Building on Best Practices now available as eBook

Are you trying to:

  • Develop a meaningful law school mission statement?
  • Understand new accreditation requirements, learning goals, and outcomes assessment?
  •  Expand your experiential offerings?  Decide whether to use modules or courses?  An on-site clinic, an externship, or community partnership?
  •  Teach ALL of your students in the most effective ways, using a full range of teaching methods?
  • Add to your curriculum more of the professional identity, leadership, intercultural, inter-professional and other knowledge, skills, and values sought by 21st century legal employers?
  • Lead thoughtfully in the face of the challenges facing legal education today?

These and other topics are addressed in Building on Best Practices:  Transforming Legal Education in a Changing World,  now available in ebook format from LexisNexis at no charge.

The print version is not yet out.  LEXIS-NEXIS is taking advance orders for $50, plus shipping.  BUT we understand that they will make one copy available to every US legal educator for free upon on request.  Details on this and international availability still to come.

Thanks, and congratulations, to book project sponsor Clinical Legal Education Association (CLEA), the more than fifty legal educators who participated as authors, and the countless others who assisted as readers and in numerous other ways.

And, a huge shout-out to my wonderful and talented co-editors, Lisa Radke Bliss, Carrie Wilkes Kaas, and Antoinette Sedillo Lopez.

Inner Development, Community, Social Justice (Concurrent Session, AALS Conference on Clinical Legal Education)

Last, but not least, in this series highlighting lessons from experts in other disciplines relevant to how to navigate the chaotic “new normal”  in legal education: Thursday’s concurrent session organized by Tennessee’s Paulette Williams:  “A Commitment to Inner Development: Connecting the “New Normal” with Clinics’ Social Justice Mission”.

The session brought  Edward Groody and Timothy Dempsey from the Community Building Institute in Tennessee.  The Institute helps social service and criminal justice organizations become more effective by training participants in community building practices.  Taking an evidence-based approach built on motivational interviewing, trauma-informed care, and pro-social supports, community building is a “highly experiential process that helps participants remove barriers to communication and unlearn unproductive attitudes and behaviors.”

Groody began the session with a detailed overview of a four-stage process for building community:

  • Pseudo-community
  • Chaos
  • Emptying/Letting Go
  • Community

That process adds an important step — emptying/letting go — to Bruce Tuckman’s familiar “forming, storming, norming, performing” model of group formation.  My own interpretation of this additional,  third step is that it provides space for  participants to recognize,  and learn skills to address, the emotional issues that so often get in the way of honest connection with others.

Dempsey then shared powerful stories of how that process helps ex-offenders with post-prison re-entry,  allowing them to move past behavioral responses that may have seemed — and perhaps were — functional in their previous lives, but would block their efforts to move forward.   Or, to put it another way, this step acknowledges that in order to take advantage of education or employment opportunities, people need to let go of fears, resentments or trauma.  This is challenging work that is the foundation of many spiritual traditions, but can help build strong connections with others.

Time constraints prevented Paulette Williams from speaking in detail about how she makes use of this process in her clinical teaching work.  I hope she finds other forums for sharing those experiences and insights.

The insights of this community building process struck me as relevant not only to social justice and clinical legal education work, but also to faculty interactions within our law schools.  From another time and place, I well remember a year when every faculty meeting resulted in controversy, usually about something relatively minor that seemed to be a proxy for other, larger, but unacknowledged issues festering beneath the surface.    I suspect that many faculties are experiencing something similar as they operate  in the  current climate of uncertainty and change, too often getting stuck in the fear those conditions foster.  It’s  difficult for me to imagine applying this model in the typical law school environment.  But successfully moving through the “emptying/letting go” phase, as individuals and a group,  could be oh, so helpful!

Birth, Maturity, Creative Destruction & Renewal At AALS Clinical Conference

As someone who collaborated on a concurrent session titled “Facing Our Fears in Changing Times” at the AALS Conference on Clinical Legal Education, it’s probably not surprising that I was especially drawn to sessions that brought in models or speakers from other disciplines to provide insight on how to operate effectively in the midst of the current period of change in legal education.

In addition to my last post on Michele Weise’s Closing Plenary, in this and my next two posts, I’ll discuss three other provocative sessions that addressed different aspects of this theme.

On Tuesday morning my University of Washington colleagues Jennifer Fan and Lisa Kelly, worked with Rutgers-Newark’s Randi Mandelbaum and Syracuse’s Mary Helen McNeal to introduce the “liberating structures eco-systems model” of leadership.  That model views organizational change as an  infinity loop in which organizations move through four cycles that call for different styles of leadership:

Stage                                                   Leadership Style

Birth                                                     Entrepreneur

Maturity                                                Manager

Creative Destruction                           Heretic

Renewal                                               Networker

The model suggests that embedded in the cycle are two “traps“:

1. Between the Maturity and Creative Destruction stages lies the Rigidity Trap of “not letting go” of what the organization has birthed and brought to maturity.  Staying stuck in the past and wedded to the old ways of doing things.

2. Between Creative Destruction and Renewal lies the Poverty Trap of “not investing enough to accomplish renewal”.

Sound familiar? The session included an exercise where attendees decided which stage  they perceived their individual clinic, program, institution, or the clinical legal education movement to be in.  Participants  then added on the infinity loop diagram post-its with their results.  Although responses were spread around the loop, most clustered  among Maturity — Creative Destruction — and Renewal.  Most responses addressed clinical programs and law schools.

I find this framework a helpful reminder that our current struggles are “normal” and that they won’t last forever.  And inspiration to let go of fears and rigidity.

I’m grateful to my former colleague Tim Jaasko-Fisher for his work with liberating structures in the Court Improvement Academy of UW Law’s Children and Youth Advocacy Clinic.

Disruptive Innovation & the AALS Clinical Conference

One of the highlights of last week’s AALS Conference for Clinical Law Teachers was the closing talk by Michele Weise, Senior Fellow, Education at the Clay Christensen Institute for Disruptive Innovation. (A big shout out to Michele Pistone for her role in making that talk happen!) I was superficially familiar with the  disruptive innovation thesis, but Weise’s half-hour talk brought to life its relevance to the current moment in legal education in a way that previous exposure had not. Disruptive innovations that shake up a market or industry often follow a predictable pattern, it is argued. The established players in the market target a higher end client base and compete on quality, improving the product and selling it at a high margin.  This leaves a significant, low-end segment of the market unserved. New entrants provide an inferior product to these unserved consumers, and gradually improve the product and expand their market.  Poof go the established players. Think personal computers, print media, digital cameras, mobile phones . . . . Traditional higher education has long failed to reach a significant segment of potential consumers and the federal government’s shift from financial aid grants to student loans has greatly exacerbated that problem. Arguably, the stage is set for disruptive innovation and on-line technology may be the means to that disruption. The next step of Weise’s analysis was what really captured my attention. She noted that higher education currently serves many functions – transmission of content and certification of knowledge or skills; providing a safe space for young adults to mature socially; networking opportunities, mentoring and tutoring; research & dissemination of scholarship. These functions can be – and are being – disaggregated and provided more cheaply on line. Even the Harvards of the world are potentially at risk, according to Weise. Law schools have traditionally provided a generalist education.  As legal practice becomes more specialized, that educational model arguably serves to mask more specialized functions that could be disaggregated.  This is already being tried in my home state of Washington with our new Limited Licensed Legal Technician (aka/ Triple LT) program.  But lawyers also wouldn’t have to be trained as generalists.  As course offerings expand, the potential for moving away from the traditional generalist education does also.  Already,  this shows up in the transcripts of some of my students who are not necessarily taking the doctrinal courses that were considered foundational in my day.  Does this matter? Before hearing Weise’s talk, during the Law Clinic Directors Workshop, I raised the question “how much doctrine do we need to teach?” Good lawyers, I observed,  have extensive doctrinal knowledge.  (Of course, law schools historically haven’t taught doctrine in connection with the experiential anchor points that many of us need in order to retrieve that knowledge for practice.)  Elliott Milstein later challenged the importance of doctrinal knowledge,  observing that his clinic students handle their cases well regardless of whether they have taken relevant doctrinal courses.  Often true.  And yet . . .  The counter-example that I didn’t have a chance to share:  one of my  students  recognized that we could challenge a new unemployment compensation statute on the ground that the subject was not properly included in the title of the legislation.  A classic case of issue spotting that came about solely because he was taking a Washington State Constitutional Law course.  (I didn’t recognize the issue.) A reminder that the ability to issue spot is valuable.  But  . . . state constitutional law isn’t a classic “foundational” “bar course”. This issue spotting was strictly serendipity – a traditional doctrinally-focused course load would not have accomplished this result. I’m still struggling with the generalist/specialist question.  But it leaves me thinking about the potential for niche curricular innovation aimed at students – often older ones who understand their talents, passions and life goals – who come to law school with a commitment to a practice area like criminal law, immigration law, or business law.

  • Are there enough of those students to justify a legal education targeted at those niches?
  • If so, can we focus their education in a way that really prepares them for their specialty?
  • And, can we at the same time identify a “sweet spot” of “just enough” generalist knowledge to accompany that specialization?  One that provides a foundation for passing the bar exam and the analytical and research skills to master new areas of the law, but does not take up the bulk of a three year curriculum?

I don’t know the answer to these questions.  But they strike me as worth investigating.

Thanks to all our wonderful readers and contributors, we WON!

Best Practices for Legal Education” blog won first place in the ABA Journal Blawg 100’s Careers / Law School category. Our blog garnered more than 150 votes and was one of 13 popular vote winners out of 100 blogs.

The Blawg 100, as selected by the ABA Journal, was featured in the journal’s December 2014 cover story. As a winner of the popular vote, “Best Practices for Legal Education” will be featured again in the February issue.  The ABA Journal‘s Blawg 100 is an annual list of the best in blogs about lawyers and the law.

We also have a cool new BADGE featured on our site! Booyah!

A special thank you to Michele Pistone of LegalEd  for her great work on getting out the vote!

So keep those contributions, posts and comments coming!

 

Building on Best Practices for Legal Education Manuscript Submitted to Publisher

Four editors,  59 authors, 92 readers, three copy editors, librarians from two schools, a secretary, miscellaneous consultants, three student assistants for bluebooking, and one for setting up perrmacc links.*

Many people, occasionally in multiple roles, were needed to produce the manuscript sent to Lexis last Monday for the forthcoming book Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas, and Antoinette Sedillo López (eds.),  Building on Best Practices:  Transforming Legal Education in a Changing World. (Lexis 2015).  A monster project — but, as I assured a friend, no, not a manuscript about monsters and not monstrously unpleasant to produce – just big, ambitious, and sometimes exhausting for the editors and authors.  A big thank you to all who participated!

The book is a follow up to CLEA’s Best Practices for Legal Education, the 2007 volume by Roy Stuckey and others that inspired this blog.  Like Best Practices, this book will be distributed for free to legal educators.  Lexis has promised to make it available in electronic format through their e-book library and to provide print copies on request.  Look for it in four to six months — if all goes smoothly perhaps in time for the AALS Clinical Legal Education Conference in early May.

The coverage of Building on Best Practices is wide-ranging.  To quote from the Introduction, “[t]his volume builds on the call to link mission and outcomes; emphasizing the themes of integrating theory, doctrine and practice, developing the broader spectrum of skills needed by lawyers in the twenty-first century, and taking up the question how best to shift law school cultures to facilitate change.”

Advance praise for the book has included:

  • “[M]ilestone in legal education . . . that legal educators will rely on as much as . . . on the first Best Practices book.”  (Patty Roberts, William & Mary)
  • “Educational for folks who don’t know much about experiential education and insightful for those who do. . . .Really something to be proud of . . . an invaluable resource to schools as they go to work on implementing the ABA’s new requirements for learning outcomes and assessment. . .The perfect product coming out at the perfect time.” (Kate Kruse, Hamline)

Once again, CLEA deserves kudos for its support of an important scholarly project on legal education.  And the Georgia State University, University of New Mexico, Quinnipiac University, and University of Washington Law Schools deserve a big round of thanks for supporting the co-editors in this project.

https://perma.cc/ provides an archive for those annoying website links that quickly become outdated.

Teaching Optimism

Chris Rock’s tweet “Are black men an endangered species? No, endangered species are protected by law,” captures at once the failure to apply our laws and when applying them to do so effectively. Scan to the recently released Senate Select Committee’s Study of the CIA’s Detention and Interrogation Program, yet another example of how we struggle as a culture with the rule of law.

How do law schools inspire students to work within a system that yields such results?

The AALS Deans Steering Committee had this to say: “Law school empowers students to become agents of change because it teaches students about the legal system of the United States, a system that has the seeds of change built into its structure.” The statement goes on to say that “The rule of law is the foundation of our society, our political system, and our economic system” and “The primary role of law professors is to teach the next generation of lawyers to think critically about problems, to understand the structure and power of law in our society, and to be thoughtful and engaged with respect to solutions.”[1]

Indeed, critical thinking about legal and other strategies that touch on social wrongs has been discussed in law school classrooms and clinic supervision for decades. However, our legacy is the workarounds and neutralizing of civil rights, workers rights, environmental, and other laws intended to help us solve social ills; the seeds of change have not borne the results expected. Students who are attracted to law school because they see law as a tool for solving problems, soon sense a system that is mightily frayed. As these students navigate the texts and training offered, they struggle with how within our venerated legal system to achieve change that will connect the law to the values they consider essential for a viable society.

Vermont Law School’s curriculum committee just approved a new course called Legal Activism: Lawyering for Social Change designed to expose students to theoretical and practical approaches to legal activism. The course will use Alan K. Chen and Scott Cummings, Public Interest Lawyering: A Contemporary Perspective (Aspen Elective 2012) as its text, taking advantage of the book’s focus on activist lawyers and legal strategies in our history. The impetus for the course was largely the disconnect between the careful web of procedure, precedent and statutes that perpetuate unsustainable results and the desire so many of our students have expressed to find paths that reflect the values they hold.

As law schools consider how to prepare students for the “new normal” (a painful phrase), we must recognize that among them are those who question the very premises of normalcy. Our challenge is to work with these students to foster a sense that they can achieve meaningful results, and that it is not too late to try. Their pursuit of change may test the structure of law in our society and its relevance to the increasingly urgent problems we face. While they may not discover more sustainable results than those achieved by activist lawyers in the past, we will do well to help them envision the possibilities.

[1] See “Statement on the Value of Legal Education,” http://www.aals.org/wp-content/uploads/2014/09/Statement-on-the-Value-of-a-Legal-Education.pdf

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