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Review: Critical Reading for Success in Law School and Beyond

Review: Critical Reading for Success in Law School and Beyond

By Jane Bloom Grisé, University of Kentucky College of Law

Scott Turow, the bestselling author of One L, compared reading cases to “stirring concrete with my eyelashes.” Reading cases is challenging for many law students, but critical reading skills are incredibly important for success in law school and legal practice. Empirical research shows that lawyers read cases differently than non-lawyers. In addition, top law students use different reading strategies than lower performing students. While expert legal readers read cases to solve client problems, novices often read to memorize facts. Higher performing law students use an arsenal of different reading strategies depending upon the complexity of the case, but novices tend to indiscriminately highlight large quantities of text. Critical Reading for Success in Law School and Beyond was written to teach students the skills utilized by lawyers and higher performing law students. This book introduces students to a series of critical reading strategies so that they can become effective readers and move on to be successful in law school and law practice.

The Critical Reading program is premised on two ideas. First, it is based on the idea that critical reading should be taught. While it is often assumed that students enter law school fully equipped to read and understand cases and statutes, there is no evidence to support this assumption. One student in a focus group conducted in connection with the Critical Reading program indicated that reading a case was like looking for a purple dinosaur without knowing what a dinosaur was or what the color purple looked like. Critical reading strategies can be taught, and it is important to explain to students, as adult learners, how these strategies will improve their ultimate performance.

Second, Critical Reading is based on the idea that strategies should be presented in a sequential manner. As Bloom’s taxonomy suggests, students must master the lower level skill of understanding before they can be expected to engage in higher level skills, such as analysis and synthesis. For this reason, Critical Reading starts by examining the purpose for reading cases—to solve problems. Students are also introduced to the structure of cases so that they can understand different sections of cases. Critical Reading then presents information about civil and criminal procedure so that students can understand some of the commonly used terminology found in cases.

Then the program teaches students pre-reading strategies such as understanding the context of cases and doing case overviews before reading more carefully. After students master these foundational skills, they are introduced to techniques for reading facts and understanding complicated text. Rather than simply providing a template for a case brief, the program examines the components of a case such as the issue, holding, and dictum, and provides techniques to understand the main ideas in the case. Higher level skills such as finding rules, synthesizing cases, and evaluating cases are addressed at the end of the book.

These strategies can be introduced and incorporated into all classrooms in a few ways. First, students can be advised that they should read cases to identify rules and concepts that will be used to solve client problems or hypotheticals on a final exam. Students should be explicitly told that they do not need to memorize most cases.

Second, students can be instructed to read actively and pretend that they are either one of the parties in the case or the judge. Studies have found that higher performing students read actively in this way. Professors who ask students how they would decide the case or how one of the parties would argue in the case are encouraging students to adopt this active reading strategy. Finally, professors can take one sentence from an opinion and model good comprehension techniques such as paying attention to conjunctions, noticing repeated words, and shortening long sentences by inserting periods.

Critical Reading describes these and other strategies that can be introduced in the fall and/or spring semesters. As you are planning the spring semester, consider incorporating critical reading strategies into your courses. If you would like to discuss how you can introduce these strategies to your students, please feel free to contact me at jane.grise@uky.edu.

Skills-Focused Exam Prep Exercise

Skills-Focused Exam Prep Exercise

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

Yes, it is again that time of the semester again. The post-Thanksgiving emotional climb of test anxiety is upon us much like the Christmas music that has begun to trail us at retail stores.  I can see that anxiety in the eyes of my first-year students coloring their expressions when I greet them in the hallway or stare at their faces in the lecture hall.  Once November hits and the days start to get shorter, the inevitable fear of exams loom.

For many of them, the fear of exams is really about not having any confident direction or know-how in terms of preparing and taking law school exams.  That’s natural for new first-years.  What I’ve uncovered over the years is that a simple conversation with students is very helpful to allow students who are new to law school testing to get a handle on how to perform well on first semester finals.  I call this my yearly exam pep-talk.

What has been even more helpful prior to having my pep-talk is to give my first-years an exam-writing exercise that doesn’t focus on whether they are substantively correct on the material, but focuses on the skills of exam writing itself.  Then afterwards I have the talk about exam taking.  I tried this exercise recently with high satisfaction and success.  My theory is that after having an exercise that only focused on exam-taking allowed us to have an even fuller discussion of exam writing and solidified much of the truth about that process in order to dispel the fear of finals—the fear of some sort of unknown, in other words.

Here’s what I did:

(1) I gave a one-issue hypothetical fact pattern in class that covered a recent doctrine we recently taught in class.  Through class dialogue and discussion, I tested the students on their substantive application of that fact pattern.  I made sure to go the rule and the most correct response, working out the substantive answer together in class so that we’re all on the same page.

(2) Then I requested that they each take the same fact pattern home and write a one-issue IRAC response that reflected what we’ve already worked out for this fact pattern.

(3) At the next class, they returned with their written IRAC responses.  I passed a rubric for that response.  However, the rubric only measured their ability to write an organized IRAC essay—measuring for characteristics such as organization, IRAC structure, clarity, and grammar/syntax.  I made students turn to a partner, exchange fact patterns, and grade their partner’s response using this skills rubric.

My intent was that if the substantive issues had been clarified previously, the students were then able to focus on the how-to of writing exams when they wrote the one-issue IRAC at home.  For instance, they were now better able to focus on strategy and making effective choices in organizing an IRAC during the exam session.  Then grading each other’s responses with my skills rubric made it easier for them to understanding my thought process as the grader.

Doing this before my exam pep-talk helped them have better questions to ask me when I took the time to talk to them about exams.  What resulted was more effective focus and questioning regarding the skills part of their answers rather than the substantive aspects.  It led to a much better and more constructive conversation about exam taking that I had ever had.

Review: Feedback Distortion: The Shortcomings of Model Answers as Formative Feedback

Review: Feedback Distortion: The Shortcomings of Model Answers as Formative Feedback

By Lindsey P. Gustafson, UA Little Rock, William H. Bowen School of Law

Elizabeth Ruiz Frost, Feedback Distortion: The Shortcomings of Model Answers as Formative Feedback, 65 J. Legal Educ. 938 (2016)

Elizabeth Ruiz Frost’s article Feedback Distortion: The Shortcomings of Model Answers as Formative Feedback was published in 2016, but it continues to affect the way I design and critique my students’ assessment activities—both in my classroom and across our curriculum—as we respond to the ABA’s mandate for more formative assessment. Professor Frost posits that, while providing a model answer (either student- or professor-authored) in place of individual feedback may allow for efficient formative feedback, in most situations it does not provide effective formative feedback. She points to evidence that weaker students tend to misinterpret model answers and are less capable of accurately assessing their own work against the model.

In her article, Professor Frost gives reasons beyond efficiency a professor may have for giving feedback through a model answer, including that learning through a model answer encourages a students to self-teach, a skill they will rely on throughout their career; model answers provide feedback quickly, while students are still primed for it; model answers will not alienate students with personalized, negative comments; and model answers are what students clamor for. Professor Frost explains why each of these reasons is inadequate to justify what she describes as a shift in the learning burden: the professor avoids learning how to provide effective feedback by forcing a student to learn how to improve from a model.

Model answers provide effective formative assessment only if students are able to compare their work with a model and see what they did wrong. Professor Frost roots the assumption students do this in the “Vicarious Learning and Self-Teaching models of education, which have pervaded legal teaching since the nineteenth century.” In fact, whether this feedback is effective depends first on the characteristics and mindset of the learners, and second on the type of knowledge the professor is assessing. As to the first variable, because weaker students are less self-aware, they face a “double curse”: “[t]he weakest students, who lack the ability to distinguish between the standard exemplified by a model answer and their own work, will learn the least from a model answer. So the students who need feedback most for continued learning will get the least.”

The second variable is relevant because model answers can provide effective feedback for questions of factual knowledge and concept identification. But any assessment that requires higher-order thinking—where students need to demonstrate analysis, for example—model answers are not as effective. Students instead need elaborative feedback.

Professor Frost ends her article with methods for using model answers to give feedback that best promote student learning: (a) providing an annotated model answer together with individualized feedback; (b) creating opportunities for remediation and reassessment for students after they have reviewed model answers; (c) using a student’s own work as a model answer; (d) requiring students to review model answers in small groups instead of individually; (e) providing multiple sample answers for review, including both strong and weak samples; and (f) focusing on metacognitive skills throughout so that students can better self-evaluate against model answers.

Several of her methods have worked for my students. Recently, I’ve noticed the first method recommended above working across the curriculum: students learn more from a model answer when the same skill (here, answering a midterm essay question) is tested in another course and personalized feedback is given there. In short, learning in one course is improved by the efforts of professors in other courses.

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.

 

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

 

 

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.

 

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