Wednesday, July 17, 2019

The Growth Mindset of John Paul Stevens

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 He originally made his mark as an antitrust lawyer, first in as an associate in private practice, then as associate counsel to a U.S. House committee investigating antitrust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)

 

 

 

 

July 17, 2019 in Advice, Current Affairs, News, Professionalism | Permalink | Comments (0)

Wednesday, July 3, 2019

Technology and Legal Education Webinars

This summer, the AALS Section on Technology, Law & Legal Education is presenting a series of webinars on technology and legal education. Now I look forward to every Wednesday, wondering what I will learn each week. Sessions range widely, from  hackathons and biotech to formative assessment and access to justice using technology.  You can watch past webinars on demand and sign up for forthcoming live webinars by visiting the Section's web page. While I have learned fascinating things from each webinar, I found two webinars touching on IT security and law students to be especially compelling.

As a population our law students are far less technologically savvy than we would expect, according to Cumberland Law's Grace Simms, in an a wide-ranging presentation on "Teaching Tech to Law Students." Two of the most obvious shortfalls are failing to appreciate how social media can affect their personal marketing & job prospects, and failing to grasp the importance of security measures and backups. The back-up problem rings especially true in my experience. For example, although our students have free access to OneDrive and receive back-up reminders from a variety of media, invariably every semester at least one student experiences a major meltdown when upon realizing, only after their computer self-destructs (whether from a hard drive crash, an unfortunate drop in the parking lot, or simply wearing out from obsolescence), that they have not backed up their legal writing projects, case briefs, and outlines. Far less critical, but a time-waster day after day, is the fact that many students have only the most superficial understanding of the capabilities of word processing programs: this not only makes day-by-day writing a more laborious process but also can cause many finished pieces to look amateurish. Inspired by Professor Simms's presentation, I'll be tweaking lesson plans in my fall Skills Lab to include micro-practice sessions on doing backups, creating quick access toolbars, assigning keystrokes in Word, and other simple technology to enhance the daily tasks of law student life. 

Lincoln Memorial's Sydney Beckham, himself a former hacker, delved deeper into security threats and safety measures in "Hacked! An Examination of Cyber-Threats and Techniques to Thwart Them." The bad news is one out of every three Americans is affected by a cyber-threat every year. The good news, since 95% of security breaches are caused or exacerbated by human error, is that most cyber-threats can be prevented or mitigated by taking prudent, and often amazingly simple, security measures. While many institutions must take sophisticated measures like two-factor authentication, most individuals can protect themselves with relatively simple practices such as:

  • Backing up important data using thumb drives, external hard drives, or cloud storage
  • Setting antivirus protection for automatic updates
  • Updating operating systems frequently
  • Covering the webcam when not needed for active use 
  • Using a microphone lock on phones and computer when not needed for active use 
  • Using strong passwords and usernames, and not sharing them between accounts 
  • Using the cellular hotspot provided by a personal cell phone rather than public wifi when sending personal information in a public place
  • Limiting social media posting of information that might be used for security questions

A compelling point was the need to constantly reinforce IT security messages through live interaction with law students. Like Professor Simms, Professor Beckham stressed that many law students are not aware of IT security issues and solutions. Information sent through e-mails and video sources, he suggested, is overwhelmingly ignored. To be effective, information should be conveyed live and in person. Moreover, to pack the most punch, it shouldn't be conveyed only during Orientation: rather, repeated live messaging by different faculty and staff is the best way of helping law students to become security aware. It sounds like a good idea to add a question about backups and security to my checklist for meeting individually with students.  (Nancy Luebbert)

July 3, 2019 in Professionalism, Teaching Tips, Web/Tech | Permalink | Comments (0)

Wednesday, June 26, 2019

The "Other" Academic Support Educators

Echoing what Amy Jarmon said in her farewell blog post, the ASP community is awesome. We encourage each other, share ideas and materials, and lift each other up. Sometimes, though, it can feel a little lonely just communicating by phone or e-mail and getting together at the occasional conference.  Although I am blessed to have two terrific ASP colleagues at my law school, they work 300 miles away from the campus where I'm located. And notwithstanding my wonderful local colleagues in this shared endeavor of legal education -- first-rate professionals in legal writing and career development and clinical education and building maintenance and library science and admissions and legal doctrine and every facet of administration -- sometimes an ASPer just wants to get together with other academic support educators who speak the same language and can give insights into common or novel problems. What's a solo ASPer to do?  

Maybe realize that law school academic support educators aren't the only ASPers around.

Today I had the pleasure of a long visit with an academic support educator for undergraduates at my university. After hearing first-hand stories from several friends about the rigors and stresses of law school, and being unaware that law schools offered academic support, he reached out to the law school to see if he could offer assistance to our law students and ultimately connected with me. As we shared our experiences of supporting undergraduate and law students, we realized how many issues we had in common -- helping students manage their time effectively, overcome the fear of stigma, learn critical reading skills, understand the efficacy and desirability of intellectual struggle, and appreciate that seeking assistance is not a sign of weakness but of professionalism.  Our discussion made me realize how much I could learn from (and maybe also contribute to) the University's many academic support professionals outside the law school -- educators helping first generation students, persons with disabilities, non-traditional students, underrepresented minorities, students with current or past trauma, and the economically disadvantaged, as well as those simply insightful enough to recognize they could better reach their potential if they learned how to learn more effectively. While legal education comes with a unique set of challenges, at least half my work involves issues that are not unique to law school. So my new (academic) year's resolution is to become more involved with academic support educators of all ilks, helping all types of students in higher education. I fully expect the "other" academic support educators will be as awesome as my AASE colleagues. (Nancy Luebbert)

 

June 26, 2019 in Encouragement & Inspiration, Miscellany, Professionalism, Stress & Anxiety | Permalink | Comments (0)

Tuesday, May 21, 2019

Strength in Numbers

Today is the first day of the 7th Annual Association of Academic Support Educators [AASE] National Conference.  This year well over 200 law school academic support educators are gathering in Seattle, Washington, to share what we have learned about how to help our students succeed in law school and on the bar examination.  For me, it is an enlightening pleasure every year to swap stories and strategies with my brilliant colleagues.

Today's lead-off plenary session, presented by Michael Barry and Zoe Niesel of St. Mary's University School of Law and Isabel F. Peres of Seattle University School of Law, discussed the use of robust data analysis to create predictive models to help identify and calibrate the guidance provided to specific students in preparation for the bar exam.  Several other sessions on the agenda this week address the need to use specific, articulable information throughout the process of providing academic support: from laying out detailed strategic plans to assessing student development to predicting bar passage rates.  Certainly, like any mature field of study in which reliable and reproducible outcomes are valued, academic success recognizes the importance of definition, measurement, recording, and scrutiny.

Part of me feels there is an irony in this, in that the AASE Conference is also an opportunity to work with and learn from some of the most accomplished veterans in the field, people whose spontaneous intuition often appears to be more perceptive and accurate than a detailed mathematical data analysis.  Not only that, there is also a pervasive insistence throughout the Conference on recognizing the ineluctable humanity of each student -- of seeing every one not just as a set of numbers, but as an unpredictable human with immeasurable potential.  The numbers might tell us that student X has a 64% chance of passing the bar, but we might nevertheless work with X as if we sense he really has a 90% chance -- and in doing so, might even help X move from 64% to 90%.

The reality, of course, is that there is no contradiction.  Experienced and gifted professionals are observant; they work with data they may not even be consciously aware of when they assess a student's strengths and weaknesses.  In that context, rigorous scientific analysis can be just as much about confirming the deep knowledge of the veteran as about uncovering previously unsuspected truths.  It can also be about articulating facts and relationships observed by others through long experience in ways that make those facts and truths easier to explain to those new to the field.

Thus, our annual conferences are a double celebration of strength in numbers, recognizing not only the value of sharing the wisdom and lore of our most experienced professionals in a group setting, but also the importance of capturing and confirming this wisdom through data that can back up our intuition, guide our choices, and persuade skeptical students and colleagues.

[Bill MacDonald]

May 21, 2019 in Academic Support Spotlight, Current Affairs, Encouragement & Inspiration, Meetings, Professionalism, Science | Permalink | Comments (0)

Strength in Numbers

Today is the first day of the 7th Annual Association of Academic Support Educators [AASE] National Conference.  This year well over 200 law school academic support educators are gathering in Seattle, Washington, to share what we have learned about how to help our students succeed in law school and on the bar examination.  For me, it is an enlightening pleasure every year to swap stories and strategies with my brilliant colleagues.

Today's lead-off plenary session, presented by Michael Barry and Zoe Niesel of St. Mary's University School of Law and Isabel F. Peres of Seattle University School of Law, discussed the use of robust data analysis to create predictive models to help identify and calibrate the guidance provided to specific students in preparation for the bar exam.  Several other sessions on the agenda this week address the need to use specific, articulable information throughout the process of providing academic support: from laying out detailed strategic plans to assessing student development to predicting bar passage rates.  Certainly, like any mature field of study in which reliable and reproducible outcomes are valued, academic success recognizes the importance of definition, measurement, recording, and scrutiny.

Part of me feels there is an irony in this, in that the AASE Conference is also an opportunity to work with and learn from some of the most accomplished veterans in the field, people whose spontaneous intuition often appears to be more perceptive and accurate than a detailed mathematical data analysis.  Not only that, there is also a pervasive insistence throughout the Conference on recognizing the ineluctable humanity of each student -- of seeing every one not just as a set of numbers, but as an unpredictable human with immeasurable potential.  The numbers might tell us that student X has a 64% chance of passing the bar, but we might nevertheless work with X as if we sense he really has a 90% chance -- and in doing so, might even help X move from 64% to 90%.

The reality, of course, is that there is no contradiction.  Experienced and gifted professionals are observant; they work with data they may not even be consciously aware of when they assess a student's strengths and weaknesses.  In that context, rigorous scientific analysis can be just as much about confirming the deep knowledge of the veteran as about uncovering previously unsuspected truths.  It can also be about articulating facts and relationships observed by others through long experience in ways that make those facts and truths easier to explain to those new to the field.

Thus, our annual conferences are a double celebration of strength in numbers, recognizing not only the value of sharing the wisdom and lore of our most experienced professionals in a group setting, but also the importance of capturing and confirming this wisdom through data that can back up our intuition, guide our choices, and persuade skeptical students and colleagues.

[Bill MacDonald]

May 21, 2019 in Academic Support Spotlight, Current Affairs, Encouragement & Inspiration, Meetings, Professionalism, Science | Permalink | Comments (0)

Monday, May 20, 2019

Some Things I Have Learned from Colleagues, Observation, and Experience

As my career in ASP winds down, I have reflected on what I have learned over the years. Here are a few things that strike me as important lessons learned from discussions with my ASP/bar prep colleagues, observations of our profession over time, and my own experiences:

  • ASP and bar prep work have gained more recognition through the years. LSAC supported us early on. AALS recognized our efforts with a section designation. Changes to ABA standards brought more attention to our roles. More law schools now have programs, but there is still work to be done if all law students are to have access to full-time, funded services.
  • ASP/bar prep started its work to increase academic and bar success for minority students. With the pressures of stigma and backlash, many ASP programs opened services to all law students. Although programs may still have minority components within the services, the broader law school population has now become the focus. Declining admissions (and the resulting decline in applicant credentials in some cases) and ABA emphasis on bar passage rates have continued the pressure for services to be available to all law students.  Let us not forget our original purpose of supporting diversity as our roles expand.
  • The work we do is not just about grades or bar passage. We teach skills that impact our graduates throughout their lives. We teach skills resulting in better lawyering and more satisfying living. Among the skills we teach are learning strategies, legal reasoning, problem solving, organizing work, managing time, managing stress, and avoiding procrastination.
  • We need to be careful that we do not just jump from the "hot topic or solution of the month" to the next hot topic. It is tempting, but ultimately shallow. There is no magic wand available for ASP or bar prep. Learning, memory, and legal reasoning are complex topics with layers of nuance. To those three, we must add the topics of diversity, motivation, procrastination, learning disabilities, time management, work management, stress management, resilience, grit, mindset, and mental health - also very complex and nuanced. I could easily list another dozen topics that relate to our work. We need to investigate deeply to understand the nuances, remain open to intertwined concepts, and build successful strategies over time.
  • The numbers game is not all that matters. It is nice if large numbers enroll in courses or attend workshops, but numbers alone do not tell the story. Our work regularly impacts on an individual level. We need to remember that assisting one student at a time is valuable. Let us not forget the merit of one-on-one assistance during our law schools' demand for numbers to tout.
  • We need to provide alternative methods for students to access our services. Some services may involve mandatory appointments, workshops, or courses. However, even mandatory offerings may not reach all students who need help or may fail to reach them at the time when they are most receptive. We need to continue to explore different ways to reach students where they are and when they are receptive to services. The possibilities are endless, but include appointments, workshops, packets, handouts, email tips, podcasts, blog posts, YouTube videos, Facebook, Twitter, intranet pages, pop-up events, and walk-abouts.
  • We need to remember that each student is unique. One size does not fit all, no matter what theory suggests. Each student comes with individual strengths, weaknesses, challenges, motivations, educational backgrounds, and experiences. We cannot forget the individual when we consider our repertoire of theories, generalities, and strategies.
  • We need to ask questions and listen to the answers. I learn some of the best strategies from students explaining what they have discovered. In the search for the combination of strategies for each student, we need to explore with the student what works, does not work, needs to be modified, or needs to be tossed.
  • We want students to succeed and are personally involved in their learning. However, ultimately the student must implement the strategies, eschew bad habits, and work to achieve success. Despite our best efforts, some students will not reach their full academic potential and may even fail academically or fail the bar repeatedly. It exemplifies the old adage of leading a horse to water.
  • Working 60-70 hours per week (and often more) is the temptation in ASP/bar prep because we want to implement new programs, stay up with professional development, be available to students, show up at events to support them, and answer emails at all times of the day and night. However, working at such a pace leads to burnout and ultimately does not help us or our students. We need to model the work-life balance that we regularly recommend to our students.
  • Have faith in your own expertise and the" best practices" that match your law school's culture. The variety of law schools means that one size does not fit all. Be open to ideas and weigh their value for your law school situation. ASP/bar prep colleagues are willing to share ideas and expertise - usually for free. Read the Law School Academic Support Blog, post queries on the Law School Academic Support listserv, attend AASE and AALS conferences or other regional workshops, and reach out to experienced colleagues. However, be wary of anyone who tells you there is one and only one (that is, the individual's own) path to "best practices" in ASP/bar prep; that viewpoint is just not accurate.
  • No matter how dedicated and expert we are in our work, our law schools have to provide the facilities and resources for us to do our work well. Without commitments for space, budget, staffing, support services, and equal status, we will be limited in achieving the greatest results for our students. Talk is cheap. It takes actions from each and every law school in support of our ASP and bar professionals to make a difference.

ASP/bar prep work is challenging, impactful, rewarding, and gratifying. We can be proud of what we do each day. What we accomplish is important. We need all law schools to recognize how important our work is for our students' academic success and for their futures. (Amy Jarmon)

 

May 20, 2019 in Advice, Bar Exam Issues, Learning Styles, Miscellany, Professionalism, Program Evaluation, Stress & Anxiety | Permalink | Comments (0)

Tuesday, April 30, 2019

Voice Matters

There are some weeks when I'm pretty sure that no one else at my law school talks more than I do.  Given that law schools are full of lawyers, this is a pretty audacious claim.  But two or three times each semester, I encounter a perfect storm of ASP responsibilities -- I have classes to teach, I meet with the students from those classes for one-on-one discussions, I participate in administrative meetings, and I have drop-in visits from or appointments with other students seeking individual counseling -- and my entire work week, from morning to night, is chockablock with lectures and chats and debates and advising.  Usually, by Tuesday afternoon, I can feel my vocal cords growing fatigued and irritated.  I have discovered that if I just try to soldier on, then before the week is out, those little laryngeal muscles will seize up like an old pick-up truck engine, and suddenly I will be flapping my jaw uselessly, with nothing but a breathy wheeze coming out.

It is very hard to explain to a student how to think like a lawyer when you sound like a strangled serpent.

The fact is that teachers of all kinds are among those most at risk for developing voice problems.  This might in part be because they work in schools, which are really just giant Petri dishes for the cultivation of upper respiratory infections.  But the biggest threat to our voices could merely be overuse.  Vocal cords are really just small, thin muscles, and we make them work to produce sound by forcing air between them until they vibrate audibly.  Every syllable we utter arises from a bit of violence we do to our selves.  Too much violence can damage the vocal cords, sometimes even permanently.

So it makes sense to try to find ways to treat our vocal cords more kindly.  There are many things you can do to ease the strain you impose on your voice box.  Some might become permanent habits; others you can use when you start to feel a little raspy, or maybe even just before a garrulously busy week starts:

  • Keep your vocal cords moist. When vocal cords become dehydrated, they are more easily irritated.  So drink plenty of water -- keep a cup or bottle on hand in the office or wherever you might expect to have to speak at any length.  Also, certain chemicals, like alcohol, caffeine, and some cold medicines, can dry out your vocal cords.  All things in moderation, generally, of course, but when you know you've got a talk-heavy week coming up, you might want to take a pass on coffee in the morning and wine in the evening.  (Or vice versa, for that matter.)
  • Avoid irritants. The effects of too much talking can be intensified by agents that make the vocal cords more sensitive. Cigarette smoke, both first- and second-hand, is an obvious example.  But in addition to thinking about what you breathe, you should also consider what you eat.  Aromatic and spicy foods carry the risks not only of irritating the throat on the way down, but also causing stomach upset and reflux that might also irritate the throat on the way out.  Of course, food is not supposed to go down the windpipe, so direct irritation of the vocal cords is less common (though possible). A bigger issue is irritation of the throat above the larynx, which can lead to coughing, which directly assaults the vocal cords.  Similarly, it is a good idea to avoid milk and dairy products, not because they are directly harmful, but because they can coat the throat, prompting you to try to clear it, which can also irritate the vocal cords.  (If you ever feel the urge to clear your throat with a rumbling bark, hold off, and instead see if you can clear the irritation by opening your mouth wide and alternately breathing deeply through your nose and then exhaling, steadily and forcefully but not explosively, through your mouth, making the "h" sound as you do.)  Of course, try not to get sick, too, because illness can be an irritant.
  • Rest your vocal cords. It is often right to remain silent, but during busy times, it may not always be possible. Still, what you do outside the office can help rest your voice as well. When work is vocally busy, try to avoid scheduling other responsibilities that might require extensive speaking. Get rest at home -- minimize conversation and get good sleep.  In the long term, regular exercise can help develop stamina, even in the vocal cords, so that you can talk longer before your throat starts to feel irritated.
  • Soothe your throat. Along with having water at hand, keep some cough drops, mints, or even certain fruits at hand.  Eating or sucking on these will stimulate the production of saliva, which keeps the vocal cords moist. Also, consider drinking herbal teas with soothing ingredients like chamomile or slippery elm bark.  Traditional Medicinals "Throat Coat" is a pleasant choice.
  • Use healthy speaking techniques. Since in many cases we are not going to be able to avoid frequent speaking, it's a good idea to learn how to speak in the least irritating way for your vocal cords.  Sit up straight and don't slouch; good posture opens up the airway and relieves pressure on the larynx.  Avoid yelling, and avoid whispering -- both put unnecessary stress on your vocal cords.  Instead, try always to speak in a conversational tone of voice, but try to take deep breaths and to exhale using your diaphragm and your chest to produce sound, not just your throat.  This takes some of the strain off your vocal cords. Finally, if you do lecture, don't eschew the use of a microphone, when available. Yes, your stentorian voice can reach the back of the lecture hall, but you may pay for it later when you are trying to reach to person seated across the desk.  

[Bill MacDonald]

April 30, 2019 in Advice, Miscellany, Professionalism, Science, Teaching Tips | Permalink | Comments (0)

Wednesday, April 24, 2019

"The Dog Ate My Homework" and Other Emergencies

The dog really did eat my homework. To be more precise, when I left my desk to fix a cup of tea, my four-month old puppy tore into my outline with joyous, tail-wagging abandon. Those pages that didn't turn into blobs of slobbery mush were ripped to shreds. I panicked, of course. Based on the nonchalant manner in which the professor had conducted the class, I had assumed the exam would be a policy-discussion cakewalk. Too late I realized that while classes were casual, the professor's exams were rigorous. My case briefs were chicken-scratch; my class notes, almost worthless. And the outline the dog destroyed? Well, it wasn't exactly "my" outline; it was a photocopy of a friend's outline because I'd been "too busy" to create my own. And since I had borrowed it only three days before the exam, in those days before e-mail attachments made routine information-sharing easy, I didn't feel like I could count on my friend's good graces to give up her original for the several hours it would take me to copy it again. I had an emergency on my hands.

To be sure, life has its share of genuine emergencies, the gut-wrenching, out-of-the-blue occurrences that shake our world to its foundations. And when these happen the best thing is to let someone at the law school know as soon as you can. But many, perhaps most, of the emergencies we encounter in the law school context, whether as students or instructors, stem from the combination of unexpected circumstances plus our own lack of foresight. We can mitigate the effect of these circumstances by prudent practices. Perhaps you've heard the acronym PPPPPP -- Proper Prior Planning Prevents Poor Performance. Proper prior planning can indeed help weather most law school exigencies.

Computer mishaps are nowadays probably the most common law school emergencies. The hard drive crashes, the computer is dropped, the wifi network goes down, printers jam, and suddenly we lose precious work product or can't access needed materials. Consistently creating backups and having alternatives are the keys to mitigating any computer problem.

Using a cloud storage and file synchronization service like Dropbox is the easiest way to provide consistent backups, but because even the best systems fail occasionally, it's wise to periodically check that backups are actually being made. Those reluctant to trust documents to the cloud can effectively back up with encrypted thumb drives or external hard drives. In time-crunch situations like putting the finishing touches on a brief, even e-mailing critical documents to yourself works. When using physical backups, it's prudent to use multiple devices in different locations and to rotate them: for example, you can keep one encrypted thumb drive in your backpack, one in your vehicle, and one at home.

Just as important as backing up current documents is saving versions of your documents through time. Most of us have had the experience of either accidentally deleting a large chunk of material from a document or deliberately cutting out a sections of what seems like extraneous material, only to realize later we wanted the section back. So it's a good practice to save documents under a new name at least daily by adding the date or a sequential number so you can retrieve mistakenly deleted material from an earlier version of the document. At this time in the semester, for example, many students are filtering their outlines down to the essentials. When you use your capsule outline in tackling practice problems, you may find that you were over-enthusiastic in pruning rule statements or even left an important concept entirely out of your capsule outline. Having your earlier, more expansive outline to draw from can save you hours of work.

A good way to mitigate emergencies is to have alternatives in mind given the certain knowledge that things don't always work as they should. Are old exams easily accessible on the web? Figure that the school's internet may go down, and download them to your own computer so they are available when you need them. Does everyone in the law school use the same two printers when legal writing assignments are due? Chances are that your legal writing faculty does not accept "the printer jammed" as an excuse for late papers. Scope out alternatives across campus, or print out your near-perfect brief at home so you can have something to turn in on time even your last minute perfect brief gets stuck in the law school printer queue. Is arriving on time critical for a meeting, exam, or interview? Leave home early enough so you can cadge a ride if your car breaks down or stay calm in the midst of a traffic jam. 

Prevention, of course, is the best cure. Learning and reviewing day by day, week by week, practicing problems, diligently doing interim assignments, building and refining your own outlines over time -- keeping a steady schedule of good habits can put you in a place where a total computer melt-down has limited effect because you already have have learned and practiced the material throughout the semester.  Otherwise, you just have to hope the dog doesn't sneak into your study.

(Nancy Luebbert)

April 24, 2019 in Advice, Bar Exam Preparation, Professionalism, Study Tips - General | Permalink | Comments (0)

Wednesday, March 20, 2019

Have You Ever Thought About . . . ? Suggestions for Faculty Advising

A wide range of advising formats satisfy ABA Standard 309 requirements that a law school provide academic advising that "communicates effectively the school’s academic standards and graduation requirements, and [] provides guidance on course selection." In some schools every faculty member has assigned advisees and guides them through all their choices for three years, minutely checking that they have met degree requirements and are prepared for the bar exam and their chosen area of practice. Other schools have a more laissez-faire system: after a few informational meetings students are given the tools they need to meet degree requirements and set loose on their own to seek guidance. Student Services or Academic Support offices sometimes handle the degree requirements portion of advising, drawing in clinical, writing, and doctrinal faculty primarily in a mentoring role. As a person who has coordinated a relatively formal 1L advising program for the past few years, I've heard considerable angst about advising. "I don't know what to do!" is a common refrain from senior and junior faculty alike. These suggestions are applicable to faculty performing the wide range of advising functions.

Understand your advising function. Ask the person who gave you the advising assignment and insist on clarity. Some advisors assigned at Orientation are meant primarily to be a human face and contact for new, bewildered 1Ls. Advisors assigned midway through 1L year may serve mostly as mentors for advisees who have expressed an interest in a particular area of law. Do you advise students only during 1L year, or throughout their three or four years of law school? Are you expected to lift registration holds? To advise students holistically about careers, bar passage, courses, and degree requirements? To focus on your areas of experience and subject-matter expertise? Are there unspoken expectations such as inviting advisees to your home for dinner? Once you know the expectations, you can work more effectively with your advisees.

Do your homework. Your advisees are expected to be familiar with a wide variety of materials such as graduation worksheets, catalogs, course selection guides, and student handbooks. You should be, too, even if your advising role is limited to mentorship. At least once a year, review the print and web materials relevant to your school's requirements and curriculum. For instance, while you need not know the details of all the certificate programs your school offers, you should have some knowledge of what programs exist and where to find more information. Likewise, familiarize yourself with key people within your school and their areas of expertise. The expert on the bar admissions process, for example, might be the registrar at one school and the academic support director at another. It goes without saying, but don't overlook the expertise of staff as well as faculty and administration.

Start by connecting to your advisee as a person, not by plunging into course offerings, doctrinal law, or career goals. Ask about what's important to them. Many students think they must immediately express an interest in a particular area of law, and they may be embarrassed if they haven't settled on one. Reassure them that they don't have to make those choices immediately. Some students already have a good idea of the practice they want after law school (prosecutor? family firm? general counsel?); when they do, advising is admittedly easier. But if not, ask questions to unearth what is most meaningful for them. For example, some students might want to focus their law school experience on ways they can help immigrant communities. Others may be looking for any position with enough flexibility that they can always attend their kid's soccer games. Others may be place-bound, whether from desire or necessity.

Encourage students to focus on intrinsic motivations. As Lawrence Krieger writes in The Hidden Sources of Law School Stress,

[A] primary focus on external rewards and results, including affluence, fame, and power, is unfulfilling. These values are seductive -- they create a nice picture of life but they are actually correlated with relative unhappiness. Instead, people who have a more "intrinsic," personal/interpersonal focus -- on personal growth, close relationships, helping others, or improving their community -- turn out to be significantly happier and more satisfied with their lives.

Suggesting possibilities and alternatives, while tying these possibilities to their values and goals, is the single most important service you can provide as an advisor.  A good phrase is "Have you ever thought about . . . ?"

For example, the student who is place-bound in a small-town area might lean towards a typical small firm practice specializing in a few areas like family law and estate planning. But with the great strides in technology, a boutique practice might be in order, or acting as a contract attorney, or half a dozen other alternatives. Students whose impetus is to help immigrant communities may initially think only of practicing immigration law; you can broaden their horizons by suggesting that small business practice, bankruptcy, criminal law, or elder law could be equally valuable practices in helping these communities. Once students understand the multiplicity of options, they are more receptive to suggestions about the variety of courses, externships, clinics, and other experiences that can help them flourish.

When you discuss academic and practice alternatives (such as certificate programs, externships, clinics, moot court, and law journals), do so in the context of possibilities and alternatives. Be enthusiastic and informative, certainly, about your own courses and field -- if not you, who? -- but your primary advising purpose is not to be a shill for your own interests, but a mentor helping the student start the practice of law on a solid foundation.

Emphasize the long view. Extraordinary opportunities often carry short-term costs: a life-changing externship might require separating from loved ones for some weeks; an apposite course by a demanding professor could carry the risk of a dip in GPA. Here's where the credibility you have built with advisees can really pay off. Acknowledge their concerns, but point out what will have the greatest payoff over the long term.

Never undermine students' choices. Students value your opinions, so it hits them hard if your explicit and implicit messages that "real lawyers" follow a particular path (judicial clerkships, BigLaw, litigation, etc.) suggest that their own choices are second-best or even illegitimate. No field of law and no career path is beneath even the most talented student. While top students have a wealth of opportunities, they should not be browbeat into thinking certain fields are beneath them.

Connect. You have a valuable web of connections inside and outside the law school. Help your advisees tap into this network by referring them to others with knowledge and experience. As a practical matter, don't count on memory -- before advisees leave your office, make sure either you or they have written down not only the names of your referrals but also why you are referring them.

Respect the validity of other advising viewpoints. Students will discuss their future plans with many lawyers, both in and out of the law school. Because we as lawyers have different backgrounds, experiences, values, and areas of expertise, we as advisors will have different viewpoints, and inevitably some of these will clash. Students will notice the areas of disagreement, so it's vital for us to acknowledge the validity of other viewpoints even as we advocate our own. This is a great way to model the professionalism and civility we espouse.  

(Nancy Luebbert)

March 20, 2019 in Professionalism, Teaching Tips | Permalink | Comments (0)

Wednesday, March 13, 2019

Lest We Ass-u-me

In the mid-1950s, my father entered the heady field of computing. The astounding MOBIDIC, a mobile computer so small it could fit into the trailer of a semi, was his first major project; over the next three decades, he went on to teach computing to generations of West Point cadets and to write What's Where in the Apple, a book some called the "Bible" for the powerful (64K!) personal computer, the Apple II. Immersed as he was in computing, though, he struggled in teaching its fundamentals to his daughter. Patiently he would teach me what it meant to "boot" and the difference between ROM and RAM. Then just when I was congratulating myself on having achieved the intellectual equivalent of a breakneck 5 mph, he would accelerate up to Warp Factor 2 into ASCII and BASIC and FORTRAN and COBOL. Alas, this felt to me like being asked to do differential calculus right after mastering the times tables. Ironically, because his subject was so familiar to him, the skilled educator who introduced me to the old chestnut "When you assume you make an ass out of "u" and "me" himself assumed that any bright person could make the same intellectual leaps he had made.

Much of the time, we take the knowledge or experience of others for granted. In yesterday's blog post "Consider the Inconceivable," Bill MacDonald talked about the prevalence of the incredulous response of How can people not know that?  When we're steeped in the midst of a culture (whether something as specific as a particular government office or university department, or something as diffuse as upper-middle class culture), matters that are opaque to others seem obvious to us. Administrators assume that faculty and students will know unwritten procedures like which committee to go to for different types of appeals. Instructors assume that students will know how to upload assignments on course management software, or even more fundamentally, that they understand that if they need help they can ask for it. But with all the differences between people -- cultural, generational, educational, social -- it's vital for us to continually test our assumptions and to modify our spoken and unspoken messages as needed.

Here's a wee, out-of-the-classroom example of how even minor assumptions can impinge on law student success. Last semester I had practically identical conversations with two different students several weeks apart. Both told me they were having difficulty finding a time to meet with me. I was surprised, not in the least because one of them regularly walked by my office several times a day. Not only was I scrupulous about keeping office hours, but my door (opening onto the main faculty hallway) was literally wide open most hours of the day. In fact, because my new office seemed so accessible, I had reduced the number of fixed appointment times on the somewhat cumbersome appointment system to accommodate more drop-in opportunities. It turned out, however, that the students and I had conflicting assumptions about my availability: I assumed the open door would make them feel free to walk in; these deferential students, on the other hand, assumed instructors would not want to be bothered outside of fixed office hours and appointment times. The first conversation I thought was a fluke, but after the second conversation I realized my assumption that "wide open door means students are welcome" was not shared by all my students. I had to move past thinking something was obvious to bridge the communication gap. Only by stopping and really listening could I discover the problem and take steps to communicate my availability in additional ways, both implicit and explicit.

The longer I'm an educator, the more my empathy has increased for my dad's attempts to teach me about his life's passion. Even for an ASPer, it's not easy to restrain myself from accelerating to Warp Factor 2 when teaching intelligent, motivated students. To best help them, though, every day I need to mindfully practice slowing down, listening, testing the verbal and non-verbal messages I convey, and correcting those messages that indicate I'm straying in the direction of becoming a long-eared equine.

(Nancy Luebbert)

March 13, 2019 in Learning Styles, Miscellany, Professionalism | Permalink | Comments (0)

Tuesday, March 12, 2019

Consider the Inconceivable

Two stories that I heard recently have been echoing off of each other in my mind, because of what they say about the human reaction to things that we, personally, would never consider doing.

The first was told to me by a fellow professor at my law school.  She said she had been talking with two of her teaching fellows -- conscientious and diligent 3L students with excellent grades -- about the upcoming July 2019 bar exam.  She conveyed to them a recent conversation she had had with me, in which I had told her about the data that showed that many students who were not passing the bar on their first attempt had also not been fully participating in their summer bar prep courses.  She had expected that these top students would share in her incredulity that anyone would not commit themselves 100 percent to their summer bar prep . . . but was astonished when their actual incredulity was prompted by the suggestion that fresh law graduates really ought to do just that.  Each of them had just assumed that, being newly-minted lawyers with excellent academic credentials, they were already mostly well-prepared for the bar exam.  They told her they'd figured they'd watch maybe half the summer classes, in the subjects they had never studied before, and do some of the practice exercises, and that would be enough to bring them up to speed.  Flabbergasted, the professor explained to them why it was important to sit through every lecture in every subject and to participate in as many practice exercises as possible, because the bar exam would be so very different from everything they had done before it.  

Fortunately, these students respected this professor so much that they took her word as gospel, thanked her profusely for telling them what they needed to know, and promised to throw themselves wholeheartedly into their summer bar preparation.  She told me this story partly to make the point: We think it's the struggling students, the ones who already have problems juggling all their assignments, who are the ones who flake out over the summer, but even top students can have the wrong impression about what is required for their success on the bar.  Even as she was telling the story, though, she was still clearly shocked: How can people not know this?

I read the second story this week, when it was widely reported that a woman in Arizona was attacked by a jaguar when she tried to take a selfie in front of the creature.  The beautiful black feline was pressed against the side of its cage, and the woman decided she wanted a photo of herself with the cat in the background.  There was a metal barrier, designed to keep people a minimum distance from the side of the cage, but the woman stepped over it so she could get a closer shot.  When she was within reach, the jaguar stuck its front leg between the bars of the cage and sank its claws into the woman's arm.

This story has been widely reported, and those reports usually feature two snarky points.  One is a criticism of the ubiquitous modern urge to take selfies, even in dangerous situations.  The other is a disdainful incredulity that anyone would blithely cross a safety barrier to put themselves in range of a pawful of tiny daggers.  How can people not know this is a bad idea?  Why, as several news outlets pointed out, the same jaguar did the same thing only last summer, clawing a man who had stuck his arm behind the barrier reaching towards the animal!  Doesn't that just prove what a bad idea it was?  

This last part is why the stories have been resonating for me.  I'm only human, so I enjoy news stories like this, and tweets and memes like Florida Man and Darwin Awards, that purport to showcase just what poor decision makers humans can be.  Can you believe these people? [shakes head and rolls eyes] But the fact that the same animal made the same kind of attack less than a year ago doesn't make the story funnier.  It turns the story sour.  Because the woman who was attacked didn't know about the previous attack.  If, outside the jaguar's cage, there had been a photo display of the man attacked the previous summer, showing the eight stitches he had received just by reaching over the barrier, maybe the woman would have thought twice about cozying up to Panthera onca.  Was not sharing this information with her justified simply because the man's behavior was simply inconceivable to most people?  Because it was not inconceivable to her.

My colleague told me her story essentially for that reason -- she knows how many 3L students I work with, and she wanted to alert me to the need to tell all of them, not just the obviously struggling, about the consequences if they step too close to the jaguar cage by not fully participating in their summer bar courses.  I am grateful to her for that.  Sometimes when you tell people about some of the reasons students do not succeed at school or on the bar -- not participating in a bar prep course, say, or trying to work full-time and study full-time simultaneously -- their dismissive reactions are more along the lines of Can you believe these people? [shakes head and rolls eyes] Sometimes I find those reactions hard to believe in an educational setting, but I feel it is my job to find a way to help those people see that incredulity does not have to forestall empathy, kindness, and instruction. 

[Bill MacDonald]

March 12, 2019 in Bar Exam Preparation, Encouragement & Inspiration, Exams - Studying, Learning Styles, Professionalism | Permalink | Comments (0)

Tuesday, March 5, 2019

Beyond Your Imagination

As the school comes out of the dark and chill of winter -- not that that's happening all that quickly here in Buffalo -- and over the next couple of months, before we reach the crescendo of crunch time going into final exams, our students find themselves presented with a plethora of networking opportunities.  There are dinners and events hosted by student organizations to bring current students and alumni together.  There are panel discussions featuring practitioners in different fields.  There are alumni and alumni groups inviting the students to come meet potential mentors or even employers.

I believe that networking is not just good for career advancement.  It can also enhance one's academic experience.  At any given event, a student might meet someone who inspires them, someone who can help them grasp a particular subject, or someone who helps them envision a path through school and beyond that might otherwise have eluded them.  And I frequently tell my students, "The law is a social profession."  So I encourage all my students -- and especially my 1L students -- to participate in these events, even if they don't see what they might get out of it.  Sometimes what grows out of a new acquaintance is entirely unpredictable.  And if students are still a little dubious or hesitant, I have a story to tell them.

In the 1920s and ’30s, Arthur Murray became the most famous dance instructor in history, first through his mail-order business –- he invented a system of teaching dance by means of footprint diagrams, an idea that was sparked by a conversation he had had with perennial populist presidential candidate and anti-evolutionist Scopes Monkey Trial counsel William Jennings Bryan, of all people –- and then through the “Arthur Murray Dance Studio”, a chain that still exists today. Through the 1950s, Murray and his wife hosted a TV show, The Arthur Murray Party, which consisted in part of dance competitions between celebrity guests.

One such competition pitted the smoldering Latin actor Ricardo Montalban against the well-known ventriloquist Paul Winchell. Montalban was a star in his native Mexico and had had some success in Hollywood, though nothing like the fame he would achieve some two decades later as Captain Kirk's enemy Khan Noonian Singh in the Star Trek franchise and the mysterious Mr. Rourke on the series Fantasy Island.

Winchell, like Edgar Bergen, had inexplicably found national renown as a ventriloquist on a radio show, and later hosted TV series with his dummies Jerry Mahoney and Knucklehead Smiff. From the 1960s onward, Winchell would be better known for his voiceover work: he gave life to chronic Smurf-hater Gargamel, to the leader of the Scrubbing Bubbles, and, most memorably, to Winnie-the-Pooh's elastically hyperactive friend Tigger. Perhaps his latent inner Tigger gave him an edge in the dance competition, because he defeated Montalban and took home the Buick (which sounds like a euphemism, but the car really was the grand prize).

Talented as he was as a performer, Winchell’s earliest career ambition was to become a doctor; but, when he was a youth, his family could not afford medical school. He retained a lifelong interest in medicine, though, even earning a degree and working in acupuncture in the 1970s. It was therefore quite natural that Winchell should form a connection with Arthur Murray’s son-in-law, a man named Dr. Henry Heimlich, when they met during the taping of the Winchell/Montalban dance-off. Around the time Winchell was going to acupuncture school, Heimlich would be lauded by some (including himself) as the most well-known physician in America, after his article in Emergency Medicine introduced the life-saving technique he termed “the Heimlich maneuver”. But in the 1950s, he was a more-or-less ordinary practicing surgeon, and Winchell was delighted to make his acquaintance.

Over the next several years, Winchell and Heimlich stayed in touch, and Heimlich even invited Winchell to join him several times in the operating room as an observer. It was during one of these operations that Winchell came up with an idea for a functional, implantable mechanical heart, one that could theoretically be used to replace a diseased human heart. He drew up the plans, consulting with Heimlich on the medical details, and in 1956 applied for a patent on the device he had invented. By 1963 he had been granted the first patent in the United States on a fully implantable artificial heart. Eventually, Winchell would contribute this patent to the University of Utah for use in its artificial organ design program — the same program from which Dr. Robert Jarvik produced the first successfully implanted artificial heart. That device, the Jarvik-7, formed the basis of the Syncardia temporary Total Artificial Heart, which has been used in more than 800 patients.

So. Tigger faced the wrath of Khan on the dance floor and, as a result, met The Most Famous Doctor in America, who helped him invent and patent the world’s first bionic heart, contributing at least in a small way, to saving the lives of 800+ people.

Could Winchell have predicted this when he agreed to participate in The Arthur Murray Party, or when he made the acquaintance of strangers like Heimlich backstage?  Of course not.  Nor can our students predict who they will meet, and what they may take away from those meetings, when they put themselves out there among alumni, practitioners, judges, and clients.  And that's the beauty of being open to such experiences.  You literally cannot imagine all the good things that may come of them.

March 5, 2019 in Advice, Encouragement & Inspiration, Meetings, Professionalism | Permalink | Comments (0)

Wednesday, January 9, 2019

The Month of the Janitor, Part II

Act I, Scene I

It was the era of back-to-the-land, and I was not immune to the lure of the times. After years of practicing public history, I decided to take a new direction by moving to a cabin in the woods, living a lifestyle of voluntary simplicity, and picking up odd jobs to pay for my groceries and chainsaw.

Eager to establish ties in my new community, I was thrilled to accept a dinner invitation from my college's regional alumni association. Shedding my sawdust-covered jeans for a dark suit, I joined fellow alumni (mostly doctors and lawyers, as it turned out) to reminisce about professors, teams, Winter Carnival, and dormitory pranks. I felt at home at the swank gathering until a 40-ish lawyer asked, "And what do you do?"  Happy to share my journey, I replied, "Right now I'm working as a janitor to . . . ." My sentence died in my mouth as the lawyer turned away, along with everyone else within earshot, as though my lowly position tainted me irreparably.

Act I, Scene II

Ten years later, when I worked temp jobs at a university between fire seasons, everyone in the Plant Sciences department gushed about their custodian. She was the consummate professional, efficiently finishing her long list of assigned duties before the end of each shift. With the remainder of her time, she talked with students, staff, and faculty about how she could help them improve their work spaces, and she worked on these extra projects as time allowed. The laboratories, offices, and hallways gleamed under her care.  She befriended anxious freshmen, guided befuddled visitors, and shared good cheer with all. When she was reassigned to a different building on campus, the entire department mourned her departure and turned out to wish her bon voyage.

Act II

As a freshly-minted academic support professional, I noticed a curious phenomenon. During fall semester, when 1Ls were nervous about their ability to master the demands of law school, they were, by and large, respectful to those they encountered during the course of the day. But a few weeks into second semester, with grades out and the confidence of actually becoming future lawyers, behaviors began to change for a significant portion of the class. While full professors were treated with deference, instructor-level faculty received lesser courtesy and staff were sometimes addressed with a brusqueness that crossed the line to rudeness. The cleanliness of the building suffered: restrooms were littered with paper towels thoughtlessly tossed, spills remained on floors, and dishes piled up in lounge areas, as if it was the duty of the custodians to serve as vassals to self-important students who were superior to them.

The Moral of the Story

"Every calling is great when greatly pursued," declared Oliver Wendell Holmes, Jr. The beginning of the second semester, when grades are released, is a particularly critical time for students.  Most gain the confidence that they will become lawyers.  Others bravely face the reality that they should contemplate a different future, either because law does not feed their soul, or because legal reasoning is such a struggle that it is better to pursue a different vocation. Whatever their path, every person involved in legal education needs to remember that it is not financial success, or academic degrees, or career status that defines a professional. Rather, it is respectfully and ethically using one's talents in the service of others, whether in the courtroom or as the janitor. Professionalism always involves treating others with the respect that acknowledges their inherent dignity and value. As we help our students take the lessons they need to from what they have been through, and to prepare for the tasks they lie ahead of them, an important part of our task as gatekeepers is to remind our students of the dignity of every person and the greatness of every calling.

(Nancy Luebbert)

January 9, 2019 in Encouragement & Inspiration, Professionalism | Permalink | Comments (0)

Monday, October 8, 2018

Japanese Math Teachers Could Be a Model for Improving Legal Education

Sputnik changed teaching forever.  Falling behind the Soviet Union in the race to space caused people throughout the US to evaluate how we were teaching science and math.  Numerous theories ignited thought, and many individuals wanted the US to be the world leader in technology.  Unfortunately, we never fully realized our potential.  The US continually lags behind on the international math exams, and we are at fault.

Japan is widely seen as the technology innovator.  They continually score higher than all the other counties on the international math exam.  They use a unique form of teaching focusing on one problem, but the hardest aspect to swallow is Japan’s success is primarily built on the US theories developed after Sputnik.  The US failed to deploy the new theories throughout the country.  Japan capitalized on Americans’ work to produce a technologically advanced society.  Sputnik changed teaching, but unfortunately, the changes happened in Japan.  Now, we need to look to them to train our teachers.

Elizabeth Green describes the American failure and Japanese success in an article in the New York Times Magazine.  The Japanese practice of jugyokenkyu, translated lesson study, could help law schools improve.  Jugyokenkyu is when “[a] teacher first plans lessons, then teaches in front of an audience of students and other teachers along with at least one university observer. Then the observers talk with the teacher about what has just taken place. Each public lesson poses a hypothesis, a new idea about how to help children learn. And each discussion offers a chance to determine whether it worked.”  Jugyokenkyu approaches teaching as a collaborative effort with feedback.

Obviously, law schools don’t need specifics for teaching math.  However, numerous reports, recommendations, and standards haven’t changed legal education.  Maybe it is time for law schools to embrace jugyokenkyu.

The foundation for jugyokenkyu is deliberate preparation with goals; performance for students and colleagues; and feedback from experts.  In ASP, we know that process works.  We tell students to take practice exams, seek feedback, and make changes for the next exam.  In LRW, professors tell students to put down papers for a few days because individuals tend to read over errors in his/her own work.  If those are true for our students, then those statements are true for us.  We need feedback from someone who understands teaching law students to know whether our methods are working.  We will miss our own mistakes just like reading over an error in a brief.  We need deliberate practice with feedback as much as students.

The amazing transformation of Japanese math teaching is the anomaly, but we should attempt to follow that trend in legal education.  Theories, ideas, and published articles didn’t change America after Sputnik, so continuing that failed practice won’t change legal education.  I know I am saying this in a blog.  However, let’s consider how we can take steps to make lasting improvements to help our students.

My first suggestion is work within our own law schools.  Find a group of individual professors who are determined to help students learn better.  Start small with each person in the group deliberately planning a lesson.  The rest of the group observes the lesson, or someone can record the class for observation.  Everyone should then meet and talk about the lesson.  If each person in the group does that twice during a semester, the evaluation and critiques would help everyone. 

My next suggestion is to work with ASPers at other schools.  I know the quickest response to the last suggestion is “no one at my school would do that.”  While I believe there are at least a couple professors who want to improve teaching at every school, inter-school feedback can work.  We could create a TWEN page or page on the AASE site where we post videos of our teaching.  Others within the community could then watch and provide feedback.

ASPers posting lectures would provide an additional benefit for the annual conference.  We could see others’ lectures we hear about at AASE.  Some of the presentations always talk about how he/she teaches students a particular concept.  If that lecture was already posted, we could watch the lecture prior to the presentation and have a deeper discussion of teaching.  We could also have round table feedback sessions on teaching from lectures posted.  As we change our area, we could talk about it in our law schools to get other professors on board.  We can spread jugyokenkyu throughout law schools.

We continually hear that legal education needs to change.  Similar to k-12 education, entities demand we use better practices.  Demands generally don’t lead to widespread change.  Feedback from experts, who are our colleagues, is how Japan became the best country for math in the world.  We should try a model that works instead of continually following the same failed practice.

(Steven Foster)

October 8, 2018 in Professionalism, Program Evaluation, Teaching Tips | Permalink | Comments (0)

Tuesday, October 2, 2018

Lawyers in Academic Support: Part I

One thing that distinguishes law school culture from that of many other professional schools is the high percentage of people in student services who already possess the degree most of their students are trying to obtain.  I have never done an exhaustive analysis (but woo hoo! Research opportunity!), but in my personal experience the majority of people working in law schools in the areas of Academic Support or Career Services are law school graduates, and so are a fair number of people working in areas like Admissions and Libraries.  A quick dive into the Internet suggests that medical schools and business schools do not hire their own graduates for student services at nearly the same frequency.  In fact, when I checked out the staff of five med school Academic Support units and five law school Academic Support units, no one in the med school units possessed an M.D., but each member of the law school units possessed a J.D.

There are no doubt many forces pushing towards this odd result for law schools.  One that is practically taken for granted is the idea that someone who already possesses a J.D. is far better positioned than anyone else to really understand what new J.D. students are actually going through.  Part of this assumption is perfectly practical: people who already have their law degree have presumably already learned all the elements unique to the practice of law.  We can “think like a lawyer”; we can wield IRAC without effort; we understand federalism and common law and stare decisis and all the idiosyncrasies that our students have to contend with while navigating the rigors of study, time management, and exams.  This is not to say that non-lawyers couldn’t provide wonderful support to law students.  There is just a general belief that lawyers have a head start on understanding the context into which everything fits.

At the same time, law school alumni are apt to think that they can understand what law students are going through because the alumni were students once, too.  We remember the dread of our first cold call in class; we remember plodding through civil procedure and constitutional law; we remember trying to juggle classes and law review and OCI all at the same time.  Like military veterans of different eras, maybe we didn’t fight on the same battlefield, but our students don’t have to tell us what it’s like, man.  We know.

Except . . . we don’t always know.  We know a lot of things, to be sure; for me, not a day goes by that I don’t relate some student’s challenge to one of my experiences in law school.  Education is always a boon.  But the longer I do this work, the more I find that I have to work to find out what my students’ present experience is really like.  This is in part because law school is always changing and evolving.  Each class’s relationship to electronic research, for example, is just a little bit different from that of the previous class.  Economics change, student populations change, hot button issues change.  But these big changes, I think we do a fairly good job of staying on top of.  In fact, sometimes it seems Academic Support is ahead of the curve, and can help bring other members of the law school community – for example, those whose specialties do not change much from year to year – up to speed on them.

What I really find myself having to pay more attention to each semester is my students’ day-to-day realities.  Some of the mistakes I made when I first started providing academic support came about because I was taking a “one-size-fits-all” approach, and only with experience did I realize that it was really more like “one-size-fits-me”.  I was teaching to my experience in law school.  

Now, I am no longer satisfied knowing what classes my 1L students are taking each semester – I need to ask their individual professors for their syllabi, so I can know what topics they are hearing about each week, so I don’t assume that their Torts professor started off, like mine, with intentional torts, and therefore so I don’t pose a hypothetical that half my class can’t answer.  I try to participate in student club events, like fundraisers or dinners, so I can hear about mundane practical issues – things like parking and child care and the timing of holidays – that I never thought about in school, but some of my students have to.  I talk to other faculty and staff to find out the schedule of moot court and mediation competitions, visits from employers, and off-campus learning opportunities – stuff I was not particularly interested in myself when I was in law school – so I can better understand why a particular student might be coming to talk to me about a certain writing or time management issue.  I seek opportunities to listen to students who come from different locations, cultures, and economic circumstances, so I can be aware of what going to law school now is like for them.

Being a lawyer means having been a law student, and having been a law student can be a tremendous advantage when your job is to help other law students.  But having been a law student does not mean you have been all law students. 

(Bill MacDonald)

October 2, 2018 in Advice, Diversity Issues, Miscellany, Professionalism, Teaching Tips | Permalink | Comments (0)

Monday, August 6, 2018

The New Magical Journey

Excitement is mounting. A magical experience begins in the coming days. Joy and the nerves of the unknown rise. I could be describing a 6 year old’s feelings the day before seeing Magic Kingdom or the emotions of someone starting law school. Law school has the potential to be just as magical as Mickey pancakes.

The adrenaline will be high the first few days, but try to soak it all in. You only get to start law school once.  If you embrace the new journey, it can be eye opening.  Disney World is hot, muggy, expensive, and crowded the vast majority of the time, but it is still the happiest place on earth.  Law school can be hard, time consuming, and draining, or it can be a thought provoking and transformative experience.  Enjoying law school is about the perspective during the mundane of daily activities.

Law school magic is all around.  Learning how to "think like a lawyer" is similar to seeing all your childhood movies come to life.  Hearing numerous different people try to explain IRAC, CIRAC, CRAC, or any other legal analysis method is just like A Small World.  The song is the same just using different languages.  Some professors are larger than life like Mickey.  Some classes will be exhilarating like Space Mountain, while others will be the Jungle Cruise, predictable and full of bad jokes.  Every class will provide pieces to the larger puzzle that lays the foundation for the practice of law.   

As you embrace the magic, understand you are joining a new profession. My biggest suggestion for law school is to treat this unique opportunity as your new career. You will make an impression on both colleagues and professors starting now. References and referrals many years down the road are impacted by what you do starting day 1.

Treating law school as a career includes preparation. Start your day early. Attend every class unless an emergency or sickness arises. Adequately prepare for each class. Everyone is different, but my adequate preparation required slowly reading each major case while briefing it. Some students will skim the case and then read it again to make the brief. The key is to prepare as if this is your job. You wouldn’t, or at least you shouldn’t, show up to work unprepared or ignore your bosses instructions, so don’t show up to class without doing the assignments from professors. Finals are much easier to prepare for when you do the work throughout the semester.

Joining the profession also requires passing the bar exam in a few years. No one wants to think about the bar now, but your actions on the first day will impact bar preparation. I can virtually guarantee the material from the first week of law school will be on the bar. The more effort you put in right now, the less stress during bar prep.

 

This is an exciting journey and will be as magical as you make it. Treat this as your new profession and have fun.

(Steven Foster)

August 6, 2018 in Encouragement & Inspiration, Professionalism, Study Tips - General | Permalink | Comments (0)

Wednesday, April 25, 2018

Am I Still A Baby ASP’er?

As my students transition into exam study mode and I start to close out all of the activities of this academic year, I have started to reflect on my accomplishments and goals. Reflection of this depth does not happen very often but I have a present awareness as I prepare for my series highlighting veteran members of our Academic Support (ASP) community. Last May, I sent a number of individuals who I consider veterans (10 years or more doing ASP work) a list of questions to guide what I wanted to know about them. I did provide some flexibility but most answered all of the questions. As I approach the ten-year mark as an academic support professional and about the thirteenth year if we count law school and graduate school, I am even more curious about what everyone has to share.

I never understood what people meant when they would say they looked up and ten years had flown by. Now I do because it is happening to me. I believe that this is a great time to reflect on where I am, whether it is what I envisioned for myself, what things are working well, what things are not working so well, and where I see myself in the years to come. It is a great time to have new or modified aspirations. This is certainly something everyone should consider whether a few months into ASP work or several years in. I have decided to borrow from my student affairs and career services colleagues, specifically what they tell students to consider as they try to navigate a professional career. It is unlikely that I will share all of my personal reflections but I will list some of the questions they tell students to consider but I will also list some of the questions I would ask students in my past life as a diversity and academic advising professional.

A. Self-Assessment

• What do I need from my career? (what role it plays in my life)

• What makes me feel truly fulfilled? (how do I measure success)

• What do I know about myself that helps me make good career decisions?

• What is important to me based on my personal values and beliefs?

• What do I know about my personality and style?

B. Skills Assessment

         • What skills, experiences, and knowledge have I acquired?

• What skills, experiences, and knowledge would I like to acquire?

• What responsibilities do I have/have I had?

• What have I achieved?

• What are my strengths?

• What have been the highlights of my career and life to date?

C. Set Goals & Plan

• Are my talents being used and developed? If not, look for opportunities that allow you to use or develop the talents you have.

• Identify and exploit opportunities that address gaps in knowledge, ability, and growth.

• Select worthwhile but realistic goals.

• Consider steps you need to follow to accomplish my goals.

• Be flexible.

• Consider what will keep me motivated to achieve my goals.

I am certain that there are more sophisticated assessments and questions available but this is somewhere to start and verbalizing or writing these things down can be powerful. Also, if you have a person who helped you along the way as an ASP professional and who you trust, use them as a sounding board.  Moreover, if you know of an ASP veteran that you would like to see spotlighted, please email me their name and school and I might be able to highlight them. (Goldie Pritchard)

April 25, 2018 in Academic Support Spotlight, Advice, Professionalism | Permalink | Comments (0)

Thursday, April 12, 2018

The Art of Living: "Talk Less; Listen More" says Columnist Writer

I'm a clipper.  That's right.  I keep an assortment of articles that intrigue me and then I return to them periodically to reflect on what I have learned.  One article caught my attention today...and...just in the nick of time.  You see, I'm just plain tired out.  Perhaps you are too, trying to do too much and to be too much.  Just spread out too thin to make much of a difference in the world, it seems.

So with classes starting to come to a close for many of us and our law students, I thought I'd take a pause to reflect on some principles that might help me become better at being better.  Here's what I mean by that.  Rather than being better at doing things, perhaps I might become better at being, in short, at being human.  I love that word "being" because it deals with the "hear and now" rather than the tomorrows.  It's loaded with action...in the present moment.  So, what action did I take that helped me get back to the present today?

Well, I've been carrying around an article that I clipped out dealing with New Year's Resolutions.  With so much stress right now as I try to finish teaching my courses, preparing for finals, and getting ready for the summer bar passage season, I thought that now was the perfect time to reflect on what I had learned about being a better person from an article entitled "Set the Bar High for Your 2018 Resolutions" by Jason Zweig (Wall Street Journal dated December 30-31, 2017), available at:   https://blogs.wsj.com/lessismore  Here are some of the quotes:

  1.  "Talk less; listen more."  Unfortunately, much of the time, I'm talking but not listening.  I love the advice here because it helps remind me to appreciate the other person, to value the other person, to embrace the other person.  On a personal note, within the world of academic support, I find that I am often too quick to provide solutions before I've yet to even understand the problem. So, this is great advice when working with students too.
  2. "Learn something interesting every day."  That's right; be curious.  As I drove to school today, I was passed by a school bus.  That's right - a school bus.  Yes, I am a slow driver (at least usually when I'm headed to work; much faster when I'm headed home!).  As the bus passed me by, I happened to notice something strange about the school bus.  It was from a public school that was named something like "The School for Expeditionary Learning."  That got me thinking.  Perhaps that's the way that I might better describe the learning process with my students.  Be courageous in your learning. Be daring in your learning.  Be expeditionary in your learning.
  3. "Get home 15 minutes earlier. It will make you 15 minutes more efficient the next day."  To be honest, I'm not quite sure I understand this advice. But, here's my take nonetheless.  Much of my day is hurried and busy because I let it be that way.  Take for instance email and messaging.  Rather than disabling notifications, I just keep getting these pop-up alerts, right from the get-go of my day, taking me off message from what my first priorities ought to be.  So, here's my take on this quote.  Disable notifications.  Only look at email in the middle of the day after I've already worked on the big tasks at hand.  Don't let the little things get in the way of doing the great things each day.
  4. "Stop walking with your phone in your hand all of the time. Look up and see how beautiful and strange the world is."  I did one better, at least I think so.  I am practicing leaving my phone in my car while at work.  That's because I find that even if I just carry my phone with me I feel drawn to it.  So, I make it unavailable to me in order that I can't fall prey to its tantalizing alerts and beeps that so often distractingly beckon for my attention.
  5. "Introduce yourself to all the people at your job [school] whom you see every day but haven't met yet."  As a corollary to no. 4 above (leaving your phone behind while at school), you'll have a lot more time to actually take note of the people around you.  So, share a smile with them.  Look one another in the eyes.  Maybe even say a friendly word or two.  You see, I suspect that one of the loneliest places in the world is right in the midst of the crowd, especially a law school crowd.  If true, there are many people all around us that are yearning for a place of fellowship, a place of relational togetherness, a place to belong.  That's definitely me.  So, rather than wait for others to say hello, I thought I'd just take the initiative and extend a friendly greeting to those I know...and those I don't too.  The more the merrier!  

 With all of the stresses and strains of our busy law school lives, I was so glad that I happened to clip this article.  It reminded me that often its the little things of the here and now that are really the great things.  Unfortunately, so often I have it backwards.  I'm busy, so busy that I don't have time to do anything meaningful at all.  So, I took a brief pause today to remind myself of what it means to be a human being in relationship with others.  That sure looks much more exciting that staring yet again at my phone.  So, have fun smiling...and being too!  (Scott Johns).

 

 

April 12, 2018 in Advice, Encouragement & Inspiration, Professionalism, Stress & Anxiety | Permalink | Comments (0)

Sunday, January 21, 2018

Ready to Succeed - or Not

We are finishing our second week of classes. As part of the start up, I have been meeting one-one-one with probation students. We will have weekly appointments during the semester to assess strengths and problems, implement strategies, and monitor progress. The first appointments with students always give me a great deal of insight into their mindsets on success.

Here are some of the characteristics of the students on probation who are ready to succeed this semester:

  • They arrive on time or ahead of time for their appointments.
  • They take out a pen and paper or laptop to take notes during the meeting without prompting from me.
  • When asked to fill out an information sheet, they can list fall courses/professors/grades and their spring courses/professors without having to look them up.
  • They have reflected on last semester's grades and study strategies and can articulate some ideas for improvement.
  • They ask questions throughout our discussion to clarify points or inquire about areas we will cover this semester.
  • They have started the exam review process with emails to some of their fall professors before seeing me.
  • They use a daily planner or electronic calendar to record assignments and the date/time of our next meeting.

And then there are students on probation who do not seem ready to succeed yet (fortunately a small group). Hopefully that will change after grade shock/anger/angst has passed.

  • They have not scheduled an appointment with me before the end of the second week of classes as required by the law school
  • They "no show" the first appointment or arrive late to the appointment.
  • They come to the appointment without anything - no pen and paper, no laptop, no knapsack, nothing.
  • When asked to fill out an information sheet, they do not follow clear instructions or cannot remember the information to complete a section.
  • They have not given any thought to the last semester's grades beyond "if I had been in the easy section" or "Professor X's exam was too hard" or "I wouldn't have been on probation if I just got a D+ in Y course instead of a D" or other answers that are basically non-reflection.
  • They scowl, slouch in their chairs, sigh deeply in boredom, or exhibit other signs of frustration and animosity for having to meet.
  • They make no notes on assigned tasks or the date/time for the next meeting.

Past semesters reassure me that the second group of students will come around. It may be several weeks before they are ready to take advantage of new strategies, but they come around at least 95% of the time. Unfortunately, if it takes too long to do so, they will have lost valuable time.

But I live in hope. (Amy Jarmon)

 

January 21, 2018 in Learning Styles, Miscellany, Professionalism | Permalink | Comments (0)

Monday, October 23, 2017

The End of October is Approaching

It’s hard to believe that we are already heading towards the end of October. It seems like the Fall semester just started.

As the end of October approaches, many students are trying to figure out what they plan to wear for their Halloween parties. They are also trying to figure out what they need to do for the rest of the semester as well.

By now, 1Ls have heard of this “outlining” word. But, they may not fully understand what it means. They have read and briefed most of their cases, but they may not have a good grasp of how these cases link up with one another in their doctrinal classes. They may have been so focused on writing down and remembering each miniscule detail from their cases that they have neglected to see how each case from their individual doctrinal classes ties in with every other case in those classes. They may not be ready to attack a large final exam question that assesses their ability to analyze the various legal issues that they have covered throughout the semester.

As law school academic support professionals, we should be ready to assist 1L students as they negotiate the latter part of their first semester. Let’s remember that most 1Ls may not, at this point, fully understand the big picture law for each of their doctrinal subjects. Let’s remember that many 1Ls may not have fully practiced issue spotting and exam writing. Let’s be ready with a non-judgmental and empathic listening ear so that we can best serve each individual student. (OJ Salinas)

October 23, 2017 in Advice, Current Affairs, Disability Matters, Diversity Issues, Encouragement & Inspiration, Exams - Studying, Miscellany, Professionalism, Reading, Stress & Anxiety, Study Tips - General | Permalink | Comments (0)