Bachelor of Arts… In Law?

Traditional Juris Doctorate legal education has been struggling, that’s no big secret. Many institutions have looked to other types of delivery methods for limited types of non-J.D. legal education to non-lawyers, such as Masters of Jurisprudence or certificates in law.

This fall, the University of Arizona will introduce the nation’s first Bachelor of Arts in Law for undergraduates. Brent T. White, Professor of Law at the University of Arizona, writes in The Case for Undergraduate Law Degrees published recently in The Chronicle of Higher Education that it’s time to break the J.D. law school mold:

The question is not whether nonlawyers will provide legal services; it’s whether they will be well trained. Undergraduate law degrees offer the most cost-effective and broadly accessible way to offer such training.

Because of their broad accessibility, undergraduate law degrees could democratize access to legal education in ways that small master’s programs for students who are not becoming lawyers simply cannot. Undergraduate law degrees might in turn lead to a more-informed social understanding of legal issues, help end lawyers’ near monopoly on legal knowledge, and reduce barriers to citizen participation in the legal system. Equally as important, they might also, in time, lead to the rethinking of some restrictions on the “unauthorized practice of law” and open avenues for those with undergraduate law degrees to provide meaningful access to legal services to underserved communities.

The graduate-only model of legal education imposes huge and often prohibitive costs on people wishing to study law. It’s also costly from a societal perspective, resulting in a shortage of people who are capable of handling complex legal issues.

It’s time to break the mold—and for law schools and universities to begin to think critically about the roles and advantages of undergraduate legal education.

 

 

The Handwriting v. Typing Note Taking Debate

Handwriting and idea generation go hand in hand. Researchers suggest that students may learn better when they take notes by hand, that the act of “putting it down” on paper forces the writer to focus on what is really important. According to a recent article from Pam A. Mueller of Princeton and Daniel M. Oppenheimer of UCLA, The Pen is Mightier Than The Keyboard: Advantages of Longhand over Laptop Note Taking, students learn more effectively when handwriting notes versus typing.

Many legal educators have criticized the distracting nature of computers and the negative effects of computing/multi-tasking on the decline in students’ note-taking skills. But, what if the answer is much simpler – that it is the lack of handwriting itself, not necessarily any distraction inherent in laptop usage, causing the decline.

Let’s be honest. Not every handwriter is a good note taker (just by virtue of being a handwriter).  Every student should be instructed in effective note taking – whether on paper or on screen. Every student should be instructed to listen for structure and cues, to reframe concepts, to review notes, and to restructure notes for maximum effectiveness and understanding.

Additionally, laptops aren’t only used for note taking in the classroom. For example, in my legal writing classroom, students don’t have much lecture to capture with their keyboards. Class time is spent actively, with students working on writing exercises, student samples, and where laptops are more commonly used for individual and group in-class research.

Let’s not be too hasty to blame laptops on our students’ note taking and learning short comings. Perhaps we should also examine our own teaching methods first.

 

Summer Book Club: Education Edition

In between catching up on your fun reading – The Fault In Our Stars, The Goldfinch, or Gone Girl (if you’re really behind) – and those writing projects you’ve been planning to start, make some time to reflect on this past semester and year and check out one of these Top 10 Books on Teaching. We’re all suffering a little “dire predictions for legal education fatigue,” right? Let’s make a commitment to read something inspiring about teaching and learning this summer.

James M. Lang’s list, published recently in The Chronicle of Higher Education, includes some oldies but goodies (What the Best College Teachers Do by Ken Bain) as well as some newer titles to refresh our teaching goals and commitment like Make It Stick: The Science of Successful Learning by renowned cognitive psychologists Henry L. Roediger III and Mark A. McDaniel, along with Peter C. Brown, published this year. Make It Stick is definitely on my reading list this summer.

Does reading on digital devices lead to deep reading?

Does the technology we use to read actually change the way we read and comprehend written material? Is reading on a screen a different mental process than reading on paper? Reading is such a critical component for legal education and many legal scholars have found that effective reading comprehension skills are a key differentiator between successful and struggling law students.

Researchers are trying to understand differences in comprehension between reading on digital devices versus on paper to develop the best strategies to transfer tried and true print reading strategies into digital reading environments.  To be most effective, researchers suggest readers will need a “bi-lateral brain,” a brain that is adept with technology, but also employs deep reading skills no matter the technology.

An article in Education Week, Digital Reading Poses Learning Challenges for Students, summarizes the issue:

When reading on screens, for example, people seem to reflexively skim the surface of texts in search of specific information, rather than dive in deeply in order to draw inferences, construct complex arguments, or make connections to their own experiences. Research has also found that students, when reading digitally, tend to discard familiar print-based strategies for boosting comprehension.

A similar article in Scientific American from last year, The Reading Brain in the Digital Age: The Science of Paper versus Screens, summarized recent research on this issue, suggesting that while “E-readers and tablets are becoming more popular as such technologies improve, but research suggests that reading on paper still boasts unique advantages.”

When reading on screens, people seem less inclined to engage in what psychologists call metacognitive learning regulation—strategies such as setting specific goals, rereading difficult sections and checking how much one has understood along the way.

 

 

 

Fail Your Way to Amazing Things (Even the Bar Exam)

Legal educators and law students can borrow some ideas about failure from the corporate world. In a recent article on Forbes.com, Ekaterina Walter examines the nature of “failure.” Failure is a delay, not a definition. In many ways, each failure is a unique opportunity to learn – what didn’t work?

In academic success, I coached many a student grappling with “failing” – failing a test, an important paper, an entire course, failing out of law school, or failing the bar exam. I worked on validating the feelings of frustration, sadness, and grieving in order to transition to the “what can you learn from this” opportunity. Some students couldn’t, or didn’t want to, hear me.

But many students, brave students, recognized the counter-intuitive value in failure, that failing is not defeat, but merely a detour, that sometimes students need to take the long way around to truly learn from trying, not succeeding, and trying again.

For the students who have recently learned that they have not been successful YET on the bar exam, don’t despair. Mourn your loss, but don’t accept defeat.

You haven’t failed. You’ve been given an amazing opportunity to learn from your mistakes. Don’t blow it. Sometimes you have to fail your way to amazing things.