Sunday, July 28, 2019
Social media timelines are aflutter since the California Bar Examiners released, days early, the question order and subjects for the July written exam. After someone “inadvertently transmitted” test information to “a number of deans of law schools,” the CA examiners disclosed the same information to all registered July 2019 California bar takers. The internet remains undefeated and the information now hovers in the public domain accessible to us all for comment and critique. The CaliLeaks, as I refer to them, sent ripples of shock, resentment, and gratitude throughout the community of future, past, and present bar takers.
Dear California Bar Examiners, you did the right thing. You responded to a mistaken disclosure by disseminating the same information to all bar takers, to prevent any actual or perceived unfair advantage. You made a mistake and you owned it. There is a lesson in every mistake and I hope that other bar examiners, and especially the NCBE, with its foot on the jugular of all but a few states, will learn from yours.
In an ideal scenario, the premature and selective leak of confidential information to some law deans would not have occurred. No student should be disadvantaged in terms of familiarity with the exam content, inside knowledge, or the opportunity to pass. We now know the identities and school affiliation of the receiving deans. I am naive enough to believe that respected academic leaders would not compromise the integrity of the bar exam by sharing confidential information about its content. I am also cynical enough to recognize the good reason of those who question whether bar takers from some schools may have received information days before bar takers from other schools. Notwithstanding the many unanswered questions, California's disclosure (the one to all of its bar takers) is something that could have and should have happened long ago.
For goodness sake, the bar exam is based, at least in theory, on fundamental legal principles learned in law school. Knowing the general subject area to be tested is not a dead giveaway to the question content. Bar examiners in Texas have provided general subject matter information for decades. It is a preposterous notion that knowing the subjects that will be tested will lead to a flood of unqualified lawyers. Consider the law school final exam as the loosest conceivable model. Law students know to expect Property questions on their Property final exam, but it still leaves them to their own devices to prudently review the full scope of course coverage from possessory estates and future interests, to conveyances, recording acts, and landlord-tenant rules. Disclosure of the tested question areas should not be Monday morning tea, instead it should be the norm in bar examination. Telling would-be lawyers what they need to know to be deemed competent to practice law isn’t a blunder or a gracious act. It is the right thing to do.
I challenge any lawyer, law student, or law professor to imagine the futility and frustration of completing a full semester of required first-year courses, spending weeks preparing for final exams, and then not learning until the beginning day of final exams which courses will be tested and which will not. As unthinkable as this notion may be, this precisely describes the current practice of bar examination in most states and under the UBE. Time will tell if California’s leak leads to a more reasonable exam process and to less arbitrary bar failure rates. If it does, then others should follow suit. We need a better bar exam and California’s error could be an accidental step in the right direction.
Wednesday, July 17, 2019
Retired U.S. Supreme Court Justice John Paul Stevens, one of the most distinguished jurists of modern times, died on Tuesday. The author of more than 400 decisions as well as notable dissents in cases including Bush v. Gore and Citizens United, Justice Stevens was considered a "judge's judge," intensely patriotic without being partisan, free of ideological baggage, and devoted to the rule of law. Former President Gerald Ford praised Stevens in 2005, saying "I am prepared to allow history's judgment of my term in office to rest (if necessarily exclusively) on my nomination thirty years ago of Justice John Paul Stevens." Chief Justice John Roberts noted that Stephens, in addition to his "unrelenting commitment to justice," served with "an inimitable blend of kindness, humility, wisdom, and independence."
As I explored more about his life today, I was struck by how Stevens was not content to rest on his laurels, but rather continually pushed himself out of his comfort zone. His graduate study in English was interrupted by World War II, where he put his analytical skills to work as a code-breaker for the U.S. Navy in the Pacific Theater. He originally made his mark as an antitrust lawyer, first in as an associate in private practice, then as associate counsel to a U.S. House committee investigating antitrust activities, then, only three years after admission to the bar, as an antitrust litigator and partner in a firm he co-founded. Widely respected for his expertise, he wrote influential articles and taught at the University of Chicago and Northwestern law schools while remaining active as a litigator.
Stevens could have remained a respected antitrust scholar and practitioner, but in 1969 he took on the thankless task of serving as counsel to a commission formed to investigate corruption allegations against two sitting members of the Illinois Supreme Court. The commission was evidently expected to perform only a perfunctory investigation, for the person bringing the charges was a well-known conspiracy theorist with little credibility. Nevertheless, Stevens conducted a vigorous investigation which verified the allegations and ultimately led to in the resignation of both the current and a former chief justice. His refusal to take half measures led to considerable acclaim, an appointment to the Seventh Circuit by President Nixon, and ultimately to his appointment in 1975 to the U.S. Supreme Court where he served with distinction for 35 years.
It's not unusual for law students or lawyers to form a narrow view of their own abilities. Knowing they are competent in one area of doctrine or in one application, they allow that expertise to bind them into a narrow view of what they can and should do, rather than exploring how their expertise in one arena could translate into competence and even brilliance in another or a wider field. John Paul Stevens could have made his mark only as an English scholar, or only as a Bronze Star code-breaker, or only as a litigator, or only as a law professor. But he continually stretched to do more, developing expertise in constitutional law and new skills on the Court like coalition-building. And even after retirement at age 90, he stretched himself more, writing three books over the next nine years. His belief in constantly stretching himself to do more and better work can be an inspiration to all of us to not content ourselves in one narrow path. (Nancy Luebbert)
Tuesday, June 19, 2018
In the last few weeks, three more states adopted the Uniform Bar Exam (UBE): Tennessee, Illinois, and Rhode Island. Tennessee & Rhode Island will begin administering the UBE in February 2019, while Illinois is slated to begin in July 2019. In total, 33 jurisdictions (including 31 states, Washington, D.C., and the U.S. Virgin Islands) have agreed to administer the UBE.
The National Conference of Bar Examiners also announced that it "has started the process of converting the Multistate Professional Responsibility Examination (MPRE) from a paper-based to a computer-based delivery platform. The transition will happen in phases and will be completed by 2020."
Tuesday, May 29, 2018
The LSAT is changing.
The Law School Admission Council announced four big changes to the Law School Admission Test (LSAT) in 2017.
First, LSAC is increasing the number of test administrations. Beginning in 2019, LSAC will offer six tests each year instead of the standard four. Presumably to soften the transition from four tests in 2017 to six tests in 2019, LSAC quietly added a 5th exam to the calendar for 2018. Registration is currently open for the newly added fifth test, which will take place on July 23, 2018.
Second, LSAC has begun to conduct Digital LSAT field tests. LSAC is exploring the possibility of transitioning to a computer-based exam, instead of the traditional paper-and-pencil version. The results of the first field test, which was conducted in October 2017, have not been made available to the public yet.
Third, LSAC eliminated the maximum-of-three-tests-in-two-years restriction. Applicants may now take the LSAT exam as many times as they would like, limited only by the frequency of test administrations and cost.
Lastly, LSAC partnered with Khan Academy to offer "free personalized LSAT prep for all." The Khan Academy LSAT program launches this week (June 1, to be exact). I plan to enroll and test-drive the program. Look for a follow-up report soon.
Meanwhile, in April 2018, the American Bar Association's Standards Review Committee of the Section on Legal Education and Admissions to the Bar recommended eliminating the LSAT requirement altogether, allowing law schools to focus on other admissions credentials. The committee's proposal was then considered by the section's council at their May 11th meeting, and after some small changes, the council adopted the committee's recommendation. The changes to Standards 501 and 503 would eliminate the requirement of a “valid and reliable test” as part of a law school’s admissions process. "Significantly, the Council also adopted a new interpretation ... that would establish a “rebuttable presumption” that recognizes the centrality of a valid and reliable admissions test in law schools’ admissions policies and practices. It provides that a school whose admissions policy and process were called into question by the Council would presumptively be out of compliance with the revised Standard 501 if it did not include a valid and reliable admissions test as part of its policy.” The Council's recommendation will now be forwarded to the ABA's House of Delegates , who could consider the issue as early as this August.
LSAC's President responded to the May 11th ABA vote with a short press release, stating that LSAC "anticipates that most law schools will continue to use the LSAT in the admission process because of its proven validity and reliability for predicting success in law school."
Wednesday, March 28, 2018
Please see yesterday’s post by my colleague Kirsha Trychta for great background information and resources here.
What is happening in cyberspace
The ABA Commission on Lawyer Assistance Programs and the ABA Law Student Division are cosponsoring a Twitter Town Hall. The hope is to have a national conversation from coast to coast today. More information here:
Here’s what’s happening at our law school
- Students, faculty, and staff are encouraged to wear green to show support for mental health awareness.
- The Office of Student Engagement asked that students share what they do to manage stress in law school. Faculty and staff were asked to share stress and anxiety relief strategies, highlight stress-reduction techniques and healthy recipes.
- A student organization, the Mindfulness Society, in collaboration with the Office of Student Engagement is hosting a lunch segment providing tips on stress and anxiety management in anticipation of final exams. Fun activities and take home treats are planned for those who attend.
What are you doing today?
Monday, November 13, 2017
Inside Higher Ed posted a brief news item on an ETS study showing the GRE as valid for law school admissions. According to the post, LSAC disputes the accuracy of claims made by ETS. As our readers know, some law schools are now accepting the GRE for their admissions decisions. The recent council for the ABA Section on Legal Education recommendation for greater discretion for law schools to use the GRE or LSAT will make this a hot topic for some time. We can expect more studies, I am sure. The news item is here. (Amy Jarmon)
Monday, October 9, 2017
The counseling field has often highlighted the benefits of some personal disclosure from therapists to their clients. Some cited benefits include increased trust and rapport, as well validation of the clients’ experiences.
Join me this week at the Inaugural Diversity Conference for the Association of Academic Support Educators (AASE) in Baltimore, Maryland, for a moderated discussion on the benefits of academic support professionals sharing personal stories and struggles with their students.
Participants will be encouraged to share their experiences (i.e., their stories or struggles) relating to diversity and inclusion or their law school experience in general. These experiences may either be personal stories or struggles or stories related to students that the participants may have worked with in their capacity as academic support professionals. As presenters and participants share their stories, the “listening” participants will be modeling and reviewing some of the same active listening skills and nonverbal behaviors that academic support professionals should be engaging in when they work with students in either individual or group conferences.
Hope to see you in Maryland! (OJ Salinas)
October 9, 2017 in Advice, Disability Matters, Diversity Issues, Encouragement & Inspiration, Learning Styles, Meetings, Miscellany, News, Professionalism, Program Evaluation, Stress & Anxiety, Teaching Tips | Permalink | Comments (0)
Monday, September 11, 2017
It’s been a potentially challenging time for many law students throughout the country. But, I am not necessarily talking about the challenges directly related to the study of law.
Yes. Case readings can be quite lengthy. There may be anxiety related to getting called on in class. And students may sometimes feel like there is not enough time in the day to complete everything that seems to be needed to be completed to succeed in law school. These are all potential challenges that our students may currently be experiencing. But, the last month or so may have seemingly added an entire new set of challenges to our students.
While many students have tried to remain engaged in their studies, events outside of the law school building may have continued to place additional burdens on them. Between Charlottesville, Hurricane Harvey, DACA, and Hurricane Irma, many of our students have had to face or worry about things that they would not have initially had on their radar going into the start of law school (no hurricane pun intended).
It’s difficult to stay motivated and engaged to read for class or write that LRW memo when you are worried about your safety and security or the safety and security of your families and friends. It’s hard to turn away from the news of devastation and despair when you are either living in that devastation and despair or know someone who is.
Law school is a challenging time for our students. And events outside of the law school building may have continued to place additional challenges on our students. It’s during these challenging times that it is especially important to have a friendly, supportive, and understanding ASP professional in the law school building. While we may not immediately have all or any of the answers related to some of these challenging events, we surely can welcome our students into our offices. We can sit down with them and actively listen to their stories. We can empathetically try to help them find some answers or refer them to those who may more appropriately serve them during these challenging and unfortunate times. (OJ Salinas)
Tuesday, September 5, 2017
I subscribe to several different listervs (e.g. academic support, law teaching, legal writing, clinical) and all are abuzz with how to help our colleagues in those geographic areas hardest hit by Hurricane Harvey. Below is a compilation of the resources that have shown up in my inbox this past week:
The Supreme Court of Texas issued an Order permitting out-of-state attorneys to temporarily practice law in Texas to assist Harvey victims with their legal needs.
The State Bar of Texas has updated its website with several helpful FAQ pages, an attorney volunteer registration form, and the details of the state’s new toll-free disaster hotline.
The Houston Bar Association is providing legal assistance and organizing local volunteer opportunities.
Clinical Professor Davida Finger of Loyola University is coordinating a conference call to discuss post-disaster work and to consider ways that clinics can lend support. Our colleagues from Texas are expected to join the call, scheduled for Friday, September 8 at 11:00 a.m. CST. Conference line: 504-526-4012. Access code 9416373.
The Southern Texas College of Law has established a website to accept donations to support law students impacted by Harvey. Similarly, the University of Houston Law Center is accepting donations online “to provide support to UHLC students and staff who suffered hardship as a result of the storm.” The Thurgood Marshall School of Law, also located in Houston, is accepting online donations through the Texas Southern University homepage. For a complete list of all of the law schools located in the region, click here.
Legal writing and academic support professors impacted by the storm are invited to take advantage of the LWI Teaching Bank. Professor Heather Baxter explained that “[i]n addition to memo and brief problems, the new Teaching Bank houses general exercises and teaching ideas, as well as guides to AV Resources, materials for international students, ideas for upper level litigation-based courses, syllabi, grading rubrics, and plagiarism materials. Please note that that these resources are available only to teaching members of LWI, so you must apply for membership to the Teaching Bank" first.
Lastly Above the Law reports that many law students and law faculty are organizing smaller-scale recovery efforts and disaster aid campaigns via social media.
Monday, August 14, 2017
Focusing When You’re Frustrated and, Potentially, Frightened: Some ASP Thoughts Following Charlottesville
Like many individuals throughout the country, I was saddened to see and hear what happened in Charlottesville, Virginia. I am not sure I have the words to describe my thoughts and feelings related to this weekend. Or, maybe, I do. But, they are likely not suitable for this blog.
I’ll try to focus the rest of this post on a topic related to law school academic success. Surely, this weekend’s events don’t relate to our students’ academic success. Right? It’s not like this weekend’s events could impact our students’ abilities to focus on their law school studies. Right?
Let me refocus.
Surely, I have other things that I should be thinking and worrying about . . . like, law school pre-orientation programs. I am running the first of our two voluntary pre-orientation programs for incoming 1Ls later this week. I will have worked with over 40% of our incoming 1L class before the start of orientation. These students are incoming 1Ls who have volunteered to participate in our Legal Education Advancement Program (“LEAP”). This program helps 1Ls transition to the study of law in a welcoming and supportive environment. Yet, these are also students who have likely been impacted in one way or another by the events in Charlottesville. After all, it doesn’t take much to see what happened on the news or to read something on the Internet. It doesn’t take much to see where the events took place and wonder whether a similar event could take place near you.
I am sure there are many other law school academic success professionals who should also have other things to be thinking and worrying about. They, too, may be getting reading for their pre-orientation programs. They, too, may be finalizing their syllabi, organizing conferences, and meeting with students. They, too, may be looking for ways to make the law school experience a positive and productive one for their students.
Surely, there are many things that should be preoccupying our minds. But, it’s often difficult to focus on what we should be focusing on when events like this weekend’s event in Virginia take place.
Surely, there are many things that our students should be thinking and worrying about as they prepare to start a new school year. For example, our 1Ls may be worrying about finding a place to stay, locating the bookstore, or figuring out how to brief a case. Our 2Ls and 3Ls may be finishing up summer work, finalizing resumes, or scheduling on-campus and callback interviews.
But, yes. It is difficult to focus on what we should and want to be focusing on when frustrating and, potentially, frightening events like the one in Charlottesville try to suck out all our energy, positivity, and goodwill. It is likely no different for our students—particularly our students of color. They may, similarly, find it difficult to focus on what they need and should be focusing on to be successful law students. Law school is hard. It is going to be even harder over the next few weeks.
Give your students some time to digest this weekend’s events. Be supportive and lend a listening ear. Yet, try to be realistic about the work that needs to be done in law school. If you find it difficult to engage students to change their approach to law school work because they are too worried or preoccupied with external events, like Charlottesville, you might try to reframe law school work in such a way that your students may be more motivated to read, study, and improve . . . to act.
For instance, despite my strong restlessness about this weekend’s events, I am going to try to attack this week’s pre-orientation program with vigor and hope—hope that the students that I will be working with will become successful lawyers who will help make this country a better place for all of us. Surely, that relates to law school academic success. (OJ Salinas)
Monday, July 24, 2017
This last week, I attended and participated in a diversity and inclusion conference hosted by the Association of Legal Writing Directors (ALWD) in Minneapolis, Minnesota. The three-day conference was engaging and timely. And it included a thought provoking and informative plenary presentation on stereotype threat and implicit bias by fellow-ASPer, Russell McClain. Having seen Russell present before at various ASP conferences, I knew he would be a charming and enlightening presenter—and he certainly was! Congratulations, Russell! I know the ALWD attendees were impressed by your interactive presentation, and I am sure many of them will be reaching out to you in the future for additional ways to address stereotype threat and implicit bias.
I plan to write some more about the ALWD conference and its theme “Acknowledging Lines: Talking About What Unites and Divides Us” at a later date. But, for now, I wanted to spend a little time talking about what is likely on the minds of most academic success professionals and all the recent law school graduates—the bar exam.
Exam takers: We all know you have been working hard, and we believe in you. The next few days will be beyond tough and tiring. But, you have trained your mind and body for it.
Yes. You will likely second-guess yourself. Yes. You will likely face questions that you might not feel good about. But, you are also going to see and work with a lot of information that you do understand and have encountered many times during your bar preparation. Trust yourself. Read the questions carefully. Organize your essays. And don’t let those few questions that you might not know the answers to bring you down. You don’t need to get that A+ to pass. If you spend too much time focusing on the information that you don’t know or can’t remember, you may not leave yourself enough time or energy to show the bar graders what you do know. And you do know. A lot.
A few more things . . . remember to breathe and it’ll be over soon.
We look forward to welcoming you into the profession. (OJ Salinas)
Monday, July 17, 2017
The New York Times recently published “The Lawyer, The Addict”—a very compelling article about a tragic event. The story describes the death of an influential Silicon Valley attorney. The interplay between (1) addiction, stress, and mental health and (2) law school and the legal profession is referenced in an honest and, for many, eye-opening manner. The article has rightfully generated much discussion on the Internet, including a fascinating conversation on my colleague Rachel Gurvich’s Twitter feed. If you are looking for further insight about the article from a variety of faculty, practitioners, and students, I encourage you to check out Rachel's Twitter feed (@RachelGurvich). Much of the conversation can be found here.
There are many interesting points one can focus on from the NYT article. Perhaps, I’ll explore some other points in the future in the blog. For now, I’ll focus today’s blog on two points: (1) Larry Krieger’s work on subjective well-being; and (2) how hard it is for students to acknowledge that they may be suffering from a problem.
- Larry Krieger’s Work on Subjective Well-Being.
The NYT article interviewed Professor Larry Krieger and referenced his work "What Makes Lawyers Happy". As many of you know, Krieger’s work was an empirical study on “attorney emotional health” and “subjective well-being.” Part of Krieger’s findings and recommendations focused on shifting the definition of “success” for law students away from extrinsic rewards, like grades, journals, and high-paying jobs to more personal and intrinsic values and motivations.
I remember Larry Krieger's work was one of the first things that Ruth McKinney discussed with me when I arrived at UNC. Since her retirement, we have tried to continue to incorporate the message of Krieger’s work into our pre-orientation program for incoming 1Ls. We try to remind our students to remember the intrinsic reasons why they decided to come to law school—particularly during those times when they may feel overwhelmed, defeated, or unworthy. We also try to remind our students that “success” can mean many different things to different people and that there are many ways to “succeed” in law school. We often talk about these topics while disclosing some of our personal struggles and experiences from law school. This personal disclosure often helps build a foundation where we are better able to assist with the problem discussed in part two below.
- Acknowledging a Problem is often a Problem.
For those of us who work closely with students, the article’s story on how law school and the legal profession can change you—physically and mentally—is not a surprising tale. We know that the combination of stress, anxiety, and the competition for external rewards can create a very challenging and intimidating environment for our students. The environment can feel crushing and insurmountable when you add difficult finances, family issues, health concerns, implicit bias, or stereotype threat to the mix.
It is not uncommon for academic success folks to work with students who are facing some significant non-academic issues that impact their academic performance. But, these non-academic issues are often not easily identifiable. Let’s try to remember that it is often difficult for our students to acknowledge to themselves that they may be going through a very problematic time. Like anyone, they have pride. They have all been successful undergrads or had elite careers prior to law school. They don’t want to think of themselves as “failures” or “unworthy” of being a law student.
Since our students don’t want to think of themselves as “failures” or “unworthy” of being a law student, they will likely hesitate before seeking help because they don’t want others to see them as “failures” or “unworthy” of being a law student (and the mental health questions on the bar exam applications don't help either, but that's a topic for another day [if you are interested, my former colleague, Katie Rose Guest Pryal has a great piece here]).
Disclosing some personal vulnerability to someone else is an added challenge to an already stressful time in our students' lives. Think about it: if it’s hard for you to acknowledge some potential weakness or flaw to yourself, do you think it will be easier for you to acknowledge that weakness or flaw to someone else? Now think about that someone else as a law professor or administrator. I know; it’s pretty scary. That’s why we, as academic support professionals (and others who work closely with law students), should try to practice good active listening skills and remain nonjudgmental, empathetic, and encouraging when we work with our students. It’s a difficult job. But, we are lucky to be able to do it. (OJ Salinas)
Saturday, July 15, 2017
Monday, June 26, 2017
Hello, everyone. I am excited to join the Law School Academic Support Blog as a Contributing Editor! I have enjoyed keeping up with the Blog entries over the years, and I look forward to adding my take to this wonderful ASP resource.
We work in a diverse profession, and we carry many responsibilities. I hope to use the Blog as an opportunity for us to share our insight and experiences. If there are any particular topics or ideas you would like for me to explore in the Blog, feel free to email me at email@example.com. You can also Tweet me @ojsalinas (#lawschoolASP).
I have had the pleasure of meeting many of you at our various ASP conferences. If our ASP paths have not crossed yet, I hope they do soon! (OJ Salinas)
Saturday, April 29, 2017
Tuesday, December 20, 2016
Saturday, September 10, 2016
If your copy of the September 2016 ABA Journal has landed in your mailbox, you may want to turn to pages 48-55 to read the article by Mark Hansen entitled "Bar Fight." The online article appears here.
In the same issue, you will find on page 67 a brief article written by Stephanie Francis Ward about the ABA's problems with the Department of Education. The online article appears here
In an article found in Inside Higher Education, an update on UNT and Ave Maria and accreditation is found here.
Friday, September 25, 2015
Wednesday, April 29, 2015
ASSOCIATION OF ACADEMIC SUPPORT EDUCATORS
3rd Annual AASE National Conference
May 26-28, 2015
The John Marshall Law School
Conference Registration closes on May 8.
To register go to:
You can update your AASE membership at the time of registration.
Make sure you make your hotel reservations by May 4 to obtain the conference rate at the Hilton Chicago: https://resweb.passkey.com/go/AASE2015, or 1-877-865-5320 (ask for AASE room rate).
If you stay at the conference hotel you will receive Garrett’s Popcorn in your room.
Friday, March 20, 2015
The New York Times has addressed some of the recent (and not so recent) criticisms regarding the Summer 2014 bar examination results in their article, Bar Exam, the Standard to Become a Lawyer, Comes Under Fire. While this article does not unearth new information for many of us, it does legitimize the problem. Because, as we know, there is a problem. The NCBE essentially has a monopoly on bar licensure. They have moved from releasing a limited amount of data to an almost complete lack of transparency. Without this crucial data there is no accountability, which leads to less confidence in the examination and what it purports to assess. This lack of confidence is highlighted in the Times piece and has been echoed in a similar fashion since the summer results were released.
In order to validate the bar exam as a viable assessment tool, the released score results should be detailed, transparent, and effectively communicated. At this point, it appears that complete transparency is the only way to restore credibility in the bar exam and the work of the NCBE.