Friday, March 26, 2021
M. Griggs (Washburn) & D. Rubenstein (Washburn), It’s Time to Re-Set the Bar for Online Proctoring (Bloomberg Law, March 24, 2021).
ASP's own Professor Marsha Griggs and her colleague ask crucial questions here. Everyone in ASP should be aware of these troubling issues.
From the intro:
Online bar exams administered during the pandemic were marked by controversy around the use of proctoring using artificial intelligence and allegations of cheating that mostly were proved false. Washburn University School of Law professors David Rubenstein and Marsha Griggs say regulation and best practices are needed, since online exams appear to be here to stay.
(Louis Schulze, FIU Law)
Friday, March 19, 2021
Society of American Law Teachers Presents:
Social Justice in Action Webinar Series
Can You See Me?
Inclusive Practices for Entry
into the Legal Profession
Friday, March 26, 2021 from 3:00 to 4:00 PM ET
From law school classes to artificial intelligence proctoring, students of color are asking, “Can You See Me?” Myriad stressors contribute to disparate bar pass outcomes that deprive the legal profession of much needed diversity. Some stressors are the costs, content, and cut scores of the bar exam; others manifest in the law school classroom.
Can we challenge and mitigate these stressors without exacerbating stereotype threat? Recent law grads, professors, and an identity researcher will address the problematic invisibility of students of color and present law faculty with interventions to promote inclusion.
Panel discussion with including Octavia Carson, Areeb Been Khan, Victor Quintanilla, Heidi Williams, and Pernell Jackson
Moderators: Marsha Griggs and Joan Howarth
Panelists will be available until 4:15 PM for Q&A.
Sunday, February 7, 2021
WMU-Cooley Law School is pleased to announce the online conference Teaching Multicultural Lawyering: Development, Integration and Conversation. There is no charge to attend.
The conference, and a recently completed textbook Multicultural Lawyering: Navigating the Culture of the Law, the Lawyer, and the Client (https://cap-press.com/books/isbn/9781531020415/Multicultural-Lawyering) was born from their course Multicultural Lawyering.
The conference will focus on teaching stand-alone courses in the topic, infusing multicultural lawyering throughout the curriculum, teaching multicultural instruction within professional identity programs, and developing learning outcomes for the topic. Some of the sessions will have break-out groups to facilitate small, in-depth discussions. There will be a keynote panel sharing the experiences of faculty who have been teaching these topics for many years, with an opportunity for discussion with them as well.
The online conference will take place on Thursday, March 11 (from Noon-3:30 p.m. EST) and Friday, March 12, 2021 (11 a.m.-4:30 p.m. EST).
The conference agenda is designed to accommodate the many demands on your time by focusing on two afternoons with two sessions each day and a keynote panel discussion on Friday.
Please contact us at email@example.com with questions and if you would like to be added to our interest list to receive updates about conference registration and other details as they become available.
Tuesday, February 2, 2021
Sarah Schendel, Listen! Amplifying the Experiences of Black Law School Graduates in 2020, __ Nebraska L. Rev. __ (forthcoming 2021).
From the abstract:
Law students graduating in 2020 faced a number of unusual challenges. However, perhaps no students faced more emotional, psychological, logistical, and financial challenges than Black law school graduates in 2020. In addition to changes in the administration of the bar exam (including the use of technology that struggled to recognize Black faces) and delays in the administration of the exam that led to anxiety and increased financial instability, Black communities were concurrently being disproportionately impacted by the COVID-19 pandemic. The pandemic led to increased care-taking responsibilities for many, concerns over the health of family members, and a lack of quiet and reliable space to study. Black law school graduates already struggling to juggle these challenges were also confronted with a rise in anti-Black police brutality, and the racist words and actions of politicians. As a result of this unprecedented series of stressors, many Black law graduates struggled to focus on studying for the bar, with some choosing to delay or abandon sitting for the bar altogether. Many expressed anger, disappointment, and betrayal at the profession they have worked so hard to enter. This Article summarizes the survey responses of over 120 Black law students who graduated in 2020 and were asked how the COVID pandemic and increased anti-Black violence impacted their health, education, and career aspirations. It seems likely that the impact of 2020 on the presence and wellbeing of Black lawyers in the legal profession will be felt for years to come. As professors, deans, lawyers, and policymakers reexamine the function of the bar exam and confront inequalities in legal education, we need to listen to these graduates’ experiences.
Foundational ASP Scholarship:
Paula Lustbader, From Dreams to Reality: The Emerging Role of Law School Academic Support Programs, 31 U.S.F. L. Rev. 839 (1997)
From the abstract:
Reviews the history, rationale, development, and different program structures of Law School Academic Support Programs; briefly summarizes learning theory and explains how ASP can implement those theories to teach academic skills; and suggests that notwithstanding the significance of helping students develop solid academic skills, probably the most important work that ASP professionals do is to provide the non-academic support by making the human connection to students and believing in them.
(Louis N. Schulze, Jr., FIU Law)
Tuesday, January 19, 2021
ASP Foundational Scholarship Series: This series focuses on the seminal ASP/ Bar Exam scholarship that contributed to the development of academic and bar support best practices.
For the first-ever post in this series, I was stuck between two choices. So, I chose both:
1. Knaplund & Sanders, The Art and Science of Academic Support, 45 J. Legal Educ. 157 (1995).
This article was one of the earliest and most robust empirical analyses of law school academic support programs. It helped ASP faculty defend the then-controversial pedagogy of "contextualized academic support" and answer the question "Why should we spend money on an ASP?"
From the introduction:
• Our analysis of seven distinct academic support initiatives at UCLA shows that support can substantially and demonstrably improve both short-term and long-term academic performance, but the effects vary markedly across UCLA's programs.
• The variation in academic effectiveness across UCLA's programs follows distinct patterns that yield definite guidance on the pedagogy of academic support.
• We found some evidence that academic support programs can have valuable benefits apart from their impact on grades.
2. Russell McClain, Helping Our Students Reach Their Full Potential: The Insidious Consequences of Ignoring Stereotype Threat, 17 Rutgers Race & L. Rev. 1 (2016).
Coupled with Professor McClain's conference presentations on this subject and a related TEDx Talk, this article was the first to analyze the phenomenon of stereotype threat specifically as it pertains to law students. It serves as a crucial resource for ASP faculty, and all others, to understand their potential in ameliorating the effects of implicit bias in the law school classroom.
From the article abstract:
A psychological phenomenon may be a significant cause of academic underachievement by minorities in law school. This phenomenon, called stereotype threat, occurs as a result of the fear of confirming a negative group stereotype.... When subject to this threat — as a consequence of being confronted with environmental or explicit triggers — people do worse in academic settings than they otherwise are capable of doing. In this article, I explore the implications of the research on stereotype threat for law schools and make several recommendations to deal with the threat.
There are natural implications for law school admissions, of course. If a portion of our applicant pool is affected by stereotype threat, then we cannot trust the accuracy of the metrics we typically use in law school admissions, i.e., prior academic performance and LSAT scores of law school applicants. Indeed, those credentials actually may under-evaluate the academic potential of these applicants, who are often minority students. This should cause law schools to reevaluate their admissions policies.
After students are admitted, law school provides fertile ground within which stereotype threat can flourish. This, of course, means that the performance of minorities in law school — in class, on exams, and in other areas — is likely to be diminished, such that many minorities will not perform up to their academic capacity. And, obviously, we would expect this same dynamic to play out on the bar exam.
Law schools can address stereotype threat at each of these levels, and they should do so. This article lays out a framework for understanding and dealing with the threat.
(Louis N. Schulze, Jr., FIU Law).
Sunday, November 29, 2020
Raising some up does not diminish the work of others. Instead, it improves the whole of legal education. – Darby Dickerson
I am encouraged by the words of AALS President, Darby Dickerson, who calls out the caste system in law schools and advocates for its abolition. The caste system is an unnatural stratification that unnecessarily subdivides the legal academy in a manner that is contrary to the goals and best practices of quality legal education. Yet it prevails.
Dickerson acknowledges that there is much work to do in the quest for parity. She points out that some schools pay those with non-tenure track appointments (“NTT”) one-half or less of the average pay for tenure-line faculty, even with the same (or greater) number of credit hours taught. She also addresses the disrespect and other “affronts” that many NTT must bear, like exclusion from faculty meetings and votes.
ASPers know too well the stinging bite of having tenure-line administrators and faculty dictate which courses we teach and what the content of those courses will and will not include. Sung like the song of our collective souls, Dickerson recounts the common practice of having faculty or faculty committees change or attempt to change program design (e.g., number of credits, grading schemes, course titles, etc.) “without consultation and sometimes over [our] expert objections.” Our ideas and experience-based practices and recommendations for course revisions and program redesign are too often challenged or disregarded. Failing to acknowledge the expertise and accomplishments of non-tenure track faculty and staff is a mistake that should be avoided at all costs.
Of particular interest, is that Academic Support is neither assigned, nor expressly described by, a caste. If titles correlate to perceptions of one’s status, the omission of an entire skills discipline should sound an alarm. ABA Standard 405 makes specific reference to legal writing faculty and clinical faculty, and none specifically to ASP. Legal writing professors deserve every advance they have fought for over the years, and more. Still we cannot presume to be included in the decades-long battle to erode the hierarchy separating doctrine from skills.
Our legal writing and clinical counterparts are rarely categorized as staff. Yet many in ASP have staff classifications, despite teaching required and elective courses. Too many in ASP are denied a voice or vote in the programs they teach or direct, are physically segregated far from the faculty hallways, and are denied budget funding for travel and professional development, and have 12-month appointments that limit writing projects and scholarly pursuits. Have law schools and the ABA created a caste-in-caste system by further subdividing the “skills” faculty? Why is ASP too often omitted from the from discussions about hierarchy and status?
Dickerson asks what our law schools would look like without the labor and skill of NTT. Would our program of education be as robust? Would student class performance and outcomes decline? Would our students succeed on the bar at the same rate? Perhaps we can add to her well-voiced list of questions: 1) how would our profession look without the unnecessary stratification that law schools perpetuate? and 2) what are we willing to do about it?
Thursday, November 12, 2020
In general, I don't believe in show and tell lectures. In particularly, I'm not convinced that a few powerpoint presentations about the benefits of mindfulness or positive growth mindsets can make much of a difference in academic performance. But, I do believe in the power of show, tell, and do experiences in changing lives for the better. And, there's research out of California funded in part by AccessLex to support my supposition.
As previously detailed, a brief intervention focused on belonging can make a big impact on undergraduate academic performance, especially for underrepresented minorities. Be-Long-Ing! It's Critical to Success (Oct. 3, 2019). Now, researchers in partnership with the State Bar of California and funding from AccessLex have expanded that work to the field of bar licensure. https://mindsetsinlegaleducation.com/bar-exam/
The brief 45-minute online program was made available to all bar takers for both the July 2018 and July 2019 California bar exams. Id. Interested bar applicants were able to freely sign-up for the program, which was timed to coincide right before bar preparation studies began. "The program include[d] an introductory film, stories from prior test takers, and a writing activity in which participants share[d] insights and strategies that m[ight] be useful to them and to future test takers." Id. In their research, the authors controlled for traditional bar performance predicators (LSAT and LGPA) along with psychological factors, demographic factors, and situational factors to evaluate whether the brief 45-minute intervention yielded statistically beneficial improvements in bar exam outcomes. Id.
According to a summary of the findings, "[t]hose who completed the full program and thereby received the full treatment saw their likelihood of passing the bar exam rise by 6.8-9.6%. Among all people who passed the bar after completing the program and thereby receiving the full treatment, one in six would have failed the bar if they had not participated in the program (emphasis in original)." Id. Significantly, as stated more completely in an article by the researchers, "[t}he program particularly helped applicants who were first-gen college students and underrepresented minorities, according to our analyses." Quintanilla. V., et al., Evaluating Productive Mindset Interventions that Promote Excellence on California’s Bar Exam (Jun. 25, 2020).
In finding evidence in support of the program, the authors posited a possible social-psychological explanation for the promising results:
"The California Bar Exam Strategies and Stories Program was designed to improve passage rates by changing how applicants think about the stress that they encounter and the mistakes that they make when studying for the exam. Our initial analyses of the effect of the program on psychological processes suggest that the program worked as intended, by reducing psychological friction. Participants appear to have succeeded in the face of stress, anxiety, and mistakes by adopting more adaptive mindsets. They moved from a stress-is-debilitating mindset to a stress-is- enhancing mindset. They learned to reappraise the anxiety they experienced. And they shifted toward meeting mistakes with a growth mindset rather than a fixed mindset." Id.
As I understand the research, the researchers provided bar takers with research about tactics to turn stressors from negatives into positives and engaged bar takers in implementing those strategies. In my opinion, a primary reason why the intervention was so promising rests with the last step of the intervention, in which bar takers took positive action to help future bar takers, by having bar takers write letters to future takers sharing their experiences in learning to transform frictions into pluses.
In short, the intervention empowered people to make a difference, not just for themselves, but also for future aspiring attorneys. That's a wonderful win-win opportunity. And, there's more great news. The researchers are looking for additional participants to expand the program to other jurisdictions. For details, please see the links in this blog. (Scott Johns).
Monday, November 2, 2020
Elections have consequences. As we sit on the eve of an election, Teaching the 2020 Election: What Will You Do on Wednesday?, provides helpful suggestions about how to engage and support students after November 3. In addition to articulating several guiding principles, the article also links to resources for educators looking to situate themselves, and better prepare to facilitate and navigate difficult conversations after Election Day.
Monday, October 19, 2020
A colleague recently shared an ABA Journal article with me entitled: “For Minority Law Students, Learning the Law Can Be Intellectually Violent.”
In the article, Professor Shaun Ossei-Owusu discusses the deleterious effects that a race-neutral, all-sides-matters approach to teaching law can have on BIPOC students, particularly as they struggle to reconcile that approach with the “world’s racial realities.” Professor Ossei-Owusu offers BIPOC law students two coping strategies in the absence of a more race-conscious curriculum: compartmentalizing and engaging. As the nation continues to grapple with the most recent reckoning on racial injustice and the uncertainty of the future, including the future of race-related trainings, these issues—and the way they are addressed (or not addressed) in law school classrooms—matter and have implications for students’ well-being and academic performance.
(Victoria McCoy Dunkley)
Sunday, October 18, 2020
The UBE is spreading through the country faster than any legal education reform in recent memory. A few short years ago, multiple people with information on Oklahoma's decision making thought the UBE would never happen in Texas, and following their lead, Oklahoma would also be one of the last states to adopt it. Oklahoma disavowed scaling just a few years ago, and then, Texas followed the UBE lemmings. Once Texas joined the crowd, the Oklahoma Supreme Court created a committee to study adopting the UBE. One major question for the committee was whether the UBE, through scaling, would impact diversity. The court also wanted to know if certain cut scores would impact diversity. At that time, no one had a great answer. No study looked at both the bar's impact on diversity along with cut score implications. For Oklahoma, any information was even more irrelevant because Oklahoma was one of only a few states not scaling essay scores to the MBE. The court proceeded to adopt the UBE without much information on that issue.
At that moment, there was a complete lack of information on critical topics. Thanks to AccessLex and a team of researchers, we now have a quality study on cut scores' impact on diversity. AccessLex offers grants for research on legal education issues. You can read numerous interesting articles on their grant page. The most recent article on California bar exam cut score is especially interesting.
The article Examining the California Cut Score: An Empirical Analysis of Minimum Competency, Public Protection, Disparate Impact, and National Standards considers the impact of California's cut sore on diversity while also asking whether cut scores really protect the public from incompetent or unethical lawyers. The analysis is very interesting. I encourage everyone to ready the study. We are in a unique period for bar exam reform and UBE expansion. We should definitely ask whether the bar accomplishes its intended goal of protecting the public, especially if the impact functionally prohibits diversity of the profession.
Monday, August 10, 2020
A foundational part of our professional lives as ASPers is providing feedback to students. As we engage students to provide feedback, it is likely that we will sit across from people who differ greatly from us. Try as we might to avoid judging them based on stereotypes or in-group favoritism, we all have implicit biases that may thwart those efforts (even if we like to think we conduct ourselves in an identity-neutral manner).
Some may read this and think: “No, not me. I believe in justice and equity, and strive to treat everyone fairly. I deal with diverse students daily. I’m good.” In truth, however, a person can simultaneously be committed to those principles and largely avoid conscious expressions of bias, yet still have student interactions that are influenced by their implicit biases. We all have blind spots, despite any attempts to “use introspection to acquit ourselves of accusations of bias, while using realistic notions of human behavior to identify bias in others.” Richard A. Posner, How Judges Think 121 (2008).
Acknowledging this reality is critical if we are to fully leverage opportunities for growth. To that end, the reflection questions below are a helpful starting point for those interested in identifying their orientation/preferences for communication and collaboration.
- How do you like people to communicate with you?
- How do you like to lead?
- How do you like to be led?
- How do you like people to resolve conflict with you?
- How do you like people to collaborate with you?
After reflecting on these points, consider: (1) how your preferences inform the way you provide feedback to students, (2) how your preferences might differ from students’ preferences, (3) how having preferences that differ from students might affect your ability to effectively engage them, and (4) how you can leverage any takeaways in future interactions with students.
Lory Barsdate Easton & Stephen V. Armstrong, How to Minimize Implicit Biases (and Maximize Your Team’s Legal Talent), 58 No. 9 DRI For Def. 80 (2016).
(Victoria McCoy Dunkley)
Wednesday, July 15, 2020
The AALS Section on Academic Support’s next Final Fridays Webinar, titled “Difficult Conversations on Racial Equity When Educating Law Students,” will focus on facilitating difficult conversations in law school.
On Friday, July 24 at 1:00 EST, panelists Yolanda Sewell (Cooley), Russell McClain (Maryland Carey Law), and Goldie Pritchard (MSU) will provide concrete suggestions on how start difficult conversations around racial equity. We will also discuss who bears the responsibility to facilitate discussions on racial equity and pointers for how to successfully facilitate such conversations. Afton Cavanaugh (St. Mary's) will moderate the discussion.
Though you will have the benefit of participating live as well, we also ask that you submit questions ahead of time at this link: https://forms.gle/y1RFEUPTnZPJDeYE6. The panelists will address these questions throughout the webinar.
AALS-ASP Final Fridays Webinar Series
“Difficult Conversations on Racial Equity When Educating Law Students”
July 24, 2020
1:00 – 2:30 p.m. EST
Join Zoom Meeting
Meeting ID: 869 437 8868
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Participation is free and open to all. The webinars will also be available for on-demand viewing later, via the members-only section of the AALS Section on Academic Support webpage. The benefit of participating live is the ability to ask questions of our panelists and to engage in the discussion.
The AALS Section on Academic Support Executive Board
Chair: Jamie Kleppetsch, DePaul University College of Law
Chair-Elect: Melissa Hale, Loyola University Chicago School of Law
Secretary: Kirsha Weyandt Trychta, West Virginia University College of Law
Treasurer: Joe Buffington, Albany Law School
Board Member: Afton R. Cavanaugh, St. Mary's University of San Antonio School of Law
Board Member: Maryann Herman, Duquesne University School of Law
Board Member: Haley A. Meade, City University of New York School of Law
Board Member: Herbert N. Ramy, Suffolk University Law School
Monday, June 29, 2020
As I sat down to put fingers to keyboard for my first blog post, I found myself overwhelmed. Overwhelmed by the sheer number of ideas swirling around in my head. Overwhelmed by my thinking that this post must be perfect, thoughtful, groundbreaking, and transcendent. I was convinced that this post must be rainbows and unicorns rolled into one, it must be as mellifluous and powerful as Aretha Franklin’s voice, it must be everything to everyone, and it must be nothing to no one.
It took me about 20 minutes to ask myself the obvious question (beyond the other obvious question of why I would set the bar anywhere near the otherworldliness of ‘Retha): “why, exactly, must your first blog post be all of these things?” In that moment, I realized the pressures I felt are traceable to a lifelong frenemy that, much like a phoenix, continues to rise from the ashes: imposter syndrome. Imposter syndrome is characterized by one’s persistent feelings of inadequacy and self-doubt about their abilities or achievements, coupled with a fear of being exposed as a fraud despite those achievements and ongoing success.
Thinking about my old frenemy brought to mind a conversation I once had with a student. For the last couple of years, I have served as a panelist during our 1L orientation diversity and inclusion program. At the end of last year’s program, a student approached me to, among other things, thank me for sharing my 1L experience with imposter syndrome.
I am a Black woman and first-generation college graduate who grew up with few socioeconomic advantages. To say law school was a culture shock would be an understatement. I spent most of my first year convinced the admissions office had erred in admitting me to the law school and much of my second and third years dismissing my achievements as “luck” and “waiting for the other shoe to drop” (i.e. for someone to realize that I was a fraud and did not belong at the law school).
At the end of my conversation with this student, they asked “when did you overcome imposter syndrome?” I do not recall what my answer was in that moment, but the question has triggered several deeply personal moments of introspection. When I think of that conversation, I know the honest answer to that student’s question would have been (and still is): “I’ll let you know.”
If I’m still trying to figure out how to consciously uncouple from vanquish my lifelong frenemy, it is incumbent upon me to be cognizant of similar challenges experienced by students and supportive in helping them work through—or past—those feelings of inadequacy. To this end, today I renew my commitment to: name my frenemy unapologetically, serve as a sounding board and source of support for students battling imposter syndrome, remind those students of their strength and accomplishments, and encourage them to be kind to themselves. I also commit to taking my own advice.
(Victoria McCoy Dunkley)
Sunday, June 21, 2020
This is my leap of faith to be transparent with the hope that I am the voice of someone’s situation. Previous posts by me on diversity on this platform garnered unexpected responses, not in a positive way. I hope that the openness I see around me will allow all who read to receive my words. One thing I learned from my mother is to speak when you feel it is necessary and know that every word and action is a risk. Today, I feel it necessary to write. Let me forewarn you, this may be raw and heartfelt for some but not out of the ordinary for others.
I am a Black woman in law school academic and bar support. As simple as this seems, it is a weighted statement. I contend with a myriad of impressions, judgments, expectations, and stereotypes projected on me by virtue of being black, by virtue of being a woman, by virtue of being in a law school environment, and by virtue of being in academic and bar support. The word count does not permit me to fully explore each aspect but generated here is an outline for a paper. Expectations thrust on me in the professional environment about how I should carry myself, how I should dress, and how I should speak are abundant. Also thrust on me are expected and projected limitations in my ability to be successful and thrive professionally are daunting. I balance this all while carrying the weight of expectations of immediate family, extended family, adopted family, and community because “I made it”. Why didn’t I matter earlier when I expressed the struggles I carry?
I am touched by the individuals around me who check-in, ask if I am okay, tell me I am valuable, show care, express anger, and even apologize. I used to say I am okay but lately, I say I am not okay. It is not because of all the happenings on the news, though I am significantly impacted by it, it is because those around me only seem to hear my voice now, but I am still invisible to them. I understand that for some it is too “real” to have a conversation that might highlight the fact that you injured me by your actions and inactions and made me feel less than and undervalued even though you thought you supported me. When will we have that conversation? Will you still be invested in me a month from now? Six months from now? Therein lies why I am not okay. Your silence makes me fearful that you are not committed.
As academic support and bar professionals, our focus and heartbeat are our students. I was once a black student, a female student of color. We need to examine ourselves and ask if we do not provide our colleagues of color with the care and support, then are we truly living up to the mission, values, and origins of law school academic support. I challenge my academic support colleagues and others who do not identify themselves as individuals of color or of indigenous populations to evaluate how they engage with colleagues of color and students of color. Please be proactive and intentional. Do not simply say you are an ally and you care but have no action to support your statement. Be courageous and willing to stand for and endure the consequences for something or someone you say you care about. If you value me, you will see me, you will hear me, you will try to understand me, and you will empathize with me.
My experiences and life are not a trend; I am a human being just like your grandmother, mother, sister, cousin, and daughter. Please show-up as an ally and not simply as a bystander as I am destroyed by others. Someone once said, say what you mean and mean what you say. Honestly, I do not have all the answers and my concerns may be very different from the next person, but I call you to action and challenge you to:
- Read and implement information from Law Deans Antiracist Clearinghouse Project on the AALS page
- Read the #BlackInTheIvory, while focused on higher education, information is applicable to black, brown, and indigenous colleagues and students in the legal arena
- “Cite Black Women”, persons of color or indigenous persons
- Use your power to occasionally give up your seat for the next person
- Dismantle the “isms” for the rest of your life
- Notice a silenced voice and amplify it
- Share the microphone and spotlight
- Be uncomfortable
- Mean what you say
- Use your power
- Take a risk
If you expect the process to be perfect, I am sad to tell you it will not be. You are going to mess up and you might mess up a lot. You must start so start with someone who is open and will tell you the truth. I can be blunt on occasion and don’t speak for everyone, but you are more than welcome to start with me.
True change starts with you!
(Goldie Pritchard - Guest Blogger)
#BlackIntheIvory was co-founded by Dr. Sharde Davis and Joy Melody Woods
 ”Cite Black Women” created November 2017 by Dr. Christen A Smith to push people to engage in citation that acknowledges and honors Black women’s intellectual product
Monday, June 15, 2020
One year ago this month, I wrote my first post for the ASP blog. And while it seems like only yesterday that I began my quest to bombard readers with my weekly musings, I have decided to step aside to make room for other voices to be heard through this forum. Today will be my last post as a regular contributing editor, and I will use this opportunity to reflect on the wonderful learning and growth experience that the year has brought.
I’ve learned that:
Education and advocacy are not parallel paths, but rather an important intersection at which the most effective teachers are found. I left a high stakes commercial litigation practice for a role in academic support. I naively believed that an effective teacher had to be dispassionate and objective and more focused on pedagogy than on legal advocacy or controversial topics. However, I grew to realize that the very skills that made me an effective lawyer still guided me in the classroom to teach my students and to open their minds to new perspectives. My realization was affirmed when ASP whiz, Kirsha Trychta, reminded us that the courtroom and the law school classroom are not that different.
Anger can have a productive place in legal education and scholarship. I don’t have to conceal or suppress my passion to be effective as a scholar. I am angry on behalf of every summer (or fall) 2020 bar taker. I am bothered by states that are so tethered to tradition that they refuse to consider the obstacles and challenges of preparing for a bar exam during a pandemic. It troubles me to see law schools close the doors to their libraries and study spaces, and yet expect 2020 bar takers to perform without the benefit of quiet study space and access to internet and printing. I am flat out disgusted by the notion of forcing law students to assume the risk of death to take the bar exam. And I waive my finger to shame the states that have abandoned exam repeaters and that waited or are still waiting to announce changes to the exam dates and format after the bar study period has begun. These states have essentially moved the finish line mid-race, and our future lawyers deserve better. But thanks to the vocal efforts of others who have channeled their righteous anger into productive advocacy and scholarship, I’ve seen states like Indiana, Michigan, Nevada, Utah, and Washington emerge as progressive bar exam leaders in response to a crisis.
Silence is debilitating. Like so many others, I was taught to make myself smaller, to nod in agreement, and avoid topics that would make others uncomfortable. The untenured should be seen, not heard. I am the person that I am because of my collective experiences. Stifling my stories and my diverse perspective would be a disservice to my calling and to the next generation of lawyers who need to be met with a disheartening dose of racial reality. As soon as I showed the courage to speak up and step out of other people’s comfort zones, I found that I was not alone. My ASP colleagues, like Scott Johns, Louis Schulze, and Beth Kaimowitz and others, were right there speaking out too.
Glass ceilings become sunroofs once you break through them. In the last few years, I have seen more and more of my ASP colleagues earn tenure or assume tenure track roles. And while a job title or classification, will never measure one’s competence or value, our communal pushes for equity are visibly evident. ASP authors continue to make meaningful contributions to scholarship in pedagogy and beyond. Thank you to Renee Allen, Cassie Christopher, DeShun Harris, Raul Ruiz, and the many, many, many others who I can’t name but whose work I’ve read and admired. With varied voices, we are paving the way to enhanced recognition and status in the academy, and with mentorship and writing support we are forming the next wave of formidable ASP bloggers, scholars, textbook authors, and full professors.
June 15, 2020 in About This Blog, Academic Support Spotlight, Advice, Bar Exam Issues, Bar Exams, Current Affairs, Diversity Issues, Encouragement & Inspiration, News, Publishing, Weblogs, Writing | Permalink | Comments (0)
Monday, June 8, 2020
But opportunity is real, and life is free, equality is in the air we breathe. – Langston Hughes
Today I see my country, my life, my career, and my future through the convoluted lens of multiple opinions. My aspirations, both professional and private, are crowded by polarized expressions of rage, shock, and dissatisfaction. As I fight the soul soothing desire to escape the madness that for me is today, yesterday, and tomorrow, I retreat into a self-denying sense of duty that is my temporal high calling – to help others. To help others pass the bar exam and to succeed in law school is the calling of academic support. I am one of a wonderful community of academic support professionals who work tirelessly to help law students and law graduates develop the skills for academic success and bar readiness. As I ponder this special calling, I ask myself, what if countries were like ASP?
What if we had ASP-like programs and opportunities that were available to all members of society? What if coaching, and other resources were made equally available to every and any person who wanted or needed them? What if governments sought out the weakest and most vulnerable members of society to make sure that those most in need of extra help were aware of the resources available? What if national communities were organized in the most ASP-ish of manners, so that support resources could be shared freely, and various cities and states could benefit from this system of open-access without costs or competition? What if all members had the benefit of practice exams and test drives that carried no lasting consequence other than early exposure and preparation for the true tests of life?
For those unfamiliar with the term ASP, Cornell Law School provides some guidance. ASP, or “Academic Support Programs, are available to help all students develop the skills necessary to succeed in law school.” Law schools are purposely, and rightly, inclusive in the scope and description of their academic support services. CUNY School of Law is “committed to providing academic support services to all students who need them.” These descriptions are both accurate and aspirational. ASP is for everyone and anyone who wants or needs it.
Yet, those of us who lead and direct institutional academic support programs know that, although available to all, not all students take advantage of ASP. In fact, the students who we serve most commonly, or rather those who are most often targeted for inclusion in our programs, are the ones most in need of the supplemental opportunities provided by ASP. We willingly make resources available to all, but the success of our programs will be measured, inter alia, by the degree to which we mitigate the “failure-risks” presented by some students based on admissions indicators or law school performance.
As I again consider my precious and special calling and my wonderful ASP colleagues and the many students in whose lives we make real differences, I ask – what if ASP were like countries? What if we could not single out the students for whom our programs were created? What if we were not permitted to tailor the focus of our programs for those with the greatest academic need and those with socioeconomic disadvantages? What if we were forced to dilute the quality and quantity of remediation for the ones at risk of academic dismissal, to prevent the appearance of non-inclusiveness? What is ASP “for all” was interpreted to mean that ASP “for some” was exclusionary and an affront to the importance of the entire student body? The notion of academic support available to all is not cheapened or compromised by the calculated and deliberate act of making sure that the reach of our services extends to, and includes, those for whom denial of such services would make legal education far less likely. After all, ASP exists to level the playing field and make a diverse and inclusive legal profession more likely, not less.
In the end, I guess I am glad that ASP is not like the countries that I know of, and I am left to wish that countries could be more like ASP.
Thursday, June 4, 2020
I've taken the title to this little blog from a phrase in the recent post of Prof. Marsha Griggs, calling us, all of us, to action and resolve to fight, work, and promote justice. Griggs, M., "Despicable Us," Law School Academic Support Blog (June 2, 2020). As Prof. Griggs reminds, it's our oath, and in that oath, we say that we are committed to safeguard justice for all. But what if there's little to safeguard? What then?
The horrific brutal torture and killing of another innocent person just last week makes one wonder. There have been so many others, not just in the U.S., but around the world. What is it that leads so many to blindly look away, to not care or empathize, to sit on laurels when, frankly, the laurels are all dried up?
I'm tired of calls to come together and talk. And, in light of the ongoing protests, it seems like I am not alone. But as Prof. Griggs points out, most are silent.
So often I'm that one - the silent one. I'm not sure what I can do or say but I know that I hold a position of great responsibility, which obligates me to spring to action to make the world as right as it can possibly be. That takes real work, not trite talk. I'm worried that so few really want to do that work, that so few are really eager to change, that so few are so wedded to the present that there's little promise or hope for a brighter future. I'm worried that I'm one of those, waiting for others to right an upside down world.
I didn't know what else to do. So I wrote letters. First to the mayor of Minneapolis. Then to the police chief. Next to the mayor of Denver and the police chief of Denver. Finally to my U.S. senators and local U.S. representative.
Everyday counts because every person counts. As I tried to explain to my students this summer, there are ways to move forward towards the pursuit of justice, right now.
First, take a look at how many municipal ordinances and state laws provide for incarceration. I think that many of those punishments are out-of-all proportion with the social harms for which criminal laws are supposed to countenance. And, the lack of proportionality is, I think, a violation of constitutional due process because it burdens people for no reason at all.
Second, take a look at the details of what happened in Minneapolis. A telephone call about a possible counterfeit $20 bill. Two police show up to investigate. One draws a gun and orders Mr. Floyd out of the car. $20 dollars. What happened to the investigation? It was like the police wanted to make an arrest. The alleged crime being investigated, I think, was a specific intent crime, requiring proof of both the act of using counterfeit currency to purchase goods or services along with the mental state of intent to use counterfeit currency. Under the due process requirement of the Constitution, that would seem to require a real investigation rather than drawing a weapon. It sure seems like a violation just to walk up to a car and threaten someone's life with lethal force without at least asking any questions. That's why I wrote to the city leaders and politicians admonishing them to reform criminal laws to require the issuance of citations rather than proceeding with arrests, which are by their nature acts of force and the escalation of force. Better to proceed with deescalation, issue a citation after a thorough investigation, and then bring the issue in front of an independent magistrate.
Third, I've read a lot of police reports. They talk a lot about probable cause but in general have little facts to show for it. And, because the Constitution requires both probable cause to issue a citation or to make an arrest, with reasonable trustworthy facts as support, its time to ensure that police reports, etc., list identifiable, particularized, concrete allegations of fact to support both the culpable criminal act of the crime alleged along with the culpable mental state. In my opinion, that's a requirement of not just the Fourth Amendment but also the Due Process Clause to provide meaningful notice of the specific grounds for criminal charges. What if police reports fail to identify such facts? It's defective and the citation, arrest, and/or indictment should be quashed, immediately. And, the police authorities who harmed a person by failing to provide constitutional notice ought to be liable under civil rights laws for acting under the color of law without constitutional authority in explicit derogation of due process protections. And prosecutors that pursue such defective charges ought to be held accountable by regulatory agencies, the public, and the legal system.
Fourth, according to news media, at least one of the police officers arrested and charged for the death of Mr. Floyd had previous disciplinary records, which, as far as I can tell, resulted in little action and were not available to the public at large. When political leaders, as our representatives, appoint police officers, as our agents, and when the political leaders then arm those police officers with lethal force, the HR records of those officers should be available to us all. Nothing should be secret; after all, the police are supposed to work for us. But, I hesitate to add, police unions are mighty powerful. Often times, it seems, more powerful than political leaders. But if a union protects someone who is engaged in unlawful acts, then we should hold unions accountable too.
Perhaps my suggestions to politically powerful leaders won't make any difference. So far I've not received any responses. But I'm not giving up. All of us only have one life to live. It's up to us to choose to live it fully, wisely, and for others. I fall short, so often, and all the time. But with each day, we get a new opportunity. The past need not hold us back, if only we have the courage to act. After all, that's the constitutional duty that we've pledged ourselves to embrace on the behalf of others. To act justly on the behalf of others. (Scott Johns).
P.S. As a starting point, please take a look at Attorney General Ellison's statement and the criminal charges filed against the 4 Minneapolis police officers:
I quote in part the words of Attorney General Ellison from the news release: "
"To the Floyd family, to our beloved community, and everyone that is watching, I say: George Floyd mattered. He was loved. His life was important. His life had value. We will seek justice for him and for you and we will find it. The very fact that we have filed these charges means that we believe in them. But what I do not believe is that one successful prosecution can rectify the hurt and loss that so many people feel. The solution to that pain will be in the slow and difficult work of constructing justice and fairness in our society.
That work is the work of all of us. We don’t need to wait for the resolution of the investigation and prosecution of the George Floyd case. We need citizens, neighbors, leaders in government and faith communities, civil- and human- rights activists to begin rewriting the rules for a just society. We need new policy and legislation and ways of thinking at municipal, state, and federal levels. The world of arts and entertainment can use their cultural influence to help inspire the change we need. There is a role for all who dream of a justice we haven’t had yet.
In the final analysis, a protest can shake the tree and make the fruit fall down. But after that fruit is in reach, collecting it and making the jam must follow. The demonstration is dramatic and necessary. But building just institutions is slower and more of a grind, and just as important. We need your energy there too. We need it now."
Monday, June 1, 2020
My house is made of candy, and sometimes I eat instead of facing my problems! – Gru, Despicable Me 2
As a nation we have problems to face, but a complacent majority seems to be turning to self-comfort and denial instead of confronting the problems head on. In the legal profession, complacency will cause the voice of the oppressed to fall on deaf ears. The greatest risk of self-regulated and unregulated professions is smug indifference to social change. As legal professionals, we are trained advocates. Trained first to advocate for ourselves and then for our clients, our students, and the protection of the rights of the commonwealth.
We took oaths to defend the Constitution and to conduct ourselves ethically. History and now recent events have proven and reminded us that silence in the face of injustice is unethical. We are not powerless to uphold law and order. We are equipped with the voice, credibility, network, skill, education, and training to effect change and to preserve lawfulness. In our silence and inaction, we become complicit in crimes and civil wrongs against those in dire need of advocacy.
Like all of us in ASP, I am a fervent advocate for my students and alumni. I want them to have sufficient bar prep resources, and fair and reasonably transparent practices in the administration and scoring of the bar exam. One of the most important things about our bar policy advocacy is that we are advocating for positions that will not affect us personally or professionally. On a daily basis, we demonstrate staunch support and fervent advocacy for a fair exam process for bar takers, even though we already hold law licenses and don’t need to take a bar exam.
In that vein, we should also be able to lend our voices to causes that may not “seem” to directly impact us. The ABA Model Rules of Professional Conduct remind us that as lawyers, we have a “special responsibility for the quality of justice.” As legal educators we are molding the next generation of lawyers. A generation that should be shaped with more than our thoughts and prayers. Last week the world witnessed a modern-day lynching by knee, with the assailant face to camera and hands in pocket. This horrific and callous homicide and all events in its aftermath will not be brought to justice on social media or in the courts of public opinion.
If the Constitution that we are all sworn to uphold means anything, then lawyers, law professors, judges, prosecutors, clerks, and peace officers will put to use their advocacy skills, training, and public reach to bring about the justice that has continued to elude people who look like George Floyd, Philando Castile, Botham Jean, Sandra Bland, Tamir Rice, Michael Brown, Alton Sterling, and others. Unless we use our voices and our knowledge of policy, procedure, and statutory construction to protect people who jog, play in public playgrounds, drive luxury autos, travel by car with their children, and eat dinner or sleep in their own apartments, we will have progressed too far down a path of Constitutional disregard.
Our houses are not made of candy, and we cannot afford to turn a blind eye to challenges to justice and equality.
Monday, February 24, 2020
The bar exam is so much more than a test. It is an arduous all-encompassing journey that begins with months of study and practice. Today, the journey comes to an end for the February bar takers. As we send positive thoughts and well-wishes to our students taking the bar exam, we should consciously acknowledge the individuality of the journey for each student, the diversity of experiences, and the sacrifices that were made to reach this point.
Bar takers of all ages and backgrounds have sacrificed, surrendered, lost, ignored, delayed, and missed so much while studying for the bar. Yet, life circumstances would not pause during bar study. Some wed, or welcomed a new child; others dealt with the loss of a pet or family member; some faced separation or divorce; while others moved in, moved away, or moved back home. There are bar takers who made the necessary decision to leave young children in the temporary care of family or friends, while others had to find ways to incorporate parenting and family time, or perhaps elder care, into the bar study routine.
For so many, there were financial struggles. Students took out loans to pay for a bar course, to eat, to live. Some quit their jobs for full-time bar study; others lost their jobs because they could not keep up with the hours and the demands of study. Repeat takers managed the stigma and financial distress of a second, or third, bar prep period. No dollar amount can truly capture the real cost of studying for the bar. There is a toll on your body, your back, your hands, and your eyesight.
Bar takers everywhere, we see you. We acknowledge your struggle. We affirm your efforts and we cannot wait to celebrate your success!
Monday, February 17, 2020
Bar takers, you have seven study days remaining to prepare, to take one last look at your bare bones outlines, to try to crack the code for recognizing recording statutes, and to improve your speed at performance testing. Adding to the angst of sitting for an exam that will determine entry into your chosen profession, is the foreboding fact that national bar passage rates have declined and not returned to prior years heights. News from bad to scary, logically, can lead to doubt and self-debasing thoughts like who am I to pass if as few as four of every 10 bar takers pass the bar in some states?
The negative thoughts creep in and resound even louder to those who entered law school against the odds. Those with LSAT scores below 150; those who juggled working to provide for a family by day, and the competitive rigors of law study by night; those who managed the anxiety of chronic illness and attendance requirements; those who faced implicit biases that created a presumption of lower competence and precluded their appointment to prestigious posts; those whose humble social or financial backgrounds placed them in a daily battle with imposter syndrome; those whose law schools don't rank elite; and those who’ve found a home in the bottom quartile of the law school class are left to silently question who am I to pass?
Let these words be the fight song for the academic underdog. You entered law school, wind at your front, and made it. You fed your family and persevered. You commuted two hours to and from school and made the 8:00 AM lectures. You tutored yourself. You feared failure, but kept going. You ignored the rankings, and focused on your exams. When things got hard, you got harder. So to those who still question, who are you to pass . . . ?
I ask the better question: who are you not to?
 The Louisiana Bar Examination is administered February 17 – 21, 2020, eight days before the administration of the Uniform Bar Exam and other state bar exams.
 Mark Hansen, Multistate Bar Exam Average Score Falls to 33-Year Low, A.B.A. J. (Mar. 31, 2016). See also Jeffrey Kinsler, Law Schools, Bar Passage, and Under and Over-Performing Expectations, 36 QUINNIPIAC L. REV. 183, 187 (“Between 2009 and 2013, nationwide firsttime bar passage rates remained in the high seventy percentile range with three years at 79%, one year (2013) at 78%, and one year (2012) at 77%. Those nationwide bar passage numbers slid from 78% in 2013 to 74% in 2014, 70% in 2015, and 69% in 2016.”).
 Joshua Crave, Bar Exam Pass Rate by State, LAWSCHOOLI (Jan. 29, 2019), https://lawschooli.com/bar-exam-pass-rate-by-state.
*adapted from BarCzar Blog originally published April 2018.