Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Saturday, July 25, 2020

Using Peer Review for LRW Teaching and in Appellate Practice Too:  Peerceptiv and Eli Review

Tired of seeing yet another post on how to ______ [fill in the blank:  teach, write, argue, live] in our new virtual reality?  Exhausted from never leaving your home and Zooming all day?  Me too. 

In fact, I was reluctant to write one more blog on online writing tools.  However, my efforts to add new virtual tools to my teaching arsenal introduced me to two peer review software systems I believe can help us in the classroom:  Peerceptiv, https://peerceptiv.com/, and Eli Review, https://elireview.com/.  These peer review programs make anonymous online feedback easy, and encourage the writers to learn by editing others.  They also reminded me how much any law practice can increase attorney writing skills by using peer review.  See, e.g., Kwangsu Cho and Charles MacArthur, Learning by Reviewing, 103 J. of Ed. Psych. 73, 84 (Feb. 2011)   https://eric.ed.gov/?id=EJ933615

As an of counsel appellate lawyer at a large law firm, I often had the chance to be an “intermediate editor” who reviewed junior lawyers’ briefs before sending them on to the partners.  While I had been using informal peer review in my adjunct teaching for a few years at that point, I did not truly see how much editing others’ work makes us better writers until I experienced the phenomenon in practice.  When I noticed I was making the same annoying mistakes I’d been correcting as an editor, I knew my work for the junior associates was making me a far better writer.  Eli Review has a nice blog post on this “giver’s gain.”  https://elireview.com/2017/03/28/givers-gain/

My positive reviewing experience prompted me to add more ungraded peer review in my teaching and made me an advocate for the review process with clients and supervisors.  Like in-house moot court, the practice of adding an intermediate editor is not possible in every situation.  However, if you practice in a large firm or agency, consider adding a layer of review by mid-level writers to young attorneys’ work.  This review can actually save fees, by shortening partner review time, and can help create better briefs across the board.  And if you are in a smaller practice or have no budget for formal peer review, think about the techniques you like in your opponents’ papers, and incorporate those into your own writing.

In the digital classroom, we can use technology to enhance the peer review process.  Many thanks to Prof. Tracy Norton of the Touro Law Center for introducing me to Peerceptiv and for being incredibly generous with her time by running a Peerceptiv demo for the LRW community.  Similarly, I send thanks to Prof. Brian Larson of the Texas A&M University School of Law, who introduced me to Eli Review and also spent an incredible amount of time helping the LRW community with an Eli Review demo.  Neither Prof. Norton or Prof. Larson have any connection to these products, and I also have no affiliation with these companies and am just sharing their information to help others.

From Profs. Norton and Larson, I learned both programs ask students to submit a writing assignment online and then provide feedback on other students’ writing for the same assignment.  Students follow a set rubric in their reviews, and instructors can include the quality of the reviews students provide as part of their writing grades.  The whole process can be anonymous.  Professors using these programs raved about the technical support and positive student feedback from both.  Peerceptiv costs students slightly less than Eli Review, and both can be “textbooks” for your classes at less than $30 a year. 

The genius in each product is the science and math behind the assessment scores and review prompts.  Each product truly helps students grow as writers by combining the established science on peer review and some neat online features.  The math and engineering majors in my home called the programs “elegant.”

For example, Peerceptiv has the peers give a grade of 1-7 on the assignment and complete a four-part review.  Then, each student grades the reviews he or she received on a 1-7 scale.  Peerceptiv then assigns an overall rating for the assignment of 1-7 based on a combination of the student’s writing score and reviewing score.  The professor can set the percentages each score is worth, and the prof can also give reviews him/herself and assign a higher level of credit in the grade to his/her review.  Peerceptiv docs points when a review or assignment is late.  See https://www.peerceptiv.com/why-peerceptiv-overview/#curriculum.

If the Peerceptiv number system seems too much like the dreaded undergraduate “peer grading” to you, consider Eli Review.  Instead of assigning a number ranking to a student's writing and reviews, Eli Review asks students to pull the most helpful comments out of their peers’ reviews and make an express revision plan saying how they will incorporate the comments.  Eli Review does ask students to rate the quality of the reviews on a 1-5 star basis, with only truly exceptional reviews earning five stars.  See https://elireview.com/learn/how/.  This level of assessment forces the writer to give better reviews and thereby learn more about writing, but can help avoid concerns about someone other than a professor grading work. 

This fall, I will use Eli Review for short writing like simple case illustrations, and then will progress to peer-reviewed trial brief argument sections in the spring.  I plan to use Eli Review only for anonymous, ungraded work.  My goal is to give students the “aha” moment I had when reviewing briefs as an intermediate editor, and to help them gain the skill of self-diagnosing writing problems. 

Thanks for reading another note on online writing tools.  I wish you all good health, and a safe  trip outside sometime soon too. 

https://lawprofessors.typepad.com/appellate_advocacy/2020/07/using-peer-review-for-lrw-teaching-and-in-appellate-practice-too-peerceptiv-and-eli-review.html

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