Thursday, March 18, 2021
It might seem a bit late in the learning curve. To welcome our students, again, to class.
But, I suppose I'm in a habit of doing so because each class I start with an enthusiastic "Welcome!"
Nevertheless, do I, do we, really mean that? Do we really "welcome" our students? And, if so, what do we mean and how do we go about "welcoming" our students?
It seems to me that the word "welcome" suggests something like "being present to embrace my students, coming along side them to create a place of graciousness wellness."
So, taking the inspiration from a presentation by Prof. Katie Jones (Lincoln Memorial University) about how to incorporate online corporate drafting exercises in law school spaces, I tried my hand at a very brief mini-exercise with the goal of helping my students welcome each other.
As Prof. Katie Jones explained, the first step was to craft a discussion question requiring group responses. Dividing the class into 12 to 20 small groups of students (and using google docs), the students - working in teams - drafted answers to the following question:
"What are three things that you share in common with your group outside of law school and legal education?"
Hard at work, the groups came up with lists, often times with more than 3 things shared.
Back together as a whole, I asked one group to share what they had learned about their group. The lists were fascinating, welcoming, and embracing, even if some of the things that they shared were things such as "We are all so fully spent and exhausted."
In short, they learned, at least a bit, that they weren't alone.
I next asked the group of students to share how they had learned the things that they shared in common.
That's where it got really interesting because the key to learning about group members was in asking questions, lots of questions, sometimes questions that led to dead ends and then other questions that led to sparks of commonness.
The questions required curiosity and creativity and openness. As they questioned, they learned. In fact, as one of my students at the end of class responded to the question from me about what they had all learned today, the student remarked that she learned that "asking questions is a form of learning."
How true! How well said!
So, rather than having students read research articles about how to learn to learn, you might try this simple exercise, courtesy of Prof. Kate Jones, in exploring in real-time how to learn. After all, sometimes the best lessons - the lasting lessons - come from within. (Scott Johns - University of Denver).
P.S. Asking questions, being curious, and engaging in creativity seem like the same tools that can make law school learning bloom.
Thursday, March 4, 2021
I just read an article suggesting that learning to learn is the latest fad in higher education. Something that will pass, sooner or later, much like the buzz a few years back about learning styles. I'm not so sure.
Now I do have my doubts about the efficacy of lectures featuring talking-head presentations about how to learn to learn. That doesn't seem like learning how to learn. Rather, that seems like a good way, especially on zoom, to lull a class into a nice dreamlike state of slumber.
But, I've shown a few of the charts from the research reports to my students. When I show graphs to my students, I don't' talk. I wait. I wait some more. And I ask them what they see. I ask them what they learn from that chart about learning. I ask them how they might apply what they are learning to their academic work as law students. In other words, I have them act and create something personal from what they are witnessing so that what they are learning becomes part of them, becomes true to them.
So is learning to learn the latest craze? I can't say for sure. But it sure seems to be helping my students develop confidence in actively learning and diving into their studies, not as students, but as learners instead. And that's something to say, fad or no fad. (Scott Johns).
You've heard the quip about "the chicken or the egg, which comes first?"
Well, as the joke goes, "I've just ordered one of each from Amazon, so I let you know tomorrow!"
That got me thinking about memorization.
My students are really concerned about memorization, particularly because most of their law school exams, unlike bar exams, are open book/open note exams. But take a look at the word "memorization." That's a word of action, of a process, of recalling something previously learned. In other words, at its root core the word "memorization" derives from creating "memories." So how do you create memories when it comes to learning rules of law?
Or, to ask it another way, which comes first, memorization or memories?
Well, I think that the answer to that question is in the question because it's memories that we memorize. So the key to memorizing is to work through lots of problems, to test yourself with your study tools, in short, to create lots of memories with the rules. You see, memorization is just a fancy word for the process of experiencing memories through distributed and mixed practice over time. So, instead of worrying about memorization, make a memory (and lots of them). (Scott Johns).
Thursday, February 25, 2021
Sometimes I wonder if being a teacher is a bit of an act. If so, or at least if that's how I am playing my role in academic support, I might not be doing it quite right. I might not be really serving my students but myself instead.
You see, I love to be seen. In fact, when working with students, I find myself too often trying to mold them to think like me, to work through problems like me, to learn like me. In short, to watch me. But, that's a big problem because none of them - not one - is like me. We are all remarkably and marvelous and wonderfully different.
That means that my job is really not to be seen but to see, to observe, to listen, and to respond to my students. In short, I'm not the star; they are. And that makes a world of difference in how I approach academic support as a teacher, a coach, a facilitator, a mentor, and an encourager.
To put an emphasis on it, if I am only wanting to be seen, then I'm falling up short in my obligations to my students as an academic support professional. But if I am seeing them, like much in life, that's the beginning of understanding, learning, and growth, for my students and for myself.
Let's make this honest. Too often I do all of the talking, teaching, and coaching that I end up crowding out much of the learning.
To be frank, that's because I have "relationship" issues. I'm not confident enough in my abilities to actually help them, to listen to them, to respond with them.
But, as many have pointed out, the best solutions for overcoming learning difficulties come from within not without. So, as I move forward in my role as an academic support professional, I find myself trying to move a little out of the way so that my students can take center stage.
After all, it's for them that I serve. It's for them that we serve. (Scott Johns).
Thursday, January 28, 2021
I sometimes think that those who fall behind were left behind.
That might be particularly true in legal education.
Learning well is also about being well, about finding a place within the community of learners to belong, about developing the confidence that one has what it takes to thrive in law school. And there's research to bear this out, especially with respect to bar exam performance.
According to researchers on successful mindset interventions for bar takers:
"As Mindsets in Legal Education (MILE) researchers, we designed, administered, and evaluated the online productive mindset intervention referred to as the California Bar Exam Strategies and Stories Program (the program). In partnership with the State Bar of California (SBC), we streamlined and simplified the enrollment process while improving participation on the July 2018 and July 2019 California bar exams.
Proven Effectiveness: Working closely with the SBC, we conducted a preliminary analysis of the program in January 2020. The results suggest that the program increases the likelihood of passing the bar exam, after controlling for LSAT and GPA, by between 6.8 to 9.6 percent, depending on the analysis conducted.
Boost for First-Generation and Underrepresented Minority Students: The program particularly helped applicants who were first-gen college students and underrepresented minorities, according to our analyses.
Reductions in Psychological Friction: Our analyses suggest that the productive mindset intervention succeeded by reducing psychological friction. Among applicants studying for the exam, it fostered stress-is-enhancing and growth mindsets that helped them succeed in the face of stress, anxiety, and mistakes."
Too often, I think that the law school experience is filled with needless "psychological friction." That was certainly true of my law school experience.
As one turning forty in law school, I spent most of my time alone, worried about how to keep up, worried about being called on in classes, worried about being shown up to be an imposer, utterly unsuitable for the practice of law. Because of that experience, which still bites into my heart, I find myself often wondering what my students are facing, especially in the midst of this on-going pandemic.
Rather than wondering, perhaps I should ask? Perhaps I should listen more? Perhaps I should...
It's really up to us to help our students not fall behind by being left behind. That's a tremendous challenge...and responsibility...for us as legal educators. (Scott Johns).
Thursday, January 14, 2021
I just got out of class. An online zoom class, not surprisingly. But, in reflection of the first class, I had a bit of a surprise. I did a whole lot of talking and talking and then, even more, talking. You see, I took a glance at the audio transcript file. And it was quite an eye-popper.
I did most of the talking, which means that my students did very little.
It makes me wonder whether I left enough time in the midst of my words for my students to learn. I once heard a brilliant teacher say something to the effect that "the less that I talk the more that they [my students] learn."
Of course, as the saying goes, the "proof is in the pudding."
Which leads to my next surprise. I try to end classes with asking students one thing that they learned along with one thing that they didn't understand. Well as you might expect, I didn't leave enough time for the last question because, you guessed it, I spent too much time talking.
But, in response to the first question, what they learned, well, they learned about what I liked (snickers!) and where I ate lunch on the first day of the bar exam (the liquor store since I forgot my lunch), etc. In other words, it seems like they learned a great deal about me but perhaps not as much about bar preparation, which is the subject of our course.
Lesson learned, especially for online teaching...speak less and listen more. In short, trust them to learn by learning together, as a team, rather than just trying to pound information into their heads. I sure learned a lot today. Next class...my students are going to learn plenty too! (Scott Johns)
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).
Thursday, October 1, 2020
I had a chance to spend a bit of today on the hiking trails. The forests are alive, the colors vibrant, as the winds tickle the aspen trees with the cooling approach of autumn skies.
Despite the majesty of the landscape, I spent much of the time out-of-breathe, which gave me a chance to pause. It was in the moments of rest when I saw much more than as I hiked, as my senses took in the environs, with my ears perked up with every little rustle in the leaves. It seemed as if everywhere I turned there was life on the move preparing for winter's homecoming. I was amazed, though, that the chipmunks, birds, and squirrels didn't seem to rush about their business. Instead, the animals of the forest seemed to work steadily but methodically, unhurried, as they prepared their stores of nuts and harvest foods for the winter darkness.
To my surprise, there might be something that we can learn about learning from observations of the forest animals.
According to a recent research article, the fast-paced speed of typing might not be as beneficial as the slower-paced steadiness of handwriting in enhancing learning and memory. As stated by one of the authors Prof. Van Der Meer:
"The use of pen and paper gives the brain more 'hooks' to hang your memories on. Writing by hand creates much more activity in the sensorimotor parts of the brain. A lot of senses are activated by pressing the pen on paper, seeing the letters you write and hearing the sound you make while writing. These sense experiences create contact between different parts of the brain and open the brain up for learning. We both learn better and remember better." https://medicalxpress.com/news/2020-10-kids-smarter.html.
Practically speaking, Prof. Van Der Meer suggests writing essays via typing (i.e., exam answers) but taking notes via handwriting:
"The intricate hand movements and the shaping of letters are beneficial in several ways. If you use a keyboard, you use the same movement for each letter. Writing by hand requires control of your fine motor skills and senses. It's important to put the brain in a learning state as often as possible. I would use a keyboard to write an essay, but I'd take notes by hand during a lecture." Id.
For more information: Eva Ose Askvik et al., The Importance of Cursive Handwriting Over Typewriting for Learning in the Classroom: A High-Density EEG Study of 12-Year-Old Children and Young Adults, Frontiers in Psychology (2020). DOI: 10.3389/fpsyg.2020.01810
Thursday, September 10, 2020
First Year Law Students:
It's not too early (or too late) to start creating your own personal handy-dandy study tools.
But, you ask, how?
Well, here's a suggestion for creating your study tools from scratch in just 6 easy steps!
But first, let's lay the groundwork.
Why should you create a study tool especially with so many other tasks at hand that demand your attention in law school?
There are at least two reasons.
First, the process of creating your own study tool creates a sort of "mental harness" for your thoughts. It serves to bring you back to the big picture of what you have been studying the past few weeks or so. And, that's important because your final exams are going to ask you to ponder through and problem-solve hypothetical legal problems based on the readings, conversations, and your own post-class thoughts that you can bring to bear on the subject.
Second, the process of creating your own study tool develops your abilities to synthesize, analogize, and solve problems….skills that YOU will be demonstrating on your final exams (and in your future practice of law too). In essence, your study tools are an organized collection of pre-written, organized answers in preparation for tackling the hypothetical problems that your professor might ask on your final exam.
So, let's set out the 6 steps:
1. Grab Your Personal Study Tool Kit Support Team!
That means surrounding yourself with your casebook, your class syllabus, and your class notes. They are your "team members" to work with you to help you create your own personal study tool. Here's a tip: Pay particular attention to the topics in the table of contents and your syllabus. The casebook authors and your professors are giving you an organizational tool that you can use to build your own study tool. And, in a pinch, which I have often found myself in, I make a copy of the table of contents, blow it up a bit, and then annotate it with the steps below. Voila!
2. Create the Big Picture Skeleton for Your Study Tool!
That's right. It might look like a skeleton. Not pretty at all. That's okay. Remember, it's in the process of creating your study tool that leads to learning. So, relax and enjoy the mess. My outlines were always, well, miserable, at least from the point of view of others. But, because I created them, they were just perfect for my own personal use. Here's a tip: Use the table of contents and class syllabus to insert the big picture topics and sub-topics into your study tool.
3. Insert the Rules!
Be bold. Be daring. Be adventuresome. If you see something that looks like a rule, whether from a statute or from a common law principle, for example, such as "all contracts require an offer, acceptance, and consideration," just put it into your study tool. Bravo!
4. Break-up the Rules into Elements (i.e., Sections).
Most rules have multiple-parts. So, for example, using the rule stated above for the three requirements to create a contract, there are three (3) requirements! (1) Offer; (2) Acceptance; and, (3) Consideration. Over the course of the term, you will have read plenty of cases about each of those three requirements, so give the requirements "breathing room" by giving each requirement its own "holding" place in your study tool or outlines.
5. Insert Case Blurbs, Hypos, and Public Policy Reasons!
Within each section for a legal element or requirement, make a brief insertion of the cases, then next the hypothetical problems that were posed in your classes, and finally, any public policy reasons that might support (or defeat) the purpose of the legal element or requirement. Here's a tip: A "case blurb" is just that…a quick blurb containing a brief phrase about the material facts (to help you recall the case) and a short sentence or two that summarizes that holding (decision) of the court and it's rationale or motive in reaching that decision. Try to use the word "because" in your case blurb…because….that forces you to get to the heart of the principle behind that particular case that you are inserting into your study tool.
6. Take Your Study Tool for a Test Flight!
Yes, you might crash. In fact, if you are like me, you will crash! But, just grab hold of some old hypothetical problems or final exam questions and - this is important - see if you can outline and write out a sample answer using your study tool. Then, just refine your study tool based on what your learned by using your study tool to test fly another old practice exam question or two. Not sure where to find practice problems? Well, first check with your professor and library for copies of old final exams. Second, check out this site containing old bar exam questions organized by subject matter:
Finally, let me make set the record straight. You don't have to make an outline as your study tool. Rather, your study tool can be an outline…or a flowchart…or a set of flashcards. And there's more great news. There are no perfect study tools, so feel free to experiment. Indeed, what's important is that it is YOUR study tool that YOU built from YOUR own handiwork. So feel free to let your artistic creative side flow as you make your study tools.
Thursday, August 27, 2020
Thursday, June 25, 2020
Hat Tip to Adjunct Prof. Alan Blakley....
In light of the ongoing pandemic, here's a free online program created by Harvard Law School for possible consideration and/or adoption by law schools as we move towards the fall start for entering law students. According to the introductory video, Zero-L is a free online program focused on helping entering law students develop confidence and competence in thinking like law students: https://online.law.harvard.edu. Specifically, Zero-L indicates that it is designed as an "onramp" for law school students, regardless of background and experience. For more details, please see the syllabus, available at the following link: https://online.law.harvard.edu/Zero-L_HLS_Course_Syllabus.pdf.
Thursday, March 19, 2020
Some people wonder if "e-learning" is real. I poked around the internet and it looks like there are plenty of studies on both sides of the coin.
But I have to say from firsthand personal experience that I know that e-learning is real...and that it works. Here's the details (but please don't tell anyone because I'm embarrassed to tell the story):
Prior to my start in academic support, as a practicing attorney, I had a video-conference hearing in a courtroom in Colorado. I liked to be in the courtroom early, so, as I sat in the courtroom awaiting the judge, I noticed that the opposing party and her counsel were not present.
At that point, the judge came in, and, with the hearing set to momentarily start, the judge asked the courtroom clerk on the video-conference to go out and look for the opposing party and counsel. Before waiting for the clerk's response, I bolted upright and blurted out loud, "I'll go look for them. They might just be in the waiting room."
At that, the judge remarked: "Mr. Johns, you do know that Salt Lake City is a good 500 miles away from Denver, and that, while appreciating your willingness to help today, it might just be a touch too much to drive to the courthouse in Utah before the close of today's court session."
We all had a good chuckle, and I was mighty glad that no one but the judge (and the courtroom clerks in Denver and Salt Lake City) knew about my impulsive offer to leap to help.
Here's what I learned.
You see, even though we were having a video-conference courtroom hearing, it was as real as life to me. So real that I completely forgot about the geographical expanse - not to mention the massive Rocky Mountain ranges - that separated me from the opposing party and counsel on the other side of the case.
So is "e-learning" real learning?
Well, it sure can be. But it all depends on our willingness to perceive it as such, to make it work as well or even better than in-person learning, to actually be in the moment relating with our students in order to reach them wherever they are.
In my opinion, learning is a relational social experience. But, that doesn't mean that we need to be physically present in the same classroom with our students. Indeed, as I learned through my experience in "online" litigation, what happens online can be just as powerful as what happens in the presence of each other.
P.S. Please keep this story just between you and me!
P.S.S. Still doubting the efficacy of e-learning? Here's a quick blurb from a Penn State blog about one student's perspective on using zoom this week:
"Someone in my bio class with more than 300 students accidentally started talking about the professor, not realizing her microphone was on, so that made things a bit awkward. The chat feature is enjoyable. I have seen conversations ranging from Jesus to nicotine. I also received an email from my English professor reminding us to wear clothes. Of course Zoom isn’t ideal, but it is pretty effective given the circumstances." C. Nersten, Reviews: Zoom Classes, Onward State Blog, https://onwardstate.com/2020/03/17/os-reviews-zoom-classes/
...Reading between the lines, e-learning can be very effective, but it takes careful planning and curating by us, just like regular classes do...
Monday, March 9, 2020
Overconfidence has become a new norm in legal education. More and more students are entering and graduating from law schools with self-perceptions that exceed their proven competencies. We cannot know whether law school attracts overconfidence or breeds it, but studies show that overconfident personality types abound in law schools. Productive overconfidence can yield high rewards through the generation of a “can-do” mindset. This type of benign overconfidence prompts a scholar to submit a paper proposal and commit to presenting at a conference or symposium before completing a substantial draft of the work. This rather common phenomenon allows us to believe, based on past successes or purely aspirational hopes, that the commitment to deliver by a stated deadline will force our hand to keyboard to produce the committed work.
However, it is the malignant overconfidence that has seemingly become pandemic in the law school environment. The overconfident student archetype personifies a counterproductive level of self-assuredness that presents a challenge to law school faculty, those manning academic intervention programs, and the professional development and career services teams. The overconfident student has a distorted self-perception that internalizes affirmation, from any source, and dismisses constructive criticism. If ever forced to reckon with a shortcoming, the overconfident student code shifts it to an endearing quirk.
The risk to students in this archetype is that their overconfidence prevents them from seeing anything inconsistent with their self-perceptions. The overconfident student views success as any score above rock bottom. Because failure and poor performance will be attributed to teacher error or incompetence and to hyper-competitive student peers, low formative grades and below-mean performance will not register as warning signs for potential failure.
We all face overconfidence in the law school environment. And we can all play a role to combat the failure risks that it carries. First, we can and should set degree advising goals for students who exhibit counterproductive overconfidence. From ASP to Career Services to doctrinal office hours, we can identify GPA means for internships or clerkships in the student’s field of interest. We can present statistics that show bar passage results based on LGPA and class quartile ranking, and comparatively identify where the student is trending. We can demonstrate through alumni testimonials or raw data (if collected and maintained) the added difficulty of learning bar tested content through self-study or bar review instead of taking bar subjects while in law school. This type of blunt force mathematical trauma may be the only thing that resonates with the overconfident student type, because it presents facts and raw data that cannot be dismissed as assumption or overcome with misplaced self-assuredness.
*Excerpted from Academic Archetypes, a work in progress by Marsha Griggs, Associate Professor, Washburn School of Law.
 Jonathan F. Schulz, and Christian Thoni, Overconfidence and Career Choice, PLoS ONE 11(1): e0145126. doi:10.1371 (2016).
Thursday, February 27, 2020
I love youth activities because they start out so spirited, often with a riddle, a challenge, or a song.
Recently, I realized that my some of the difficulties that students face is that they can easily avoid the obvious. That's because many students often lack confidence that they actually belong in law school, seeing themselves as imposters.
In working with children, youth leaders understand that the sense of inadequacy is omnipresent, especially with middle schoolers. So, in order to help build community and break down barriers to learning, leaders often start youth meetings with some adventurous fun. Call it team building if you want.
As academic support professionals, perhaps it might be helpful for us, likewise, to kick off workshops and classes with an "ice-breaker" of sorts because, let's face it, law school can share many of the insecurities of teenage life. So, below, is an exercise that might help your students relate to each other, laugh a bit, and learn perhaps even a little too.
As background, this week, most of my students missed a relatively easy essay issue dealing with consideration, even though it was right under their noses. That's because we really do often believe that we aren't smart enough to solve the problem or that they must be tricking us. But, sometimes the answer is right in front of us, if we just take the time to ponder it a bit. Nevertheless, we are often in a rush, because of time pressures, to start working on the problem at hand before we even understand the problem at hand.
With that background in mind, let your students know that you'd like to take a breather, and oh, let's say, work on a math problem for a moment. Not one that is too difficult, mind you. Just one from back from the days when you were taking algebra.
Then, scribble on the board: "Find x." Follow that with the equation: y = 2x/3 + 25. Then let them have at it. Oh, and make sure that they know that they are free to work in groups, after all, its a math problem!
At this point, a few engineers and scientists will be plugging away but most students will be frantically trying to figure out: "How do we solve for x?"
But note the "call" of the question. It's not to "solve" for x but rather to "find" x. And, just like that, one of your students will scream out I've got it! I've found x! That's when you ask the student to come to the board, with a marker in hand, and explain what they came up with. Watch with amazement as the student circles on the board where x is!
Back to my essay problem involving consideration. Based on a past bar exam essay, the problem involved a person who immediately risked her life to save a dog from a burning house. After the dog was rescued, a conversation ensued between the rescuer and the dog's owner with the owner learning that the rescuer wanted to go to paramedic school but couldn't afford it (no contract yet!). That's when things got exciting. The owner promised that she would pay for paramedic schooling because she wanted to "compensate" the rescuer for his heroism in rescuing her dog. Well, as things go on bar exam problems, the owner didn't pay and the rescuer, who was denied admission to the paramedic school, pursued a different line of education.
Most students explored lots of issues, including offer, acceptance, statute of frauds, mistake, conditions, anticipatory repudiation, and you name it. But, the key was in writing the issue: "The issue is whether the rescuer has any contract claims when the owner promised to pay for paramedic school to compensate the rescuer for a past act of heroism." In a nutshell, there was an issue concerning whether there was consideration based on the pre-existing duty rule and there was an issue concerning whether, assuming no consideration, whether the promise could be enforced under the material benefit rule and/or promissory estoppel. That was it. Once the students saw the answer, they then saw the facts that triggered that answer, and it all came down to writing the issue statement.
That's when I brought out the math problem below. Using this challenge, students were reminded that it's important to ask the right questions in order to get the right answers. And, in order to ask the right questions, we have to take time, before we write, to think. It was one of the most memorable learning exercises of all for my students because they all knew the rules of consideration and promissory estoppel but in their haste to solve the problem...they missed the problem. Love to have your thoughts on how the "Find x" exercise goes with your students! (Scott Johns)
Thursday, February 20, 2020
We've been told that seeing is believing but I suspect that most of us don't really think that's quite true, at least when it comes to our own cognitive biases.
After all, we are trained attorneys, steeped in expertise in evaluating evidence carefully and thoughtfully. We don't rush into conclusions. We sort, we deduce, we reflect. At least that's what I used to think...until I got caught by one of my own students.
Here's what happened.
We were talking about cognition, and one of my students - a former teacher - asked me if I wouldn't mind taking part in a little experiment about thinking - a mathematics experiment. I was so excited because I'm a mathematician by professional training. I was ready for the test, or so I thought.
Step by step, my student became my teacher, asking me the following questions in front of about 90 of my students:
Prof. Johns, what's 1000 + 1000? Good.
Now, add 50. Good.
Now, add 40. Perfect.
Now, add 10.
What's that give you? ______.
I blurted out, as proudly and as loudly as I could...3000...and I was completely wrong and utterly embarrassed (since the correct answer is 2100).
Here's what happened: My thinking got in my way because I wasn't really thinking but acting like I was thinking, which is what I think cognitive bias might come down to.
Try this out with your own students. Ask them to work through this little math problem, out loud, one calculation at a time, as a class.
[Note: At first, few will participate by calculating answers, after all, because most are scared of math, so start the whole problem over until all are participating by speaking - out loud - the answers to each step of the math problem.]
What's 1000 plus 1000? _____
Plut 50? ______
Plus 40? ______
Plus 10? ______
Most, just like me, will blurt out 3000. And that's a problem - as attorneys and as law students - because that means that the first impulses of our minds are often wrong, whether we are working through multiple-choice questions, sketching out possible issues as we read through an essay question, or probing problems that we might need to address to help our clients.
So if you have a chance to try out this little experiment with your students, please let me know what you learn. And, let me know what your students say that they've learned from this experiment. If your students are at all like me, this little experiment will not just open up their minds but also their eyes too. And that's something worth seeing.
Thursday, February 13, 2020
Let me ask you a couple of questions posed by a recent article (illustrating how easily our minds can mislead us). M. Statman, Mental Mistakes, WSJ (Feb 9, 2020).
First, do you consider yourself an above average driver?
Second, do you consider yourself an above average juggler?
Most of us answer the first question: "Yes, of course I'm an above average driver." In contrast, most of us answer the second question: "No, absolutely not. Why, I can't even juggle so I'm definitely below average." But context matters in determining whether our answers to these questions are accurate. Id.
Let me explain.
Take driving. Most of us think that we are at least average drivers (and most likely above average) because we drove today and didn't (hopefully) have an accident. But most drivers are just like us. They didn't have accidents either. Id. Consequently, at least half of us have to be below average and the other half above average. And, because we haven't yet explored any factual evidence in order to accurately gauge our driving abilities (such as accident records, traffic tickets, etc), we are often mistaken about our driving abilities.
Now let's take juggling. Most of us can't juggle at all, and, because that includes virtually all people, we are probably at least average jugglers (and maybe even better than average jugglers!). Id. You see, evidence matters in judging accurately. Id.
Likewise, with respect to learning, most of us think that we are at least above average with respect to easy tasks (like driving) but below average with respect to the hard tasks of learning (like juggling). However, without concrete facts to evaluate our learning, we are likely wrong. And that's a problem because if we don't know what we know and what we need to know we can't improve our learning...at all. Indeed, that's why learning can be so difficult. We tend to get stuck within our minds, our own framework, seeing what we want to see rather than what is really true about our learning.
So, as you evaluate your own learning, step back. Ask yourself how do I know what I think I know. Challenge yourself to see from the perspective of others so that you don't miss out on wonderful opportunities to improve your learning. Be honest but not harsh. Focus on identifying ways to improve.
If you're not sure how to go about self-reflective learning, here's a quick suggestion:
Take for example an essay answer that you've written.
First, find, identify, and explain one thing that in your writing that is outstanding (and why).
Second, find, identify, and explain one way to improve your writing (and why that would be beneficial).
Indeed, towards the end of most meetings with students, rather than telling my students to do "this or that," I ask them to tell me what they've learned about themselves from talking together and what can they do to improve their own learning. And, I don't stop with just one answer. I keep on asking until we have at last three concrete action items, all of which sprung out from them rather than me. That's because the most memorable learning happens in "aha" moments, when we see what we didn't see before. And, after all, isn't that the essence of learning...seeing anew with free eyes to boot.
Thursday, January 30, 2020
Time is so precious. That's why I love elevators. Not because I like to wait. Indeed where I teach the elevators are as slow as molasses, which means, that I have a captive audience (especially because our elevators don't have music to calm the nerves).
That got me thinking. Why not make the most of the situation at hand? After all, we live and work and move in learning communities. So, here's a few suggestions to turn elevator rides into more "elevating experiences" to help celebrate community and learning.
First, smile. Yep, you might even make eye contact too. This is not the time to be bashful.
Second, recognize the other. Resist the tendency to pretend to be too busy for relationships by looking down at your smart phone, or up at the flashing numbers, or at the floor. After all, we are communities of learning, so extend a hearty hello to each one (and a gracious goodbye as people depart).
Third, introduce yourself if you haven't met. "Hi! I'm Scott Johns, one of your faculty members."
Fourth, ask questions such as: "What's something you're learning today?" What's your favorite class (and why?)? "What type of law are you interested in practicing?
You see, elevators can be elevating experiences...if only we take the time to be with each other. And who knows, you might make someone's day because most of us - if truth be known - go through much of life unrecognizable by others, just hoping to be known. But elevators are no place to be alone (nor is law school or life either).
So here's seeing (and chatting) with you on the elevator soon!
Thursday, January 16, 2020
They say a picture is worth a thousand words. So picture a triangle: One way to think about learning is to contemplate the three "angles" of learning.
At the apex of the triangle - from the viewpoint of most students - law school education is all about learning to think, act, and communicate like an attorney.
But that begs the question. What is learning?
Well, in my opinion there are two others corners to the triangle, and those - I believe - are the wellsprings or foundations for successful learning. And, as many have suggested, they often go overlooked in our haste to teach students to "think like attorneys."
Let me explain what I see as the other two corners that make a "well-rounded" triangle so that our students can effectively learn to think, act, and communicate like attorneys.
One of the corners involves applying the science of learning - the lessons learned from educational psychologists as how best to learn. And, as the scientists suggest, its often counter-intuitive to our own notions of how we best learn: To cut to the chase, less talk and more action, by having our students engage in pre-testing, practice testing, distributed practice, retrieval practice, and interleaving practice throughout the semester, is foundational to long-term meaningful learning.
The other corner, it seems to me, involves the interplay of the heart, the soul, and the mind. It's the psychological-social dimensions of what best equips us and our students to engage in optimal learning practices. Some emphasize academic tenacity or grit. But, in my opinion, this corner of the triangle rises (or falls) on whether we are developing within our students a sense of place, of belonging, as valuable members of our learning communities. You see, it's very difficult to have grit when we feel out of place, like we don't belong. But focus on equipping our students to belong...and tenacity will soon follow suit.
Lately, thanks to the work of many in the academic support field in teaching me about the interrelationships among (1) the skills of lawyering, (2) the science of learning, and (3) the psychological-social dimensions of learning, I've been regularly integrating, emphasizing, and sharing research about learning straight from the "scientists" mouths.
Here's two of my favorite articles, filled with colorful and vibrant charts and tables, which I flash onto the classroom screens (and then have my students ponder, decipher, and explain as to how they can best learn to "think like lawyers" based on the latest research):
And, if you want to make the most of this little blog, grab a piece of paper, close your computer, and draw a nifty picture of a triangle (with annotations as you try to recall as much as you can about what you learned).
Happy Learning to you and your students!
Thursday, January 9, 2020
In my experience, very few law students take advantage of exam reviews...and, when they do (or must because of law school requirements), they often leave my office unchanged, defensive, and feeling as though grades are mostly arbitrary.
That got me thinking...
I'm convinced that there must be a better way - a much better way - for students to meaningfully review exams.
So, with that in mind, here's my 3-step suggestion for conducting exam reviews.
1. First, ask students to mark up their exam answers as if they are grading their answers, using the exam keys or model answers provided by their professors.
2. Second, for each point in which a student misses an issue, a rule, or a fact analysis, etc., have the student go back to the exam question and highlight to identify where there were clues in the question that that issue was at play, or that rule was applicable, or those facts were meaningful to analyze.
3. Finally (and this is the hardest part for me), say nothing. Make no declarative statements at all. And, definitely make no suggestions at all.
Instead, ask the student open-ended questions, such as: "Looking back at the exam question now, what might have helped you realize at the time that you were taking the exam that that was an issue, etc." Then wait. Again say absolutely nothing. Let the student investigate, reflect, and ponder what the student saw and didn't see in the exam problem and what was missing from the student's rule statements or fact analysis, etc.
Then, put them in the pilot's seat by asking them questions such as: "Why do you think that you missed that issue or didn't have that rule in your answer or missed analyzing those facts, etc.?" As they talk, let the students be the experts. In fact, treat them as the expert by carefully jotting down notes as I listen to them.
At last, once they stop talking, I ask them this simple question: "Based on what you've now observed about your answer and the question, what are your recommendations as to how to improve your future learning, your exam preparations, and your exam problem-solving for the next time." Once they come up with one suggestion, ask them for another suggestion or tip that they can give to themselves...and then another one I like to see them come up with at least three concrete suggestions for ways that they can implement to improve their learning (and why they think those action items will be beneficial for their future learning).
In short, if I had to sum the best exam reviews that I've had with my students, its when I speak little and instead listen much.
(Many thanks goes to retired ASP professor and educational psychologist Dr. Marty Peters for sharing these insights with me).
Friday, December 13, 2019
Basketball player "...Duncan Robinson was open and didn't shoot." So reads an article about the "Most Improbable Player in the NBA." The Wall Street Journal, Dec. 13, 2019, p. A14.
In response to Duncan's decision, "...[H]is coach immediately called timeout. 'That's selfish.... You're being selfish if you don't shoot.'" Id.
For our February 2020 takers, bar prep begins for many next week. But, as we approach bar studies, if you're at all like me, I'm much more comfortable being on the sidelines, not taking shots so to speak, watching others talk through hypothetical scenarios and work through practice problems.
That's because I often don't feel like I'm ready to take shots because I don't feel like I know enough to play the game.
Instead, I try to learn to "play basketball" by reading about basketball and by watching others play basketball...a sure recipe to fail at basketball.
Let me put it concretely. With respect to bar prep, I'm much more comfortable listening and watching professors from the sidelines as I observe them work through bar exam problems and scenarios.
However, take it from Duncan (who went from high school to a small time college basketball program to a big time basketball program to a minor league professional basketball team to now a multimillion dollar contract with a big time professional basketball team). Id. What was the key to Duncan's success? As Duncan indicates, "I was having a tough time figuring out what was a good shot--and I quickly realized that everything was a good shot...I needed to literally shoot everything. [my emphasis]" Id.
For those of you beginning to prepare for the winter bar exam, take Duncan's advice. Take every shot at learning. Know this: That every problem that you work through, every time you close your lecture book and then force your mind to recall things that you have learned, every time you take action based on the bar review lectures that you are hearing, you are becoming a better "shooter", getting closer to your goal in passing your bar exam.
So, be of good courage as you boldly study for your bar exam. After all, you're not going to be tested about what you saw from the sidelines. Instead, you're tested on your ability to play the game, to score points, to solve bar exam problems. Consequently, take every shot you can, everyday throughout this winter, as you prepare for success on your bar exam this upcoming February 2020. Oh, and by the way, Duncan missed lots of shots on the way to success. But, he kept at it. You too, keep at it, because as it's in the midst of our missed shots that we learn how to perform better!