Legal Skills Prof Blog

Robert R. Kuehn (Wash U) & David A. Santacroce (Mich.), An Empirical Analysis of Clinical Legal Education at Middle Age

Robert R. Kuehn (Wash U) & David A. Santacroce (Mich.), An Empirical Analysis of Clinical Legal Education at Middle Age.

Abstract

This article provides the first comprehensive empirical analysis of clinical legal education’s development and growth over the past fifty years. By analyzing dozens of surveys and reports on aspects of clinical legal education, including unique data developed by the authors, and comparing the results over time, this article presents a factual picture of clinical legal education’s progression from early adulthood to today’s middle age.

This article seeks to inform the present and help legal educators shape the future role of law clinic and field placement courses in the preparation of law students for the practice of law. It provides an empirical history of clinical programs from the early 1970s to today and examines in detail those teaching law clinic and field placement courses, providing data on the nature of their jobs, demographics, and differences from others in the legal academy. The article then takes a close empirical look at clinic and field placement courses, their growth, size, structure, and content.

This comprehensive, longitudinal empirical study will help legal educators make more informed choices about the role of law clinic and field placement courses within their own institutions and, more broadly, about the role of clinical courses in educating tomorrow’s lawyers and aiding underserved clients.

(Scott Fruehwald)

CUNY School of Law faces state probe over anti-Jewish bias after BDS support

CUNY School of Law faces state probe over anti-Jewish bias after BDS support.

"The state Division of Human Rights has opened a bombshell probe into whether CUNY’s School of Law discriminated against Jews when its faculty council passed a resolution last year supporting the pro-Palestinian Boycott, Divest and Sanctions (BDS) movement targeting Israel."

(Scott Fruehwald)

Critical Thinking and Sources

One aspect of critical thinking is critically evaluating one's sources. Don't cite a source just because it says what you want it to say. What sources does your source cite? How reliable are those sources? Do sources disagree with your source? How reliable is the methodology of the source you are using? Are there any logical holes in the source's arguments? What is the reputation of the author?

https://www.amazon.com/Critical-Thinking-Essential-Students-Professors/dp/B0B6L8121Z

(Scott Fruehwald)

Should Law Schools Offer A Course On 'Becoming You': Crafting The Authentic Career You Want And Need?: A Response

Paul Caron asked this question on the TaxProf Blog a few days ago.  My response: law schools should already be doing this.  It is a key part of professional identity training, which is required under ABA Standards.

Dean Caron's question was prompted by an article in the Wall Street Journal about such a course being taught at New York University’s Stern School of Business.  Wall Street Journal Op-Ed:  Are You There, M.B.A.? It’s Me, Industry

Excerpts:

"The objective of this class is to guide students through the complex, exhilarating, and sometimes surprising journey of discovering the right career for them, one rich with opportunity, meaning, and impact. “Becoming You” grows out of the premise that the happiest, most fulfilling lives are those lived in your 'Area of Destiny,' the intersection of your best and most unique skills, your deepest and most authentic values, and the economy's most rewarding spaces."

"I've watched countless smart, shiny new graduates from great (and good) colleges and M.B.A. programs, ... [f]abulous degree in hand, with every opportunity in the world before them, off they march, lockstep, to “the big three”—consulting, banking and, starting in 2005 or so, tech. In some cases, the underlying impulse is financial security (read: repayment of student loans). But there’s more to it. It’s a deeply rooted group instinct, virtually inexorable. I wouldn’t call it lemming-like, but maybe lemming-esque."

"Unlike lemmings, though, members of this herd survive to have regrets. A lot of very smart, very capable people, usually in their late 30s and early 40s, wake up miserable one day."

"'Becoming You,' as I conceived it, would help avert this fate by encouraging M.B.A. students to think about careers another way—as a journey toward their 'area of destiny,' the world of opportunity that exists at the intersection of their authentic values, their strongest skills and aptitudes, and the kind of work that interests and excites them intellectually and emotionally."

"T]oday’s M.B.A.s seek meaning and purpose from their work like never before. They want to make change; they want to have an impact. They don’t want to be cogs in machines. Perhaps most important, they are coming to realize that no job offers security—not even one in banking, consulting, or tech."

"So, are you there, industry? If so, consider that this could be your moment to change the talent game with new, bold narratives about the work you do, the lives you change, the futures you contain. Young, talented people at M.B.A. programs everywhere are poised to see you and hear you anew. Draw close, and meet them where they are."

From another article about the course: "Welch searched through Stern’s course catalog only to find that the school lacked a class that would help students live a more purposeful life in a career aligned with their personal values."

Last year, the ABA Council added a professional identity training requirement to the standards: 303"(b) A law school shall provide substantial opportunities to students for: . . . (3) the development of a professional identity." Interpretation 303-5: "Professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society. The development of professional identity should involve an intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice. Because developing a professional identity requires reflection and growth over time, students should have frequent opportunities for such development during each year of law school and in a variety of courses and co-curricular and professional development activities."

I believe that helping students find their place in the legal profession is an important part of professional identity training. Developing Your Professional Identity: Creating Your Inner Lawyer chapter 10 (2015).  How can one understand "what it means to be a lawyer," unless one can envision what their place will be in the law in connection with their personal values?  Thus, law schools are already obligated to help students craft authentic careers.

(Scott Fruehwald)

Relevance in Academia

In academia, relevance is what advances knowledge.

(Scott Fruehwald)

Admissions test requirement for ABA-accredited law schools will remain in place for now

ABA Journal, Admissions test requirement for ABA-accredited law schools will remain in place for now

"A proposed revision to a law school accreditation standard that removes an entrance exam requirement was rejected Monday by the ABA House of Delegates, at the organization’s midyear meeting in New Orleans."

"Under ABA rules, proposed revisions to the accreditation standards and rules are sent to the House for concurrence up to two times, but the council has the final decision on matters related to law school education."

(Scott Fruehwald)

The Way Forward for Legal Education by David I. C. Thomson

New Legal Education Book: The Way Forward for Legal Education by David I. C. Thomson.

Abstract

This book (of which this paper is an excerpt) offers a post-pandemic vision for the future of legal education and charts a path to get there. Among the book's recommendations are that schools must dispense with the LSAT and develop an alternative non-discriminatory admissions process. Further, that law schools should admit a much larger cohort to the 1L year, at much reduced cost, and put most of 1L content online in a hybrid format. It suggests that a "baby bar" be administered at the end of the first year, with only roughly half passing into second year and the rest awarded a master's degree in American Law, which will become a credential to become an Limited License Legal Technician (LLLT), the expansion of which will help address the critical justice gap that we currently have in the legal system. It argues for the expansion of experiential learning and the intentional formation of professional identity in the 2L and 3L years. While these proposals may seem radical at first, many of them are already happening in various natural experiments around legal education, and the ABA is already moving in this direction. This book provides comprehensive guidance on how these proposals can be gradually adopted, with the goal that they spread throughout legal education over the next decade. More information about this book can be found here: https://cap-press.com/books/isbn/9781531023966/The-Way-Forward-for-Legal-Education.

(Scott Fruehwald)

Best Legal Education Articles of 2022

The TaxProf Blog has just published my list of the Best Legal Education Articles of 2022. https://taxprof.typepad.com/taxprof_blog/2022/12/weekly-legal-education-roundup-3.html

(Scott Fruehwald)

Legal Reasoning for Paralegals: The Key to Professional Success by E. Scott Fruehwald

I have adopted my legal reasoning materials for paralegals.

Legal Reasoning for Paralegals: The Key To Professional Success.

This book’s purpose is to better prepare paralegals for working with attorneys by providing them with a firm foundation in legal reasoning, showing them how to apply legal reasoning skills to facts, and teaching them legal problem solving. I will do this by focusing explicitly on the different types of legal reasoning and the types of miniskills needed to develop the different types of legal reasoning.

(Scott Fruehwald)

---

NYU Chemistry Professor Fired After Students Said His Class Was Too Hard (Robby Soave)

NYU Chemistry Professor Fired After Students Said His Class Was Too Hard

"Maitland Jones Jr. was a professor of chemistry at Princeton University. In 2007, he semi-retired and began teaching organic chemistry at New York University on an adjunct basis.

Not anymore: NYU has fired Jones after students circulated a petition protesting that his class was too hard."

"They weren't coming to class, that's for sure," said Jones. "They weren't watching the videos, and they weren't able to answer the questions."

"Jones is profiled in a recent New York Times article that chronicles his firing. The piece also raises uncomfortable questions about elite institutions of higher learning and their utter devotion to appeasing unreasonable student demands. Organic chemistry is the bane of medical students everywhere, precisely because it is such a hard class. But many doctors would argue that that's the point: The class is designed to act as an effective gatekeeper, preventing underqualified students from entering the field of medicine."'

"This article made my skin crawl," tweeted Alice Dreger, a bioethicist and former professor of medicine. "We aren't going to end up with good doctors by letting undergrad pre-meds pass organic chem because universities want to protect their US News rankings.'"

His departure is certainly a loss for NYU's academic caliber. After all, Jones is a lion in the field of organic chemistry, publishing 225 papers in his 40-year career. He literally wrote the textbook, "Organic Chemistry," which weighs in at 1,300 pages.

"[Jones] learned to teach during a time when the goal was to teach at a very high and rigorous level," Paramjit Arora, a professor of chemistry at NYU and former colleague of Jones told The Times. "We hope that students will see that putting them through that rigor is doing them good."

"Celebrated organic chemistry professor Maitland Jones Jr. had high standards, and we can't have that in 2022," writes the leftist author and teacher Freddie deBoer. "NYU students—who are, by any rational measure, some of the most privileged people on planet earth—organized a petition and got him fired. I hope you never get treated by one of the doctors who emerges from this mess."

(Scott Fruehwald)

 

Success demands a willingness to fail by Sheldon H. Jacobson

An important Lesson:

Success demands a willingness to fail

"Young people must be taught that failure is an acceptable outcome, and how to use failure to build toward future success. This means teaching them how to embrace risk in a meaningful way."

(Scott Fruehwald)

Nova Southeastern University College of Law is hiring professors teaching civ. pro., environmental law. con. law, and health law

There are at least two entry or mid-level tenure track jobs available.  Here are the details:

NOVA SOUTHEASTERN UNIVERSITY SHEPARD BROAD COLLEGE OF LAW
Location: Fort Lauderdale, Florida

Curricular Focus: Subjects: Civil Procedure, Environmental Law, Constitutional Law, and Health Law.

Start Date: 2023-2024 Academic Year

Nova Southeastern University Shepard Broad College of Law (NSU Law) invites applications for two entry-level or mid-level full-time, tenure-track faculty positions for the 2023-2024 academic year. NSU is classified as a research university with “high research activity” by the Carnegie
Foundation for the Advancement of Teaching. NSU is 1 of only 50 universities nationwide to also be awarded Carnegie’s Community Engagement Classification, and is also the largest private, not-for-profit institution in the United States that meets the U.S. Department of Education's criteria as a Hispanic-serving Institution.

NSU Law is looking for candidates with outstanding academic credentials who demonstrate potential for teaching excellence and for a high level of scholarly achievement and community engagement in the following subject-matter areas: Civil Procedure, Environmental Law,
Constitutional Law, and Health Law. Qualified applicants in other, related subject-matter areas may be considered. We especially welcome candidates who will enrich the diversity of our faculty; these candidates include women, historically underrepresented minorities, persons with
disabilities, LGBTQI+ individuals, veterans, and others whose backgrounds, experiences, and viewpoints enhance diversity.

As an institution committed to diversity, NSU Law welcomes applicants who will enrich the inclusiveness of our institution through race, color, religion, sex, sexual orientation, gender identity, gender expression, national origin, disability, age, protected veteran status, and other
experiences. NSU Law seeks a faculty that reflects the diversity of South Florida’s community. NSU Law is an Equal Employment/Equal Educational Opportunity Institution. All qualified applicants will receive consideration for employment and will not be discriminated against
because of their protected status.

Interested candidates should send a cover letter and CV to lawfacultyapplicants@nova.edu. Candidates may also direct questions to Olympia Duhart, Associate Dean for Faculty Development and Chair of the Faculty Appointments Committee, at olympia@nova.edu.

(jbl).

 

Teaching Professional Identity to Law Students: The Value-Centric Approach

The Council of the ABA Section of Legal Education and Admissions to the Bar recently added a provision to the accreditation standards that requires all law schools to include professional identity training in their curriculum: "A law school shall provide substantial opportunities to students for: . . . The development of a professional identity."  (ABA Standard 303(b)(3))  Interpretation 303-5: "Professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society. The development of professional identity should involve an intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice. Because developing a professional identity requires reflection and growth over time, students should have frequent opportunities for such development during each year of law school and in a variety of courses and co-curricular and professional development activities."

Professor Harmony Decosimo has written a wonderful article that classifies the various approaches to teaching professional identity in law school. Taxonomizing Professional Identity Formation: The Soul of Legal Education.  She has taxonomized the field of professional identity formation advanced or employed in U.S. law schools into three dominant approaches named for their primary area of concern: value, wellbeing, and competency.  She further divides the value approach into the value-clarification approach and the value-inculcation approach.   Because the value approach most closely corresponds to Interpretation 303-5, I am concentrating on this approach in this post.

Professor Decosimo writes about the value-clarification approach: "In theory, the value-clarification approach has, as its goal, the formation of lawyers who are self-reflectively in touch with their own value system or moral compass, and who are able to act with reference to that compass in their professional lives. In other words, the goal is forming lawyers who have a kind of self-aware and deliberate integrity – that is, they know with clarity what their fundamental priorities and values are, and are able to call on them in a variety of circumstances, leading ultimately to harmony between their beliefs and actions across both their personal and professional lives. This approach may be attractive to some, as it avoids any worries about indoctrination or violation of the ethical or moral autonomy of students."

Concerning the value-inculcation approach, she writes: "increasingly more common than value clarification are those substantive value approaches that seek to identify and inculcate a particular set of norms." She adds, "The value-inculcation approach to formation seeks not mere integrity or non-hypocrisy in professional identity, but righteous professional identity."  Scholars taking this approach believe that “not all professional identities are created equal.”

There is a wide-spectrum of approaches within the value-inculcation approach.  The far end of this approach "identifies external norms or ideals that are less obviously intrinsic to the practice of law and lawyering, but to which lawyering should be subordinate or at the very least, by which it should be significantly informed."  She notes that "This kind of ideologically-specific formation is most clearly identifiable and at home in sectarian law schools.  At a Catholic law school for instance, this might involve formation with attention to the connections between explicitly Catholic faith commitments and justice."

Decosimo also discusses secular versions of the value-inculcation approach: "secular versions of this approach . . . presuppose commitment to contested political, ethical, and social values, about which reasonable people of good will may disagree, are taking their place alongside religious approaches to formation in both the scholarly literature and law school lecture halls. The clearest case of this is the move to make antiracist or critical race-conscious lawyering a fundamental aspect of professional identity formation efforts."  She notes that the ABA has recently "amended its curricular requirements to require that all law schools 'provide education to law students on bias, cross-cultural competency, and racism.”

She points out that "The problem (for some) is that not all approaches to or definitions of cultural competency, racial justice, or even racism, as they relate to education in general or the practice of law and one’s professional identity as a lawyer in particular, are universally accepted or shared. Some, in fact, are deeply contested and have caused significant division in American public life, particularly in the context of education."  For example, "Yet the beliefs, political positions, and formative practices likely to be included in antiracist professional identity formation – including implicit bias or privilege testing; acknowledgement of white fragility; affirmation that the legal system exists to create and protect white supremacy, or that any racial inequity is evidence of inherent racism, or that affirmative action is just and necessary – are deeply contested in terms of their validity, in some cases, and educational effectiveness in others."  "This became clear, if it was not already, during the comment period prior to the ABA’s adoption of the revisions to 303, when numerous law professors, free speech organizations, and practitioners objected to the revisions, citing concerns over 'institutionalized dogma,' 'intrusion' into the rights of professors on what and how to teach, and the potential coercion of students who might feel compelled to 'voice certain political or ideological views in order to graduate.”

Decosimo declares, "And herein lies a significant potential pitfall to value-centric professional identity formation initiatives: under at least some models, someone gets to decide the specific values into which students will be formed and, in some cases, that faculty will be required (or assumed) to espouse."

She continues: "At institutions that are not sectarian, requiring faculty and students to enthusiastically engage in a formative process that imposes substantive and contested values is deeply problematic. And even more so when there is a claim of neutrality under the guise of vague concepts like 'professionalism.'  Rather than bring particular ideologies or interpretations into the light of vigorous debate and rigorous evidentiary standards, it presents them as the accepted and essential premises of a larger syllogism on what it means to be a good lawyer and even a good person."

She adds: "That professional identity formation is so much more personal and intentionally influential a project than, say, the teaching of civil procedure, intensifies this concern. When the goal is formation, there should arguably be heightened sensitivity to indoctrination, heightened sensitivity to the privileging of some substantive views over others, and heightened sensitivity to imposing orthodoxy in a community in a way that might marginalize or exclude minority perspectives, stifle open inquiry, or alienate those who disagree."

She concludes her article: "For many stakeholders, the ABA’s decision to mandate opportunities for professional identity formation provides the open path that has been so desperately sought and needed to change legal education and the profession for the better. But one person’s vision of the good is not always the same as another’s. How to craft and engage in a project that will be at once deeply personal, meaningful, and transformative, while at the same time inclusive,  pluralistic, and noncoercive, will be challenging to say the least. This article contends that the best way to start is with transparent examination of the goals of formation, the means to achieving those goals, and the values that are
implicated in the process."

Decosimo has clearly set out the differences between the value-clarification approach and the value-inculcation approach with their respective advantages and disadvantages.

I am an adherent of the value-clarification approach, and, in fact, Decosimo cites my professional identity text book and article as the examples for this approach.  (here and here)  I believe that law schools should help students synthesize their values with the values, practices, and culture of the American legal profession.  I believe that ethical professionals (and critical thinkers) are created by allowing students to develop their own thinking.

This does not mean that there are no limitations within this approach.  The limitations are provide by the legal profession, especially the legal profession's standards and rules, particularly those in the Preamble to the ABA's Model Rules of Professional Conduct.  (here)  I also believe that lawyers should use practical wisdom in conducting their professional lives.

The debate is now open on how American law schools should teach professional identity development.  Comments are welcome.

(Scott Fruehwald)

Taxonomizing Professional Identity Formation: The Soul of Legal Education by Harmony Decosimo

Professor Harmony Decosimo has written an important article on the different approaches to teaching professional identity in light of the new ABA requirement to include professional identity training in the law school curriculum:

Taxonomizing Professional Identity Formation: The Soul of Legal Education.

Abstract:

Following the ABA’s recent mandate requiring law schools to provide students with opportunities for “professional identity formation,” this is the first article to taxonomize the field of professional identity formation advanced or employed in U.S. law schools. By organizing this muddled field into three dominant approaches and examining the primary and sometimes unspoken goals of each, this article unveils the potential pitfalls in this project, including the possibility of coercion, indoctrination, impotence, or waste. Ultimately, this article paves the way for more honest, open, and fruitful dialogue and debate as law schools strategically plan how best to engage in the professional identity formation of future lawyers.

(Scott Fruehwald)

 

Fostering Law Student Professional Identity In A Time Of Instability And Strife

Here is an excellent article on professional identity formation:

Neil Hamilton (St. Thomas) & Louis Bilionis (Cincinnati), Fostering Law Student Professional Identity In A Time Of Instability And Strife

"Recent changes in ABA accreditation standards are an opportunity to deepen and broaden U.S. legal education in ways that matter to students, employers, and broader society."

[Editor’s note:  Legal Evolution is pleased to welcome today’s guest contribution from Neil Hamilton and Louis Bilionis, who are doing the foundational work of broadening the scope of the law school curriculum — and more daunting, the law professor mindset — to include skills crucial for professional success but also for lawyers’ roles as leaders and problem-solvers who focus on the long-term greater good.

As discussed below, this movement recently won a victory with the change in the ABA accreditation standards to include professional identity formation. Professors Hamilton and Bilionis (Neil and Lou) are at work supplying the first generation of content.  For innovators and early adopters, nothing happens as fast as we want it.  Yet, Neil and Lou are doing everything in their power to ensure the wheels of progress in U.S. legal education are indeed rolling. wdh.]

"This post focuses on recent accreditation changes in legal education that, we hope, will help new generations of law students internalize the profession’s special roles and responsibilities and thus more effectively address our pressing social and political challenges."

(Scott Fruehwald)

https://www.amazon.com/Developing-Your-Professional-Identity-Creating/dp/1519114109

Conference: Beyond Learning Outcomes: Working the Assessment Plan September 16-17, 2022

From Kathy Vinson:

Suffolk Law is hosting the conference, Beyond Learning Outcomes; Working the Assessment Plan, together with the Institute for Law Teaching and Learning, on September 16-17, 2022. As you know, the ABA requires law schools to establish, assess, and evaluate learning outcomes. Four national experts will lead sessions and workshops on assessment and discuss a recently-published book, which each attendee will receive, on this important topic. 

 

For more information about the conference, and to register, please visit https://www.suffolk.edu/about/events/2022/09/16/iltl-fall-conference. If there are any issues, please let Keri Cullinane know - kcullinane@suffolk.edu.  Rosa Kim (rkim@suffolk.edu) and I are the on-site Suffolk hosts, so we are also available if you have questions.

 

(esf)

Lawrence Krieger, Book Review and Essay (The Law Student’s Guide to Doing Well and Being Well, by Shailini Jandial George)

Lawrence S. Krieger (FSU), Book Review and Essay

Abstract

I am pleased to review a valuable contribution at an opportune time for law students and legal education, The Law Student’s Guide to Doing Well and Being Well, by Shailini Jandial George, hereinafter The Guide. After presenting my review, in Part II I will urge that we supplement this excellent work and others with a new paradigm for addressing the persistent problems of distress and dissatisfaction in the law, including (a) ending the unhappy marriage of stress and the law, (b) ending the unhappy marriage of superficial, unfulfilling values and the law, and (c) amending aspects of law school pedagogy that undermine the well-being and personality integrity of students. I explain how the current paradigm obstructs health and wellness benefits such as those targeted by The Guide, and why those benefits will exponentially increase if healthful practices are coupled with a new paradigm that generates flow and optimism rather than tension and stress in the study and practice of law.

(Scott Fruehwald)

A More Rigorous Approach to Teaching the Reasoning Portion of Case Analysis

It's almost time for fall classes to begin, and once again I would like to share my short guide to case briefing:

 

A More Rigorous Approach to Teaching the Reasoning Portion of Case Analysis: A Key to Developing More Competent Law Students

 

(Scott Fruehwald)

 

The Advantages of Being A Critical Thinker

Here are several things that critical thinking can do for you:

1. Critical thinking helps overcome superficial thinking. It helps you see when you are relying on unsupported assumptions or opinions.
2. Critical thinking helps overcome thinking based solely on intuition.
3. Critical thinking produces rigorous and disciplined thinking.
4. Critical thinking helps individuals create questions.
5. Critical thinking helps individuals know when they need more information.
6. Critical thinking helps avoid unintended consequences.
7. Critical thinking supports problem-solving. It helps make sure you don't skip a step in the problem-solving process.
8. Critical thinking helps overcome biased thinking.
9. Critical thinking helps avoid mistakes by providing a method to evaluate (double-check) one's work.
10. Critical thinking helps an individual critique the work of others.
11. Critical thinking promotes deep thinking.
12. Critical thinking helps an individual see all sides of an argument.
13. Critical thinking helps individuals solve difficult problems.
14. Critical thinking helps individuals support their arguments.
15. Critical thinking helps individuals recognize how a problem is framed and overcome the framing effect.
16. Critical thinking helps thinkers recognize when selfish motives lie behind an argument. It helps thinkers recognize manipulation.
17. Critical thinking teaches students how to construct the law.
18. Critical thinking helps lawyers and judges deal with changes in the law.

E. Scott Fruehwald, Critical Thinking: An Essential Skill for Law Students, Lawyers, Law Professors, and Judges (2022)

(Scott Fruehwald)

Download: Critical Thinking: An Essential Skill for Law Students, Lawyers, Law Professors, and Judges: Chapter One and Front Material

Download (SSRN): E. Scott Fruehwald, Critical Thinking: An Essential Skill for Law Students, Lawyers, Law Professors, and Judges: Chapter One and Front Material (2022).

(Scott Fruehwald)