Thursday, December 31, 2015
Here they are, in case you’re done grading and have a little time on your hands.
And here’s a list of best 2015 books selected by the staff of Powells Books.
Me? I’m not up to 2015. I just finished The Prime of Miss Jean Brodie (Muriel Sparks). The book and the movie are a bit different, but both are excellent. I’m not sure which is better.
(ljs)
December 31, 2015 | Permalink | Comments (0)
In Philly, New Year’s Day is the day when the mummers strut through center city. Here’s a sample, the Fralinger String Band (1997).
And here’s the 2014 fireworks in London, featuring the chiming of Big Ben.
(ljs)
December 31, 2015 | Permalink | Comments (0)
Wednesday, December 30, 2015
The Wall Street Journal Law Blog is reporting that Japan is undergoing a law school "crisis" similar to the one we've been suffering here in the U.S. for the past 4-5 years though the situation in Japan sounds more dire with respect to the large number of schools at financial risk. But the root cause of each so-called "crisis" is the same; too many law schools cranking out too many graduates in a shrinking legal job market.
Japanese Law Schools Facing ‘Unprecedented Crisis’
About a decade ago Japan embarked on an ambitious plan to groom more lawyers.
With its long tradition of out-of-court dispute resolution and lack of litigation, the country never had a lot of need for lawyers. But by 2004, a surge of civil suits and other court cases led the country to adopt a legal education system more like the one here. The country opened 68 new U.S.-style law schools within universities and set out to more than double its lawyer population, which stood at just 23,000. (The United States has more than one million lawyers, in comparison.)
Under the old system, you didn’t have to graduate from law school to become a lawyer in Japan, but had to pass an extremely difficult exam. Under the new system, a law degree was required. But it turned out that demand for lawyers and law degrees was much less than anticipated. And now, according to a new report, many of its government-subsidized law schools are shutting down or on the brink of closure.
“Law schools are now facing an unprecedented crisis,” writes University of Tsukuba researcher* Masahiro Tanaka in the Asian Journal of Legal Education. In 2004, the number of applicants to Japanese law schools was 72,800. In 2014, says Mr. Tanaka, the figure had fallen to 11,450.
. . . .
Continue reading here.
(jbl).
December 30, 2015 | Permalink | Comments (0)
To celebrate, here’s Harry Connick, Jr. singing “What Are You Going New Year’s Eve.”
And here’s a rendition by the incomparable Karen Carpenter.
(ljs)
December 30, 2015 | Permalink | Comments (0)
According to one study, maybe not. From the Trust Advisor:
In fact, when texts or other computer-mediated communication (CMC) messages are followed by a period, the sender is perceived as insincere, according to a study by researchers at Binghamton University’s Celia Klin recently published in the scientific journal Computers in Human Behavior.
This is not the case when the period is used in hand-written notes, however, which leads Klin and her colleagues to conclude that the period text messages has taken on new meaning and is no longer the right way to finish your sentences when using CMC, according to the [Washington] Post.
Furthermore, and perhaps to the dismay of polite society everywhere, follow-up research not yet published is expected to show that exclamation points, rather than no punctuation, is what you should use to seem more sincere, the Post writes.
You can read more here. The study’s subjects were college students. I would wait for more studies.
(ljs)
December 30, 2015 | Permalink | Comments (0)
As 2015 comes to a close, we can see many advances in legal education this year, such as more experiential courses, the use of flipped courses, and new requirements by state bars. However, rather than focusing on the past, I would like to look ahead to what legal education needs to achieve in 2016 and beyond.
First, law professors need to draw more on general educational research. There is a wealth of material on how students learn, and legal educators need to use it. I posted a summary of this research last week here, based on an article by Professor Carol Chomsky. The key point–students retain more with active learning and frequent formative assessment.
Second, using this research, law professors need to change their approach to teaching first-year courses. While professors should continue to use the Socratic method, they need to add other approaches to their repertoire, particular the frequent use of problem-solving exercises, drafting exercises, and formative assessment. Last summer, I wrote a post on improving first-year teaching, which was published by the Harvard Law School Case Studies.
Third, it is time that all law schools help their students develop their professional identities. Teaching law students the ethical rules and how to apply them is not enough. Law students need to learn how to use practical wisdom so that they can deal with situations that are not covered by the rules. Law schools should be turning out true professionals, not just lawyers who follow the rules because they have to. I propose that all law schools teach a class in professional identity or expand their present course on professional responsibility to include significant training in professional identity.
Fourth, while I see a great expansion in the number of experiential courses being offered, I would like to see a greater variety of courses. Why not offer a course on discovery (as Denver does) or combine family law with practical training (as a few law schools do). Educating Tomorrow’s Lawyers has a page on how to integrate experiential learning into substantive courses (ETL Course Portfolios). These course portfolios cover family law, administrative law, property, evidence, tax, etc.
Finally, I hope that all law professors will read about new teaching approaches in 2016. The best general book is Susan A. Ambrose et.al., How Learning Works: 7 Research-Based Principles for Smart Teaching (2010). This book is a very easy read. In the legal area are the books co-authored by Michael Hunter Schwartz (here). Useful articles include my article How to Help Students from Disadvantaged Backgrounds Succeed in Law School, What’s Your Problem? by Kathy Vinson, and Casebooks and The Future of Contracts Pedagogy by Carol Chomsky.
Happy New Year!
(Scott Fruehwald)
December 30, 2015 | Permalink | Comments (0)
Tuesday, December 29, 2015
The recent issue of preLaw magazine offers a positive justification for admissions departments relying on that test. It is familiar, and you can read it here. More interesting is the comment that Professor Ralph Brill posted at the end of the article. I quote:
The analysis is incomplete. 1. The predictive value of the LSAT (med. .36) is not "success" in the first year of law school, unless the author only means "you won't flunk out." It has no predictive value on your GPA at the end of the first year; it has no predictive value on whether you will ultimately graduate; it has no predictive value on whether you will finish in the top 10 or 15% of your class. 2. Most schools combine the UGPA and the LSAT (LSAC does it for you) to increase the predictive value for getting past the first year, but it isn't the total of the separate predictive values of each -- there is a separate combined predictive value, usually something like .46. So, I have seen students with 170 LSATs flunk out or finish very low in their classes, and students with 143 LSATs top the graduating class. It is not a great predictor, but, with the UGPA, it is just the best one we have. Interviews, age or applicants, job experience, college major, colleges from which applicants graduated, all can add value to decisions, but obviously involve much more work for admissions officers.
(ljs)
December 29, 2015 | Permalink | Comments (0)
From the New York Law Journal:
Some Schools Find Relief From Declining Enrollment
Enrollment at New York's 15 law schools decreased by 3 percent overall in 2015 over the prior year, following the nationwide trend. But some schools showed gains in their total enrollment and number of first-year students, according to figures released by the American Bar Association.
There were 11,565 students enrolled in New York law schools on the first day of the 2015-16 academic year, down from 12,033 the previous year, a 3 percent drop.
Law schools self-report their numbers to the ABA Section of Legal Education and Admissions to the Bar by Oct. 15. The reports are available at www.abarequireddisclosures.org.
Four New York schools increased the size of their student bodies: Brooklyn Law School, City University of New York School of Law, Cornell Law School and Pace University School of Law.
Nationwide, the total number of students fell by nearly 6,000 to 113,900 this year, a 5 percent decrease.
The number of first-year students also dropped by more than 800, to 37,058. In 2010, the number of 1Ls hit a high-water mark at 52,488 and has been on a downward trajectory ever since.
But overall, New York schools bucked the downward trend for first-year students this year: the number of 1Ls enrolled at New York's law schools at the beginning of the academic year increased slightly, to 3,842 from 3,772, a 1.8 percent gain.
. . . .
Continue reading here.
(jbl).
December 29, 2015 | Permalink | Comments (0)
Monday, December 28, 2015
Here is an excerpt from the email sent to the Post’s newsroom:
they, their, etc.
It is usually possible, and preferable, to recast sentences as plural to avoid both the sexist and antiquated universal default to male pronouns and the awkward use of he or she, him or her and the like: All students must complete their homework, not Each student must complete his or her homework. When such a rewrite is impossible or hopelessly awkward, however, what is known as “the singular they” is permissible: Everyone has their own opinion about the traditional grammar rule. The singular they is also useful in references to people who identify as neither male nor female.
To see more new changes at the Post, please click here at Blogslot.
Here’s Professor Bruce Ching’s rap/rant against using “they” as a singular pronoun.
(ljs)
December 28, 2015 | Permalink | Comments (0)
Sunday, December 27, 2015
This is a new essay by Professors Michael Simons and Margaret McGuinness (both of St. John's) called American Legal Education, Skills Training, and Transnational Legal Practice: Combining DAO and SHU for the Global Practitioner published at 8 Tsinghua China L. Rev. 125 (2015) and available here on SSRN. From the abstract:
Transnational law subjects have become an integral part of U.S. law school curricula, and international students are vital members of our law school communities. However, to adequately prepare lawyers more effectively for global legal practice, law schools must integrate skills training into the teaching of transnational law. This essay discussing one comparative approach follows a recent symposia addressing current issues facing global legal education, and China’s reform programs for legal education.
(jbl).
December 27, 2015 | Permalink | Comments (0)
This video describes the experiential program at Ono Academic College, Israel.
(Scott Fruehwald) (hat tip: David Thomson)
December 27, 2015 | Permalink | Comments (0)
Many in the Legal Writing community work to include in their assignments issues that will help sensitize their students to the lawyer’s responsibilities to those in most need of their assistance. On behalf of the Legal Writing Institute, Sarah Ricks and Melissa Henke have compiled this bibliography.
You can access it here.
(ljs)
December 27, 2015 | Permalink | Comments (0)
Saturday, December 26, 2015
This BigLaw partner says the third year should be devoted to an apprenticeship or similar learning practicum where new lawyers can get a hands-on experience for pay. From Bloomberg's Big Law Business Blog:
The related "print" story is here.
(jbl).
December 26, 2015 | Permalink | Comments (0)
This authoritative survey includes detailed information on salaries for a variety of legal professionals. You can access it here.
(ljs)
December 26, 2015 | Permalink | Comments (0)
A More Practical Model For Law Schools.
"Legal education needs a radical change. To do this, it is imperative that we rethink the standard law school model — a series of required classes, some of which have little connection to the work most students will actually do as lawyers. There is a need for scalable, affordable experiences that connect students to firms and the practice of law — similar to medical school residency programs."
"But revolutionizing legal education need not be confined to a single class for select students. The Startup Legal Garage at the University of California, Hastings College of the Law is one program reenergizing legal education, immersing more students in real-world experiences, capitalizing on the best that traditional law school pedagogy has to offer, and remaining cost-effective for law school budgets."
"The Startup Legal Garage is structured in a unique way. Professors guide students by teaching soft skills and doctrinal classes, and they set up fieldwork projects by matching students and early-stage tech startups with partners at top law firms. The practicing attorney supervises student work on basic legal needs such as employee contracts, privacy policies, and entity formation — and the student is placed at the center of real-world law practice."
"Changing the face of law school doesn’t have to mean cutting back on education — in fact, it might be the very move that saves it."
December 26, 2015 | Permalink | Comments (0)
The 2-Year Law Education Fails to Take Off.
December 26, 2015 | Permalink | Comments (0)
Friday, December 25, 2015
In an article in the Chronicle of Higher Education, the writer tells how he went through a difficult institutional experience and reached this conclusion:
When push came to shove, all my years of service to the institution, all my outstanding teaching evaluations, all my publications and presentations, apparently meant nothing to the college’s corporatist administrators. They showed me no loyalty whatsoever. In the aftermath, I came to realize that I, therefore, owed no loyalty to them, to the institution, or to the department.
He advises ill-served academics to place other loyalties first: family, your career beyond the institution, your profession, your students, your discipline, and your colleagues.
As is probably true of most academics, I have days when I identify with the author.
You may be able to access the article here, though you may need a subscription.
(ljs)
December 25, 2015 | Permalink | Comments (0)
Thursday, December 24, 2015
Well, not literally . . . but our crack team of bloggers here at the Legal Skills Prof Blog was able to figure out the identity of the infamous internet troll known as Pushkin and, to make a long story short, got him to knock-off the nasty comments he’s been leaving for years in the legal blogosphere. Since he’s got the protection of tenure, if he isn’t willing to attach his name to his comments, then he should keep quiet. And since he’s on the faculty of a publicly funded law school, it’s doubly uncool to be trolling students, colleagues or anyone else for that matter on the taxpayer’s dime. If you’ve got something positive to contribute, fine . . . but don’t be a dick all the time.
Consider this our little Xmas present to the legal blogosphere and we'll leave it at that.
Merry Christmas, Feliz Navidad, Happy Kwanzaa and Happy Holidays to all.
Peace on earth.
From your friendly neighborhood bloggers at the Legal Skills Prof blog.
(jbl).
December 24, 2015 | Permalink | Comments (0)
A Merry Christmas to all our friends who celebrate the holiday!
Here’s the 2014 “Nine Lessons and Carols” from King’s College, Cambridge.
And here’s Judy Garland singing “Have Yourself a Merry Little Christmas,” from “Meet Me in St. Louis,” followed by Frank Sinatra’s rendition, followed by Nat King Cole's "Chestnuts Roasting by an Open Fire," etc.
(ljs)
December 24, 2015 | Permalink | Comments (0)
Wednesday, December 23, 2015
Westlaw reports several unusual cases showing a lack of Christmas cheer. You can access them here at Westlaw. (ljs)
Dec 14, 2015 By: Legal Solutions
Housing management’s stopping Bible study meeting because it was interfering with Christmas party preparations wasn’t unlawful
Dec 11, 2015 By: Legal Solutions
Christmas parties were used to facilitate money laundering
Dec 10, 2015 By: Legal Solutions
A supervisor’s failure to provide employees with Christmas party invitations wasn’t unlawful
Dec 9, 2015 By: Legal Solutions
It was irresponsible conduct for employee to get drunk at company Christmas party when he was supposedly too sick to work
Dec 8, 2015 By: Legal Solutions
Eggnog with added rum flavoring was “adulterated”
Dec 4, 2015 By: Legal Solutions
Grocery store employee’s religious objection to wearing gingerbread man necklace deemed not legitimate.
Dec 3, 2015 By: Legal Solutions
$1,200 award for disability to woman who could no longer make fruit cakes was not excessive
Dec 2, 2015 By: Legal Solutions
Judges may receive homemade cookies at Christmas from attorneys.
Dec 1, 2015 By: Legal Solutions
Verdict in excess of $500 for injuries sustained from eating moldy fruit cake held excessive.
December 23, 2015 | Permalink | Comments (1)
