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Review: Spaced Repetition: A Method for Learning More Law In Less Time

Review: Spaced Repetition: A Method for Learning More Law In Less Time

By Tonya Krause-Phelan, WMU-Cooley Law School

Spaced Repetition: A Method for Learning More Law In Less Time by Gabriel H. Teninbaum
17 JOURNAL HIGH TECHNOLOGY LAW 273 (2017)

Spaced Repetition explains why spaced repetition is so much more than learning from flashcards. This article presents a concise tutorial detailing the psychological phenomena known as spaced repetition and how it can help to law students, bar preppers, and practitioners learn the law more quickly, effectively and efficiently. Discovered in the 1800’s, spaced repetition is a learning and memorization method that not only improves the way people learn and prepare for exams, it also fosters faster learning and greater retention. To understand how spaced repetition promotes learning and aids memory,  it is important to consider the three related psychological phenomena that form a spaced repetition system: the forgetting curve, the spacing effect, and the testing effect.

The forgetting curve is the decline in the ability to recall information. This occurs because as soon as a person learns something, they begin to forget it. To combat the forgetting curve, spaced repetition cues learners to restudy immediately before the learned material is predicted to be forgotten. Research shows there is an ideal moment to reinforce learned information. Recalling the information at just the right time allows learners to not only keep the memory active, but to identify the information that has already been forgotten so it can be targeted for restudying.

The spacing effect requires study sessions to be properly spaced to slow down the forgetting curve. Because of the initial steep decline of the forgetting curve, learners will need to review information frequently at first. Over time, the spacing effect increases allowing learners to wait for longer periods of time between review sessions. If done correctly the spacing can go from hours, to days, to weeks, to months, and even to years. As a result, material learned via spaced repetition in the first year of law school could be reviewed periodically throughout the second and third year of law school to be easily recalled during bar review and the bar examination.

The testing effect describes the ability of people to more readily recall learned information. Learners experience the testing effect when they recall learned information by testing themselves instead of passively observing the information. The benefit is even more pronounced when assessment is followed by meaningful feedback that includes exposure to the correct answer. The most effective spaced repetition techniques involve learners answering questions which force them to use their memory as much as possible such as free recall, short answer, multiple-choice, Cloze deletion exercises, and recognition. But spaced repetition can be so much more than just definitional flash cards and fill-in-the blank exercises; it can also be used to help learners apply complex content.

Early on, spaced repetition systems had to be created and used by hand. However, today, mobile applications have opened up a whole new world of possibilities for staging spaced repetition platforms. While Spaced Repetition is a primer on the basics of spaced repetition systems, it also promotes the author’s web-based platform: SpacedRepetition.com. The author has built in several key benefits into his platform including: it’s a web-based platform easily used on smartphones and mobile devices; it uses an algorithm to apply spaced repetition; it includes expertly created core content; it allows for editable content; it provides a third slide option (to include other pieces of black letter law or context); and, the content is shareable.

Spaced repetition can help law students, bar preppers, and practitioners learn more effectively and efficiently. The author cautions, however, that spaced repetition requires more than just looking at flashcards. Users of spaced repetition must still learn how to organize, apply, and express the law. But, if learners use spaced repetition outside of the classroom, legal educators can make more effective use of flipped classrooms as well as active learning and application exercises. While this article promotes the author’s platform, it is worthwhile read for legal educators looking to understand and provide spaced repetition learning opportunities for their students.

 

Being human to my students and letting them know I care

Being human to my students and letting them know I care

By Jane Korn, Gonzaga University School of Law

I have taught first year law students for a long time.  Please do not ask how long!  But years ago, I became worried about the mental health and stress levels of my first semester, first year students. I teach a four credit, one semester course in Civil Procedure during the first semester of law school.   On the last day of the week that I teach in Civ Pro, I take a few minutes out of class time and ask my students to tell me how they are doing.

The first time I do this, usually at the end of the first week of law school,  I tell my students that it is my custom, from time to time, to take time out from Civ Pro, and talk about anything they would like (with some limits).  In some years, it takes weeks for them to take me up on this offer.  Other years, they start right in.  They ask questions like the following:

  1. When should I start outlining?
  2. How much time should I spend studying every night?
  3. How important is getting involved in extracurricular activities?
  4. What if I don’t know what kind of law I want to practice?
  5. Do professors care about grammar and organization on a final exam? (I only answer what I expect and do not answer for other faculty)

I think that much of the time, they do not get a chance to ask a law professor these kinds of questions, and can usually only ask upper class students.  While we have faculty advisors, students may or may not feel comfortable asking them questions like the above.  They eventually do (and sometimes quickly) feel comfortable asking me a wide variety of questions.  They sometimes ask personal questions and, within reason, I answer them because it makes them feel more comfortable with me.  Questions on gossipy matters about other faculty are off limits. If for example, they complain about another professor,  I handle this question with a smile and say something like – you should ask that professor about this issue.

I set aside class time for several reasons. First, while I do worry about giving up valuable teaching time, lessening the stress of my students may make them more able to learn.  Second, students often feel like they are the only one with a particular concern during this first semester, and they often do not have the ability to know that others have the same concerns or questions.  In the first year, many of our students are not from this area and are far away from support systems, at least at first until they can make friends at law school.  The ability to know that other students have the same problems they do can lessen the feeling of isolation.  Using class time to answer questions to the entire group may help them with this sense of isolation and being the only one who doesn’t know something.  It also lets them see that their concerns are important and credible.

Every year my teaching evaluations reflect this process positively.  Students feel like I care (which I do).  However, the reason I do it is to increase their comfort during those first few exciting, confusing, and terrifying months of law school.

Review: Of Courtrooms and Classrooms

Review: Of Courtrooms and Classrooms

By Rory Bahadur, Washburn University School of Law

Daniel Cover, Of Courtrooms and Classrooms, 27 B.U. Pub. Int. L.J. 291 (2018)

In her recently published article “Of Courtrooms and Classrooms,” professor Cover suggests ways that trial lawyers can increase the efficacy of their presentations to juries by analogizing the jurors to students in a law school classroom.  Even though the article is targeted at practicing attorneys her comparisons of jurors and law school students provide useful insight in to the hallmarks of effective pedagogy.

In her introduction, Cover points out that essentially a trial lawyer’s job is to convince jurors who have no idea going in what the case is about. She does this through a storytelling/narrative technique that captures the jurors’ attention even though many of the concepts coming at them are new and they are in a difficult environment where long days promote fatigue.  This she suggests is akin to the law professor’s job in the traditional doctrinal classroom.

She then examines the theory of how adults learn or andragogical information and concludes that some essential components of adult education are:

  1. The student rather than the subject matter is the center of the inquiry
  2. Adults learn better when they have a need or experience learning will satisfy
  3. Adults want to be self-directed in their learning
  4. Because of the various experiences acquired over the time it takes to become an adult, effective pedagogy must take into account difference in style, time, pace and place of learning.

The article goes on to describe in tangible and very useful ways law professors and trial lawyers can ensure the principles listed above are incorporated into presentations.  However, the most fascinating of these is here reference to the “disorienting moment.”

Cover explains that in the law school classroom and in trials students and jurors experience moments when their previously held beliefs and assumptions are challenged.  This she explains is a “disorienting moment.”  She suggests that these disorienting moments, when an adult’s schema are challenged, provide the most fertile ground for planting the seeds of new information. This is because challenges to schemas facilitate the incorporation of new information into the schemas and the creation of new schemas.

If you take only one useful piece of information (though the article is chocked full of useful information) form Cover’s work, then consider she suggests designing classroom presentations to deliberately include disorienting moments which facilitate significant incorporation of new knowledge into old knowledge.

Ultimately, the article is well researched and very useful.  It is a must read

 

 

Content Analysis Coding Practice

Content Analysis Coding Practice

By Sandra Simpson, Gonzaga University School of Law

Hi All,

I have been doing training on assessment practices for in-class use and for institutional programmatic assessment.  To that end, I am learning many techniques which I am employing in my class to find out what teaching methods are working and what are not.  I learned the following coding method which allows me to assess answers from my students to open-ended survey questions.  To use the coding method, I look for themes in their answers.  I describe the system below.  Please contact me should you have any questions on the methodology or what I do with the information.  In traditional, interactive fashion, there is a practice exercise at the end so readers can see how simple this method is.  Once I see themes, I am able to respond and make changes.

Method:

Course goal:  Students will learn how to locate and print and on-line sources which are complete and relevant to solving a factual problem.

Question posed:  You are asked to do many assignments and activities in this class to help develop your legal research skills.  Please identify an assignment or type of activity that you found most helpful in developing your research skills.  Please include in your answer a specific description of what about the assignment and/or activity that helped you.

I asked this question to my students as I wanted to hear the student perspective on which types of assignments and activities most effectively helped them develop research skills.  I give many assignments, but I was unsure which ones were useful. I also wanted to know what about the assignment was helpful: step-by-step instructions, group work, lecture, or flipped classroom model. I developed a coding system so that I could analyze the results.  I devised the coding after reviewing a 20% sample of student responses.  I randomized who I chose.  They turned in the responses, and I chose every 5th one.

  1. Identification number for class level: (accelerated student=1; a traditional 1L=2)
  2. Overall response: (0=no response/question was unanswered; 1= student provided a usable response; 2=state/implied that research skills were not strengthened in LRW I course; 3 =response was either not useful or could not be coded)
  3. Positive mention of a structured assignment which led the student with step-by-step instructions to helping them develop research skills. (0=no; 1=yes)
  4. Positive mention of a structured assignment which required to use or develop research skills but no mention of step-by-step guidance being useful. (0=no; 1=yes)
  5. Positive mention of a structured assignment which required students to work collaboratively. (0=no; 1=yes)
  6. Positive mention of lecture on how-to-do research in print by LRW professor. (0=no; 1=yes)
  7. Positive mention of demonstration on how-to-do research on-line by the librarians. (0=no; 1=yes)
  8. Positive mention of video demonstration on how-to-do digest research in print which is uploaded to the TWEN page. (0=no; 1=yes)
  9. Positive mention of one-on-one assistance of a faculty member. (0=no; 1=yes)
  10. Positive mention of one-on-one assistance of a librarian. (0=no; 1=yes)

Use the coding scheme on the previous page to code the following three responses.  Each student has one row.

Student 1: Accelerated student: I learned the most about research when we did the mini assignments on finding cases in the digests in print.  It was most effective to me as we were allowed to work in groups, the professor gave us clear instructions as to each step in the process and I was able to watch the video on TWEN where the professor walked through an example.  Other assignments did not teach me as much when I had to struggle alone as I wasted a lot of time.

Student 2: Traditional 1L: This class and all my law classes have been a struggle for me.  I often don’t know where to go for help, and I am tired and stressed all the time.  The teacher seems to favor the three girls in the front row.  The rest of us aren’t encouraged to say anything.

Student 3: Traditional 1L: the assignment that taught me the most about research and really helped to develop my research was our first open memo.  What helped the most was struggling through the resources myself, asking for guidance from the librarian, and meeting personally with the professor who went to the library with me.  I found myself looking back at my lecture notes and the reading to remember how to do things.  This particular assignment helped bring it all together.  The other mini-assignments were too disjointed to help me much.

Coding sheet

 

 

Change Your Syllabus, Change Your Life

Change Your Syllabus, Change Your Life

By Elizabeth Sherowski,
Visiting Clinical Assistant Professor, University of North Carolina-Chapel Hill

What’s in your syllabus? If you’re like most law professors, it’s a mash-up of course information, schedules, learning objectives, and university-dictated policy language. You probably cobbled it together during your first few years of teaching (cribbing some parts from other professors’ syllabi), and you probably haven’t updated it, other than to change the dates on the reading assignments, in some time.

But what message is your syllabus sending to your students? The syllabus is usually the first thing that your students experience in your course — and you never get a second chance to make a first impression. By changing the focus of the syllabus from rules and policies to explanations and support, we can change our students’ (and our) view of the course.

The Rule-Focused Syllabus

Imagine if, on your first day of teaching, one of your senior colleagues handed you a list of all the ways she predicted you would make mistakes in your first year, and the penalties you would incur for making those mistakes. That’s basically what we’re handing to our students when we kick off the course with a list of all the things they’re not supposed to do (miss class, turn work in late, start emails with “Yo, what up?”) and the penalties for doing them.

Syllabi that focus on policies and rules create a transactional relationship between the learner and the teacher. “If you do these things, and don’t do these other things,” it says, “I will reward you with this grade.” Frankly, that’s a terrible way to learn. It leads the student to focus on the outcome (the grade) rather than the process and importance of what they are learning. Additionally, research on adult learners shows that they learn best when teachers are partners, rather than authority figures. Presenting the course as a collection of rules, and presenting ourselves as the arbiter of those rules, actually hinders learning.

The Learner-Focused Syllabus

Now imagine if, on your first day of teaching, that senior colleague instead handed you a list of teaching practices they had found to be effective, with explanations of why those practices worked. That’s the idea behind the learner-focused syllabus — it explains what the students will learn, why it matters, and how to be successful. Rather than focusing on what matters to the teacher or the administration, it focuses on what matters to the learner.

For example, instead of just listing course objectives (“students will be able to research and apply federal regulations”), a learner-focused syllabus explains why those objectives matter and how they will be met:

Federal regulations impact almost every part of life, from the time we’re born (Department of Health, Department of Education) until after we die (Social Security Administration, Internal Revenue Service). Through in-class demonstrations and client simulations, we will learn to locate these regulations in print and online and apply them to our clients’ legal issues.

A student receiving the first syllabus will know what they will learn, and no more. A student receiving the second syllabus will know what they will learn, plus how they will learn it and how it fits in with their larger goal of becoming a successful attorney.

The same is true for rules and policies. Instead of taking a punitive or dictatorial stance (“students are required to bring both books to every class session, and failure to do so will negatively affect their grade”), a learner-focused syllabus explains the reasons behind the rules and policies, and helps students know and do what’s expected:

In some courses, it may seem that the reading is optional, but that is not the case in this class. Our casebook and supplement illustrate concepts that we will be learning throughout the course, and we will refer to them often. Therefore, please bring both books to every class meeting.

Nothing has been lost in the conversion from rule-focused language to learner-focused language — the students are still required to bring their books to class. But they’re more likely to comply with the second request because it explains the reason behind the rule and shows how following the rule will help them to succeed.

Changing Your Syllabus Will Change Your Life

Two years ago, I switched from a rule-focused syllabus to a learner-focused syllabus (you can see the evolution here). I knew it would change how students interacted with the course, but I didn’t realize how much it would change my teaching (and my attitude) as well. Changing my syllabus refocused my attention on what I love about teaching: helping and encouraging students, not making and enforcing rules.

The learner-focused syllabus also forced me to explain (and subsequently re-evaluate) my course objectives, making the course more coherent and the teaching less taxing. The new syllabus helped my students focus on what really mattered, and teaching became more enjoyable with learners who were interested in learning skills that would help them achieve their long-term goals, rather than just angling for an A.

Changing my syllabus was a lot of work, but it paid off in more-motivated students, a more coherent course, and a much happier professor.

 

Elizabeth Sherowski is a Visiting Clinical Assistant Professor at the University of North Carolina-Chapel Hill School of Law. Email her at esherowski@unc.edu.

 

 

Notes on Supporting Non-Millennial Law Students

Notes on Supporting Non-Millennial Law Students

By Jeremiah A. Ho, University of Massachusetts School of Law

Usually about this time in June—during the early-to-middle weeks of the summer break—is when I do an assessment of my teaching from the past academic year.  By now, all of my final exams have been scored for a while and grades have been submitted.  Students are gone off for their summer jobs and internships.  A sense of quiet resides within the faculty hallways and invites contemplation.  For me, it’s a great time look back because the distance from finals grading has dissipated any visceral feelings—positive or negative—that might have otherwise influenced a look-back at my teaching.  I want any assessment to be as honest and objective as possible.

In looking back this particular year, I note the presence of a few more non-traditional, older law students in my first-year courses than usual.  Because of their increased presence, the challenge of trying to support them was thrust upon me from fall to spring.  Of late, I have seen many great pieces in current law teaching literature focused on teaching law students from the millennial generation.  However, when curiosity got the best of me and I searched for current articles on teaching and supporting law students outside of the millennial generation, I found some statistical knowledge, but not very much constructive observations or information.  For those likeminded folks who have also wondered how to better teach and support our older, non-millennial law students, I have a few observations from my own experiences this year.

  1. Non-millennial law students are not a homogeneous group. Just because they are beyond the current mainstream generation of law students in age, does not mean that they resemble each other either.  Many of my non-millennial law students varied in age and background from each other as well.  As a reflection of that variation, they brought to the student body many differences in socio-economic status, career backgrounds and goals, and life experiences.  For me, as the instructor, this variation also meant trying to use different strategies to make them feel included in the dialogue in the classroom—often relying on their practical experiences before law school to invite conversation.  For instance, in Contracts, cases dealing with homebuying or employment relationships often allowed my non-millennial law students who own property or have had working experiences to engage in the material from a more practical way and offer insight.
  1. Non-millennial law students often prepare differently for classes than younger law students. One very observable characteristic between my millennial and non-millennial law students has been in their method of preparation.  Whereas my millennial law students will often find something in their case reading is relevant only because it’s relatable at the time to a concept that we were readily and simultaneously learning in the course, my non-millennial law students will try to broaden what is relevant and significant by asking themselves, “Do I need to know this just in case?”  This difference translates into their preparation for my classes and final examination.  While I have to sustain relevancy for my millennial law students, I have to show my non-millennial law students what material or information might be extraneous.
  1. Some non-millennial law students tend to become important emotional pillars in the student body. Because of their life and career experiences prior to law school, my non-millennial law students often become role models in extra-curricular positions or become sources of emotional support to their millennial counterparts in the first year.  This occurrence often does put added stress to their own studies and time management.  As the professor, I often will remind my non-millennial law students to take a moment and assess what they can or cannot take on—especially for those students who might also have an active family life or work responsibilities outside of law school.
  1. Non-millennial law students learn just as quickly and as readily as millennials. I have no quantitative or qualitative statistics here.  This observation is just anecdotal.  However, I have witnessed the successes of many non-millennial students in my various classes, which gives me confidence in making this statement.  I do concede that success could be attributed to the amount or type of preparation that non-millennial students put forth rather than natural ability.  But I stand by this assertion, nonetheless.  It is an observation that counters biases against any societal perceptions of “handicaps” to learning as an older law student.
  1. Non-millennial law students bring a contextualized experience to the dialogue of the classroom. Often, this observation is touted as a reason to welcome the admission of older law students in law student body.  It adds to the diversity of the student population and can be seen as generating different viewpoints in class dialogue.  That is true to some extent.  However, I have noticed that sometimes the prior work, life, or industry experiences outside of law school can also impair ways to see the other side of a situation—especially if they have had some extensive work experience in something related to my course.  So I often will spend time in the classroom welcoming their viewpoints but also de-contextualizing them by countering with hypotheticals that might get them to see other possible sides of an issue.

These points above are generalized observations and not all non-millennial law students exhibit these traits.  However, I hope my descriptive observations here give some guidance and food for thought to other law teachers out there who are interested in making sure non-millennial law students succeed just as well as their millennial peers.

 

A Negotiation Exercise for Your Legal Skills (or Contracts) Course

A Negotiation Exercise for Your Legal Skills (or Contracts) Course

By George J. Siedel, University of Michigan

An ABA Business Law Section task force recently completed a landmark report titled “Defining Key Competencies for Business Lawyers” that was published in 2017 in The Business Lawyer (Winter 2016/2017).  The report drew on the framework of the ABA MacCrate Report (“Legal Education and Professional Development–An Educational Continuum”), and is directed toward law schools and law firms.

Both reports emphasize the importance of negotiation as a key lawyering skill.  As the MacCrate report notes, “the skill of negotiation is a fundamental part of legal practice….”  The reports also discusses the analytical skills that lawyers must have when participating in negotiations.  The MacCrate report, for example, emphasizes that all lawyers must be able to (1) determine the bottom line; (2) evaluate alternatives; (3) identify outcomes from the negotiation; (4) analyze whether the negotiation is zero-sum, non-zero-sum, or a mixture of the two; and (5) examine the negotiation from the perspective of the other side.

A Free Teaching Package to Develop Negotiation Skills

I have developed a free teaching package that can be used by professors who want to introduce these skills in their courses.  The package includes a negotiation exercise with two roles, a Teaching Note, and Powerpoint slides.  The package could be used in a legal skills development course, in a legal writing program that includes negotiation, or (because the exercise is a contract negotiation) in the first-year Contracts course.  Here is a link to the package:

https://umich.box.com/s/ewycm8d4vedns15hj7m68oxfx4yu2qvz

The exercise, titled “The House on Elm Street,” involves a transaction that everyone can relate to—the sale of a house.  The twist in the exercise is that, unknown to the seller, the buyer is a secret agent representing a company that wants to demolish the house.  Students receive a short (two-page) role as either the buyer or seller, and they negotiate for 30 minutes, followed by an instructor-led debriefing.

The exercise is designed to achieve several learning goals that include the analytical skills mentioned in the two ABA reports.  Students will learn how to:

  1. understand the different types of negotiations;
  2. prepare for negotiations using a negotiation analysis that includes a reservation price, most likely outcome, stretch goal, and zone of potential agreement;
  3. recognize and decide ethical issues, using law-based standards (fraud, fiduciary duty, and unconscionability) and general ethical standards;
  4. develop and use their negotiating power through the concept of BATNA (“best alternative to a negotiated agreement”);
  5. apply contract and agency law concepts to negotiations; and
  6. create value in a manner that benefits both sides.

The Teaching Note is divided into three sections.  Section I explains how to set up the negotiation exercise.  Section II provides a script, with slides, for debriefing the exercise.  Section III discusses a document titled “Self-Assessment and Feedback for the Other Side” that is appended to the Teaching Note.  Students can use this document to evaluate their negotiation skills and develop a plan for skill improvement.  In law school courses where legal skills are taught within a legal writing course, the evaluation and plan could be used as a writing assignment.

Feedback from Participants

I have used this exercise in degree courses and in executive seminars in North America, South America, Asia and Europe.  In addition to law students, attorneys and judges, other participants in the courses and seminars include athletic directors, engineers, entrepreneurs, managers, and physicians.  Organizations in the public sector (for example, the World Bank) and private sector (one of the five largest U.S. companies) have used the exercise for negotiation training led by in-house staff.

Feedback on the exercise has been positive.  Here is a comment on the debriefing experience and the plan for improving negotiation skills.

What a great learning experience! [T]he ability to get feedback and actually debrief a negotiation is really powerful!  I considered myself rather self-actualized, but some interesting things came to light in the class discussions.  I know that if I make a concerted effort to work on [my plan for skill improvement] it will certainly serve me well in my career—both now and in the future.

I have also received considerable feedback regarding the impact of the learning from the exercise.  Here is a comment from a participant who used a planning checklist based on skills covered in the exercise.

I received a quote from a key supplier a few weeks back that was very good and I was just going to accept it as is. [But first I decided to complete the] planning checklist and called in the supplier. We had a great meeting, expanded the pie, learned tons about what each other wanted. In the end we renegotiated everything, set up yearly pricing reductions and a 2 tier pricing schedule that allows me to cover depreciation expenses on any expansion and provides my supplier the long term commitment from me he wanted.  Win-Win. The projected savings over the next 5 years is over $4M ….

If you decide to use the exercise, I would appreciate your comments and recommendations for improvement of the materials.  Thank you.

__________________________

George J. Siedel is the Thurnau Professor of Business Law and the Williamson Professor of Business Administration at the University of Michigan.  He can be contacted at gsiedel@umich.edu.

 

Review: Teaching Law Students to Teach Themselves…

Review: Teaching Law Students to Teach Themselves…

By Rory Bahadur, Washburn University School of Law

Teaching Law Students to Teach Themselves: Using Lessons from Educational Psychology to Shape Self-Regulated Learners, 59 Wayne L. Rev. 311

In her article, “Teaching Law Students to Teach Themselves: Using Lessons from Educational Psychology to Shape Self-Regulated Learners,” Elizabeth Bloom sets forth a very user friendly and informative road map for “maximiz[ing] the learning experience” to help a “diverse population of law students become self-regulated learners.”

The article initially defines self-regulated learning and discusses its origins in both the cognitivist and constructivist learning theory movements.  She isolates the essential components of self-regulated learning as Schema creation, using prior knowledge to add new knowledge and metacognition.  She concludes by precisely describing self-regulated learning as consisting of the following three phases: forethought, performance, and reflection.  The unique aspect of this article is that it then describes concretely and tangibly what each of these phases looks like or consists of rather than leaving those terms as isolated amorphous learning buzzwords divorced from the reality of the classroom.

But the article goes even further and provides concrete methodologies to teach self-regulated learning.  These methodologies are broken down into strategies to:

  1. self-regulate motivation,
  2. self-regulate behavior and resources and,
  3. self-regulate cognition.

This article is a must read for anyone seeking to bridge the divide between the copious abstract, academic literature on teaching and learning and practical strategies to implement these methodologies without being overwhelmed by terms and buzzwords which seem foreign to may faculty members.

 

Review: From Seminar to Simulation: Wading Out to the Third Wave

Review: From Seminar to Simulation: Wading Out to the Third Wave

By Tonya Krause-Phelan, WMU-Cooley Law School

From Seminar to Simulation: Wading Out to the Third Wave by Margaret Moore Jackson
19 JOURNAL OF GENDER, RACE, AND JUSTICE 127 (2016)

From Seminar to Simulation: Wading Out to the Third Wave encourages legal educators to embrace simulated teaching in light of the newly-adopted ABA standards relating to experiential learning. Because ABA Standard 303(a)(3) requires students to complete at least six credits of experiential coursework which can be earned in law clinics, field placements, or simulation courses, Professor Jackson suggests that simulation teaching can be integrated into existing courses by reformatting seminars, those upper-level, reading and discussion-based courses that typically focus on specialized areas of law not usually tested on the bar exam. Reformatting a seminar course as a simulation course allows faculty to accomplish two significant goals. First, it provides an experiential learning opportunity for students that meets, if not exceeds, the new requirement. Second, it can also create an opportunity for students to develop and use professional values as they learn to apply the law.

Beyond meeting the new standards, including simulations as experiential teaching is a way professors can foster integrated learning. Many professors already incorporate classroom exercises and role play into their doctrinal classes. Even though these efforts are designed to develop students’ professional skills, they do not satisfy the ABA’s definition of a simulation course. To comply with Standard 304, a simulation course must reasonably assimilate the experience of   client representation or engage in other lawyering tasks in a set of facts and circumstances devised or adopted by a faculty member. The simulation course requires faculty to directly supervise the student’s performance followed by faculty feedback and student self-evaluation. Finally, there must be a classroom instructional component.

From a faculty perspective, a potential barrier to merging simulated teaching and experiential learning into existing courses is the time-consuming nature of simulation teaching. Faculty are also apprehensive about how much subject matter will have to be sacrificed to carve out enough time for the simulation component. Despite the potential difficulties, there are many benefits to simulation teaching. For starters, simulation teaching assists in applied knowledge and introductory skills development in that it cements learning of substantive law. Faculty can continue informal doctrinal teaching as students engage in simulated roles by structuring assignments that teach practical lawyering skills that will also reinforce their learning of legal analysis. And because simulated teaching fosters concentrated learning of professional skills and values, it also promotes justice, underscores service to the community, and helps students to overcome assumptions and inherent biases.

Although the ABA requirements for a simulation course appear formidable, Professor Jackson suggests that restructuring courses to provide students with six credits of experiential education might not be as daunting a task as some might think. Professor Jackson provided a template for creating a plan convert a seminar course into a simulation course based on her housing discrimination class. But the format easily translates to any substantive class or seminar. Begin by identifying the competencies students should achieve by the end of the course. Make sure to envision these competencies in the context of the area of law. The objectives should be relevant and realistic in the area of practice. Be careful to limit the goals to an amount that can be effectively implemented and assessed. Consider a format that focusses on repetition and refinement of targeted skills in relation to more elaborate doctrine.

For example, in Professor Jackson’s fair housing seminar, students were assigned to represent a hypothetical client. The assignments required students to know the applicable law, provide client advice based on the law and the particular situation, communicate with other lawyers, judges, and real estate professionals as the client’s case required, and to be alert to potential injustices. Supplementing exercises included professional writing activities and oral presentations to a community audience.  A final component of the exercises encouraged students to focus on client communication designed to develop relational skills and empathy, dispel students’ false assumptions about the role of law in society, and to develop their self-conceptions as professionals to promote justice.

Transitioning to simulation teaching provides faculty with opportunities to connect learning the law with developing the skills, instincts, and inclinations to use the law to promote justice. Whether a professor seeking to augment a doctrinal class with experiential learning exercises or a professor looking to dive into the full spectrum of simulated teaching, From Seminar to Simulation: Wading Out to the Third Wave provides the pedagogical support and procedural format to transition to simulation teaching.

 

How You and Your Students Can Benefit From Stone Soup Next Year

How You and Your Students Can Benefit From Stone Soup Next Year

By John M. Lande, University of Missouri School of Law

The University of Missouri Law School started the Stone Soup Project about a year ago to incorporate more knowledge about actual practice in legal education.

Stone Soup contributes to a more balanced educational diet, adding context of disputes and more focus on parties.  Readings on legal doctrine generally are extremely acontextual.  Of course, students get value in reading excerpts of appellate case reports to learn about legal doctrine and analysis.  Similarly, students get value in reading about practice theory.

But I think that most law students get too little education about how cases actually look to lawyers.  In real life, cases are full of facts, evidence, uncertainty, risk analysis, interests, relationships, and emotions, which provide context that is systematically stripped out of most of our teaching materials.

And parties – central characters in lawyers’ work – typically are portrayed as cardboard figures who are included merely to demonstrate our teachings, not as the principals, who lawyers serve.

Readers of this blog know this.  People – maybe including you – have been saying this for a long, long time.  Indeed, this has been a major motivation for clinical and some other instruction.

Stone Soup is another systematic effort to provide a more balanced educational diet for students by including more of these perspectives in our teaching.

How Stone Soup Works

Since we started the Project about a year ago, we have engaged almost 1000 students in 40 classes covering 12 subjects, taught by 32 faculty from 25 schools in 3 countries.

Faculty generally have assigned students to conduct interviews about actual cases and/or practitioners’ backgrounds, philosophies, and practices.  Some faculty assigned students to observe court proceedings or mediations.  You can tailor an assignment to fit your educational objectives.

Most assignments were in traditional ADR courses, but faculty also used Stone Soup assignments in other courses including Access to Justice, Evidence, Relational Lawyering, Resolving Community Civil Rights Disputes, and Trusts and Estates.  Faculty could use them in almost any course, such as Labor Law, Employment Discrimination, Professional Responsibility, Civil Procedure, and Criminal Law, among many others.

Stone Soup faculty assessed their courses, identifying what worked well, what students learned that they would not have learned without the assignment, and what faculty would do differently in the future.  Here’s a collection of their assessments.

Faculty consistently reported outstanding results that far exceeded our expectations.  Stone Soup has provided many benefits including:

  • increasing students’ exposure to the real world of practice
  • helping students develop critically-important interviewing and analysis skills
  • identifying how theory does and doesn’t map well onto actual practice
  • supplementing faculty’s knowledge, especially for faculty who haven’t practiced in the subjects they are teaching – or haven’t practiced at all
  • increasing students’ and faculty’s enjoyment of the courses

Faculty who used Stone Soup assignments in their courses this year generally plan to use Stone Soup again with little or no change.

How You Can Use Stone Soup

The initial experiences yield some general suggestions for using Stone Soup.  In particular, faculty should require students to complete interviews or observations as soon as appropriate in a course, and should schedule time in class to discuss what students learned.  Discussing insights from these assignments early in a semester provides a base of experience that everyone can refer to during the rest of the course.

Here’s a table identifying characteristics of Stone Soup courses and including links to faculty assessments of the courses.  The table demonstrates the incredible creativity of faculty in tailoring assignments to fit their instructional goals and circumstances.  For each course, it shows:

  • Class size
  • Description of the Stone Soup assignment
  • Whether the assignment was required, one option of an assignment, or extra credit
  • Assigned paper length
  • Due date
  • Percentage of grade, if any
  • Whether the results of the assignment were discussed in class

Some faculty like the Stone Soup idea generally but wonder if it work in their courses or feel hesitant for other reasons.  This post identifies some colleagues’ concerns and responses to those concerns.  In particular, the assignments need not add much, if any, workload, students generally can find interview subjects without faculty assistance, and Stone Soup can work well in almost any law school course.

If you would like more information, you can read this report on the Project’s first year and/or get in touch with me.

If you would like to join the roster of colleagues using a Stone Soup assignment next year, please let me know the courses(s) and semester(s) in which you would use it.

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