Starting with WHY — Building Curriculum for Clinic-wide Orientation

My clinical colleagues and I are planning to convert an Orientation that we currently jointly teach into a 2-credit Clinic Orientation module. The Orientation typically includes a mixture of joint classes and smaller individual clinic-focused sessions.

Since we are developing this new course from scratch, it provides an opportunity to think deliberatively about how we design the course and to clarify our objectives and learning outcomes. In light of the changes in ABA accreditation standards, including the need to define learning outcomes and to assess according to our stated objectives, I thought it could be helpful to document the process we are taking as we develop the course.

My faculty colleagues and I met for the first time this week to start brainstorming for development of this new Clinic Orientation course. We started by brainstorming about WHY we want to develop the course. (I was inspired to Start with Why by Simon Sinek. Here is his inspiring TED talk on that topic).

Here is what we came up with as to WHY we want to develop a new jointly-taught, credit-bearing, Orientation module:

  1. Students need to be able to do certain activities early in the semester/hit the ground running:
  • Interviewing
  • Office procedures
  • Reflection/self-critique
  • Professional responsibility 101 (when working with clients)
  • Research
  • Fact investigation (including reading/maintaining files)
  • Working with interpreters
  • Persuasion
  • Attention to cultural difference/ competency/empathy
  1. Explain the WHY of our pedagogy (explain clinical pedagogy to students)
  • Active and engaged learning
  • Direct responsibility – WHY? Autonomy, mastery, purpose
  • Collaboration – across the board, with team, fellow clinic students, students in other clinics, support staff, faculty
  • Acting for Lawyers
  1. Reinforce “one firm” culture – clinical courses are different, collegial, work together, spaces where you can learn while having fun!
  1. Service Mission of Clinics
  1. Set our expectations for students
  1. Efficiency of teaching resources

As we developed this list, our goal was to brainstorm and include as wide a scope of objectives as possible. We decided to leave for another set of meetings the tasks of thinking about how to achieve these goals and what the classes designed to achieve them would look like. Keeping the conversation on task was a challenge; the temptation was to move onto thinking about how or what. We found it easiest when we designated a person to draw us back to the WHY task when the conversation started to branch off into thinking about HOW or WHAT.

Our next step is drawn from the IDEO Design Thinking for Educators Toolkit. IDEO is a design firm. It looks at systems from a design perspective. I am excited to start applying their theories and practices to legal education. I’ll keep you posted as that project develops.

Call for Talks – Igniting Law Teaching 2015

LAW PROFESSORS: Are you doing innovative things in the classroom? I would love to showcase your ideas at Igniting Law Teaching, a TEDx-styled conference on law school innovations.

The Call for Talks for Igniting Law Teaching 2015 is out, http://legaledweb.com/ilt-2015-call-for-talks. We’ll be reviewing proposals on a rolling basis, until January 15th.

The conference is March 19-20, 2015 (stay tuned for registration information) in Washington DC at American University Washington College of Law.

Last year’s conference brought together more than 40 law school academics in a TEDx-styled conference to share ideas on law school innovations. LegalED’s Teaching Pedagogy video collection includes many of the talks from last year’s conference (others are being produced and will be available soon).

The topics we addressed last year are: Flipping A Law School Course, Using the Classroom for Active Learning, Simulations, Feedback and Assessment, The Craft of Law Teaching, Applying Learning Theory to Legal Education, Beyond Traditional Law Subjects, and Teaching for the 21st Century.

We would love to hear more on these topics and also expand the horizons a bit. We designed the conference to create a forum for professors like you who are experimenting with cutting edge technologies and techniques in law teaching with the goal of spreading your ideas to the broader community. We see the conference as a way to showcase you as a leader in teaching innovation and to inspire innovation by others as well.

The Igniting Law Teaching conference is unlike other gatherings of law professors. Here, talks will be styled as TEDx Talks, with each speaker on stage alone, giving a well scripted and performed talk about an aspect of law school pedagogy. In the end, we will create a collection of short videos on law school-related pedagogy that will inspire innovation and experimentation by law professors around the country, and the world, to bring more active learning and practical skills training into the law school curriculum. The videos will be available for viewing by the larger academic community on LegalED, a website developed by a community of law professors interested in using online technologies to facilitate more active, problem-based learning in the classroom, in addition to more assessment and feedback.

This is a great opportunity to showcase your innovations to the legal academy. Consider joining us for Igniting Law Teaching 2015!

Cross-posted on the LegalTech Blog

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……

SRC voted to eliminate Interpretation 305-3 which distinguishes paid employment from academic field placements

American Bar Association Accreditation Standard 305  addresses “study outside the classroom” and, in particular, field placement courses.  Interpretation 305-3 states:

A law school may not grant credit to a student for participation in a field placement program for which the student receives compensation. This Interpretation does not preclude reimbursement of reasonable out-of-pocket expenses related to the field placement.

The written submission by the Clinical Legal Education Association (CLEA) filed January 31, 2014 (found here or on ABA site) argues

To revoke this regulation would give employers in paid field placements significantly more power both to control student work and to minimize the employer’s supervisory role, and would significantly reduce externship faculty control over the educational benefit of the placement.

This is a real concern. When I directed Albany’s field placement program, I often had to discuss with supervisors the difference between their treatment of academic interns and paid clerks. For example, throwing an inexperienced student into night court without direct attorney supervision may free up the evening of the harried assistant public defender or assistant prosecutor but it fails to teach the intern the constitutional way to practice law. And, if you pay the interns you may well be entitled to assign them to pick up your dry cleaning or walk your dog because your time is more valuable, however those activities are hardly educational. These were actual issues I addressed and was able to resolve in favor of the students educational experience because the employer had no money in the pot and needed to follow the requirements of the law school. That leverage will be undercut if interpretation 305(3) is removed.

I also agree with CLEA’s position that

……nothing suggests that field placement courses are displacing a large volume of paid part-time work for law students. To the contrary, pervasive anecdotal evidence suggests that employers are unable to pay and would prefer that students work without pay. Field placement directors (and placement offices) routinely field requests from employers who seek to offer unpaid work through a field placement experience. Nothing suggests an increased demand by employers to pay students who are also getting credit.

If anything, during difficult economic times, law students need the negotiating power of an experienced attorney and faculty member even more, since they are more vulnerable to exploitation by employers. I urge the Council to keep Interpretation 305 (3) in place to protect the educational quality of field placements. As discussed in another earlier post, during Thursday’s public hearing before Council members, Interpretation 305 (3) was discussed, including the applicability of the Fair Labor Standards Act, possible exploitation of students, and the problem of differing expectations regarding treatment of paid and unpaid interns. These issues are complicated and deserve further attention. With the SRC members deciding to complete the comprehensive review at the February meeting and leave issues which need more data and input for another day, it was surprising, in my opinion, to observe them move so quickly on the proposal to remove 305-3 without a more informed vetting of the issues.

Disclosure: I was recently elected co-vice president of CLEA. However, I was not responsible for the CLEA position letter on this interpretation. When writing on this blog, I do not represent CLEA.

Quite Moving but Frightening Testimony at AALS Conference

I write from the Hilton Hotel in New York City where the American Association of Law School annual conference has just ended.   The most memorable and riveting session I attended was the ABA panel presentation on proposed revisions to accreditation standards,   I knew full well that this would be an intense session and blogged about the dangers of these proposed revisions earlier in the year  here. .  The proposed revisions will change dramatically what I consider an essential facet of legal education:   the ability to acknowledge, discuss, debate, theorize,and write about  issues that are unpopular.  It will also prevent law faculty from teaching about and working with students representing clients on issues which are unpopular.   I knew this discussion would be intense but I was not prepared for  the stories of our brave peers in the academy which reinforced for me the fundamental importance of academic freedom supported by tenure or security of position.

One professor who self-identified as a female American who is Muslim reported  that she received death threats at work for appearing at a Department of Justice panel on National Security and Muslim issues.   She noted that without tenure and academic freedom, she would be at risk for firing for doing no more than accurately describing the national security legal issues.  She also eloquently explained that as a young, female professor of Muslim religious and cultural identity, she was vulnerable for receiving student pushback and bias for her assuming the position of power and authority over students.  Without academic freedom secured by tenure,  she would fear student bias in evaluations or impressions which could threaten her job security because of her Muslim identity.   A white woman who  taught at a religious school in the deep south,  movingly described her experiences. Without academic freedom supported by tenure, she found that  just raising legitimate legal issues and cases regarding property, same sex marriage, second amendment law, domestic violence or other issues could put her at risk of losing her job.  Had she not been supported by a tenure system which requires “cause” not popularity as measured by teaching evaluations or other factors, her personal and financial incentive would encourage her to avoid  teaching  important legal questions  for fear of back”pushback” .  Professor Terry Smith of Depaul College of Law presented remarks on behalf of the minority law professors section whose members attended in great numbers.  I share with you  his statement here (ABA Statement 1 4 13 ) Another member of the minority law professors section, Professor Anthony Farley,  cautioned that these issues are not “speculative” and spoke about ongoing attacks on academic  freedom, faculty governance, tenure and security of position at a particular school.  Other faculty members discussed how its hard to teach constitutional law in this country without mentioning race but that faculty who do not have security of position will find it difficult because when race is mentioned in a classroom, faculty inevitably suffer in teaching evaluations by students who are uncomfortable talking about race.

Professor Kate Kruse, past president of the Clinical Legal Education Section  noted that for many clinicians academic freedom has only been made real by the current ABA  standard 405 (c) and the  proposed revisions make no attempt to provide a “safe harbor” for the majority of clinicians and legal writing professors who also need to enjoy academic freedom.  There was some discussion by panelists and audience members about an earlier proposal which would have eliminated the hierarchical status types among faculty and questions about why that proposal was never presented for notice and comment.  See earlier blog discussion of the proposals. Past President of the AALS Clinical Section and Fordham Law’s Professor Elizabeth Cooper noted how tenured clinicians are  often asked by untenured  clinical colleagues to make points at public meetings that they are unable to make for fear of impact on their continued employment.

Members of the panel thanked those who testified for good reminders about the negative and practical consequences of these revisions. The Chair of the Council on Legal Education, attended and wanted the audience members to know that he had listened carefully to the concerns.  Past President of the AALS, Professor Leo Martinez and panel members urged  all interested parties to submit written  comments about this controversial proposed revisions on the ABA website found here.

Is the declining law school enrollment bottoming out?

Some interesting analysis from the ABA journal:

….figures suggest that enrollments are coming closer to matching the Bureau of Labor Statistics job projections, which project that the economy can absorb about 22,000 new lawyers a year through the year 2020. That’s good for prospective students, he says, who will have more reason to think that a law degree will translate into the career they intended. The decline in enrollments also creates revenue pressures that will force law schools to look for ways to provide a more affordable legal education.

On the negative side, the enrollment figures are still 20 to 25 percent higher than the projected market for new jobs requiring or preferring a law degree, he says. And other data suggests that some schools are maintaining enrollments as high as they are by accepting students with lesser credentials, which could have negative long-term implications for the legal profession.

David Yellen, dean of Loyola University of Chicago School of Law, says while the figures are not surprising, it is “still kind of stunning” to think that law school enrollments have declined nearly 25 percent in three years. “The last time fewer than 40,000 students were enrolled in law school was in 1977,” he says.

Yellen also says that while he thinks 52,000 new law school enrollees a year is too many, we’re now at the point where we might want to ask whether the market correction has gone too far and is being driven as much by negative publicity as anything else (emphasis added).

However, new applications are projected to be down another 10 to 15 percent in the coming year, he says, “so we’re definitely not at the bottom of the cycle yet.”

The enrollment figures come from the questionnaires that ABA-approved law schools file annually with the section. Over the next several months, the section plans to publish more reports about the data, including school-specific information, which will also be posted on the statistics page of the section’s website.

Last updated Dec. 19 to include enrollment figures from 1975.

ABA COUNCIL CALLS FOR NOTICE AND COMMENT ON PROPOSED CHANGES TO LEGAL EDUCATION

The ABA Council on Legal Education posted for Notice and Comment significant changes to the accreditation standards relating to the program of legal education, mandatory institution of an outcomes and assessment regime, and the status of and retention of faculty. Many of these proposed changes have been discussed in earlier posts in this BLOG for going on four years. I have copied here the memorandum discussing the notice and comment. WHAT SAY OUR READERS???

MEMORANDUM

TO: Interested Persons and Entities

FROM: The Hon. Solomon Oliver, Jr., Council Chairperson
Barry A. Currier, Managing Director of Accreditation and Legal Education

DATE: September 6, 2013

SUBJECT: Comprehensive Review of the ABA Standards for Approval of Law School Matters for Notice and Comment

At its meeting held on August 8-9, 2013, the Council of the Section of Legal Education and Admissions to the Bar approved for Notice and Comment proposed revisions to Chapter 1 [General Purposes and Practices], Chapter 3 [Program of Legal Education], Chapter 4 [The Faculty], Standard 203(b) [Dean], and Standard 603(d) [Director of the Law Library] of the ABA Standards and Rules of Procedure for Approval of Law Schools.

The Standards Review Committee of the Section has been conducting a comprehensive review of the Standards. As part of that review, the Committee considered multiple drafts and received informal comments from many interested persons and entities.

The proposed revisions and accompanying explanations are attached below and published on the Section’s website:
http://www.americanbar.org/groups/legal_education/resources/notice_and_comment.html.

We solicit and encourage written comments on the proposed changes by letter or e-mail. Written comments should be submitted no later than Friday, January 31, 2014.

Hearings on these proposed changes are scheduled for October 2013 and February 2014 (details below). Both hearings will be held at the American Bar Association, 321 N. Clark St., Chicago, IL 60654.

October 21-22, 2013
Monday, October 21st, 1 p.m.
Tuesday, October 22nd, 9 a.m.

February 5-6, 2014
Wednesday, February 5th, 1 p.m.
Thursday, February 6th, 9 a.m.

Please address written comments on the proposal and requests to speak at the hearing to JR Clark, jr.clark@americanbar.org.

Thank you.

Barry A. Currier
Managing Director of Accreditation and Legal Education
Section of Legal Education and Admissions to the Bar
American Bar Association
321 N. Clark Street, 21st Floor
Chicago, IL 60654-7958

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