What price is right? Law School Education and Paul Campos

What is a poor law student to do?  Paul Campos has yet again set his sights on what he considers is the bain of legal education- for-profit law schools.  Campos details how how a Chicago-based private equity firm got into the business of law schools.  Summit Partners created InfiLaw and began to become legal educators by first purchasing Florida Coastal Law School and later adding Phoenix School of Law and Charlotte School of Law.  The results while good for Summit Partners who receive their profits upfront according to Campos, left the InfiLaw graduates the big losers in long run.  Campos noted that the average Infilaw graduate accumulated over $200,000 in debt while only 36% of the Class of 2013 had actual legal employment.   This follows an overall trend in higher education where undergraduates and graduate students alike are funding their education with high-interest private loans that will take a life-long career of work to discharge.  I pose a question that Prof. Bill Whitford taught me in my Contracts class at the University of WIsconsin more than a few years ago.  What if the high costs of a legal education is not unconscionable as Campos suggests but the price a population of specialized students are willing to pay to gain access to a legal education that still has some social capital?

I am not a free market guru who will chant the mantra of law students paying for what the market determines is a valuable education.  But there is a grain of truth in arguing that students who would not be accepted at traditional law schools are being given an opportunity to have a traditional law school experience.  I do not know the statistics for the Infilaw students but I have a hunch that many of these students are first generation attorneys who come from modest working class or disadvantaged backgrounds. They are willing to take a chance on themselves and make a life-time investment that may not pay off in the long run.  The forecast is not good for Infilaw students.  Will they pass the bar on the first attempt?  Will they acquire a level of employment or income that will erase their debts?  Paul Campos says no and statistics will back up his claims.  But do we shut out a group of over-achievers because only a small number will gain what legal scholars would deem success?

In my contracts class those many, many years ago, Prof. Whitford explained that there is a population that businesses are willing to take a chance on who have no credit or bad credit and who are willing to take on high interest rates to obtain merchandise.  There is a good chance that this poor-credit/no-credit population would default on credit and be unable continue payments.  The businesses knew and took the chance but built in the loss upfront with high-interest rates.  The buyers knew they were paying far beyond the value of the merchandise just to be able to obtain the merchandise.  Were the merchants unconscionable Prof. Whitford asked?  In a consumer culture that is awash with the  creation and cultivation of desire and consumption, how could anyone resist?  Even those with poor or no credit.   Didn’t we risk becoming paternalistic in determing who deserved what?  Prof. Whitford posed provocative questions to my first year class.

I am not a proponent of for-profit law schools.  I am the product of the  Chicago Public School and the public university systems.  I obtained a quality, low cost education that no longer exists.  Campos’ article is a condemnation of the for-profit law school system that seeks to prey on a certain population.  I agree.  But we have no alternative.  States are seeking to strip affirmative action programs from the law school admissions process.  The University of Texas Law School buttresses for annual attacks on it’s admissions process.  First generation law students, economically disadvantaged law students and law students of color have no viable alternatives.  If these students are willing to take on the debt, derision and scorn of being a product of a low-tiered, for-profit system, I will not discourage them.  They attend with full knowledge but want to become attorneys no matter what the costs.  This is not a free market economist argument of caveat emptor but a lawyer who has loved the practice and teaching of law for over 20 years and does not wish to see it closed to those who desire the same experiences-no matter the costs

The Baby Has Finally Been Birthed!

Comprehensive revisions passed

The ABA House of Delegates passed the comprehensve revisions with “minimal  fuss” according to the ABA Journal linked  above.  One area, however, garnered  significant attention and also resulted in  an odd, though perhaps meaningless ,  procedural move.  The House voted  to send back to the Section on Legal Education for further consideration the comment to standard 305 which prohibits payment to students for credit-based courses.

What does this mean? Law schools which have not already done so must start identifying, articulating publicly and assessing student learning out outcomes, providing every student six  credits of clinic or clinic-like experiential courses and requiring students to take two credit hours worth of professional responsibility coursework.

Well, it’s a start……

TEACHING RESILIENCE AND BEING RESILIENT : Filling Our Tanks This Summer

About a month ago, I had the pleasure of attending the annual AALS clinical conference held  in Chicago.   The conference focused on achieving happiness and resilience at a time of challenge in legal education while exploring methods for becoming “better” clinical teachers.  Clin14BookletWeb

The Keynote opening presentation by Professor Nancy Levit from the University of Missouri-Kansas City School of Law outlined research about happiness,  lawyers and legal careers.   Professor Levit’s  book with Doug Linder, The Happy Lawyer: Making a Good Life in the Law, was published by Oxford University Press in 2010. Their sequel, The Good Lawyer: Seeking Quality in the Practice of Law is now available.  The Levit and Linder research helps answer questions for our students and ourselves about how and why lawyers find a  legal career rewarding.   Much of the research reveals that simple truths about happiness – such as feeling valued or being part of a community – bears repetition.   The presentation was informative and the research can be used in advising our students, supporting our colleagues and caring for ourselves.

After her keynote, panelists Professor Calvin Pang (University of Hawaii, William S. Richardson School of Law)  and Professor Joanna Woolman (William Mitchell College of Law) with moderator American University Professor Brenda Smith presented a few clips from a very realistic “role play” focused on a “devastating” day in court and the responses  of a clinical teacher, clinical student, and non-clinical colleague.    (The film will be available after the conference – I believe at the AALS site – for those who want to use it in their home schools.)  In the film, the law student  faces a surprising negative court ruling and then experiences his client yelling at him outside the courtroom.   In conversation with the clinical professor, the student expresses anger with his client and believes he should just “drop” clinic.  The clinical professor listens to the student and also explores other aspects of the student’s current anger and despair including his having received a number of employment rejections during this same time period.

The film was provocative and engendered good discussion about the role of law professors .  Many of us have experienced with our students or in our own professional lives the coinciding emotional burdens of dealing with difficult emotions in client’s cases and receiving negative news on the home or career front.   Managing and coping with all those emotions and burdens is a never-ending part of professional development and law schools can and should play a significant role in preparing students with appropriate skills, appreciation of professional values and coping tools.

In a final exercise, the entire room of about 500+ created word trees on three questions:

1.  What do you do as a teacher to “fill your tank.?”

2. What do you do to encourage your students to adopt habits to make themselves whole?

3. What are the barriers and obstacles to the first two?

In asking myself these questions and watching the hundreds of others eagerly participate, I reflected on the particular importance of the resilience, holistic, and happiness theme at this moment in time.   Students and recent grads need our positive support.  Institutions need our creative, optimistic energy.   But providing that energy and support can be personally tolling.

Student-centered faculty – and in particular clinical faculty with summer burdens or untenured faculty with heavy writing demands – must  carve out some real off time or vacation in order to be effective in the long term.  Their institutions must support their need for renewal.  Filling  our personal “tanks” with sunsets, summer treats (ice cream for me!), some  relaxing days, renewed commitment to exercise or getting outside, and time vacationing with loved ones helps form the foundation for resilience in the academic year.  We need to do this not only to support our own resilience but to equip ourselves with the experience-based wisdom that will be needed in great quantities in the coming semesters.  In order  to assist our students and our institutions at this precarious time for law schools, we need to nurture our whole selves now.

LegalED Igniting the Law Conference April 4th @ American University Washington College of Law

At our first conference this upcoming Friday we are featuring over 30 law professors from the United States who will be presenting in TEDx styled talks. Here is a link to our impressive speaker list:

http://legaledweb.com/igniting-law-teaching-conference-speakers

Here is some more information about our vision for LegalED and our conference:
Unlike MOOCs, where one professor teaches thousands.  We believe that all professors topics that they know best and that collectively we can bring students more ideas and perspectives, which is important for legal education. In studying the law, it is important for students to be able to see an issue, a problem from various perspectives.

And the unique thing about the conference is that we are creating a body of professional development materials for professors.  In the legal academy and probably in higher ed generally, not a lot of attention is paid to how students learn or to the craft of teaching.  This conference addresses that head on and begins to create a collection of videos, available 24/7 for professors interested in improving their craft.

Also check out our website and please feel free to contact me with any questions.
http://legaledweb.com

-Benjamin Pietrzyk
Uncommon Individual Foundation

REMINDER: Educating the Transactional Lawyer of Tomorrow

Educating the Transactional Lawyer of Tomorrow
 
Emory University School of Law –  June 6-7, 2014
Emory’s Center for Transactional Law and Practice is delighted to announce its fourth biennial conference on the teaching of transactional law and skills.  The conference, entitled “Educating the Transactional Lawyer of Tomorrow,” will be held at Emory Law, beginning at 1:00 p.m. on Friday, June 6th and ending at 3:45 p.m. on Saturday, June 7th.
We are accepting proposals immediately, but in no event later than 5 p.m. on Monday, March 17, 2014.  We welcome proposals on any subject of interest to current or potential teachers of transactional law and skills, focusing particularly on our overarching theme:  “Educating the Transactional Lawyer of Tomorrow.”
Please submit the attached proposal form electronically via the Emory Law website at https://emorylaw.wufoo.com/forms/2014-conference-proposals/before 5 p.m. on Monday, March 17, 2014.
Beginning March 1, 2014, you can also register for the Conference at our Emory Law website at https://emorylaw.wufoo.com/forms/2014-emory-law-conference-registration/.
 
If you encounter any technical difficulties in submitting your proposal or in registering online, please contact Edna Patterson, Conference Coordinator, at edna.patterson@emory.edu or 404.727.6506.
We look forward to seeing you in June!

Assessment Across The Curriculum – Spring Conference

Assessment Across The Curriculum
Institute for Law Teaching and Learning
Spring Conference 2014
Saturday, April 5, 2014
“Assessment Across the Curriculum” is a one-day conference for new and experienced law teachers who are interested in designing and implementing effective techniques for assessing student learning.  The conference will take place on Saturday, April 5, 2014, at the University of Arkansas at Little Rock William H. Bowen School of Law in Little Rock, Arkansas.
Conference Content:  Sessions will address topics such as
·       Formative Assessment in Large Classes
·       Classroom Assessment Techniques
·       Using Rubrics for Formative and Summative Assessment
·       Assessing the Ineffable: Professionalism, Judgment, and Teamwork
·       Assessment Techniques for Statutory or Transactional Courses
By the end of the conference, participants will have concrete ideas and assessment practices to take back to their students, colleagues, and institutions.
Who Should Attend:  This conference is for all law faculty (full-time and adjunct) who want to learn about best practices for course-level assessment of student learning.
Conference Structure:  The conference opens with an optional informal gathering on Friday evening, April 4.  The conference will officially start with an opening session on Saturday, April 5, followed by a series of workshops.  Breaks are scheduled with adequate time to provide participants with opportunities to discuss ideas from the conference.  The conference ends at 4:30 p.m. on Saturday.  Details about the conference are available on the websites of the Institute for Law Teaching and Learning (www.lawteaching.org) and the University of Arkansas at Little Rock William H. Bowen School of Law (ualr.edu/law).
Conference Faculty:  Conference workshops will be taught by experienced faculty, including Michael Hunter Schwartz (UALR Bowen), Rory Bahadur (Washburn), Sandra Simpson (Gonzaga), Sophie Sparrow (University of New Hampshire), Lyn Entrikin (UALR Bowen), and Richard Neumann (Hofstra).
Accommodations:  A block of hotel rooms for conference participants has been reserved at The DoubleTree Little Rock, 424 West Markham Street, Little Rock, AR 72201.  Reservations may be made by calling the hotel directly at 501-372-4371, calling the DoubleTree Central Reservations System at 800-222-TREE, or booking online at www.doubletreelr.com.  The group code to use when making reservations for the conference is “LAW.”

Evidence Based Experiential Learning?

Over on the Legal Whiteboard, Bill Henderson has an interesting post noting that despite the current call for more experiential education, we lack evidence to answer two key questions:

“(1) Among experiential teaching methods, which ones are the most effective at accelerating professional development? And (2) among these options, how much does each cost to operate? Quality and cost must be assessed simultaneously.”

Henderson is the principal researcher on Northeastern Law’s Outcomes Assessment Project (OAP) that is attempting to answer the question “Does Northeastern’s legal education model accelerate the development of law graduates who are ready to practice and to serve clients?” As Henderson notes, selection effectsmake these challenging questions to answer given Northeastern’s distinctive characteristics, including a progressive, public interest tradition, and a student body with high numbers of women and LGBT students decades before the rest of legal education.

If the OAP project shows that Northeastern’s legal education model does accelerate the development of its graduates, here’s an interesting follow-up question: Will that result be due to the co-op model specifically, or simply to the greater integration of exposure to practice into their students’ education than is typical. In other words, would a different version of a “marble cake” curriculum model have the same benefits?

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