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Instructional Check-Ins To Surmount Trials And Tribulations Of The Pandemic In The Era Of Meta Connection

Instructional Check-Ins To Surmount Trials And Tribulations Of The Pandemic In The Era Of Meta Connection

By Vicky Daniels

By Lécia Vicente*, Henry Plauché Dart Endowed Assistant Professor of Law, LSU Paul M. Hebert Law Center

The Covid-19 pandemic threw us out of our game. It obligated us to change, readjust, compromise, quit, and reinvent ourselves in a new world where connection and communication are necessarily conducted at a meta level—online. However, there was one thing I maintained -regular and structured student check-ins. I ask my students to “check-in” by meeting with me at some point of their choosing during the semester. All students would plan to meet at least once during the semester, if only to let me know how things were going. These spaces for connection, reassurance, and validation became invaluable during the pandemic.

Connection is important. At a meta level, our relations are framed by dystopia and misconception of reality. Our relations are characterized by information overload. Very little sticks after the laptop is shut down and closed. Learning behind the screen makes it difficult to express our feelings or voice our questions.

Check-ins are an effective pedagogical tool which I have used for my doctrinal courses. I believe regular check-ins with built-in student group discussions can be useful in legal research and writing courses as well. These sessions allow me to meet students where they are and surmount some of the learning tribulations and challenges that they face behind the screen. I have been holding this format of office-hours in small groups. Students sign up for the meetings through a sign-up platform online where they can choose time slots of their preference. We meet via Zoom or in person, depending on the size of the group. During check-ins, students can interact not only with me but also with each other. It almost resembles a small discussion group to which I serve as a facilitator. I ask questions such as “What makes you learn better in this course?,” “What improvements would you like to see?,” and “How is law school going?”[†]

The conversational dynamic of the group creates an opportunity for my students to explore topics they are curious about. Some questions relate to the course materials and subject-matter. Others relate to their professor’s profile and choices she made when she was in their position, pursuing her law degree. Some of their common questions are: “How did you learn to speak six languages?” “What was it like to work with multinational companies with subsidiaries in Europe?,” and “Why did you want to become a law professor?” I facilitate dialogue that is deep, humane, and relatable. This conversation allows me to understand what helps my students learn better, what they are eager to learn, what is meaningful for them, and what is needed to build a relationship beyond the meta connection that the pandemic has imposed on us.

After each meeting, I process the students’ comments, questions, and instructional concerns. The results in my business law courses have been overwhelmingly positive, despite the pandemic and the challenges inherent to it for both students and professors. Regular, structured student check-ins have become a great source of feedback. Additionally, check-ins also provide a layout for meaningful connections which are essential for excellent learning outcomes.

[*] Henry Plauché Dart Endowed Assistant Professor of Law, Louisiana State University Paul M. Hebert Law Center. Research Fellow, Law & Economics Center at George Mason Antonin Scalia Law School.

[†] See Gregory S. Munro, Outcomes Assessment for Law Schools (2000). Available at: https://www.law.du.edu/documents/assessment-conference/munro-gregory-outcomesassessment2000.pdf (accessed on November 11, 2021).

Using the Local News as the Basis for an In-class Exercise

Using the Local News as the Basis for an In-class Exercise

By ILTL

By: Andrea Need, Indiana University O’Neill School of Public and Environmental Affairs

This semester I interrupted my planned class (lecture, case discussion, and hypotheticals) with a simple mini case study exercise “ripped from the headlines” in our midwestern town.

Background:  By class time, most students had heard the news that the City of Bloomington, IN had conducted a controlled live burn of a two-story house in a neighborhood not far from campus.[1]  Such fire training burns are allowed, subject to conditions, as exceptions to state open burning prohibitions. Local news reported that immediately after the burn, neighbors complained of debris, including paint chips, on their houses and cars and in their yards and gardens.  A resident’s test showed lead in the debris, which was later confirmed by the city.[2]

Exercise:  Do we need to change the law after the controlled burn event? (25-30 minutes)

  1. (10 minutes) First, I asked the students to read a news report and a city press release, which I linked on our course page for easy access.[3] I picked these two documents because they covered the background, discussed relevant laws, and could be read quickly.
  • I told the students to assume whatever these documents stated was true. For example, the press release stated that the city sought proper approval and complied with the state open burning law, which does not require lead testing.[4]
  1. (5 minutes) I instructed students that once they were done reading, they were to break into small groups of three to five students each and discuss and write down any problems resulting from this event.
  2. (5 minutes) We discussed the problems as a class and I wrote them on the board. Some problems were as follows:
    • Is there lead contamination—particularly in gardens and where children play?
    • Should lead testing be required prior to burning? Is accurate lead testing possible? Should we assume all buildings older than a certain year have lead paint?
    • Even if no lead was present, the city caused ash to fall on people’s property.
    • Is the required notice adequate or equitable (i.e., accessible)? What could a person do if they got notice and were concerned?
    • Will the debris be removed and by whom? If so, how much will removing the debris cost?
    • Should these burns occur farther from homes?
    • Do firefighters need these opportunities to practice? Would too many testing or other requirements eliminate the training opportunities?
  3. (5 minutes) Next, I asked if, based on what we know, the law needs to be changed and if so, how? At what level of government should the law be changed (state vs. local)?  Or, I asked, was the law sufficient as-is, and was this an instance of a decision-making error? The class agreed the law needed to be amended because the burn was lawful but still problematic.  Students shared ideas on changes to the law, which I wrote on the board.  Some ideas were to:
    • require lead testing prior to burning;
    • prohibit burning structures built before lead paint was banned;
    • require individual notice to all property owners within [xx distance determined by data collected on the impacted zone;
    • prohibit burning within a certain distance of residences; and
    • require a study on, and publication of, the costs of potential remediation.
  4. (5 minutes) Finally, looking at the ideas on the board, I asked students to pick which one or two were the most important changes to the law and to explain why. Also, we discussed which problems that the students originally identified (in step 3) were addressed by the changes, and which remained.
  • As a result of our discussion, the students chose to require lead testing (if the building was built before a certain year, to be established based on the lead paint ban) and to require additional individual notice. The students rejected banning training burns altogether, or in certain areas because they did not know how important the training is for firefighters.
  • We acknowledged that actual legislative proposals would require research and much more detail.

Future Semesters:  I plan to use this sort of mini case study again because: 1) adding something new to my usual in-class exercises livened up class, particularly later in the semester when enthusiasm was waning; 2) using a local legal issue meant the situation was easily understood and relatable for students; and 3) students were encouraged to think about tradeoffs in policy-making through the law.  Several students approached me after class to tell me how much they enjoyed the exercise.

The next time I do this exercise, I will consider providing the open burning regulation and asking the students to markup amendments to the regulation.[5]  At the end of future exercises, I will share the city’s ultimate conclusion that “no similar live-fire training should be conducted in the future.”[6]  I will ask if this outcome satisfies the students.

You could expand this exercise by requiring research on other states’ open burning laws, the effectiveness of lead paint testing, firefighting training needs, etc., and then having groups of students present their proposals.

Applicability to Other Courses:  I used this exercise in a public law course for graduate students pursuing their Master of Public Affairs.  You could use this mini case study in a class on legislative drafting, environmental law or policy, or state and local government law.  You could also modify the idea by keeping an eye out for a local news story covering the subject matter of your course, providing a bit more reading material on the topic or the relevant law, and asking the students the same sorts of questions.

[1] The burn and its aftermath are described in a series of press releases issued in November and December 2021, which can be found at https://bloomington.in.gov/news/2021.  Only the first few press releases were available on class day.

[2] The contractor hired by the city determined that visible paint chips deposited were lead-based paint, but air samples exhibited no detection of lead, surface dust readings showed “non-excessive levels of lead dust contamination,” surface soil samples were below the lead action level, and leaf litter exhibited no lead detection. https://bloomington.in.gov/news/2021/12/13/5049.

[3] Press release: https://bloomington.in.gov/news/2021/11/10/5016; news story: https://fox59.com/news/residents-concerned-after-controlled-burn-exercise-in-bloomington-may-have-resulted-in-contaminated-ash-debris/.

[4] Here is the state approval: https://bloomington.in.gov/sites/default/files/2021-11/83218318.pdf.

[5] The regulations implementing the open burning exemptions are found at 326 IAC 4-1-3.  Live fire training is addressed at 326 IAC 4-1-3(c)(9). Note that the press release cited in endnote 3 includes a map of affected properties.  The affected properties’ distance from the burn site is particularly interesting in light of the notice requirements in 326 IAC 4-1-3(c)(9)(B).

[6] https://bloomington.in.gov/news/2021/12/13/5049.

Looking Beyond Headnotes: Distinguishing Cases (Exercise)

Looking Beyond Headnotes: Distinguishing Cases (Exercise)

By Vicky Daniels

By Matthew Boles,

Background

According to the ABA Student Lawyer magazine, unpaid internships, primarily in the summer between the first and second year, consists of research and writing.[1] More than 80 percent of the top 200 law schools indicate that legal research is a mandatory course for first-year students.[2] A 2013 Insights Report states associates spend nearly one-third of their time on legal research.[3] As students and lawyers research issues, headnotes can be a useful tool to read summaries of cases and find other similar cases.[4]

This exercise helps students look past the headnotes when reading cases and making arguments that courts should follow precedent or whether the case is distinguishable.  I practice immigration law and use a four-page decision from the Board of Immigration Appeals (BIA) as an example case. Students will read facts from a hypothetical scenario I created, read the decision and headnotes, and determine whether the headnote about a conviction for Driving Under the Influence (DUI) is sufficient.

Directions:

  1. Have students read the “Overview of Client’s Case” section
  2. Next, students will read the headnotes of the decision, Matter of Siniauskas,[5] take notes, and make a conclusion as to whether the case applies to our hypothetical situation, and if so, how. [Click here to access Matter of Siniauska (pdf)]
  3. Read the case and determine whether the headnote about a DUI addressed the issue. I highlighted portions of the decision. I provide some information below as to why we do not cite headnotes in decisions.

Overview of Client’s Case

The attorney is an immigration lawyer and works at a small firm. She handles many types of immigration matters, from submitting petitions to United States Citizenship and Immigration Services (USCIS) on a wide variety of matters, to representing immigrants who have court at the Executive Office for Immigration Review (“immigration court”). Up to this point, her work has been for immigrants who are not detained. As the firm grows, however, she begins taking cases where clients are detained by Immigration and Customs Enforcement (ICE). The firm is contacted by a family whose family member is in an ICE facility about two hours from your office. The facts are below, but ICE files a Notice to Appear (form I-862) with the immigration court. The client’s family retains the firm to represent him in immigration court. The attorney files the Notice of Entry of Appearance as Attorney or Representative Before Immigration Court (form E-28) and completes the proof of service. She is prepared for his Master Calendar hearings, preliminary type of hearings, but understandably she wants to request a custody redetermination hearing (bond hearing) in hopes that her client will be released from ICE custody and have his case transferred to a non-detained docket.

Here are the facts of the client’s case. He is an immigrant whose sole entry to the United States was in 2005. He entered without inspection and has never applied for nor received any type of visa or lawful immigration status. In 2007, he meets a woman who he marries in 2010. His wife is a United States citizen. In 2012, she gives birth to their first child, a healthy baby boy. Three years later, they have their second child. This time they have a girl, and she has some health issues. He has a full-time job, working six days a week to support his family. He is the main source of financial support for his family. In addition to working, he and his family attend church every Sunday, and he is well-respected in the community.

One day after work, he and a couple of colleagues had a couple of drinks. He was driving home alone in his car when the police arrested him for a DUI. The DUI did not result in injuries or property damage. He pleaded guilty, received credit for time served, and paid the fine. A couple of days before he was scheduled for release, ICE placed an immigration detainer (immigration hold), and he was transferred to ICE custody. The DUI is his only criminal history (remember that immigration is civil, and not criminal. ICE is alleging he violated the Immigration and Nationality Act).

Since he has been detained, his family has struggled. His children, ages 9 and 6, are having trouble focusing at school. His wife had to find a second job and is constantly worried what will happen to her husband. The attorney has already collected letters of support from friends, family members, the church, and other relevant documents she will include as exhibits in the motion. She also obtains the criminal disposition for the DUI and arrest report. She also obtained a letter from Alcoholics Anonymous, stating his client would be able to attend meetings if he is released from the ICE facility.  In her notarized letter, the client’s wife states she will drive him so that he will not have to drive, and she provides her driver’s license, proof she owns a car and car insurance.

Since the attorney is new to detained work, she begins to research relevant BIA case law. She feels confident that her client would not be considered a flight risk given his family and community ties, but she is worried that the client may be considered a danger to the community based on the DUI conviction. As she researches cases, she finds a 2018 BIA case that addresses DUI in the custody redetermination context. That case is Matter of Siniauskas.[6]

Headnotes from Siniauskas

Below are the two headnotes from the case:

(1) In deciding whether to set a bond, an Immigration Judge should consider the nature and circumstances of the alien’s criminal activity, including any arrests and convictions, to determine if the alien is a danger to the community, but family and community ties generally do not mitigate an alien’s dangerousness.

(2) Driving under the influence is a significant adverse consideration in determining whether an alien is a danger to the community in bond proceedings.

Looking at these headnotes, what thoughts comes to mind as it applies to our hypothetical scenario and the client? Just by reading the headnotes, it does not seem promising for the client. The first headnote essentially makes two points: the IJ should consider more than just arrests and convictions, and family and community ties that go to flight risk will not generally address whether a respondent is a danger to the community. The second headnote, however, specifically addresses DUIs and provides the “significant adverse consideration” language.

Next, read the case. I have highlighted parts of the decision. The BIA decision is four pages long, and there was no dissent. Discuss whether students believe the headnotes sufficiently summarize the decision.

Discussion/Information about Headnotes

The BIA precedent chart compiles headnotes.[7] The chart specifically states, “This document is provided for informational purposes only as a convenience to the public.  It is not intended as a comprehensive source for preparing an appeal, or for citation in legal briefs, and does not represent an official publication of EOIR.”[8] Headnotes should not be cited.[9] In Supreme Court cases where there is a syllabus (headnote), there is a disclaimer to make clear the headnote is not part of the opinion.[10] The note specifically cites a 1906 Supreme Court case.[11] That case, United States v. Detroit Timber & Lumber Co.,[12] is about a property dispute, but counsel relied on the headnotes of a previous case. The Supreme Court noted, “In the first place, the headnote is not the work of the court, nor does it state its decision…It is simply the work of the reporter, gives his understanding of the decision, and is prepared for the convenience of the profession in the examination of the reports. . .. .”[13]

Returning to the client’s case, reading the case is important to not only understand the BIA’s reasoning but also the specific facts. As the Siniauskas court explained, “[i]n bond proceedings, it is proper for the Immigration Judge to consider not only the nature of a criminal offense but also the specific circumstances surrounding the alien’s conduct.”[14] This is where the facts come into play to distinguish the case from the one in Siniauskas. In that case, the respondent had three DUI convictions, a pending DUI charge, and three out of the four involved accidents.[15] In at least one subsequent unpublished decision, the BIA agreed with an I.J. who found a respondent was not a danger to the community when the respondent’s DUI conviction was his only offense in nine years of living in the United States and his DUI did not result in injury or property damage.[16] Even though BIA unpublished decisions are not binding,[17] they are helpful when conducting research and advocating for clients and their release from ICE custody. In our scenario, our client is closer to the respondent in the unpublished decision. In drafting the bond motion for her client, the attorney should cite both cases and explain why the I.J. should find our client is not a danger to the community. As a practical matter, I often include unpublished BIA cases as exhibits.

Headnotes, no doubt, are a helpful tool that students and practitioners can use when researching and drafting. But encourage students to go beyond the headnotes and delve into the details of the case, rather than exclusively looking at headnotes. This exercise will make students better prepared and ready for internships and eventually when they practice.

[1] Bill Chamberlain, What to Know about Your First Summer Internship, ABA Student Lawyer Magazine, December 1, 2016, available at https://abaforlawstudents.com/2016/12/01/what-to-know-about-your-first-summer-internship/ (last visited Oct. 11, 2021).

[2] Caroline L. Osborne, The State of Legal Research Education: A Survey of First-Year Legal Research

Programs, or “Why Johnny and Jane Cannot Research”, 108 Law Libr. J. 403, 408 (2016).

[3] Steven A. Lastres, “Rebooting Legal Research in a Digital Age,” Insights Paper, 2013, available at https://www.lexisnexis.com/documents/pdf/20130806061418_large.pdf (last visited October 11, 2021).

[4] Case Finding and Advanced Searching Strategies, Robert Crown Law Library, Stanford Law School, available at https://guides.law.stanford.edu/cases/headnotes (last visited October 11, 2021).

[5] 27 I&N Dec. 207, 209 (BIA 2018).

[6] 27 I&N Dec. 207 (BIA 2018).

[7] BIA Precedent Chart, available at https://www.justice.gov/eoir/bia-precedent-chart (last accessed October 11, 2021).

[8] Id.

[9] Id.

[10] See, e.g., Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021).

[11] Id.

[12] 200 U.S. 321, 337.

[13] Id.

[14] 27 I&N Dec. at 208 (citing Matter of Guerra, 24 I&N Dec. 37 (BIA 2006)).

[15] Id.

[16] N-P-N-, AXXX XXX 692 (BIA Oct. 29, 2018).

[17] See Matter of Echeverria, 25 I&N Dec. 512, 519 (BIA 2011).

Review: Strategies & Techniques for Integrating DEI into the Core Law Curriculum…

Review: Strategies & Techniques for Integrating DEI into the Core Law Curriculum…

By Vicky Daniels

Review by Emily Grant, Washburn University School of Law.

Professor Teri McMurtry-Chubb once again steps into a gap to provide much-needed information, suggestions, and resources for the law teaching community.  This time, she has written a book about incorporating diversity, equity, and inclusion (DEI) into all of our classrooms.

Strategies & Techniques for Integrating DEI into the Core Law Curriculum: A Comprehensive Guide to DEI Pedagogy, Course Planning, and Classroom Practice by Teri McMurtry-Chubb is available for free download here:  https://www.wklegaledu.com/resources/law-school-faculty/law-school-faculty

The book features DEI learning outcomes and assessments, course planning templates for each course in the core law curriculum, and racial trauma-informed teaching approaches. It also includes FAQs and discussion questions by chapter to work through as you and your colleagues plan and implement DEI curricular initiatives at your law school. The book is organized in three main parts, as described in the Introduction:

Part I, Chapter 1, The Scope of DEI Education & Pedagogy details the evolution of teaching with a DEI lens. DEI education and pedagogy work to make the greatest positive change within the core structures of legal education by strategically employing critical pedagogies and curricula. Chapter 2, The First Amendment, Academic Freedom, and the DEI Curricular Lens, examines the pushback students, faculty, and administration have encountered when advocating for DEI pedagogical and curricular interventions. This pushback has been cast as a conflict around academic freedom. This chapter discusses the current conflicts in the battle between DEI and academic freedom, and provides strategies for how to navigate these issues on law school campuses. Chapter 3, Assessing the Institutional Climate for DEI Curricula, explores the varied considerations professors of all ranks and statuses (e.g., Assistant, Associate, and Full Professors, non-tenure-track full-time faculty; adjunct faculty, etc.) should make when implementing DEI issues into the classroom and curriculum. This chapter explores how rank, status, and campus climate influence which pedagogical and curricular choices are available to faculty. It also examines professor positionality and teaching, or how a professor “presents” to the class impacts available DEI curricular choices and pedagogical strategies.

Part II, Chapter 4, Racial Trauma Informed Approaches to DEI Pedagogy, discusses how microaggressions, macroaggressions, and other discriminatory practices leave an indelible mark on those who have survived them. The psychological and social science communities have examined these phenomena as trauma, and have detailed the emotional, psychological, and physical effects they have on minoritized groups. It is imperative that professors have an understanding of racial trauma and racial trauma informed pedagogies as they prepare to discuss DEI issues in the classroom and design DEI curricula. Chapter 5, Course Planning and Assessment for the DEI Classroom & Curriculum, provides instruction on how to build a course that integrates a DEI curricular lens. It offers course planning templates that link skills and knowledge to learning outcomes, performance criteria, and learning activities – both for traditional and online classroom environments. It also connects the information in Chapter 4: Racial Trauma Informed Approaches to DEI Pedagogy to the course planning and assessment processes. Chapter 6, Developing Instructional Materials for DEI Pedagogy & Practice, lays out the processes for developing classroom DEI instructional materials that serve as learning activities to advance and measure learning outcomes. The chapter surveys multimedia resources, traditional learning techniques, microlearning techniques, and the like that are appropriate for traditional and online learning environments. It also provides levels of difficulty (easy, intermediate, difficult, and advanced) at which professors can access this work.

Answers to a list of frequently asked questions (FAQs) is located in Chapter 7. If you are working through this book with a committee, faculty, or other group, Chapter 7 also provides discussion questions for Chapters 1-6 to facilitate group dialogue. Lastly, Part III, Chapters 8-14, provides examples of course planning, instructional materials, and assessment for core curriculum courses at the easy, intermediate, and difficult levels. The courses included are Contracts, Civil Procedure, Criminal Law, Property, Constitutional Law, Legal Writing, and Torts.

Formative Assessment in Doctrinal Classes: Rethinking Grade Appeals

Formative Assessment in Doctrinal Classes: Rethinking Grade Appeals

By Vicky Daniels

Reviewed by Sandra Simpson, Gonzaga University School of Law

Article: Formative Assessment in Doctrinal Classes: Rethinking Grade Appeals

Written by: Professor Roberto Corrada, University of Denver Sturm College of Law

Published: Journal of Legal Education, Volume 63, Number 2 (November 2013)

In this article, Professor Corrada makes a compelling case for allowing students to appeal their grade on the mid-term exam.  Professor Corrada realized that creating long and detailed rubrics for exams was not helpful if students never reviewed them.  To give them an incentive to review his exam comments, he began giving a mid-term exam, which, he reasoned would encourage students to look at the feedback.  He noted when students came to review their exams with him, many of them had good arguments and probably deserved a better grade.  He felt that he demanded excellence from his students and so shouldn’t he demand that of himself.  The idea of allowing students to appeal their midterm grade was his solution. If the students had a chance to appeal, they might glean more from the review of their midterm.

In developing this idea, he came up with a system which is both efficient and workable. His appeal rate is about 70%, and he believes almost every student reviews his/her/their exam.  Among the many advantages he has found is that it encourages students to think critically about what they are writing and to question assumptions. Further, through explanation students often realize they don’t write what they mean; learning to fix this common error is key to a successful law practice.

The article addresses concerns including the extra time this process takes (which is not as much as one might expect) and gives the reader a step-by-step guide to implementing this appeals process.

Review: Office Hours Are Not Obsolete: Fostering Learning Through One-on-One Student Meetings

Review: Office Hours Are Not Obsolete: Fostering Learning Through One-on-One Student Meetings

By Sandra Simpson

By Tonya Krause-Phelan, WMU-Cooley Law School

Office Hours Are Not Obsolete: Fostering Learning Through One-on-One Student Meetings
By DeShun Harris
57 Duquesne Law Review 43 (Winter, 2019)

In her article Office Hours Are Not Obsolete: Fostering Learning Through One-on-One Student Meetings, Professor DeShun Harris encourages professors to rethink how they use office appointments to enhance student learning. Professor Harris addresses the current notion that technology has reduced, if not eliminated, the need for in-person office hours. While research shows that students tend to typically underuse, or even avoid altogether, the in-person office appointment, professors can overcome students’ perception that office meetings are not worth their time.  Because one-on-one meetings provide rich learning opportunities, improve student performance on assessments, and potentially improve grades, legal educators should use effective learning strategies, many of which are being integrated into law school classrooms, to provide students with one-on-one learning opportunities during office hours.

Using strategies to encourage office meetings, professors can overcome the underutilization of office hours. One common misperception students have is that faculty are unavailable or not interested in hosting office meetings; consequently, professors must explain why one-on-one office meetings are important to students. Professors can convey a message through an invitation to attend office hours in the course syllabus; the message can be reinforced during the first class and before and after assessments during subsequent classes.

Once students decide to attend an office meeting, professors must create a welcoming office setting. Doing so conveys a message that the professor is available and does not think the meeting is an interruption. Things to consider when creating a suitable office atmosphere are ease in scheduling the meeting, an uncluttered office, a blank computer screen, and arranging furniture in a way that does not form barriers between the student and the professor.

The student meeting itself should be structured according to the common office hour framework.  While there has been little research in the law school setting, Professor Harris points to research conducted at German universities where it was noted that most one-on-one conferences take on a five-sequenced framework. First, the prefacing sequence, involves inviting the student into the office; this can be done by general invitation or a specific request for the student to meet with the professor. The invitation must be extended in a way that is non-threatening. Second, the identification sequence is typically the beginning of the meeting, where the professor greets the student and engages in small talk.  Flowing naturally from the identification sequence, the third sequence is outlining the academic business the student wishes to discuss. This sequence should be task-oriented to address the student’s concern/goals. Once the academic business has been outlined, the professor and student can move to the fourth sequence is negotiating academic business sequence. Here, the professor guides the student to a solution. Attention should be paid to writing, thought processing, and behavior that can lead to academic and career success. In working toward a solution, the professor is encouraged to use research on learning science to foster student learning. The fifth and final sequence is the closing sequence. Here, the solution is acknowledged.

Finally, professors must use effective learning methods to create a learner-centered meeting. One method professors can use is retrieval, the act of trying to recall information once learned from memory. Retrieving information is a powerful way to retain information because it strengthens the memory and association with the material, even when students give wrong answers. Another effective learning strategy to use in the office meeting setting is problem-solving. Professors can ask students to answer something that is new to them; then the student explains their thought process in reaching the answer. This also allows professors to give constructive feedback. As a way to aid students in becoming self-regulated learners, professors can also discuss professional development concepts like training, self-study, critical reflection, and feedback.

Professor Harris concludes that office hours are not obsolete. Instead, office hours should be encouraged as they provide important learning opportunities for students. Professors can easily modify the manner in which they currently host office appointments and incorporate effective learning strategies, many of which are being integrated into law school classrooms, to provide students with one-on-one opportunities designed to enhance their knowledges, skills and education.

Review: Teaching Online Will Make You a Better Teacher in Any Setting

Review: Teaching Online Will Make You a Better Teacher in Any Setting

By Sandra Simpson

Reviewed by Sandra Simpson, Gonzaga University School of Law

Article: Teaching Online Will Make You a Better Teacher in Any Setting [1]

Written by Kevin Gannon [2]

Published in The Chronicle of Higher Education

The article, “Teaching Online Will Make You a Better Teacher in Any Setting,” is a great article which highlights how pushing ourselves to teach in another setting will make us a better teacher.  Here the other setting is a completely different setting.  Professor Gannon makes it clear that online teaching is not where good teaching goes to die, but quite the opposite.  He makes the point that “teaching in another setting forces you to “critique and modify, or affirm and expand, the way you operate in the physical classroom.”  Specifically, online teaching, he says, helps you design and assess the course more effectively; helps you really think about why you spend time on what you do; and prompts you to explain/communicate more effectively in all your courses.  This is a motivating piece which has moved to the forefront of importance due to the ever-expanding online offerings at all out schools.

[1] The article can be found here https://www.chronicle.com/article/Teaching-Online-Will-Make-You/247031?cid=wcontentgrid_hp_9

[2] Professor Gannon is a Professor of History, Director of the Center for Excellence in Teaching and Learning at Grand View University in Des Moines, Iowa.

Review: Normalizing Struggle

Review: Normalizing Struggle

By Sandra Simpson

Reviewed by Sandra Simpson, Gonzaga University School of Law

Article: Normalizing Struggle[1]

Written by Catherine Martin Christopher
Professor of Law and Associate Dean for Bar Success, Texas Tech University School of Law

In this article, Professor Christopher makes an excellent argument for normalizing and even celebrating our students’ struggle to acquire, retain, and apply the information taught in law school.  She encourages us not to see our students’ struggle as a problem and but rather asks us to “reorient our attitudes toward the struggle.”  Not only will this help our students learn and retain knowledge better but it will help our students be better equipped to handle the stressors of being a lawyer.

The article starts with examining how our current system conflates struggle with failure, which marginalizes our students, and continues by discussing how pervasive the struggles are among our students.  Part III teaches us how to reframe the struggle to being productive, and Part IV gives us some best practices to help students to work with their struggles.  Lastly, the article ends with encouraging the institution as a whole to normalize and encourage the struggle.  Even though I consider myself fairly well-read when it comes to assessment and teaching techniques, I found a plethora of new articles to read in the article’s footnotes.  What is more, I found some great ideas to incorporate into my classes this fall. These ideas ranged from good topics for first day discussions with students to good ways to implement information retention strategies.  One of my favorite parts of this article paints an image of an elementary student standing in front of a chalkboard with chalk in her hand unable to solve the problem on the board.  She is in front of everyone.  The teacher, not wanting her student to be humiliated, has the child sit down and calls another child up to solve the problem.  Professor Christopher asks the thought-provoking question of “what if it wasn’t embarrassing to not have the right answer?”  To me this is a mind-blowing concept, and yet it is so simple.  What if we helped the student solve the problem by embracing the student’s struggle?  I am inspired, and the article gives me the tools to do this!  Don’t let the 33 pages of this article scare you away from reading it.  The time slips by quickly and the ideas are abundant.

[1] Forthcoming in the Arkansas Law Review 2019 but can be accessed at SSRN https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3378829

As easy as “1,2, buckle my shoe” 10 Steps for Addressing Race Intentionally in Doctrinal Classes

As easy as “1,2, buckle my shoe” 10 Steps for Addressing Race Intentionally in Doctrinal Classes

By Sandra Simpson

By Angela Mae Kupenda, Mississippi College School of Law

One, two, Buckle my shoe…
Three, four, Open the door…
Five, six, Pick up sticks…
Seven, eight, Lay them straight…
Nine, ten, Do it Again Do It Again & Do It Again.!!!!

https://www.youtube.com/watch?v=dsvtaLDuYvc

            The children’s game “One, two, buckle my shoe,” takes children through various steps as they learn to count, and then reminds them to repeat the steps again and again for retention.  While the original meaning of the song is unclear, the counting process reminds us of the many steps to achieving a goal and how repetition is critical for success.

Taking steps and repetition are also critical with learning to address race intentionally in our courses as law professors. We may prefer to think that race is not present in all doctrinal classes.  This assumption seemingly excuses us law professor from addressing race because there is so much other “real law” to cover. Such is simply not the case. Addressing race in our courses is critical if we expect to address real law.  In many, if not all, of our courses, racial inequalities either lurk right beneath the surface or are in plain view in the cases and topics we cover.  Failing to lead our students in these discussions on race results in our not providing them the best education possible. A racially informed legal education is needed as our students will become leaders in a quite diverse, and quite divided, America.

Hence, the purpose of this essay is to take us through the simple steps, by counting off the steps, to guide us in addressing race intentionally and facilitating unplanned racial discussions in our doctrinal classes.

One, two, Buckle my shoe

 Step 1.  Grow in awareness of oneself as a “raced” individual in America.  Often we as faculty are not automatically equipped to lead discussions on race with our students, because we do not see our own “race.”  If we see others as having a race but not ourselves, we are failing to see how America’s legal systems have raced us as individuals or as part of a group. The children’s rhyme chants, “One, two, buckle my shoe,” and suggests that we must first pay attention to ourselves and how we prosper, suffer, and generally live in America as a raced individual.

As legal academics, ask yourself questions like:   How am I personally affected by the country’s history and current events as to race and racial privilege or lack thereof?    How have the federal and state laws generally treated me and my immediate, and not so immediate, ancestors?  How is that different from the treatment of other dominant or non-dominant groups in America?  How is that different from the treatment of my diverse students and other people in this country?  Asking yourself these questions may make you feel uncomfortable, or even attacked or defensive.  But, don’t let the answers shut you down, that is if you want to address race in your courses from a position of self-awareness.  Keep in mind, our privilege (or lack thereof) and biases are not the biggest problem–rather our lack of awareness of them is the biggest problem.  The great news is that our work in legal education affords us opportunity each semester for necessary personal growth to lead our students into becoming leaders in a racially aware and more welcoming society.

Step 2.  Grow in awareness of oneself as a teacher and of one’s calling as a law professor. While inspection of oneself as an individual or as a member of a racial group is step one in buckling one’s shoe, the second step is to grow in awareness of one’s calling as a law professor. Law professors, like teachers broadly, have a special place in America to encourage the opening of minds to new ideas, other experiences, and various perspectives.  While law professors have a calling in kind with other teachers, we have a special calling given the role of the law in our democracy.  We educate future presidents, legislators, judges and advocates who will continue to shape our systems, positively we hope, even as related to race in America.

So step two entails asking yourself questions, like: What is my calling as a professor? What goals do I have in my teaching? What is my calling toward effectuating more equality in our system?  Embrace the power of your position in furthering equality.  Ask if you are something more than a video, or a case explainer or presenter. In other words, examine your calling by asking: as a professor, what do I profess? Then ask, why would you want to address race in your courses, or why do you not want to address race in your courses.

I had lunch with a Law School administrator at an Ivy League school, a lovely lunch in a very rich faculty club. He wanted to run something by me.  He explained that his school was preparing for an ABA accreditation visit and was concerned with their diversity, or the lack of it at his school if you use traditional measures.  His school’s argument was that they were diverse because his school was non-diverse.  He said it was diverse because it offered another option for people who do not want traditional diversity. He said they still provide superior education, but in a way different from other schools in that they are not diverse. He wanted to know my reaction.

I repeated his argument back to him word for word, then summarizing: your law school believes it to be offering a superior education by educating future leaders who choose your school for one reason because they want to be unexposed to and unaware of the implications in America of race, gender, class, and so on. He replied: YES, you understand. I then replied, perhaps that could be a superior education if you were working with kindergarten children, but certainly not for legal education, actually not for kindergarten either. After I elaborated on my response, he brought the lunch to an abrupt close, with no dessert.  He apparently did not like my suggestion that he and his school should engage in One, two, Buckle my shoe, by, one, examining their own awareness of race and, two, by asking what they considered as the role collectively of their school’s professorship in furthering equality and creating a better country.

Three, four, Open the door…

(note, some versions of the rhyme say “shut the door,” but here “open the door” is better)

Step 3.  Open the door of your mind to consider the presence of race in the courses you teach and to consider the consequences of your failing to address race.  As professors some of us may think that in our courses our role is to just cover the Black Letter law and not address race at all, or if to address it to cover it in the most neutral/disconnected/bland way. The dominant message in many school books, etc., is that nonwhites are appropriately invisible or inferior.  As a result, educators may unfortunately feel more at ease searching for a middle ground that does not question the present message, but also does not reject that message, either.

With this step, identify and acknowledge the many ways that “race” is already present in your courses and just needs to be addressed.  Here are just a few examples of courses and the presence of race: Contracts (status to contract, unconscionability, overlap with civil rights cases, gender/racial disparities in negotiating contracts); Civil Procedure (the Walker v. Birmingham case,  and much overlap with civil rights cases); Criminal Law and Procedure courses (cases about nonwhite defendants and some of the language in the cases, punishment disparities, the increase of nonwhites in prison post-slavery, death penalty and the Baldus Study in the case McClesky v. Kemp); Business Associations (ownership rights of shareholders who represent a minority percentage interest and the various rules and voting procedures available to protect those minority interests contrasted with protections given minority race voters in the political process, consider Lani Guinier’s book, The Tyranny of the Majority); Health Care Law (for background consider Harriet Washington’s book, Medical Apartheid); Family Law (nonconjugal adoption,  transracial adoption, adoption of white children by nonwhites, the laws related to domestic violence and the impact on people of color); Torts (ample cases addressing race are present, and consider damages, valuing of lives, overlap with Civil Rights and Constitutional Law (an interesting case is a federal case regarding the Mississippi flag as inflicting emotional distress on Blacks, Moore v. Bryant);  Evidence (eye witness testimony reliability across racial groups, who could be a witness historically versus witness credibility today); Ethics (whether those with certain racial views, affiliations, or exhibiting racist conduct out to be disciplined by the Bar, racial conflict of interest).

If you do not see your subject above, it is only because of brevity of this essay.

In discussing these ideas with the faculty at my school, one of my white colleagues shared that a white student in her Criminal Law course briefed a case in class where the black defendant was referred in the case to as an n _ _ _ _ _.  She said the white student used the word in his briefing. She wasn’t sure what to do in class, so she did nothing.  After the class a number of the minority students approached her and told her how upset they were.  She did not know what to do, so she did nothing and was quite upset with herself as she considers herself a liberal in the south.

I suggested that there were a number of possible approaches she could take depending on whether she thought the word was necessary for an understanding of the case.  Perhaps before the cases with such language are covered in class, she could engage the students in a broader discussion of race, language, and the times of the cases.  Maybe by having such a discussion, some students would be more racially aware in their briefings or other students would be more prepared with an understanding that not all people share the same disdain with the “n” word.  I thought that discussion before or even after the case could possibly enlighten students and expand racial discussions that, mind you, were already happening outside her classroom about how she did not respond in any way in the classroom.

This step is that a professor should plan to address race in class and consider the vehicles to do so.  Merely attempting to ignore a smoldering issue, as the professor above did, does not make it go away and does not prepare our students for the diverse society in which they live and will practice law and serve as community or political leaders.

Step 4.  Open the door of your mind to consider the context in which you teach. In other words, be open to the possibility that close mindedness may be prevalent at your school. Consider the institutional environment and the consequences of doing what you must do–addressing the racial issues in your courses.  First, consider the faculty composition:  How many nonwhite faculty members, how many white women, and how many white male professors teach at your school?  What about adjuncts?  What do these numbers suggest about the potential response (by faculty, administrators, and students) to your addressing the racial issues that are present in your courses? Second, do the same for the student body as a whole and for the usual enrollment in your courses.  Third, critically think about whether there is vocal diversity of viewpoint at your school.  Fourth, examine how welcoming the school is by taking a look at the curriculum that is regularly taught at your school. Are there, or have there ever been, any race classes in the curriculum?  What about other courses like Civil Rights, Women and the Law, Domestic Violence, First Amendment, Immigration Law, Class and the Law, etc? Fifth, consider recent speakers and other invited guests to the campus.  Are nonwhites included to a great extent? Are any whites included who hold viewpoints different from any mainstream thought at your school? Don’t overlook the administration’s openness, or closeness, to addressing race.  Even consider such matters as the school’s physical environment.  Is there any artwork by or featuring people of color or other historically excluded groups?  Finally, think carefully about the racial conflicts that have occurred among the students, faculty or administrators.  How were the conflicts resolved?  Did the conflicts lead to more education about race and the legal system?

An evaluation of your institutional racial environment may leave you discouraged or encouraged.  But if it leaves you discouraged, that could just mean that there is lots of opportunity at your school and a great need for someone to take the courageous step of addressing the racial dynamics in courses that many already know are there and are likely privately discussing.

Five, six,  Pick up sticks…

Step 5. Pick up your tools. Set the stage. Prepare for the impromptu. Plan for the unplanned. Rehearse for the unrehearsed.  One tool I use is introduced on the first day of class.  I set the tone with what I call my Greensheet of Professionalism (I call it the greensheet because I copy it on heavy stock green paper.  It includes class goals and professionalism expectations).  Before the first day of class, ask yourself what climate can you/your students tolerate and what climate is more conducive to addressing race in your course.

One semester, I attempted to build rapport, with my largely white class, first before addressing race.  Note: this approach did not work for me, when I did later address race in the materials many white students said they felt betrayed.  So for me, starting with day one in my Con Law courses, we discuss the individuals or groups that were left out of the promises of the original constitution.  And, I begin the course with individual rights and the Civil Rights cases (majority held congress lacked power to outlaw private racial discrimination; the first Justice Harlan was the sole dissent and he had a half-brother who was a slave).  I regularly use judges’ biographies to address race/class/gender in decision-making.

I also have a participation requirement for the course and daily use a participation roster of those who are prepared with the entire assignment.  Those students are the ones who get the floor and that I call on, this helps keep the class more focused and keeps it from going awry by students who did not prepare and give thought to the material but want to incite tension in an already tense discussion.  In my large classes, I also require students to stand (if they are able) when they orally participate. So, they must stand in and own their analysis and view as to which opinion they are more closely aligned with.

Another tool involves the use of current news and timely issues to address race in the course.  For me, an important policy I follow is I only address in the classroom race in the news where it is relevant to the course.  Some news accounts I save for later in the course when students have learned the foundational material needed to analyze the issue.

So as to have a consistent approach, consider making addressing the facts and contexts of cases a frequent norm.  Then addressing race one day will not be just the exceptional exploration of a case.

Step 6. An important tool in addressing race in your courses is to shift some of that work to the students. Figure out ways to share the responsibility in class for addressing race, in other words plan in advance for inevitable disagreement.  We are educating legal professionals after all, so one tool is to get them into the practice of exploring various perspectives different than their own.  A frequent statement I make in class is, “I understand your argument. But, a great advocate can argue both sides of a dispute.  So, now I want to hear you argue the other side.”

Group collaborative work can also be helpful in teaching students how to disagree even with their friends about issues implicating race in the course.  It is exciting to see two students who are friends analyze together how they come to different perspectives on an issue involving race.   This is a much better outcome than seeing students silence themselves so they can be liked by a majority.

Seven, eight, Lay them straight…

Now we are familiar with some of the tools to address race, so we now come to the class day where we will address race or have the rehearsed unrehearsed moment for an intense racial issue that is present in the materials.

Step 7.  Notice what is going on in the classroom AND within yourself. In step one you understood yourself and the racial issues you are still navigating in your own life. So you know that you must notice your own reaction in the classroom.  Sometimes the intensity may be about yourself and sometimes tension may unexpectedly build in the classroom.

So REMEMBER you can slow it down. Some conversations can be delayed until the next class or even taken outside the classroom first. REMEMBER that you are in charge of the class and that your ultimate goal is for students to learn. Use the “sticks” you picked up and the strategies from steps five and six.

Try to keep the conversation with some balance where there are arguable differences, even if you have to make the argument.  Always connect the discussion back to the course material. Exhibit zero tolerance for disrespect of students, other faculty etc. Sometimes I have to stop the discussion, take the class back to my greensheet of professionalism, and remind them, “We may attack arguments, but we do not attack people.”

Your lingering issues will show up when students make certain comments.  For me, I am still thinking about race and class.  I confessed my discomfort to the class when a nonblack student in my Civil Rights class said, “I didn’t know any poor mothers cared about their children.” In my Race and the First Amendment class a nonblack student said, “All blacks call each other n____ you are not a real black, prof, you don’t know about the experiences of real blacks. I know all real blacks do this because my boyfriend is black and his friends call me a n___lover and then they all laugh.” I was the only black person in the room when this statement was made. I managed to engage the class, before taking further discussion outside the classroom with this young woman.

Step 8.  If you don’t lay them straight in a given class meeting, you still get another chance and more chances to have a positive impact on the lives of your students by helping them think more deeply about the law and race.  A white female in one of my courses said, “I’m from the hills…I have not been around many black people…but what I really think about these people and how they can fix their problems is….” One of her black female classmates was greatly offended by her remarks.  Through after class conversations individually with both students and then a discussion in class, we were able to work through and disaggregate the comment and response.  Everyone learned.  The white female experience much growth through this process.  And later when she applied for a position with Legal Services and her future employers questioned me (her reference) about her ability to work with nonwhites, I was able to recount this growth. The young woman got the job and did very well.

Nine, ten, Do it Again Do It Again & Do It Again.!!!!

Step 9. Perform a critique of how you are doing in our courses with addressing race. Evaluate yourself and seek informal feedback from your teaching community, students, alums etc. Analyze and write about your experiences and present about your learning in various settings.

Step 10.  Revise and plan again for the next class meeting, next semester, or even the next academic year. Tweak your process for addressing race in your doctrinal classes, experiment with it, but never give up.  Remember, for as long as we teach, we get another chance and another!

Racial Anxiety

Racial Anxiety

By Sandra Simpson

By Anastasia M. Boles, UA Little Rock, William H. Bowen School of Law

As law professors, we care deeply about our students.  We put a tremendous amount of effort into our teaching, advising student organizations, and serving as formal and informal mentors.  Unfortunately, science has taught us that unconscious racism may be operating to degrade our student interactions. Many of us are familiar with the term “implicit bias.”  Over the last few decades, social psychologists have explored the ways implicit preferences and biases permeate society, including criminal justice, health, and education.  Thus, unconscious racism may be interfering with our student interactions.

While lesser known than implicit bias, a common consequence of unconscious racism is “racial anxiety,” which is the unconscious anxiety we may experience or exhibit when interacting with a person of a different race.  For example, racial anxiety can cause undetectable physical changes in our bodies such as nervousness, discomfort, stiffness, and decreased eye contact.  The experience of unconscious racial anxiety sets up a vicious cycle; we unconsciously minimize interactions that have made us uncomfortable in the past, even if we cannot name the source of the discomfort. Racial anxiety expresses differently depending on race – people of color may be anxious about experiencing racism; whites may fear saying the wrong thing, or being labeled a racist.  Whatever the cause, as our cognitive resources are directed to mitigating any racial anxiety we are experiencing, the quality of our personal interaction with the differently-raced person can degrade.[1]

Racial anxiety is likely present in the halls and classrooms of law schools as well.  Despite our best intentions, law professors may experience racial anxiety symptoms in cross-racial conservations and interactions with our students.  At the same time, our differently-raced students may experience racial anxiety as they interact with us.  Consider this common scenario: a white law professor and a student of color meet outside of class for the first time to review an exam, talk about an issue from class, or discuss a paper.  Racial anxiety can affect the professor’s ability to build rapport with the student, appear open and friendly, evaluate the student’s learning needs, engage the student’s questions, and build trust.  The student of color, if also affected by racial anxiety, is less able to ask questions, absorb feedback, and seek mentoring.  If either the law professor or law student experienced unconscious racial anxiety during the meeting, future interactions between the professor and student may be affected.  Now imagine the potential for racial anxiety to disrupt the law school classroom where a sensitive issue related to race comes up in class discussion.  Racial anxiety may degrade the ability or willingness of the professor to engage the issue.  The ensuring student discussion could suffer.  Our students require our full attention; if racial anxiety is depleting the attention we give, we should do something about it.

What can we do?  If racial anxiety operates in our unconscious minds, can we ever hope to banish it?  The great news is that we can.  To combat racial anxiety, psychologists recommend that we start by increasing our cross-racial interactions with our students.  Psychologists call this “intergroup contact.”  Strategies such as encouraging students to attend office hours to increase familiarity, attending and supporting student events with differently-raced students, and increasing the amount and depth of conversations with differently-raced students can help.  During cross-racial interactions, seek to understand cultural differences as well as identifying similarities; the goal is to recognize and appreciate the varying cultural backgrounds of our students – not minimize them.  The more law teachers and law students from different racial backgrounds interact with one another, the less potential for racial anxiety to disrupt those interactions.

[1] For more information about racial anxiety see here, and here.

Institute for Law Teaching and Learning