A Few Practical Classroom Resources For The Weeks Ahead: Accessibility, Clarity, And Inclusivity

By this point in August, all faculty, no matter how long you’ve teaching, come to the realization that your class is probably as ready as it is ever going to be.  For those of us particularly interested in teaching law students, it’s also the time to get realistic about the extent to which we can incorporate all the best practices that we know should be in our classes to provide the best possible experiences for our students.  So, what are some practical things you can do right now?  This helpful information from WVU for faculty teaching for the first time can be a helpful checklist.

These are a few high yield resources that I find particularly helpful for turning these intentions into action.

  1. Accessibility

One of the most basic issues we all face is whether the material we provide our students is accessible to them.  Fortunately, there are excellent resources to help use principles of universal design—and not only is it a good idea to follow these principles, it’s actually the law. 

For that reason, it’s likely that your own university already has materials but here are some examples to get you started.  An overview from Cornell,  WVU advice specific to PowerPoints, a comprehensive resource from Colorado and some more pointers about PowerPoint from Blackboard.    Often forgotten is the accessibility of video material—here’s some good advice.

Finally, here is a barebones checklist for documents from the U.S. Govt that could be helpful as a last step before releasing a more substantial document to the class.

  • Clarity of Content

We all want to be clear—and it turns out there are some best practices for doing that.  Here’s one to get started with. (more later)

  • Inclusivity—a few thoughts on names

We all want our classrooms to be a welcoming learning environment for all of our students.  A first step to doing that is just to remember that we all see the world through our own experiences and it’s likely that other people will see it differently.  And luckily there are experts both within the field of legal education, law, and more generally higher education who can help us achieve that goal.   My first advice is to seek out experts starting on your own campus.  Beyond that—are a few resources and a warm invitation to include more in the comments.   

The American Association of Colleges and Universities, a compendium of resources specific to GLBTQ inclusivity, and some information from the ABA

Much is written regarding best practices in calling students by whatever name they choose—and maybe more on how to make that happen later.  

But here’s something less discussed– the names we use for the many hypotheticals we end up writing.   While it seems fun at the beginning to write the “stories” on which subsequent legal analysis is based, it turns out that naming our characters can be something of a minefield.   It’s never a good idea to use the names of the student themselves or people they know—for one thing it can be distracting at best and depending on the hypothetical, perhaps even distressing. 

Beyond that, Names are very powerful, and by choosing to name our plaintiffs, defendants, judges, and witnesses, we are sending messages about how we see the world and our students’ place in it.  At this point, we are all conscious of avoiding offense by not making all the crime and accident victims women and all the judges men, let alone engage in racial, ethnic, sexist, abelist, sanist (please avoid the word “crazy” as hard as that is), homophobic or regional stereotyping [even when it’s in the context of ribbing sports rivals].

But there’s a next step beyond avoiding offense—and that’s truly inviting the larger world into our classroom by drawing names from a variety of cultures and regions.  Where do we find these names?  Baby naming sites! Here are two of my favorites baby name wizard and nameberry.   You probably have your own to add in the comments.

Both of these sites have lists of contemporary popular names in different regions.  At bare minimum, it opens up your fund of knowledge and allows for variety.   But even better, it can help your classroom better reflect the diversity of our country. 

To make it onto a top ten list, these are names that have probably been circulating for a while. Students may well have a cousin or a nephew with one of these names.

 And as a side benefit for pure learning theory, having access to so many names avoid the inherent confusion of a hypo involve Paul, Peter, and Polly.

They can also help you avoid falling into gender traps—here are 150 gender neutral English language names.   Caution.  After doing this, it is essential to proof-read yourself so that you have not fallen into the trap such as making all the defendants Swedish and all the crime victims Norwegian.  Caution 2: If you use these resources enough you may get a lot of diaper ads.

Recap—this post has a deliberately spare list of resources to help make your classroom more accessible and inclusive.

Have a great first week of class–

Jennifer S. Bard, J.D., M.P.H., Ph.D., Visiting Professor at the University of Florida’s Levin College of Law

After All These Years: Another Bar Exam Over, Another Entering Class, but Still a Disconnect between the Licensing Exam and What We Need Lawyers to Be and Do

I was never a Journey fan but I truly am astonished that after all these years of preparing lawyers for practice, and after two years of an unprecedented undermining of  the rule of law in our nation, law schools still live with a disconnect between the profession’s  licensing exam and what business, government and society needs lawyers to be and do, which includes protecting  the rule of law. 

The National Law Journal recently discussed two new major studies which will analyze whether the current exam is the best measure of new lawyer competence.  The National Conference of Bar Examiners (NCBE) is in the midst of a three year study  to “ensure that the bar examination continues to test the knowledge, skills, and abilities required for competent entry-level legal practice in the 21st century.”  (Hmm, continues? that’s a bit biased) and has already held 30 listening sessions.  

The second study, “Building a Better Bar: Capturing Minimum Competence” is an initiative of  the Institute for the Advancement of the American Legal System in partnership with Ohio State Law Professor Deborah Merritt, and aspires to develop a “fair, evidence-based definition of minimum competence” to improve the current licensing process.  Funded by Access-Lex, the researchers:

will be holding 60 focus groups in 12 locations around the country. While these focus group participants will primarily be new lawyers, we will also hold a number of specialized groups with supervisors. Additional specialized groups will include only women and only people of color, as well as groups in rural areas; traditional job analyses can mask the views of these lawyers, yet their perspectives are essential to create a more fully representative view of minimum competence and how to test for it effectively. Through these focus groups, we will be able to capture key information from a diversity of perspectives and provide concrete data on the definition of minimum competence that the profession can use to improve the bar exam and how lawyers are licensed.

 

Readers may remember that IAALS has provided helpful research in the past through its Foundations for Practice  research, which identified the  competencies over 24,000 legal employers value in new hires (most of which go untested by the current licensing process) as well as the evaluation of the graduates of the Daniel Websters Honors alternative to the bar exam in “Ahead of the Curve:  turning Law Students into Lawyers

I suppose I should be delighted that more studies are being launched. They are addressing the exact issues so many of us have raised for decades. However, my reaction is uncharacteristically pessimistic.  (Readers here who have tolerated my enthusiastic use of exclamation points and emphasis will agree it is uncharacteristic).  Perhaps it is the August humidity. Perhaps, it is the sorrow surrounding our nation after a week of grief from senseless gun violence But more likely, it is the fact that I am feeling frustrated that we have already studied this to death! For example, working with state bar associations The Foundations for Practice Project already studied new lawyer competencies with 24,000 lawyers from all 50 states participating and found

… the foundations that entry-level lawyers need to launch successful careers in the legal profession.

In a first-of-its-kind survey, we asked, “What makes a new lawyer successful?” More than 24,000 lawyers from all 50 states answered.

What we learned is that new lawyers need more than IQ and EQ to be successful. They also need CQ: Character Quotient. In fact, 76% of characteristics (thinks like integrity, work ethic, common sense, and resilience) were identified by a majority of respondents as necessary right out of law school.

Beyond character, new lawyers are successful when they come to the job with a broad blend of legal skills, professional competencies, and characteristics that comprise what we call the “whole lawyer.”

So why is the NCBE, who clearly has a stake in the outcome, refusing to respond to the outcome of that 3 year old study but instead promising only to do its own study. JEESH! We tweak here and there, we add more pro bono or experiential requirements, but no one truly influential will admit that our insistence on anchoring the gateway to the profession to a timed, written exam instead of clinical excellence is the problem.

Starting as early as 2008, this blog has discussed the problems with the bar exam and its role as an unhelpful, anxiety producing, discriminatory, skewed, and unnecessarily speeded, gate-keeping device.  For a sporadic history of posts between then and now, in fairly chronological order, click on the links below.

Did You Know That “Bar Courses” Don’t Matter? 

New Article: No Excuses Left for Failing to Reform Legal Education

Working with State Bar Associations on Best Practices

Bar Passage and Best Practices for Legal Education

One BAR to rule them all?

The Daniel Webster Scholar Honors Program

NYSBA Task Force on the Future of the Legal Profession Report

New Requirements for Bar Exam Stress Clinical Education

Existential Crisis and Bar Exams: what is really cruelest?

The Bar Exam Inhibits Curricular Reform

NEW YORK STATE BAR ASSOCIATION VIGOROUSLY OPPOSES PROPOSAL TO BRING UBE TO NY THIS JULY

Preparing Students for the Multistate Bar Exam

Musings on the Bar Exam and Legal Education’s Attitude toward it

Bar Exam Musings, Part II: Skillfully Changing the Bar Exam Narrative

Experts in the Legal Field Question the Bar Exam…

What’s going on in California? “TFARR- recommended” 15 credits of competency training

New York Proposes “Experiential Learning Requirements” as Condition of Licensure: CLEA and NYS Bar Committee Respond

Examining the Bar

Keeping an experiential identity in bar passage reform

Whither Clinical Courses and Bar Passage – by Prof. Robert Kuehn

DO LAW SCHOOLS ADEQUATELY PREPARE STUDENTS FOR PRACTICE? SURVEYS SAY . . . NO! – Robert Kuehn, Washington University School of Law

Professor Merritt’s Blog post on attorney discipline and bar exam WORTH A READ!

Studying Better Ways to Test Bar Applicants for Minimum Competence: Another Reason to Care about the California Bar Exam (Besides the Cut Score Debate)

Scholarship on Bar Exam Alternatives Needed

ABA Commission on Future of the Profession & ABA Vote on Bar Passage Proposal

Drafting Exams With Test-Taking Speed in MindConcrete Suggestions for Bar Exam Reform

We have to talk about the bar exam

What can Law Schools Learn about Bar Passage from Medical Schools’ Approach to Studying Students Who Struggle with Licensing Exams?

More Resources Re Teaching, Learning, and Bar Passage

A Fresh Look at the Uniform Bar Examination

Letters raise concerns about changes to the bar pass accreditation standard

Time to Remedy the Ills Afflicting ABA Council’s Standard 316 Proposal

Are the Students Failing the Bar Exam Today Canaries in the Coal Mine warning us of a More General Need to Change Legal Education?

Shifting the Focus of Legal Education Back to Just That: Education

How Practice Tests Reduce Anxiety in Bar Preparation and the Exam

Quite a listing, huh? I suspect that the IAALS and Merritt project will provide us with extraordinarily helpful insights into measuring minimum competence. But political clout is also needed. Will this BLOG simply be adding more posts for years to come on the unfairness and inappropriateness of a slightly modified, unnecessarily stressful, timed, bar exam — a continued hazing tradition?  I hope the NCBE and other institutional influencers proves me wrong.

Leading Edge Conference: Facing and Forming Legal Education’s Future with Insights, Data and Inclusive Thinking

Last week, I was fortunate to attend the 6th annual Leading Edge Conference hosted by Wolters Kluwer (WK) in Riverwoods, Illinois. It was my first experience with this particular conference. Using an unconference format and with a balance of old-timers and new attendees, WK brought together approximately 30 “thought leaders” for two+ days of intense discussion. Participants included professors and deans from a wide variety of law schools, representatives from law related entities such as LSAC, NITA and IAALS, education or pro-bono related entrepreneurs, and digitalization pioneers.

In addition to the conference, WK hosts the Leading Edge Webinar Series and just announced its 2nd annual Leading Edge prize. Ten Thousand Dollars ($10,000) will be awarded to two winning teams “to help implement their visions of improving student outcomes or expanding educational opportunities for law students.” Proposals are due August 15th.

I left the conferences with many “take-aways,” that I am only beginning to fully digest, and with a better sense of the continuing challenges facing legal education and our profession. Bernard A. Burk, Jerome M. Organ and Emma B. Rasiel recently published in the Nevada Law Review “Competitive Coping Strategies in the American Legal Academy: An Empirical Study”. Their research examined the response of law schools “to the substantial fall off in both the number and the conventional qualifications of applicants to law school that began after 2010.”

The “Competitive Coping Strategies” research also explains why more law schools have not closed and emphasizes the “widened distance” between current students’ needs and current school resources. The study found that in the face of plunging applications to law school, “Reputationally stronger schools” generally chose to preserve their entering Class Profile. This meant “thousands of viable candidates remained available to other law schools, effectively preventing the closing of as many as twenty Reputationally Weaker schools.”

Second, the study points out the implications of shrinking Class Size and discounting Tuition to preserve entering class profile. “As a practical matter, then, law schools ‘invested’ in Profile rather than in expanding their faculties, facilities or their access to clinical and experiential education. We encourage discussion of the implications of this investment choice.”

Third, the study noted that “some Reputationally Weaker law schools perversely were able to maintain or raise their average Net Tuition” and “the students with the least promising prospects for obtaining or making any economically sustainable use of their law degrees are paying the highest prices to obtain them. These inequalities expanded significantly after 2010.”

Fourth, the study highlights the millions of dollars in forgone Tuition Revenue “unavailable to meet the needs of students who at many law schools are significantly less prepared” than their predecessors and suggests this widening gap underlies the declining Bar Exam pass rate.

We seem to have reached a plateau in declining admissions to law school. But that plateau is not a place for us to settle in and rest. There are too many hard questions about where we are now.

How do we address the inequalities which have expanded since 2010 in law schools? What is the value we provide to those with the “least promising prospects?” Is it immoral that those least likely to make “any economically sustainable use of their law degrees are paying the highest prices to obtain them?” or that they may be undertaking crippling debt to obtain a law degree?

On the other hand, if we narrow the pathway into law schools even further, rejecting any who come to law school less credentialed or less prepared, will we be rejecting the dreams and hopes of those who desire a professional pathway? Will we be rejecting many who will find an economically sustainable and good life for themselves? Will we be playing God with students from less advantaged backgrounds just because we don’t know who will make it and who won’t? Will we be eliminating first generation students in larger numbers? Will we be amplifying the lack of diversity in our profession?

And what about the role of law schools in the community at large at this moment in our nation’s fledgling history? Shouldn’t we continue to exist as community laboratories which encourage civil discussion, uphold the rule of law, critique unjust legal systems and decisions, work to sustain democratic institutions and constitutional checks and balances, and produce new ideas about the role of law and legal systems in society?

Finally, if we espouse the “public good” values of my last two paragraphs as arguments for the continued existence of the legal academy and law schools, then do we prioritize these values in our faculty hiring, our strategic plans, and our prioritization of resources?
So, I leave you as I left the conference, with more questions than answers, but with a firm sense that we must continue to ask these important questions.

(Note: the author had her lodging, food and flights paid. She was not paid to write or post anything about the conference. Besides, she is pretty opinionated and not easily swayed.)

Blended Learning for Law Schools

I just returned from an inspiring and thought provoking three days at the Wolters Kluwer-sponsored Leading Edge workshop. The gathering of about 35 thought leaders from legal education – a wonderfully diverse group – was structured as an un-conference, so the participants designed the agenda upon our arrival and all the discussions revolved around topics that the invitees chose and facilitated. The topics ranged from assessment to increasing diversity in the academy, to teaching about leadership and cyberlaw, to disruption of law schools (yes, that was the session I lead).

Among the many recurring themes at the conference was online learning, particularly blended or hybrid learning, also referred to as flipping the classroom. Over the last few years, researchers have increasingly confirmed that students learn best in courses that combine online with face-to-face learning. Here, the Mayo Clinic describes the utility of blended learning in the health sciences field. Similarly, the US Department of Education found many benefits of flipping the classroom in its meta-analysis of online learning. These and other studies talk about the many advantages that derive from blending online and in-class instruction.

In the law school context, I made these videos about flipping the law school classroom and blended learning in legal education, in which I talk about how online learning can free up class time for law students to begin to gain exposure to essential lawyering competencies during each course while still covering the doctrinal material that professors hope to assign during a typical semester. Adding blended elements to your courses can be fun and rewarding. Here are some tips for getting started.

Top Five Things to Consider When Flipping a Law School Course

  1. What topics do you want to flip?

Before you begin, identify the topics that you typically cover for which the flipped classroom model would make the most sense in the course.

  1. You don’t have to produce all of the videos.

Don’t be reluctant to assign video content produced by other professors. Like other teaching and scholarly activities, such as writing an effective article, practice guide or even blog post, the production of effective and engaging video content takes time. As a result, I often assign my students to read law review articles and casebooks prepared by other professors. Assigning videos prepared by other professors is analogous. Indeed, by assigning material prepared by others, our time is freed up to spend on more active teaching activities. Visit legaledweb.com for a collection of videos prepared by leading law faculty.

  1. Begin with planning what will be “flipped in” rather than what will be flipped out.

Plan what you want to do with the additional face-to-face time with students that blended learning will afford. This is the point of having a flipped classroom. For example, consider adding new activities into the classroom (such as interviewing, negotiation or drafting exercises) that hone practical lawyering skills and competencies.

  1. Produce chunked, short video content.

Research shows that effective videos do not exceed 5-8 minutes in length, and some are even shorter. Break up a longer subject matter into a few chunked segments, making sure that each video addresses a discreet legal topic. Remember to make the video engaging and to speak clearly and concisely.

  1. Hold the students responsible for watching the videos.

Start each class with an assumption that the students watched the video. That will create an expectation for the group. Start the class by expanding on the videos lessons and assigning activities/discussions that ask students to use the theories learned from the videos actively through role plays, simulations, small group work or Socratic dialogue.

Best of luck innovating legal education. Let us know, in the comment section below, how it goes for you. What works? What could be improved? What insights can you share with the community?

And if you want to learn more about flipping the classroom and other innovations in teaching pedagogy, visit legaledweb.com

 

3 Problems with Legal Education

UC Hastings Dean Frank Wu has an interesting article in Above the Law about Law Schools.  He mentions three problems with legal education: (1) a glut of lawyers in today’s market; (2) high cost; (3) insufficient training in practical skills.

Do you agree?  Would you add anything to the list?

TED Talks Education on PBS – May 7th

Just got this email from Chris Anderson, TED Curator. Should be worthwhile for anyone interested in how to improve teaching and learning.

Dear TED community,

I am proud to announce that TED Talks Education, our first original televised event, premieres this Tuesday, May 7, on PBS stations across the US. It will be available globally on the PBS website starting May 8.

Hosted by John Legend, TED Talks Education asks how can we better inspire our students — and support our educators. TED, WNET, PBS and the Corporation for Public Broadcasting teamed up for this brand-new one-hour special, launched in response to the high dropout rate in American schools.

TED Talks Education is an exhilarating night of new talks by Sir Ken Robinson, Geoffrey Canada, Bill Gates and some truly inspiring teachers. In fact, we’ve just posted the first of them today on TED.com. Rita Pierson, a teacher for 40 years, delivers a rousing call to educators to believe in their students and actually connect with them on a real, human, personal level.

Please set your DVR, and let your friends and colleagues know to watch on Tuesday, May 7, at 10/9c on PBS stations across the US (you can check local station listings at top right of this page) — and visit pbs.org/TEDTalksEd after Wednesday, May 8, to watch the whole show online. And we will be releasing most of the speakers as TED Talks from May 8-10 on our homepage.

Our intention was to create an authentic TED event, filmed in a way that makes it compelling television. We really think it worked. We hope you love it as much as we do.

My best,

Chris Anderson

TED Curator

Flipped Learning for Legal Education

Hi Everyone! Mary just invited me to join this blogging community. Glad to be here.

For my first post, I’d like to think about how flipped or blended learning could be used in legal education. Flipped learning blends online and in-class instruction and has been used of late in lots of educational settings, including K-12 and undergrad. I think there is a place for it in legal education too.

The way I see it, flipping the classroom can take a lot of different forms.  I envision them along a spectrum, something like this –

At one end of the spectrum, it can be used to

1. Reinforce learning after class — professors can assign online videos for students to watch after class, to help clarify and/or reinforce the doctrinal concepts that were taught in class, and help to build students’ doctrinal knowledge.

2. Lay a foundation – professors could require students to watch videos that cover basic, foundational concepts – so classtime can start further along the learning process.

3. Supplement with different perspectives — Professors may also assign online videos (prepared by other professors) to supplement their own lectures, so that their students can hear different voices or perspectives on a particular topic or to have students hear from experts on topics beyond the professor’s own field of expertise.

4. Facilitate higher level Socratic dialogue – when professors assign videos for students to watch before class, students have time to think about and reflect on the lesson before arriving in the classroom. That way the videos may reinforce the concepts in the assigned reading and when students come into class – having heard the lesson on the reading before class — they will be ready and able to engage in a higher level of Socratic dialogue and discussion of assigned hypothetical and in-class problems.

5. Integrate essential lawyering skills — when online videos are assigned as homework, as a substitute for a professor’s own lecture — class time is freed up for more active learning exercises that incorporate some essential lawyering competencies.

6. Professor as Facilitators/Guides — Some professors may decide to use videos to help integrate practical lawyering skills in doctrinal courses. Students could be required to review videos on substantive law and on practical lawyering skills out of class. Then, classtime can be devoted to simulations or role plays in which the students use the material they learned on video to engage in essential lawyering skills – such as negotiations, interviews, or oral arguments.

In this way, the professor is moving from a position at the front of the class, to a coach who works one on one with students, or with small groups of students, during assigned classtimes. And it promotes collaboration and team building among students.

This last category would be at the other end of the spectrum and allow professors to bring more training in practical lawyering skills into each course.

What do you think?  Let me know if I’m missing something.  I am speaking about how to use technology in our teaching at the AALS Clinical Conference next week.  I’d love to hear your reaction to these ideas before then.

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