Thought-provoking discussion at the NYLS Clinical Theory Workshop on Friday.
Definitions. Carrie Kaas reported on the “definitions” project of an Alliance for Experiential Education Committee chaired by Cindy Adcock of Charlotte. That committee is attempting to generate a common vocabulary around experiential learning — a set of common definitions for the overlapping and inconsistently used terms now in use. The Building on Best Practices project will need to decide whether to adopt that vocabulary, or not.
One of the most interesting, and challenging, tasks is to decide what differentiates an in-house clinic from an externship. Is it geography? Who pays the supervisor? A distinction rooted in pedagogy? Degree of independent role assumption? Or perhaps the distinction is no longer useful & and is ready to be junked?
I lean towards pedagogy & intensity of supervision, and degree of independent role assumption. Except when I lean towards junking the terminology and recognizing that we’re dealing with a continuum on multiple dimensions, as argued in Revision Quest: A Law School Guide to Designing Experiential Courses Involving Real Lawyering.
Sequencing. Cynthia Batt from Stetson presented her draft article on curriculum sequencing that is one of several independent articles spawned by the Building on Best Practices book project. Arguing for what I have termed the “layer cake” curriculum model, she conceded that the model is not necessarily the “only” or “best” model. But, she suggested, at schools where significant numbers of faculty are resistant to integrating experiential education throughout the curriculum, whether due to insecurity about lack of practice experience, fear of change, or other reasons, it is one that might have the best chance of implementation. Fair enough. A reminder to me that I’m at a school with relatively little resistance to experiential education.
Under the Radar Creativity. Cynthia made another comment that I’ve been pondering: “I am so impressed with my colleagues’ creativity, the kinds of work they are having students do that no one else knew about. Why are people so reluctant to talk about experiential education embedded in ‘traditional’ doctrinal education?”
That creativity certainly permeates my own law school. Based on a survey last spring, my colleagues are integrating experiential exercises into over 50 doctrinal courses. And they’ve created a long list of very creative simulation oriented courses, ranging from Venture Capital Deals to Supreme Court Decision Making to International Contracting.
So much of this creativity operates pretty “under the radar screen”. But I’m not sure it’s reluctance exactly. Lack of time? Lack of an appropriate forum? Understated, we-don’t-blow-our-own-horn Seattle manners?
I don’t know. But if our two schools at opposite corners of the country are representative, perhaps legal education has changed more than we know. Are we approaching a tipping point?
Filed under: Best Practices & Curriculum, Best Practices & Externships, First Year Law School Innovations, Teaching Methodology, Uncategorized | Tagged: Alliance for Experiential Education, Carrie Kaas, Clinical Theory Workshop, Cynthia Adcock, Cynthia Batt, experiential education | Leave a comment »
Helpful commentary on the perennial problem of political backlash against law school clinics about their choice of clients
Tulane Environmental Law Clinic director Adam Babich has put together a helpful piece, rich with deftly chosen citations from the likes of Ted Olsen, John Adams, and Justice Souter, to demonstrate the necessity of law school clinic independence in client selection, both for educational and service purposes. It can be found here:
In a few pages and accessible Q & A format, it is just as applicable to and useful to share with many non-environmental clinics, such as immigration student attorneys, who handle similar work (“involving complex regulations, administrative law, and disputes involving lots of documents”) and face comparable issues: on the totem pole of public unpopularity, undocumented immigrants, especially those allegedly convicted of crimes, may rank even lower than environmental activists.
My one quibble in presenting the article to students would be to comment on the use of commonplace phrases like “take the case” or “accept the case” or “reject/turn down the case.” I try to teach our student attorneys to think more in terms of “making an offer of representation” or “not prepared to offer representation.” It’s a subtle difference, I know, but not unrelated to the thrust of the piece in terms of the nature of the lawyer’s role, and a small way to reinforce the central concept of client as decision-maker.
Filed under: Best Practices and Clinics, Teaching Methodology, Uncategorized | Tagged: academic freedom, instituional independence, law school clinic, political interference, professional responsibility, professionalism, Tulane Environmental Law Clinic | 1 Comment »
One definition of “seminar” is: “a group of advanced students studying under a professor with each doing original research and all exchanging results through reports and discussions.” The roots of the word are from the German word of the same spelling, which means: “a group of students working with a professor,” and from the Latin word seminarium: “breeding ground; plant nursery.” To foster healthy growth of the seminar “nursery,” sessions need to be more than a series of teacher-directed discussions. We want the structure and requirements of the course to coax students into assuming more ownership than is typical of a law school classroom. At a very basic level, a question I am thinking about right now boils down to, “How do we best get students to stay current in the reading and pay attention in a seminar class, where there is no final exam?”
A recent New York Times article discusses a study where weekly quizzes were used at the start of each class of a large undergraduate Psychology course, resulting in increased rates of attendance and improved overall grades in the course. Is there a way to import this idea into smaller law school classroom to encourage completion of the reading and regular attendance? The ideas examined in a seminar, based on study and discussion, may not easily lend themselves to multiple-choice quizzes, but perhaps short answer quizzes?
Reading for and attending seminar classes are foundational, but we also need quality class participation from students. One way to ensure students are thoroughly ready to participate is to require students to write and turn in weekly essays reflecting on the reading and briefing any cases they read. But when a seminar course awards only 2 credit hours, students may balk at weekly writing assignments – voting with their feet by dropping the course. In addition, providing feedback on weekly written assignments can be very difficult for a professor to sustain, even in a lower enrollment course like a seminar.
What kinds of course requirements provide a sound framework for a successful seminar course? Which have you tried and discarded?
In April of this year, Kaplan Test Prep did a survey of 200 pre-law students. Fifty percent of those students stated that they do not intend to use their future law degree in a traditional legal field. If this statistic extrapolates out to the larger law student population, we have a generation of law students of which only half will ever be practicing lawyers. So if half of law students do not intend on ever practicing law in a traditional way at a traditional firm—what is their intention? The answer is as varied and individualized as our law student population. The answer is also forcing a revitalization of legal education and at no time has legal education ever been accused of changing too quickly.
I often hear the term “alternative legal careers” being thrown around but I am not sure that this has ever been readily defined. Does it mean people who have not passed the bar? Or those in compliance positions, entry-level solo practitioners, or even legal educators? Or those who don’t work at a law firm? The answer to these questions and other questions is yes.
There is a lot of chatter about the definition and assessment of the jobs law students obtain after graduation. Back in 2011, the ABA, in conjunction with NALP, came up with the category of “J.D. advantage” to describe jobs that specifically do not require bar passage but do utilize skills learned in law school. The employers might have preferred candidates with a J.D. (or even required a J.D.), and the job is one in which the J.D. provided a demonstrable advantage to obtaining and/or performing the job. Interest in these jobs skyrocketed as the market fell, with more and more students seeking the J.D.-preferred positions when there were many less traditional positions available. In fact, in 2011, one in every seven jobs taken by new law graduates fell into the J.D. advantage category. (NALP Bulletin, May 2013).
In my opinion, the category and even the term “J.D. advantage” is a bunch of rubbish. Graduates in J.D. advantage jobs are sometimes every bit of lawyers as their brethren at firms and other traditional jobs. Today, lots of associate work and especially first-year associate work can rarely be achieved only by a barred attorney. I believe the legal community and its governing body the ABA are finally just coming to the recognition of what we already know—the J.D. is an agile and flexible tool that can be utilized in many forums.
Let’s face it, the opportunities on the traditional path for new law graduates are shrinking. Therefore, all professional opportunities can and should be defined under “working” and not put under some other nomenclature of J.D. advantage. There are few professional pursuits that would not value the analytical thinking and knowledge of the law and ethics that law school offers. This new category describing any deviation from the traditional path is not required and seems to paint in broad strokes a picture of these jobs as “lesser.” Jobs outside law firm associate positions are in no way less, and in some cases can offer much more.
Here in Brooklyn, there is a hub of a new technology age guided by entrepreneurial spirit and innovation. If a new graduate were to join a start-up business at a local incubator, is that a J.D.-preferred job? After all, while the graduate may not be doing legal work day-to-day, you can be sure that their legal education will be of huge use and influence in the new venture. In fact, you can bet that contracts and other issues involving the law would find their way to the law graduate’s desk rather than another employee. How do we say this is not a law job but a J.D. advantage, or perhaps because the employer did not specify—not even J.D. advantage.
Compliance is another area where the J.D. advantage term is overused. As recently as 10 years ago compliance positions were considered quasi-legal jobs. However, as regulation became more intricate, more and more J.D.s were hired into these roles at all levels. Today, most new hires in the compliance world are J.D.s. In fact, this is a huge and lucrative area of growth for the law profession. However, under the ABA rules, these are J.D. advantage jobs rather than legal jobs.
So here is what we know—there are fewer jobs in traditional legal roles for entry-level attorneys. New graduates are seeking out different opportunities due to fewer traditional positions and a real desire to practice/work in non-traditional forums. The ABA has decided to define any job without a traditional title—associate, staff attorney, assistant D.A., etc.—as something other than a lawyer. So where do we go from here? We need to change legal education and the ABA to fit the new reality.
Law schools have already begun a huge era of revitalization of legal education—some might say an overhaul. Some of these changes are meant to streamline legal education, others to provide more practical training. However, there is another factor that is changing law school: teaching to and preparing the ever-growing population of graduates that do not wish to practice in a traditional forum. Brooklyn Law School teaches a business boot camp and has a clinic that incubates new businesses in all facets, not just legal. There are other law schools that have language classes and compliance courses that are not rooted in the law.
These types of endeavors will help entering law students navigate the business world while utilizing their legal education. This string of classes shows a new multidisciplinary approach in legal education. The more well-rounded student is coveted by traditional and alternative employers alike. The old yard-stick used to measure future success was academic prowess. That is slowly changing as employers of all ilks realize that they need to incorporate softer skills and business skills as well as legal skills to keep their organizations afloat. Being a knowledgeable and ethical attorney is no longer enough to satisfy today’s legal market.
We are facing a turning point in the legal market. Law students are not focused on the same goals as a generation ago, as evidenced by the Kaplan survey cited at the beginning of this article. They are seeking out a new type of legal career that is not rooted in the traditional ways and definitions of law practice. The institutions of the legal market need to accept and understand that one way of using a law degree is no less than another. Law schools have to prepare these students as well as they do those engaged in the more traditional practices. Thankfully, law schools seem to be rising to that challenge.
Jill Backer is associate director for employer relations at Brooklyn Law School.
Filed under: Best Practices & Curriculum, First Year Law School Innovations, Teaching Methodology | Tagged: Alternative Careers, American Bar Association, law students, Lawyer, legal education | 2 Comments »
I think this is very applicable for a US audience. The only issue is that the one portion discusses statistics particular to Australia, but the general message is an important one for all law schools.
Originally posted on lawschoolvibe:
Alex Steel, UNSW Law
There is a lot of research around that argues that students who are more engaged in class learn better. For law students the simplest form of engagement is to contribute to classroom discussion. That’s not always been the case – until the 1970’s Australian law students received most of their legal education via lectures.
Since then more emphasis has been placed on encouraging student discussion as part of the learning process – often called active learning. For some law schools this participation occurs in tutorials, for others it occurs through seminar style classes that replace lectures. In some law schools this participation is part of the formal assessment (assessed class participation (ACP)).
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Darlene Cardillo posted this on her Technology blog. I thought it may be of interest to everyone.
Originally posted on Instructional Technology at Albany Law School:
Another interesting article from the National Law Journal:
Law school upperclassmen are far more likely than their first-year counterparts to spend classroom time checking Facebook, playing solitaire, scanning sports scores or otherwise goofing around on their laptop computers, according to recent research.
Classroom observers found that among the 2Ls and 3Ls equipped with laptops, 87 percent used the devices for non-academic purposes for more than five minutes per class; 58 percent were distracted by their computer screens at least half the time.
By contrast, a mere 4 percent of the 1Ls observed during a civil-procedure course were “strongly distracted” by their computers, and 44 percent were never distracted.
The findings come from St. John’s University School of Law professor Jeff Sovern’s article in the latest edition University of Louisville Law Review: “Law Student Laptop Use During Class For Non-Class Purposes: Temptation v. Incentives.”
But he wasn’t the first to look at how…
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Join LegalED for a free webinar on
Flipping the Law School Classroom
When: Friday, Sept 27th from 2-3 pm EST
What is LegalED? Founded by law professors, LegalED is a website, legaledweb.com, designed to collect teaching materials for legal education. The site is host to a growing collection of short videos (each 15 minutes or less) on law and law-related topics (substantive, procedural, practical skills and professional values), as well as classroom exercises and assessment tools. The videos on substantive law could be assigned to students for viewing outside the classroom, in a flipped or blended learning environment, to supplement in-class teaching or to bring new perspectives into a course. Here is a recent article about LegalED.
What is flipped or blended learning? Flipped learning blends online with face-to-face instruction. It uses the internet for what it does well – information and knowledge delivery. When relevant information is delivered by online videos, face-to-face classtime can be devoted to learning activities that not only reinforce the knowledge, but also ask students to use their new learning to analyze, evaluate, apply or create material – all of which reinforces learning.
Registration: To register send an email to: firstname.lastname@example.org with your name and institution (participants will be asked to call into the webinar from a phone (with mute functionality, so as to avoid feedback) and should have access to a computer on which they can follow the presentation).
Register soon: space limited to the first 20 participants.
How the webinar will work: We are “flipping” the instruction so that we can maximize the take-aways from the webinar through active dialogue and discussion.
In preparation, all participants will prepare (approx. 20 min.) for the session by:
(1) watching two short LegalED videos (each less than 6 minutes) on the topic of flipping the law school classroom http://legaledweb.com/online-learning/;
(2) watching a short video on persuasive lawyering http://legaledweb.com/practical-lawyering-skills/ ;
(3) reading a blog post on how the persuasive lawyering video was used in a flipped classroom http://legaledweb.com/blog/2013/8/27/flipping-the-law-school-classroom.
The webinar is organized and presented by Professor Michele Pistone, Villanova University School of Law, with support from the Uncommon Individual Foundation, uif.org.
Cross-posted from: http://legaledweb.com/flipped-learning-webinar
Teaching & Learning in Higher Ed. (ISSN 2329-2504), a digital project that supports teachers and reformers in higher education through encouraging serious engagement with the scholarship on teaching and learning has recently announced its full launch.
You can visit at http://teachingandlearninginhighered.org/
The website features a manifesto, an infographic, a list of recommended readings and a blog.
Submissions to the blog are welcome on an ongoing basis.
Since its soft launch in March, visitors have viewed the site more than 4500 times. Some of the most viewed posts to date (with links shortened through goo.gl) include:
- Grow the 8% (Infographic) <http://goo.gl/lU9btn>
- Eric Mazur’s Incredible Transformation in Teaching College Physics <http://goo.gl/fLdIAU>
- Preparing Students For What We Can’t Prepare Them For <http://goo.gl/OMcS2P>
- Widely Observed Rituals of Compliance: Ted Marchese on the Assessment Movement <http://goo.gl/TPFoIt>
- Professor Deeply Hurt by Student’s Evaluation, The Onion <http://goo.gl/cJMR1a>
Those interested can sign up on the site to receive updates of new posts by email or follow the blog through:
- Facebook <http://goo.gl/F5Bn65>
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Please consider visiting, reading, following, commenting, sharing, and/or submitting posts to the blog.
ABA COUNCIL ELIMINATES ANY MEANINGFUL SECURITY OF POSITION FOR FACULTY AND TURNS ITS BACK ON EXPERIENTIAL FACULTY
As reported last week here, the ABA Council on Legal Education met in San Francisco to review proposed revisions to law school accreditation standards. The ABA reviewed four proposals sent to them by the Standards Review Committee (which I described in an earlier post here) and which were intended to address faculty competence, academic freedom and governance rights. The Council sent out for notice and comment two of the four proposals. Some commentators have suggested that one of the adopted proposals includes some security of position and the other does not. However, a closer look suggests that neither proposal affords any meaningful security of position. see National Law Journal
The alternative that mentions security of position states that:
“(d) A law school shall afford all full-time faculty members a form of security of position sufficient to ensure academic freedom and attraction and retention of a competent full-time faculty (emphasis added).”
At first glance, I optimistically thought “Maybe ensuring a competent full-time faculty would require something beyond at-will employment?” However, I was reminded by a professional colleague that this proposal is identical to the current provision for legal writing professors, which has been interpreted to permit at-will contracts as long as the teachers are “competent,” Undeterred in my optimism, I thought “Well ensuring academic freedom certainly needs to ensure some job security especially for folks like clinicians who have been attacked repeatedly for representing the powerless against the moneyed members of our society, right?” However, the ABA interprets that same language in the clinical context to permit one-year renewable contracts, as long as the institution has a “policy” on academic freedom,
As Amy Poehler would say “Really!1?! Really!?!” Is that really the kind of job security that will fill you with confidence in advocating on behalf of seemingly powerless clinic clients or articulating unpopular but important legal positions? And what about all this talk from the ABA and the profession about how students need to be better prepared for practice and the profession. “Really!1?! Really!?!” How is that going to happen when you de-value those in the academy who teach through supervised practice ? CLEA President Kate Kruse got it spot on when she wrote on the clinic listserv,
“Because tenure is now and is likely to remain the norm only for doctrine professors, both of these provisions protect current faculty power relationships and threaten the presence in legal education of teachers specializing in experiential education.’
That is not good news for legal education, law students or future clients. REALLY.
Filed under: Best Practices & Curriculum, Best Practices & Setting Goals, Best Practices for Institutional Effectiveness, Best Practices, Outcomes & Assessment Techniques, Catalysts For Change, Teaching Methodology | Tagged: ABA, ABA Council on Legal Education, aba standards, ABA Taskforce, academic freedom, CLEA, clinical legal education, experiential learning, faculty, faculty tenure, law schools, legal education, legal writing, tenure | Leave a comment »
I have been a student at two law schools now: one is the well-established Albany Law and the other is a new law school in Tennessee that just graduated its first class in May, the Lincoln Memorial University’s Duncan School of Law. There are, of course, vast differences between the two schools, but my post today is intended to talk about the relative approaches to legal instruction in relation to technology in the classroom. Of course, each professor has his or her own methods for teaching any given class; however, there are stark differences between the over-arching practices of each school. While Duncan may not have the longest history as an institution, the school was able to develop innovative techniques regarding the use of technology and progressive teaching methodology without being burdened by “tradition” or resistance to change.
Priding itself on its technology in the classroom, Duncan professors made prevalent use of audio-visual presentations (charts, power point slides, etc.) and computer-aided instructional techniques. Among the practices supplementing traditional instruction methods were daily “turning point quizzes.” At the beginning of each class, students were electronically asked a series of questions regarding the materials covered in the previous class; some classes graded these quizzes, others were merely for instructional purposes. The students would respond (usually by answering MBE-style multiple choice questions), and their answers would be displayed in poll-results format. Based on the results, the instructor was able to spot where the students lacked a complete understanding of the material and was better able to proceed with the day’s class–building on previous understanding towards a more complete instruction method. These “turning point” quizzes are similar to “Clicker” quizzes, except that the turning point quizzes could also have varied answer formats (such as short answer and essay responses).
The instruction style at Albany Law seems to be more traditional, that is, the instructor usually uses a modified Socratic method. I have been in classes that have taken a more practical approach, even including simulated cases–this is a somewhat recent addition presumably brought about by our Best Practices efforts. Of course, once the class period is over, there is typically little “looking back.” While material certainly built upon previous topics, the process is sometimes less clear. During the previous year (my first year at Albany Law), I found myself missing the constant feedback of the “turning point” quizzes and the ability to go back and review slides to revisit lectures if I needed clarification of some topic that was covered. I do not intend to say that my education was somehow better at my previous school than it is now–I have had teachers so glued to the textbook and their powerpoint presentations that they barely took time to actually teach–but the use of technology in the classroom to further outcome-based learning techniques was a crucial instrument to my learning process.
Of course, Duncan is in its relative infancy. The students did not have access to the clinical and practical experiences available to students at a more developed school with a more extensive network of connections. I would suggest a blending of the two styles: student-oriented outcome-based learning (perhaps through the use of reviewable technology and turning point quizzes to supplement the more doctrinal courses) and clinical/practical experiences.
If anyone can think of some practical ways to incorporate the use of technology in a class to further outcome-based techniques, please share your ideas in the comments.
The Institute for Law Teaching and Learning has some fascinating ideas about getting students invested in the materials they are learning. Most recently, Sophie M. Sparrow at the University of New Hampshire School of Law wrote:
“Engaging students in active learning has long been one of my main teaching practices. As many of us know, educational experts have found that students learn more when they are actively engaged, such as by speaking, writing, or discussing, rather than listening to a lecture or discussion. Having just completed a three-day workshop with educational expert L. Dee Fink on course design, however, I learned that I should redesign my approach if I want maximize what students learn from their active learning assignments. This month’s idea is about how to improve active learning exercises.”
Continue reading here.
Hi Everyone! Mary just invited me to join this blogging community. Glad to be here.
For my first post, I’d like to think about how flipped or blended learning could be used in legal education. Flipped learning blends online and in-class instruction and has been used of late in lots of educational settings, including K-12 and undergrad. I think there is a place for it in legal education too.
The way I see it, flipping the classroom can take a lot of different forms. I envision them along a spectrum, something like this –
At one end of the spectrum, it can be used to
1. Reinforce learning after class — professors can assign online videos for students to watch after class, to help clarify and/or reinforce the doctrinal concepts that were taught in class, and help to build students’ doctrinal knowledge.
2. Lay a foundation – professors could require students to watch videos that cover basic, foundational concepts – so classtime can start further along the learning process.
3. Supplement with different perspectives — Professors may also assign online videos (prepared by other professors) to supplement their own lectures, so that their students can hear different voices or perspectives on a particular topic or to have students hear from experts on topics beyond the professor’s own field of expertise.
4. Facilitate higher level Socratic dialogue – when professors assign videos for students to watch before class, students have time to think about and reflect on the lesson before arriving in the classroom. That way the videos may reinforce the concepts in the assigned reading and when students come into class – having heard the lesson on the reading before class — they will be ready and able to engage in a higher level of Socratic dialogue and discussion of assigned hypothetical and in-class problems.
5. Integrate essential lawyering skills — when online videos are assigned as homework, as a substitute for a professor’s own lecture — class time is freed up for more active learning exercises that incorporate some essential lawyering competencies.
6. Professor as Facilitators/Guides — Some professors may decide to use videos to help integrate practical lawyering skills in doctrinal courses. Students could be required to review videos on substantive law and on practical lawyering skills out of class. Then, classtime can be devoted to simulations or role plays in which the students use the material they learned on video to engage in essential lawyering skills – such as negotiations, interviews, or oral arguments.
In this way, the professor is moving from a position at the front of the class, to a coach who works one on one with students, or with small groups of students, during assigned classtimes. And it promotes collaboration and team building among students.
This last category would be at the other end of the spectrum and allow professors to bring more training in practical lawyering skills into each course.
What do you think? Let me know if I’m missing something. I am speaking about how to use technology in our teaching at the AALS Clinical Conference next week. I’d love to hear your reaction to these ideas before then.