Law School Academic Support Blog

Teaching Metacognition to Law Students

Introduction

As ASP professionals, we understand that substantive knowledge (doctrine) and procedural knowledge (skills training) alone are not enough for self-directed growth. When students underperform on exams, they need to commit to learning and, more importantly, understand how they learn so that it translates to self-directed improvement.

 

Often described informally as “thinking about how you think and learn,” metacognition involves: (1) the awareness of what you bring to the learning experience (awareness of your own personal cognitive resources), and (2) the on-going process of actively planning, monitoring, evaluating, and creating learning strategies to complete a particular task (regulation of your learning).

 

To support our students, we need to help them continually ask self-reflective questions throughout their learning process. This allows them to take inventory of the learning tasks involved, discover what’s working and what’s not, and actively monitor and adjust their cognitive processes to gauge if they’ve truly mastered the material. Ultimately, metacognition empowers students to be aware and in control of their cognitive processes to improve the quality and effectiveness of their learning.

 

The following are four ways to help students develop their metacognitive skills:

 

1. Encourage Students to Get in the Right Mindset 

A growth mindset is crucial for effective learning. Students who believe their abilities can improve through effort and strategy are more likely to embrace challenges and persist through difficulties. Help students reframe fixed-mindset thoughts, like “I’ve always been bad at writing,” or “I’ll never understand civ pro,” into growth-oriented affirmations, such as: “I can improve my legal writing by mastering the CREAC paradigm,” or “I can do better. I may not understand the court’s rationale in Pennoyer v. Neff right now, but I will.” These shifts in self-talk can significantly influence how students approach their studies.

 

2. Encourage Students to Plan Their Learning Tasks Strategically 

Once students adopt the right mindset for their learning task, the second step is planning and preparation. This is essentially all the thinking that needs to be done before performing the task. It’s figuring out what you need to learn and how you will go about doing it. Schwartz and Manning suggest students ask five metacognitive questions as they plan their learning task: 

 

1. What is the task required? Identify not only daily assignments but also how tasks fit into broader goals, such as preparing for the exam.
2. How should I classify this task? Recognizing task types (e.g., reading comprehension, synthesis, outlining) helps students select the most appropriate strategies.
3. What is my higher motivational goal? Connecting tasks to long-term goals fosters intrinsic motivation, helping students see the value of their efforts.
4. What are my specific learning goals? Goals should be concrete and actionable (e.g., “By Friday afternoon I will identify the ways a defendant can have sufficient minimum contacts with forum state,” “On Saturday morning, I will work through four short hypos on the minimum contacts test and compare answers with my study group.”) 
5. What specific strategies will I use? Students should tailor strategies to their learning preferences (visual, auditory, kinesthetic, etc.) and use motivational techniques like small rewards or affirming self-talk to stay focused and efficient.

 

3. Encourage Students to Self-Monitor While Performing Their Learning Tasks 

During study sessions, students must monitor their attention and effectiveness. Many fall into “pseudo-studying” where time is spent on activities that look like studying but really are the result of poor attention-monitoring. To avoid this, students can use tools like checklists to track tasks and maintain focus. For instance, breaking tasks into smaller, manageable steps (e.g., “First, I will read and brief Marbury v. Madison for Con Law. Second, I will review my professor’s comments in my trial brief again, and then fine tune the analysis in my second CREAC. Third, I will...”) can provide clarity and momentum.

 

4. Encourage Students to Self-Reflect on Their Learning Experiences

Reflection helps students to process their experiences and identify ways to improve. After completing a task, encourage them to ask themselves:

• After testing myself on the concept with practice problems, how well did I perform? Did I master the material?
• How well did I learn this concept? Did I truly understand it on a deep level?
• Did I make efficient use of my time? Should I increase or decrease the amount of time I spend on this task in the future? 

 

Conclusion

We know that bad grades or a failed bar exam are not the result of our students’ lack of ability or intellect. In my opinion, I believe they are likely due to correctable causes. By teaching metacognition, we can help our students figure out what went wrong and take actionable steps toward improvement.

_________________

1.  Michael Hunter Schwartz & Paula J. Manning, Expert Learning for Law Students (3d ed 2018).

 

(Guest blogger: Dawn Young, Clinical Assistant Professor of Law Loyola University Chicago School of Law)

1L of a Blog Series: Manage Stress for Success

Welcome to law school! This is a biweekly series with tips and tricks for success in law school. We’ll cover things like time management, outlining, preparing for exams, and more! Although this series covers skills and tricks that might be new to 1Ls, I hope that every member of the law school community can find something helpful here.

Final exams are (almost) here! This is a high-stress time for law students, particularly 1Ls who haven’t taken a law school final exam before. The volume of material and the pressure to perform can be overwhelming. However, managing stress effectively is critical for maintaining mental health and achieving academic success. Here are a few tips to stay calm, focused, and resilient during this intense time.

1. Create a Realistic Schedule

To make sure you’re hitting all of the material, you should map out your study schedule. However, make sure that schedule is realistic! It’s not reasonable to plan to study contracts for 14 hours straight. Instead, break your syllabi into manageable chunks and allow time for study breaks. Tools like the Pomodoro Technique can help keep you motivated and focused.

2. Prioritize Sleep & Physical Activity

Sleep and physical activity should be included in your study plan. It’s tempting to stay up all night studying, but sleep is critical for cognitive function. Aim for 7-8 hours of sleep to ensure your brain is well rested. Physical activity should also be a priority. It’s a natural stress reliever, so planning a quick workout or a walk around the block can help reduce anxiety and improve your focus.

3. Seek Help if Needed

If stress becomes overwhelming, don’t hesitate to seek help. Reach out to your support system for encouragement and perspective. Additionally, many law schools have mental health counseling services. There’s no shame in reaching out for support at any time.

4. Keep Perspective

When you’re in the midst of exams, it’s hard to remember that one exam does not define your worth or future career. You have been working hard all semester, and the final exam is your opportunity to show off that work to your professor. Focus on doing your best and remind yourself that exams do not define you.

Final exams are tough, but with proper planning and self-care, you can navigate them successfully. By managing stress effectively, you’re preparing for exams, and you’re building resilience and skills that will serve you throughout your career. Good luck!

(Dayna Smith)

Sacred Pause

I hope my students are having better luck at refocusing after this Thanksgiving break than I am.  I watched my son (a college sophomore) navigating his break with one foot in the family world and another in the end of classes/exam world and I wished he would have felt more comfortable jumping alternatively with both feet into both puddles.

We are entering our last week of classes here and while it is a great relief in some ways, calling it an end while having to rev up to get ready for what comes after it seems a little cruel[1]. The timing isn’t ideal.

Yet, we all needed this break. In the post[2] pandemic world, I feel like there is no way to avoid work and meetings and scholarship and everything we need to do unless it is a universal holiday. In short, there is no more “sacred time” in anyone’s schedule these days. I am on a bunch of committees that meet on Fridays. Evidently, Fridays are the new Thursday[3]. I understand why. Back in the before times, Friday was usually a freer day-sure you might have a class or two, but no one expected more than that and certainly nothing happened after 1:00 p.m. However, now that we can work from home (at any time--on any day—in any hoodie), chances are people are still more free on Fridays, so it is a good time for a group to meet.  I know that frittering away the resource of a relatively free weekday is not good time management. Our students know that too.

Back when I was in law school,[4] we used to make a point of taking a really long walk home from classes on Friday afternoons. We would put our books in our lockers and walk relatively unencumbered down Huntington Avenue, turn left on Mass. Ave, turn right on Newbury (or Boylston, or Beacon, or Comm. Ave depending on the season) and walk through the Massachusetts State House (totally not allowed anymore), out the back, down the hill, and home. We would stop for coffee, to look in a bookstore, and on one occasion to adopt a kitten. We put physical distance between us and the law school, and it was freeing and relaxing. Sure, we got up early and joined our books back at the law school the next morning, but that walk was a signal to our minds and bodies that it was time for well-deserved break at the end of a long week.

These days, I see students worry if they are not constantly working.[5]  But not of all that time is productive. Sometimes, students engage in repetitive busy work to feel that they have accomplished something and not squandered any time. I will absolutely admit that I take great satisfaction in crossing things off my to-do list even if I have just added them because I did something I hadn’t planned on. But the constant feeling of never being caught up or finished takes its toll on students. I think this break, albeit a poorly timed one, is one we all needed. Experts at the National Institute of Health (as well as many others) agree that taking breaks helps students to retain content and perform better on tests of their knowledge.[6] Allowing a brain to hold the information it needs for exams is something law students need more than an all-night study session. We all know that an all-nighter is never a good idea in law school. Students need to hold space for holding space.[7]

So please add, “took a well needed break” to your to-do list for last week, and then cross it out.

(Liz Stillman)

 

[1] That is also how I felt about graduating from law school a week into the bar review course back in the day.

[2] I really hope it is the after times for COVID.

[3] Could be a TV show title?

[4] Yes, it was the 1^st edition of the Bluebook times…not really, but that is what one of my undergrads guessed this year and I hope they understand where that F is coming from….

[5] Some should, of course, work more than they do.

[6] https://www.nih.gov/news-events/news-releases/study-shows-how-taking-short-breaks-may-help-our-brains-learn-new-skills#:~:text=However%2C%20they%20also%20saw%20activity,possibly%20facilitate%20rehabilitation%20from%20stroke.%E2%80%9D

[7] Yes, I did see the Wicked movie over this break, why do you ask?

1L of a Blog Series: Conquering Your Final Exams

Welcome to law school! This is a biweekly series with tips and tricks for success in law school. We’ll cover things like time management, outlining, preparing for exams, and more! Although this series covers skills and tricks that might be new to 1Ls, I hope that every member of the law school community can find something helpful here.

Law school final exams are not just a test of knowledge – they’re a test of strategy. Your exams will focus on applying legal principles to hypothetical scenarios, making how you prepare the key to acing them. Here are a few study strategies to help you succeed:

1. Understand the Exam Format

Every professor has their own style, and it’s critical that you understand what each of your professors is looking for in your exam answer. If available, analyze past exams. Have they been multiple choice, short answer, or essay-based? Knowing the format will help you tailor your preparation and focus your efforts on where they’ll have the most impact.

2. Master the Material

Understanding the law is non-negotiable. You have been building the foundation of your understanding all semester, but now is the time to fine-tune your approach. Focus your efforts on outlining and summarizing the material. As you better understand the material, you should also create checklists or attack outlines to memorize key issues and make sure you don’t miss anything on the exam.

3. Memorization Strategically

Even if you have an open-book exam, you need to know the rules and elements by heart. However, rote memorization is not enough. You should also focus on understanding and memorizing how rules interact with one another. Try out different memorization tricks like mnemonics, flashcards, and repetition for particularly tricky rules.

4. Practice, Practice, Practice!

Practice is the key to acing your exams. You should do as many representative practice problems as you can, focusing on materials provided by your professor. In addition to better understanding the material, practice problems are where you hone your approach. When you first look at a problem, are you immediately directing your attention to the call of the question? Doing so can often help “prime” your brain with the legal rules and principles that you’ll need. Then, you can dive into the facts with the correct law at the front of your mind. Additionally, when you practice writing essays, practice using the IRAC method. Professors value clarity and a logical analysis, and every practice essay is an opportunity to improve your exam writing. If possible, you should also seek feedback from your professors, TAs, ASP professionals, and/or classmates.

5. Prioritize the Professor’s Preferences

Every professor emphasizes difference things. Pay close attention to class discussions and any hints they drop about the exam. Examine sample answers they’ve provided for trends that might suggest their preferences. Then, tailor your studying to align with what they find most important.

6. Hone Your Exam Timing

Time management is key throughout law school, but it’s particularly important on exam day. Time is your most valuable resource, so practice breaking down how much time you’ll spend on each component of the exam. For instance, if you have an essay-based exam, how much time will you allocate to issue spotting, outlining, and writing? If it’s multiple choice, do you have a sense of how much time you’ll have per question? Practice these timing strategies before the exam so they’re familiar on exam day.

7. Simulate Exam Conditions

Like practicing your timing, replicating exam day by practicing in a quiet environment with limited resources will help you get comfortable with the stress of the exam. If possible, do some practice problems in the room you’ll take your exam in to get familiar with the space. Do a full simulation by going through all the steps of approaching a problem under exam conditions.

8. Don’t Forget Self-Care

Law school exams are mentally, emotionally, and physically taxing. Prioritize your health during the stressful time by getting enough sleep, eating healthy meals, and taking breaks while studying to recharge.

Success in law school isn’t just about how much you know. It’s about how effectively you apply your knowledge. By combining thorough preparation with strategic practice, you’ll maximize your chance of success!

(Dayna Smith)

1L of a Blog Series: The Lead-In to Final Exams

Welcome to law school! This is a biweekly series with tips and tricks for success in law school. We’ll cover things like time management, outlining, preparing for exams, and more! Although this series covers skills and tricks that might be new to 1Ls, I hope that every member of the law school community can find something helpful here.

It seems like we just finished midterms, so you may be surprised to see the words “final exams” in this blog’s title, but it’s time to direct your attention toward the end of the semester. As you figured out from midterms, law school isn’t a place where last-minute cramming works. Instead, you need to spread your studying out over the four to six weeks before exam period.

This doesn’t mean you need to kiss your social life goodbye for the next month and a half. Instead, focus on adding one or two finals-geared activities each week leading up to the exam. Once you add an activity, you should keep it in your weekly schedule until exams. You’re building up the knowledge, understanding, and stamina you’ll need to ace your finals. Here’s a template to give you an idea of how you might approach the next few weeks.

T-Minus Six Weeks to Finals

Your primary goal this week is to make sure you’re up to date on your outlines and understanding of the material. In addition to your weekly class readings and assignments, identify a few time blocks this week where you can update each of your outlines. As you update, take notes on any pending questions you have about the material to this point. After this week, your outlines should reflect your current understanding of each course. This includes making any adjustments to reflect what you learned from reviewing your midterm exam.

Speaking of your midterm exam, this is also a good time to make sure you’ve answered all pending questions about the midterm. For each question, make sure you fully understand where you lost points and what you did well to earn points. Go meet with your professor or TA if needed.

T-Minus Five Weeks to Finals

This week you’ll be adding in professor and TA meetings. It’s time to get some answers for that list of questions you compiled while updating your outlines and reviewing your midterms. As you get closer to final exams, your professor’s office hours will get more crowded. Now is the time to resolve your backlog of questions so you can focus on memorizing that material. From here on out, you’ll be talking to your professor or TAs each week as you think of new questions, but this week is when you’re making sure your understanding of the material you’ve learned in the first eight to ten weeks of the semester is accurate.

T-Minus Four Weeks to Finals

This week you should start collecting practice materials for each course. Your professor may release practice exams, but you should also look for other representative practice material. For example, you might consult supplemental multiple choice question books for targeted practice. You may also find redoing hypotheticals from class helpful to reinforce concepts. Gather these materials for easy reference later. If you need guidance finding supplemental practice material, you should consult your professors, TAs, and academic support professionals.

T-Minus Three Weeks to Finals

You’re keeping up with your readings, updating your outlines, and collecting practice materials. Whether your exam is open or closed book, it’s time to start actively memorizing the material. There are a lot of great memorization techniques, such as flashcards and mnemonic devices. Try out some different techniques to find the one that works best with your learning style.

You should also add practice into your schedule this week. For your first practice sets, take them with your outlines. Did your outline have all the information you needed? If not, you should reevaluate your outlines and go to office hours to get advice on your depth of understanding. Your early practice sets should also be focused on information from earlier in the semester, so that you reactivate that information in your mind.

T-Minus Two Weeks to Finals

This week is a bit of a relief because it’s where you’ll mostly maintain a holding pattern. Keep reading for class. Keep updating your outlines. Keep asking questions. Keep memorizing rules. Keep completing practice sets. Your one additional activity this week is to create a list of all key areas you expect your professors to test you on in each class. Once you have that list, use your outlines to identify the key rules within each area.

It may seem impossible at this point, since there’s so much on your plate, but try to find a moment this week to do something personally fulfilling and energizing. The next few weeks will stressful. Try to plan a few easy meals and lean on family and friends in the area. You can do this!

T-Minus One Week to Finals

Your energy is almost completely devoted to final exams now. You may have reading days this week to give you the opportunity to focus your attention entirely on your exams. This is the final push before you get to show your professors everything you’ve learned this semester. Make sure you stay healthy and give yourself short breaks between study sessions to keep your mind fresh.

This week, your outlines will reach their final form. You will finish memorizing the key rules, tests, and definitions you’ll need to know on your exams. Continue to take practice exams. Write out full answers to practice essays and try to simulate exam conditions. After each practice set, make sure to fully analyze and dissect your answer. Each misstep in a practice exam is the potential to earn another point on the real thing, so take the time to examine your mistakes. You should also focus on what you’re doing well in your answers and make sure not to abandon those skills.

Final Exams

This is your victory lap. The final exam is when you show off everything you’ve learned from all those hours of reading, outlining, memorizing, and practicing. You’ve worked so hard and come so far. Take a few deep breaths and dive into those exams. You can do this!

 

(Dayna Smith)

From BOO to WOO: Turning Tricky Midterms into Sweet Success

Midterms can be a spooky experience. Maybe you thought you were prepared, but now you’re staring at your grade and it wasn’t what you’d hoped for.  If this is you, don’t worry—you have plenty of time to improve before finals. Here are some tips to help you turn your midterm frights into finals delights.

1. Face your Fear: Look Closely at Your Midterm

Receiving less-than-ideal grades and feedback can feel a bit like watching a horror movie, but it’s essential for growth. Take the time to thoroughly review your graded midterm. Look for patterns and reflect on your preparation: Were you losing points due to missed issues, incomplete analysis, or misunderstanding key concepts? Pinpointing where you went off course is the first step to plotting a path forward.

2. Breathe New Life into Your Study Habits

If your midterm didn’t go as planned, consider whether your study methods need a transformation. Were you cramming too much information at the last minute? Did you focus on memorization without practice? Find ways to study smarter: take practice exams, craft and review outlines consistently, and create summaries for complex topics. The goal is to transform your study habits from lifeless routines into active, effective learning strategies.

3. Seek Wisdom from Your Guides (aka Professors and TAs)

Much like a Halloween film protagonist seeking guidance from a wise mentor, reach out to your professors, teaching assistants, or academic support professionals for help. Professors can offer valuable insights into your performance and suggest specific areas to improve. Attend office hours with prepared questions about the material or your midterm feedback, and consider bringing concrete examples of areas where you struggled. They’ll appreciate your initiative, and you’ll gain a clearer idea of what to work on.

4. Form a “Coven” of Study Buddies

Collaborating with classmates can be a game-changer, especially if you’re haunted by similar questions. Join a study group or start one yourself, focusing on areas where you all need improvement. Comparing notes, discussing hypotheticals, and testing each other on tough concepts can make the learning process feel more collaborative and less daunting.

5. Tackle the “Monster” Topics Head-On

Every class has those tricky concepts that can feel monstrous to master, whether it’s the Rule Against Perpetuities or Constitutional levels of scrutiny. Make a list of the topics you found most difficult on your midterm and set aside time each week to revisit them. Use practice problems to break these down into manageable parts, and remember that repeated exposure is key to mastering complex material.

6. Craft a Plan and Stick to It

One of the best ways to overcome the ghost of a disappointing midterm is to create a focused study plan leading up to finals. Break down your outline by topic, schedule regular review sessions, and incorporate plenty of practice questions along the way. Stick to your plan with commitment, and you’ll find that each study session helps you gain confidence and clarity.

7. Treat Yourself: Don’t Forget to Reward Your Progress

Improvement takes time and persistence, so don’t wait until finals are over to give yourself a pat on the back. Celebrate small victories along the way—whether it’s mastering a tough concept or hitting your study goals for the week. These little “treats” will keep you motivated as you work toward a stronger finish.

Final Thoughts

Your midterm grade doesn’t define you—it’s simply a snapshot of where you were at that moment in time. Midterms are an opportunity to assess, reflect, and improve. By facing your feedback, adjusting your study habits, and tackling challenging concepts head-on, you’re setting yourself up for finals success. With a fresh plan and the determination to improve, you’re ready to turn those “boos” into well-deserved “woos” come finals season.

Happy Halloween!

(Erica Sylvia, UMass Law)

1L of a Blog Series: Learning from Midterms

Welcome to law school! This is a biweekly series with tips and tricks for success in law school. We’ll cover things like time management, outlining, preparing for exams, and more! Although this series covers skills and tricks that might be new to 1Ls, I hope that every member of the law school community can find something helpful here.

Midterms may still be underway, but you’re going to start getting your results back soon. It’s common for students to be surprised by their results – and not always in a positive way!

First, don’t get discouraged if the grade wasn’t what you expected. You belong in law school, and you can succeed! These were your first law school assessments, meaning you’re still learning what to expect. Students come to law school from many backgrounds, and you may not be used to this type of assessment. Many professors make the midterm a small portion of the overall grade for this precise reason. Now you know what types of questions your professor is likely to ask on the final exam.

Second, don’t be surprised if the uncurved class average is lower than you expect. Law school assessments are hard and, depending on your school’s policy around curving, your professor may write a slightly harder exam so that the curve helps the class. Just because the class average is lower than you might expect doesn’t mean the class isn't learning the material.

So, you have your results. What do you do now?

Regardless of your result, you should review the midterm for substance. Many law school exams are cumulative, so even the material you’ve been tested on during the midterm can make its way onto the final exam. Take advantage of whatever opportunities you have to review the midterm, following your professor’s protocol. For each question you should ask yourself: Did I miss an opportunity to earn more points? Did I get the answer correct by guessing? What facts influenced the outcome? If allowed, take detailed notes on what laws you were expected to apply and where you made mistakes.

Additionally, if your professor publishes a model answer or rubric, use that to your advantage! Analyze the model answer for what rules of law it applied, how it used the fact pattern, and its analytical structure. Compare the model answer to your own and note where you were not as precise. For example, if the model answer's rule statement was "minimum contacts," did you also have that or did you have "some touches"? The rules of law are precise, so you should aim for the same level of detail and precision as shown in the model answer.

Also, don’t hesitate to reach out to your professor or TA to review any pending questions after your initial review. They may be able to provide additional insight into where you went astray and how to improve for the final exam. The professor can also clarify if you don’t fully understand the rubric or sample answer.

Besides diving into the substance, the midterm is also a good time to assess your study habits. Did you spend time outlining, memorizing, and practicing with the material? Each component is a crucial step of knowing the law for your exams, and you may not have put enough time into each before the midterm. Reflect on how you prepared for the midterm exam and how that might have impacted your results. 

Finally, don’t ignore exam-taking strategy. The strategy of how to approach an exam question can often play a key role in your success. When you review your midterms, consider whether you got questions incorrect because you didn’t know the law or because you ran out of time. Or maybe you missed questions because of your reading comprehension under the stress of the exam environment. Exam-taking strategies can have major impacts. Your school’s academic support professionals, TAs, and professor can help you fine tune your strategies.

Ultimately, your midterm exams may not have turned out how you expected, but don’t just set them aside saying “I’ll do better next time!” Instead, take the midterm as a learning experience and use it to identify your next steps. You’ve got this!

(Dayna Smith)

1L of a Blog Series: Outlining for Success

Welcome to law school! This is a biweekly series with tips and tricks for success in law school. We’ll cover things like time management, outlining, preparing for exams, and more! Although this series covers skills and tricks that might be new to 1Ls, I hope that every member of the law school community can find something helpful here.

You’re starting to get the hang of this law school thing! You’ve gotten into a good routine, you’re reading and briefing your cases, and you’re acing your cold calls. Not to throw you off, but you need to add something else: outlining! This blog will address some commonly asked questions about outlining so you can create your outlines with confidence.

What is an outline?

An outline is a study guide you make for each class. Outlines help you understand the overall structure of a course, visualize connections between concepts, and memorize legal rules for your exams. Unless your professor has said otherwise, your primary takeaway from class should be the rules of law. So, your outline should be focused on the rules and how to apply them.

Even though the term “outline” probably brings to mind a lot of Roman numerals, letters, and numbers arranged hierarchically, your class outline can be in any form. Your outline should fit your learning style, and it may be a different format for each of your classes. Sure, some students will use a more “traditional” outline with Roman numerals, but others will use flow charts and mind maps to better visualize the material. Every student’s outline is personalized to their learning style and preferences, so don’t be afraid to get creative.

You may also hear 2Ls and 3Ls talking about attack outlines. As exciting as they sound (outline battles, anyone?), an attack outline simply shows how you will attack exam questions. These may capture how you’ll walk through a giant issue-spotter essay, or they may be for distinct sub-topics. They help organize the steps of analysis for you to memorize then apply during an exam so you do not miss any key points.  

How do I get started?

If you haven’t started outlining yet, it’s time to get on it! The easiest way to start outlining for a class is to look at the syllabus. From the syllabus, you can usually get a sense of the big topics within the course, if not a more detailed look as subtopics within each major heading. Your professor organized the course the way they did for a reason, so start your outline by following their lead!

Then, you should look to your case briefs and class notes to fill in the rules for each topic. Generally speaking, you won’t need to memorize the details of each case you read (defer to your professor on this one!), so you should isolate the rules from each case for your outline. That being said, the cases are valuable for understanding how the rule works, so if examples help you understand, you may want a few memory-jogging facts from each case in your outline. You may also want to include a few key hypotheticals your professor posed in class for the same reason.

Often, the hardest part of outlining is getting started because it can feel overwhelming. Keep in mind that you can (and should) adjust your outlines over time, so if you’re not happy with the structure you chose last week, you can just change it. An outline is a living document that tracks your understanding of the material, so it’s always evolving. If you need advice for getting started, or if you suddenly realize you’re not on the right track, you should reach out to your TA, academic success program, and/or professor for additional guidance.

When do I add material?

Regularly! You should add to your outline for each class at least every other week. You can put your subjects on a rotation so you only have to work on a couple subjects each week. But I would also recommend having some flexibility. It’s helpful to add material once you finish a topic. For instance, when your torts class transitions from battery to negligence, it’s time to add battery to your outline and adding it right away will help you identify and resolve any gaps in understanding.

How do I use my outline?

Your outline is primarily a way to organize the material so you can get a better understanding of the key takeaways of each class. However, your outline is not something you make and set aside. Instead, it evolves as you get a better understanding of the material. So, as you add new material to your outline, you’re also reviewing and refining the stuff that’s already in there. You’ll benefit from your outline by creating it, reviewing it, revising it, memorizing it, and using it to answer practice questions. Ultimately, your outline should become your constant companion for each class.

Use Commercial Outlines with Caution!

I would be remiss if I didn’t at least mention commercially available outlines. As you hopefully gathered from above, outlining is as much about the process as it is the final product. Additionally, commercial outlines aren’t tailored to the class your professor is teaching. They aren’t going to emphasize the same things or phrase rules the same way. Thus, they won’t be as helpful for the exam. So, the takeaway is: You really have to make your own outline.

However, I still find commercial outlines helpful if used effectively. They’re a great place to look to for an alternate explanation of a particularly sticky topic or for clarification of how topics relate. So, your rule of thumb: the commercial outline is a supplement, not a substitute. You must still create your own outlines if you want to fully understand the material for the exam.

 

That’s the scoop on outlining! Hopefully these explanations and tips will help you get started and keep going throughout the semester. Remember, outlining is a personal, ongoing process, so don’t be nervous if your outline isn’t exactly like your classmate’s, as long as you’re keeping up with the material. The only completely incorrect way to outline is not to outline at all!

(Dayna Smith)

Showtime!

 

My neighbor (and fellow ASP'er) in our faculty suite leaves for his classes by clapping his own face and announcing, “Showtime!”  He is quoting a drug-addled playboy from the movie All That Jazz, and we are all old enough to get that reference and find it funny[1]. I think as we move into exams, students are also contemplating these weeks as their “showtime”, but they are more likely channeling the movie Beetlejuice. Why?

1. They may feel like they are haunting us for information. They aren’t-this is information they need, and we should be able to share it with them. They should not have to channel superpowers to be able to move forward on their journey.
2. They are looking to feel powerful in a system intended to render them somewhat powerless. Right about now, I am fielding more questions about the structure of exams than the material they contain. Attempting to game (or find the patterns in) the system is honestly a way of procrastinating while continuing to think you are being productive. Yes, knowing the “enemy” is a strategic tool; knowing the law is better.
3. Students are attempting to help each other through a new situation. And unlike our favorite freelance bio-exorcist who has his own agenda, students are not using their “knowledge” for their own gain. They are truly attempting to guide others. This is heartening in these times.
4. Exam time is chaotic. There isn’t a lot of structure imposed on students’ schedules, but there is a lot to do (see my prior posts on exam plans).  And finally,
5. Fatigue and a lapse in personal hygiene might lead to hair and wardrobe choices similar to those seen above. Exams are exhausting and stress about exams is exhausting. 

The good news is that if you say, “Academic Support” three times, we will come and help you. Well, okay, you would need to be in our direct vicinity to actually summon us this way, but you could email, text, stop by, call-and you would only have to do it once.

(Liz Stillman)

 

[1] Since law professors are so not any of these things really….

Marathon Tuesday

Classes end here later this week[1] and while this date was on the academic calendar for well over a year at this point, this is news to some students. To be fully honest, I was taken by surprise as well. In fact, I was taken by surprise that yesterday was Monday and I should have written and posted this blog entry then. To be fair, there have been many distractions in the past week: protests, Passover, and here in Boston, a marathon coupled with some sports teams getting to the play-offs. It has been a lot.

I have to wonder (because if you know me, you are fully aware that I have never run a marathon and would have no direct experience), if the Boston marathon feels the same way the spring semester does: slow and steady at first, a bit of energy depletion at the 1/3 mark, regained momentum at the half to 2/3 mark, and then a feeling of going uphill[2] with no reserved resources left until you crest that hill and then have even more running to do before it all ends somewhat abruptly. The giant slope slightly after mile 20 of the Boston Marathon is literally called Heartbreak Hill.

Our students are closing in on the foot of Heartbreak Hill today. Exams loom over them and look huge and insurmountable from where they stand. Their race strategy has to change at this point because classes will end and then they need to approach, climb, and get over the exam hill to get to finish line. If there were only one exam our students needed to take, then this would be the point where we distribute the shiny blankets and medals and send them on their sweaty way, but they often have still more exams to take. Too often students prepare for exams as if the one hill were the end of the race, or worse yet as if it were an entire series of Heartbreak Hills. In Boston, there are more than 5 miles to go once you have survived Heartbreak Hill.

I think approaching exams the same way you would approach a marathon might be helpful, so here is what I suggest to students:

1. Have the right equipment: do the case briefing and outlining. Go to class, take notes, go the TA review sessions. Gather your materials and synthesize them. Test some different strategies out early in the semester to see if they can withstand the task.
2. Start training early: do hypos, practice exams, and multiple choice questions early and often. But don’t over train by trying questions that you haven’t covered in class yet, you will strain and panic. Study what you have learned.[3]
3. Be organized in your training: plan out your studying. It may seem like there is a lot of time for studying (hopefully), but unplanned time can be easily squandered. Make to-do lists (not too long), and enjoy the satisfaction of crossing things off of them.
4. Build stamina: by starting to time yourself on answering the training questions about ½ through the semester.
5. Know your route: make an exam plan that is a calendar of what exams you have when and how you plan to prepare for them.
6. Take care of your body and mind; before, during, and after exams. This is not a good time to not feel your best. Eat, sleep, exercise, and breathe.
7. Warm up before you start, and cool down after you finish: otherwise you will be very, very sore the next day. I’ve seen some Boston runners on the Tuesday morning after the marathon wearing their medals but unable to walk down the stairs to the subway. For students this means taking some mental space to enter and exit the exam zone.

Reminding students that exams are not a series of sprints but rather a cohesive marathon of tasks is one way of making sure they look at the big picture and plan ahead. Planning is everything.

(Liz Stillman)

 

[1] Well, law school classes end, but my undergraduate classes go for a week longer. The lack of sync amongst academic calendars just baffles me.

[2] The Boston Marathon Route: https://www.baa.org/races/boston-marathon/enter/course-information

[3] Or think you should have learned but didn’t quite get in class. Not ideal, but it could be foundational material you need to move forward.

Track Work

The “spring” semester is underway here at my school. I say “spring” because anyone who has ever been in Boston in January knows that green leaves, blue skies, and dry sidewalks are a long way off. Recently, I took an involuntary month-long vacation from my normal commute. The train that I have taken to work for many years was shut down for almost all of January for track work. Not running at all. Not going inbound or outbound. Not moving under or over ground-just not at all. So, I had to change my usual routine and take a bus to a different train line and then walk a different route to the law school. As I joked with a Bar Prep buddy, my commute went from an MEE to an MPT in terms of timing. But after four weeks of this new daily odyssey, I suppose I got used to it[1].

Today, I was finally able to take my normal route into work. I thought it would be glorious, but after a month of doing it differently, it was strange and even a little awkward[2]. Even going back to something that is very familiar is still a transition. I might even miss some of the small joys I found in the “new normal.”[3] I thought that this must be how our students feel after taking a month long break from law school and then starting up-except in reverse. I am sure a month away from school with no reading or papers or exams was lovely.

Now that we have started up again, I have been meeting with 1Ls over these past weeks. I am mainly seeing students who did not do as well on exams as they (or we) had hoped. We have spent time trying to determine the reason why things went awry during exams and try to start better habits in the place of the methods that were not effective. Yet, the abrupt jolt back into law school after a month off is not something we have discussed or given much thought.  Even if this is familiar, it is still a transition. And, to make things worse, I am asking students to try different routes to success just when they thought they knew the way after surviving the fall. It is a lot to ask all at once (with the additional stress of non-stellar grades looming).

I think articulating that I am making a big ask at a stressful time might go a long way to developing an honest relationship with students moving forward. I do them no favors by just saying, “it’ll be fine.” I can assure students that there is great relief in plotting a course and making a plan to move forward. I cannot make the train run before the track work is done, but I can help them navigate this detour.

Hopefully, they will extend the same understanding to me when I am cranky that my train is out of service again in late February to early March.

(Liz Stillman)

 

[1] Well, most of it. I did see a fistfight on the bus that was a bit rattling and intense. Physical violence in a small moving space is not something I’d like to grow accustomed to….

[2] Although back to MEE commute times which was glorious indeed.

[3] It was faster train, there were more coffee options on the walk from the station to the law school, and I could walk through Primark on the way in or out if I needed anything….

Diving into Spring...

I spent yesterday at a collegiate swim meet. It was indoors for those of you wondering just how crazy we are in Massachusetts (not quite there yet). I sat with an alum of my son’s team, and as a relative newbie (he’s a freshman), I asked a lot of questions about the etiquette and process of this kind of competition. My son is a walk-on to the team (maybe a dive-in?), and he didn’t swim in high school, so my knowledge of swim meet procedure fossilized somewhere in late middle school. My alum guide was very patient with me (she is planning a demeanor-appropriate career in clinical psychology).

As much as I was excited to see my son (he’s my youngest and college has hit me hard), swim meets are not the most pleasant spectator sport. First of all, it is hot-and humid--I could hear my hair frizzing, the “seats” in the viewing gallery are hard (and without backs), and it is incredibly loud in a space that seems intended to warp and amplify sound. Having spent time underwater in my lifetime, I was surprised at the way coaches were cheering for their swimmers although it seemed like the swimmers would be unable to hear them (as their ears were mostly in the water) or see them (as they had to look straight ahead or at the ceiling for the back strokers). I asked my kind college swim meet guru who was in that position just a few years back if the swimmers could even hear the cheering. She confirmed that you really couldn’t hear it, nor could you really see the folks on the side of the pool jumping up and down and urging you to go faster.

But, every single person on the side or end of the pool was either a current swimmer or coach (who has no doubt had competitive swimming experience) and thus must have known that the swimmers couldn’t hear or see them. To me, this is almost the team sport definition of altruism: cheering for someone who couldn’t see or hear you just because they are your teammate. It is true that everyone wanted to win the swim meet, but each individual swim was neither victory nor loss defining.

In a way, Academic Support folks are the coaches on the side of the pool. As students start to come see us (or are asked to see us) with their fall grades, we will review their performance and coach them on their form, their entry, their turns, their methods between exams (meets), and their finishes.  We will tell them that grades are not defining (and they might not believe us, and they are, sadly, somewhat right about that).

First, we will consider entry. We will go back to beginning of how students handled the competing tasks of the semester and look for cleaner and more efficient ways for them to get into the material. Then we will look at the course of the semester in terms of study methods, outlining, juggling responsibilities, and time (and resource) management. Finally, we will discuss how to push to the finish. We will work towards personal records rather than pure wins.

Getting students to understand that you are on their team in helping them succeed is pivotal in this process. Like college athletes, our students may have had other coaches who taught them differently; or may have been told that they have natural talents that will propel them through challenges. Some students will blame outside circumstances for poor grades-and while this may be true in some circumstances[1]- it is often not  a helpful mindset. Students need to see that there are things that they can control that can be tweaked (or entirely overhauled) in order to perform better. Pools may have warmer or colder water than where you practice, but you can be ready for these issues if you prepare. The issues students have can be input issues like reading, outlining, engagement in class; or output issues like exam writing or multiple choice methods. And we need to remind them that they valuable members of our community/team. Everyone in law school belongs on the team and (this one is not easy to see) we all win when we do our personal best.

In the meantime, I’ll be sweaty and frizzy and yelling my support to all the students who were hoping for better grades whether they see me or not. 

(Liz Stillman)

 

[1] Family emergencies, medical emergencies, mental health, financial issues, disruptions during the exam, and many other things happen-and they can change exam outcomes. However, it is very unlikely, especially in a school (like ours) that uses blind exam grading, that personal animus or even annoyance on the part of faculty is a factor in a final grade.

A Visit from ASP (with apologies to Clement Moore)

‘Twas the night before finals, and all through the house, only a law student was stirring and clicking a mouse[1];

Casebooks were stacked by the monitor with care, in hopes that the answers were hidden in there;

Most people were already snug in beds, while law students crammed adverse possession into their heads;

Professors and TAs were in for the night, knowing that grading was surely in sight;

The morning of exams would soon appear, and students would file into the test rooms with fear;

One last look at a study aid and search for a sign, perhaps one last perusal of their outline;

They’d sit and pray to the study aid masters, and hope to avoid essay question disasters;

Now Glannon, now Dressler, now Prosser and Keaton, On Erwin[2], on Crunchtime, on Answers and Questions[3]

To the top of the class! to the top of the curve!
Now write away! Write away! Write it with verve!;

On the first question, the students would start, to prove what they learned and that they are smart[4]

Working to IRAC each issue they spotted, students strived not to exceed the time they’re allotted;

After the essays they moved on to the multiple choice, reading the calls of the question and remembering their voice;[5]

The questions were tough from the facts to the answers, but they carefully read the qualifiers[6] and enhancers;

After weeks of studying, with no sleep or gym sessions, they were pale, tired, and lacking expression;

They said not a word as the proctors would scold, and worked hard until all of the test time had tolled;

When told to put their pens down, the students complied, they packed up their highlighters and other supplies;

But I heard them exclaim as they fled down the hall,

“So glad that’s it over, I gave it my all.”

Happy whatever-if anything-you celebrate in this season! I hope that your smaller and greater worlds are filled with peace and joy in the new year.

(Liz Stillman)

 

[1] Touchpad really doesn’t rhyme with anything…..

[2] With all due respect to Professor Chemerinsky, I could not find anything that rhymed with Chemerinsky either.

[3] Yes, I know I reversed it, but let’s call it artistic license….

[4] Remember, exams do not actually assess intelligence!!! Poetry is a harsh taskmaster.

[5] Remember, you can be a judge, an advocate, or a scholar on MCQs!!!

[6] With thanks to Ashley Cetnar for her MCQ tips last week!

Final Exams & Multiple-Choice Questions

Final exams are in full swing. I met with a student yesterday who was terrified about their next exam because it’s going to be all multiple-choice questions. So often, students put down their ability to solve multiple-choice problems. I hear things like:

“I’m terrible at multiple-choice problems.”

“I’ll never pass an exam if it’s all multiple-choice questions.”

“I get stuck between two answers and ALWAYS pick the wrong one.”

“I fall for the tricks on multiple-choice exams.”

Here are some tips I share with students for improving on multiple-choice questions.

TOP 10 TIPS FOR MULTIPLE-CHOICE EXAMS:

• No matter how you performed on multiple-choice tests in the past, it’s a new day. If properly prepared, you can answer each question correctly!
• Remember that law school multiple-choice questions usually ask you to apply a rule – not just recognize an answer. This means you should approach them with your legal problem-solving skills. Instead of relying on recognizing the right answer, try to identify the rule the question is asking about. Then, apply that rule to the facts. This will lead you to the correct answer.
• Don’t rush. Don’t get stuck. Figure out how much time you can devote to each question and stick to it.
• Carefully read each question and watch out for qualifiers— these are words like all, always, often, most, least.
• If you have it narrowed down to two responses and can’t decide, treat the answers like a true/false problem. Consider if one is completely true, while one is “only true if…” The correct answer is completely true.  
• Don’t make any assumptions or add any facts to the question that aren’t there. This is sure to lead you astray.
• Is the answer mostly right? Then it’s wrong.
• Trust your gut. It’s usually correct.
• Don’t change answers unless you truly misread the question or have another very good reason. Your first answer is usually the right one.
• Keep track of time.

Bonus tip:

You need to practice multiple-choice problems to improve. As you practice, make sure you keep track of WHY you missed the question. Did you misunderstand the rule? Did you read too fast? Did you misapply the rule? Diagnose why are missing questions and use the tips above to create a strategy. Your scores will improve!

(Ashley Cetnar)

The Problem with Outlines

It’s the last day of classes. There is palpable stress in the air that can only be brought on by the collective dread of law school final exams. This time of year, I always seem to reflect on my own 1L fall exams. I remember a string of late nights spent furiously editing outlines. I can also clearly remember thinking to myself, “I’ll never have time to study if I don’t finish these!” Finally, I realized something was wrong with that picture. Isn’t creating a study tool supposed to help you study?

I felt an unbelievable amount of pressure to make outlines for every class.  But the outline structure made it difficult for me to see the hierarchy of concepts, to synthesize the material (to cut an anecdote about a case felt like torture and a word document is endless anyway), or frankly to even review the material in a meaningful way. My strength in learning comes from my ability to see the big picture and make connections back to that structure. Working systematically on an outline each week, when many law classes are not taught with the big picture in mind, was painful. I was behind on my outlines, not because I wasn’t working hard or was procrastinating – I was behind because the process of outlining didn’t work for me. So, I did the unthinkable. I hit delete on all my outlines.

How did I manage to succeed on my final exams after I pressed delete? I created study tools that helped me see the big picture, synthesize rules, and think about how those rules apply to new scenarios. I made the same study tools I used successfully during my undergraduate career. I called them “concept pages.” They were single sheets of paper, each dedicated to a major concept in a class. They were messy with arrows connecting ideas. They also contained clear, concise rule statements and showed how the rules connected. I could make them quickly. They improved my understanding because they acted as a series of capstones on each major concept. They aren’t for everyone, but they worked for me. And that is my point.

Over the years, when students come to me panicked about the state of their outlines (not started, WAY too long, class notes with roman numerals that mean nothing to them, etc.), or crying because they will never finish their outlines in time to study for exams, I start the same conversation. “What if you tried something else? What type of study tool did you make in college? How do you like to organize material? Flow charts? Tables? Maybe something handwritten and messy?” I have seen many students do better in law school when they stop making outlines and start making something else. What would happen if we supported students to make the study tools that work best for them? If we gave them other options from day one? If we talked about creating study tools instead of using “outlining” as a synonym for law school success?

The best study tool to create is one that best organizes the information. For some topics that might be a short, traditional outline. For other topics, a table or flow chart will work better. We should be flexible about study tools because they need to flex around the subject matter and around individual needs. I’ve stopped telling students to outline. Instead, I ask what type of study tools they are working on and how the tools are working for them. Who’s with me?

(Ashley Cetnar)

Once Around the Park and Home

There are a number of sources of the phrase, "once around the park and home," according to the Urban Dictionary.¹  I prefer to think it comes from an old Tony Bennett song: Please Driver (Once Around the Park Again).² The song is sung from the point of view of a man who has been dumped and is longing for his usual company around the park.  As Bennett says, "The trees tonight are snowy white. We drove around like this till dawn last New Years Eve."³ But let's be clear: driving around a park is a loop, you are not going to get anywhere new driving in circles, but you will take in the view. 

Just now, I met with a student who came in to chat about their (ungraded) property midterm and wanted me to take a look before the peer review occurred in the next property class.  Luckily there was a grading rubric and a copy of the question for me to follow along with-it has been a good long while since I took property. As I looked over what the professor was looking for and what the student had produced, I saw a large gap. The student had essentially spotted the issues and came to a correct (per the rubric) conclusion about each one but had not (with maybe two exceptions) mentioned any law or used the facts they were given to reach the conclusions.  They explained that they were only hoping to get the "correct answer" to each question. I gently pointed out that instead of IRAC, they had used IC-and that was only because I gave them credit for stating an issue because they had resolved it. On the rubric, 2 points were to each I, R, and C per question, but there were 4-6 points assigned for the analysis-and rightfully so.  Based on what I saw, they had scored badly. 

They were adamant that they knew the material. I agreed that it was more an output rather than input issue (putting law in students' heads is a different thing altogether), but unlike undergraduate exams (and ironically more like 7th grade geometry), they needed to show their work. On the one hand, I could see (but not really assume) that the student understood the class because they reached the correct conclusion, however, since all of our 1L exams are graded anonymously, their property professor would just be surprised entering the poor exam grade and could not know whose exam it was until that moment. On the other hand, it would be a shame to get an unsatisfactory grade on the exam despite knowing the material. It was a question of showing the work, contextualizing the conclusions by analyzing fact and law together, and just taking a minute to slow down and admire the scenery of IRAC as a format.

I showed the student the picture below (I took it this morning on the way to a haircut) and asked if they had ever taken a drive to look at the foliage (it is a very New England thing to do) and they said they had. I asked them where did you end up when you did that? What was your final destination? They couldn't recall but agreed that the drive was worthwhile. I made my "teachable moment noise"-which I can only assume is extremely annoying but unavoidable (sorry-not sorry). I told them that this is mainly the idea of law school essay exams:  you need to state the route (issue), take the best road (rule), and look for the reasons you have taken the trip (analysis). And where you end up is not nearly as important as the road you took and what you saw along the way (the good and the bad).  Getting from point A to point B without taking a detour into the rule and analysis is efficient but will leave you at point C (as a grade). 

 

In other words, the "correct answer" is the journey.

(Liz Stillman)

 

 

 

1. Urban Dictionary: Home James
2. 1954 HITS ARCHIVE: Please Driver (Once Around The Park Again) - Tony Bennett - YouTube,
3. Id. I mean who does not love Tony Bennett?

Ten Hours

I had a student ask for an appointment to come in and discuss their study strategies. In the email asking for the appointment, they wanted to know if I had time to meet and discuss their, “dismal (by choice) first-month performance.” Yes, I also read that more than a few times trying to decipher what it meant. I offered them a quick sliver of time that very day to come in and set up a longer appointment on a different day, but to hopefully get something jumpstarted in the interim.

They told me that in the first 4.5 weeks of law school, they had worked for about ten hours. Hmm, I asked, is that ten hours a day (troubling because that seems like too much) or a week (too little)? “Total.” I did not gasp out loud (and I am quite proud of that). I asked them if that included the legal writing assignment that had been due the past week, and they said it did, and in fact, they had spent almost two of those hours on the paper. Another deep breath for me…

I asked a series of follow-ups after that revelation:

1. Are you doing the reading?: Sort-of-I am skimming the cases and then we talk about them in class.
2. Are you taking good notes in class?: Not really-It just makes sense.
3. Have you started outlining?: Outlining what?
4. Are you quizzing yourself after class? No.

They asked me if they were doing it wrong and when I said that it seemed to be the wrong choice, they went on to tell me about their undergraduate career that included a prestigious scholarship given to a handful of exceptional students. They told me their undergraduate GPA and how they never really worked hard at academics. I believe it. They seemed quite intelligent and quick to catch on to things. I took another deep breath and told them that law school was going to come and bite them in the ass (yes, I am a crass girl from the Bronx) if they didn’t do the reading, take notes, do practice questions, and start outlining-like right now.  And, I added that my undergraduate GPA from the very same institution was also pretty good.[1]

I explained the Dunning-Kruger effect to them: “a cognitive bias in which people wrongly overestimate their knowledge or ability in a specific area. This tends to occur because a lack of self-awareness prevents them from accurately assessing their own skills.[2]” I told them that finding out what you don’t know when it counts towards, or even accounts for the entirety of, a grade is risky, particularly in law school. In classes where there is only one assessment, you will have absolutely no idea whether you are doing it right until it is too late.

Here’s the thing though, I am not 100% certain they needed the standard “how to do law school” menu of tasks. This may not be how they learn best, but their current “method” didn’t seem conducive to the 3.0 GPA the student wanted to have by the end of 1L year in order to move into our hybrid JD program and take their final two years online. In all honesty, I was really alarmed at the idea that after this year, they might be totally remote and have no 3-D peer or faculty reminders that they are not doing the same work-either qualitatively or quantitatively until they face the bar. They seemed like an unconventional learner who was very smart and not yet excited by what they were studying. But that is an excuse that flies in 7^th grade, and not before our Academic Standing Committee.

I didn’t sugarcoat my concern with this student. Gentle cajoling wasn’t going to be an effective process here. I straightforwardly laid out the unnecessary risks I believed they were taking and then sent them a series of Outlook meeting invitations to check in on their progress. We’ll see if they come to anything.

In the meantime, this kind of student prompts me to remind my doctrinal faculty colleagues that the old school one high-stakes summative assessment at the end of a semester is going to be the downfall of otherwise smart students. This will weed out students who need to have their ass (gently) handed to them early on in order to light a fire in them to get the work done as well as those who cannot genuinely succeed.  It is widening the net and letting otherwise good students fall through. We will ultimately lose students who will be world-changers this way. Is this coddling? In the first semester of law school, in particular, it is not. If our goal is bar passage, we need to make sure students can accurately self-assess by modeling what that looks like from day 1.

As for this student, while I am not absolutely sure they need to follow the regular path, I am certain that they will find the path they have taken thus far is unlikely to end in the place they hoped. I only hope I was persuasive in making that point.

(Liz Stillman)

 

[1] Normally, I would never, ever do that, but I got the very real sense that my perceived intelligence would be a factor in whether they deemed my admonitions credible.

[2] https://www.psychologytoday.com/us/basics/dunning-kruger-effect

Recalculating

Have you ever used a navigator when you are driving? I am probably the user that navigator designers despise the most: I argue and don’t always listen to their advice--mainly because I do not have complete faith in them. I have a strange feud with one particular navigator that I swear is a trust exercise because it will take me to places I have never been to before (like someone’s backyard it seems), but when I make a mistake (or willfully disregard their advice), they just shut down altogether. I swear mine is just leading me to strange places and seeing if I trust them enough to get me out. I don’t and am thus abandoned.

We have noticed (actually, this has been an issue for a long while) that students are not engaging with our 1L study seminars or office hours. Some seem skeptical about them, and some are surprised to learn that these were even happening despite numerous weekly emails, announcements during orientation, and the billboard we erected near Fenway Park (okay, there was no billboard, but it isn’t a crazy idea…). By the time students come to see us, often they are already in some academic distress and likely behind in some aspect of successful “law studenting.” It is frustrating. We spend a lot of time developing and offering resources and yet students seem to want to follow their own path or are afraid to ask for and accept help.

And they need this help because this is a place they haven’t visited before.

So, we decided to do what my (non-trust exercise) navigator does (at least three times during every excursion) and recalculated. This year we created a “Success Syllabus” for our 1L students and posted it on our Academic Support Canvas page. It takes students through the semester-week by week- and tells them what they should be doing during those weeks to be prepared for exams. I included their legal writing assignment due dates, calendar shifts (Monday schedule on a Tuesday for the win!) as well as any already knowable midterm dates. Basically, it tells students when to begin reading and briefing for classes (right now and all semester), outlining (in a few weeks), and practicing exam questions (a week or two after that). It also refers to outside resource lists that we created for each class 1Ls take based on a conducting a survey of 1L faculty members for their recommended study sources.  We added a bold, underlined caveat that anything their professors say to the contrary should take precedence (we are lawyers).

In the end, the route is pretty simple: Prepare for class, Engage in class, Review after class (by outlining), and Practice for exams (PERP), but gaining students’ trust to follow this itinerary is the hard work ahead. If anyone would like an electronic copy of our Success Syllabus, please email me: [email protected], but only if you believe that I know where I am going with it.

Happy fall semester everyone!

(Liz Stillman)

Come as You Are

You’ve got love this time of year in Massachusetts. Last Thursday, it was around 46 degrees and rainy, and on Saturday, I got sunburnt sitting at my daughter’s college graduation. On Sunday morning, I waited outside for an hour on line to get breakfast at a new bakery that opened in my neighborhood that appears to be “insta famous.”[1] I got on line at around 7:55 a.m. (they open at 8) and it had already stretched around the corner from the storefront. It was a great vantage point for seeing everyone walking by (and their truly adorable dogs) as well as the folks on line. As I waited, here is what I saw: some folks were wearing winter coats or down vests, some were wearing quarter-zip fleeces (yes, it is New England), some were wearing workout gear, some wore shorts, some wore jeans, and some were wearing pajamas. A look down showed me Uggs, sneakers, flip-flops, crocs, and sandals. And yes, someone wearing a winter coat was also wearing shorts and Uggs. Again, it is an insta-worthy kind of place. But it reminded me that there is no objective way to “feel” the weather: how someone feels in terms of comfort and temperature is almost entirely subjective.

In this same way, no student feels the same during exams. A student who has done very well all semester--has outlined, studied, and done practice questions--may be more nervous than I think they should be-and the truth is, my dismissal of their exam anxiety is not going to help. At this point in the semester, I am also weary and my patience (which was never endless) seems to be experiencing some supply chain issues. So, as much as I would like to just tell the student, “you are fine,” I need to hold back my exhausted sighs and listen. I can gently counter with the evidence I have that they will, indeed, be okay.  But my secret is that I always leave students with a task. It is something small-something they will likely excel at- and it is something to do rather than sit and stew in the feelings of being inadequately prepared for the exam. Am I giving them busy work to distract them from a self-destructive mindset? Yes, but I am also having them perform a task that will help them do better on the exam. Sometimes it is a set of multiple choice questions, sometimes it is making a Quizlet or other flashcards, sometimes it is going back and streamlining their outlines to just the headers (in a separate document-no deletions!) and use that to test themselves (added bonus: they can see that the number of possible issues on the exam is fewer than it seems). I have recommended making flow charts and/or tables.

Yet, I am careful. I always tell students that a little bit of exam anxiety is not a terrible thing, but anxiety that feels relentless or leads to mental paralysis is something that requires outside help. If I am really concerned, I will get our more specialized team to check-in with a student (Dean of Students, counselling center etc.). I am very cautious when I am walking in the territory of mental health.

The bottom line is that high-stakes summative assessments cause universal stress. There is no way around that-and for students who are seeing me because they have already hit some academic stumbling blocks, exams are even more fraught. And for students who have had nothing but academic success, the imposter syndrome can be overwhelming (“what if I was just lucky for the first exams?”). I should not be judging how students wear their exam nerves just because of the way I am looking at their forecast. How I feel about their likelihood of success carries some weight for sure, but it is not enough.

For the record, I was wearing a hoodie, shorts, and sandals; and my pistachio croissant was totally worth the wait.

(Liz Stillman)

[1] https://www.instagram.com/lakonparis.patisserie/?hl=en

*Please also remember to sign up for AASE Conference!*

Here is a final notification from our amazing host school colleagues:

We're asking that everyone planning to attend in-person register by May 8 for planning purposes.

Register here:  https://associationofacademicsupporteducators.org/events/2023-10th-annual-aase-conference/  (Make sure you're logged in for member pricing.)

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-Your colleagues at Santa Clara Law

ChatGPT, Assessments, and Cheating: Oh my!

Last week I gave a quiz to my undergraduates: 14 multiple choice questions plus a short answer question. It was an open note, open book quiz. I had an honor affirmation at the start of it for those using their laptops for e-textbooks and notes. And there was still cheating. And I am not surprised that there was, but I was surprised at how it happened.

ChatGPT (and other forms of AI bots) are almost all we are talking about as a faculty these days. A student could very easily use one to answer a question on an exam, or to organize and write a paper, and it is extremely difficult to police. Additionally, at my school, we have recently begun slowly switching our platform from BlackBoard to Canvas-and our pilot version of Canvas does not have any anti-plagiarism software attached to it yet. (I miss SafeAssign.) I have asked the bot to do all my written assignments and have them handy for comparisons (and will add them to my platform’s institutional database when we have the software). But here is the real conundrum for law schools: is there any way to assess students that cannot be hacked at this point other than an old school closed book exam? Not every class can use the OG exam format for assessment.

There are, of course, two sides to the debate here: on the one hand, resourcefulness is a skill that we want students to have. We want them to ask the right questions in order to get answers that solve problems. Using a bot certainly can improve those skills. We do not actually have lawyers that to go into any form of legal employment where they will be given three hours, a water bottle, and a proctor in order to resolve a client’s case. We are not sure that the NextGen bar exam will ask anyone to memorize vast swaths of law anymore either.  So, if there is a resource that can be helpful (and it seems at the moment to be free-ish), why not train students to use it? If we are in front of the use --and behind it as well-- then we can frame the appropriateness of the use and have more control over it.

On the other hand, is this what we want our profession to be? Should we aim to be a group of educated and licensed typists? How can we assess learning about the law separate from learning how to use the legal resources available? In some ways, I suppose we all fear being replaced by machines. It is a common science fiction trope. A computer, however, no matter how sophisticated, may never be able to see the nuances of the human condition that a well-trained attorney can. A bot would probably not make a creative argument for a change in the law since they are limited to the existing law and interpretations of it. Can we teach a bot to think like a lawyer? Probably. Can we teach it to have an off the record conversation with opposing counsel that hammers out a better deal because of something that cannot be said in court? Doubtful. There are unique spaces for human attorneys, even in this brave new world.

I suppose we could always ask ourselves how we would feel if our doctors typed our symptoms into a computer and then used what was spit back as a basis for treating us. I’m not sure I would still need a doctor to do that for me. I could also game the system by avoiding telling it about things where the answer they give might frighten me. I could, in short, lie to the bot and get the answer I wanted if I asked it often enough and changed the variables I share. My doctor sees through my bullshit-and that is why I trust her. She knows that I am more than the sum of my parts. Perhaps this gestalt is why human lawyers will always be superior.

In all honesty, I am not sure what the answer is here-there has to be a balance and there also has to be some nimbleness on the part of law schools in finding it-and soon. In the meantime, I keep telling students that I am assessing their knowledge of what we discuss in class rather than their ability to look it up. And that is what I told the student who copied their short answer on the quiz (verbatim) from the textbook. I wasn't expecting outright handwritten plagiarism. I guess we still need to be vigilant at all levels of technology. I told the student that I enjoyed pg. 104 of our textbook as much as they did (which is why it was assigned), but just being able to identify these words as correct is not the same as understanding why they are correct. Parrots may make lovely pets, but they do not make good lawyers.

(Liz Stillman)