Time to "Do", Not "Talk"

[Guest post from Washington and Lee University School of Law Professor James E. Moliterno]

Are law schools in crisis? Certainly there has been some embarrassment in the revelations about common rankings strategies and student-getting activities. But the relatively easy access to student loans to finance the high cost of legal education, and the remarkable resiliency of student demand for our product have insulated legal education from the harsh effects of the economic downturn. Law schools are not in crisis, at least for now.

Like others, I believe in legal education’s power to open opportunity for graduates. But the market must eventually force a downturn in the numbers of entering students. And the practicing profession, if it heeds the advice of forward-looking prognosticators such as Richard Susskind, will find a way to maintain the economic viability of the law firm.

So, shall we do no more than bemoan the current circumstances and curse the misbehavior of law schools and express surprise at the continued desire of large numbers of students to undertake risk? I think that the time for hand-wringing has passed. The time to do rather than talk has come.

As law faculty, we need to recognize what we can and cannot accomplish. The economy will be what it is and its effects will be felt, no matter how much ink is spilled over it. More transparency is a useful measure. We should pursue it.  I expect it will dampen demand for law school, reducing it to a level more in line with the realistic hope for opportunity that law graduates should entertain. I believe in legal education. It should be engaged by the right number of students, with the right motivation, so that they can realize its marvelous benefits.

What else can we do? We can make legal education better. That is our bailiwick. That is what we are equipped best to do.

One path is to try to recover from the mistake made by legal education in the late 1800’s. At the time, both medical education and legal education were reformed, as “scientification” was the order of the day. Medical education decided that its job was to create doctors; legal education decided that its job was to create law professors. Incidentally, some of those graduates might actually practice law, but that was no concern of legal education. In the roughly 125 years since these reforms, legal education has struggled with its tenuous relationship with the legal profession. Now, with every constituent demanding that legal education become more valuable to its graduates, to their prospective employers and clients, we can instigate a 21^st Century reform.

This reform should not throw out the good just for the sake of change. Many aspects of legal education work wonderfully. Much of what happens in the first year retains its magic; much of what happens in the second year allows students to be exposed to the range of core legal subjects that any educated lawyer should have in her arsenal.  But the third year can and should serve as a transition to the students’ lives as lawyers, judges, public officials, and yes, even law professors.

At Washington and Lee, we have adopted a third-year curriculum that requires students take a full load of experiential education: clinics, externships, practicum courses that simulate an array of practice areas, and two week intensive immersions on both transactional and litigation skills and theory. Each course is a mixture of law, theory, skills and ethics. Students learn the relevant law and theory as lawyers do, with problem-solving and client service as motivation, rather than as students do, with a final exam on studied material as their motivation. The transition to a lifetime of engaging law as lawyers do is necessary for adoption of the professional role and mind-set.  This is what a third year of experiential education accomplishes.

Obviously, I like what we have done at W&L.  But my message here is “do something to make legal education better, and do it without destroying what legal education does well.” If you like our approach, move toward it. If you have another idea, explore it and pursue it.

Follow Voltaire’s advice: don’t let the perfect be the enemy of the good. Waiting to try experiential education methods until every conceivable kink has been worked out will delay forever the positive that can come from these efforts and course designs. We can learn from one another’s experience and from our own, just as we are teaching students to learn how to learn from theirs.

The time for hand-wringing is passed.

James E. Moliterno
Vincent Bradford Professor of Law and John W. Elrod Law Alumni Fellowship
in Teaching Excellence, 2010-2011
Washington and Lee University School of Law

 

Comments

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I second Jame's exhortation. Pursue curricular change based on a reasonable theory of "this action will produce this objective"; evaluate results; revise based on feedback; repeat. Over time, we get better. This is the path of doing rather than debating. bh.

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I think "crisis" is over the top in my opinion.

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[Egils]

I was interested to read this. I have a son who is 16, and about to leave scoohl and keen at the moment to go on to college, to do a foundation course to make up for the learning he didn't do/education he couldn't access at scoohl. He had his diagnosis of aspergers amongst other things at age 11, in France, carried out in a language foreign to him, heavily subjective and reliant on my comments rather than his.It became obvious to me at age 6 that my son was having a really difficult time at scoohl; he'd gone very rapidly from being a confident, happy child to being someone full of worries, fears, concerns, phobias and lacking the confidence to even speak out loud. I was furious that scoohl hadn't picked up on this and helped him, and having friends who were home educating, decided to join them and de-school both my son and my daughter (2 years younger).We spent 18 months home-schooling, meeting up with other home educators on a weekly basis to share experiences and socialise children. This was great for me and my daughter, but for my son nothing much changed; he was still a person whose behaviour was at frequently at odds and not understood by those around him, and social life was frustrating and confusing. In terms of education, on reflection anything he learned was down to his own motivation he learnt what and when he wanted, and not otherwise. I remember vividly the overwhelming despair and frustration trying to teach him anything, despite the fact that I was his parent, had been a teacher and had experience of special needs education. Please be aware of the legislation surrounding home education; both in the UK and here in France, there are regular check ups to verify that some sort of curriculum corresponding to national requirements is taking place. I do believe in child centred learning, but also see that there is a necessity too for children to be taught some things that may not be immediately obvious or interesting no matter how skilled the teacher! particularly where formal monitoring by local educational authorities is an obligation.He eventually went back into scoohl as I really couldn't cope any more with the feeling of futility, and this time started the process instigated by scoohl to diagnose his difficulties. The assessment team recommended all the things one would expect for an aspergers child social stories, sensory strategies, variety of learning/teaching styles, physiotherapy for dyspraxia.. but did not put a label on his problems. The actual, practical help was extremely limited; a handful of sessions too few and far between to be meaningful to him and unrelated to the rest of his life, in scoohl or out. He started secondary scoohl, and the help dwindled further with lack of communication between his teachers, and despite repeated visits and explanations and requests from myself. He coped for 2 years there, but by the time he left he wasn't doing his homework, he wasn't doing the work set in classes and his work was so illegible that some of his teachers had refused to read or mark it anyway, so he wasn't very motivated. He was also by now more in his own world, and seemed to not be aware of any behaviours from other kids which I would have termed bullying. The other kids seemed to just leave him alone thankfully.We moved to France when he was 12 hoping a more structured educational system, more gentle society, wealthier health system may offer some help for him. He had always been interested in words, the roots of words, language so we didn't anticipate problems with him learning French, however this has proved disastrous for him educationally. He doesn't feel he's learned anything throughout his secondary education (although his conversations with us show he has). He had an other assessment shortly after arriving here and eventually was given the label aspergers/dyspraxia which entitled him to a classroom assistant. We were fortunate in fighting the system for an English assistant who was superbly well suited, but unfortunately, being Aspergers, Thai doesn't like having people close to him, so sitting side by side at a desk hasn't worked; Thai has been pre-occupied with sensory overload smells, sounds of his helper, and his helper for the last 6 months has retreated to the back of the classroom and even resorted to changing his tack completely so he is advising the teachers rather than assisting my son.Socially he was bullied at the first 2 secondary scoohls he tried. In retrospect, had we stuck with the first, state scoohl he would have received specialist support and I believe they would have been effective, however he would have had to withstand a period of unsettling isolation and fear first before they recognised his needs.At the second scoohl, things got even more out of hand and culminated in him walking out of scoohl after being badly bullied in the playground. The scoohl hadn't even noticed he'd walked out. He had several weeks out of education, before he tentatively started at his 3rd secondary scoohl here. This was the final scoohl locally accessible, and was a private scoohl which has been a drain on finances. Apart from the help given him from Chris, his assistant, the scoohl has been useless in that they have consistently ignored requests to implement the most rudimentary of strategies, for example presenting the core of each lesson in written form. This however is partly due to the inflexibility of the French system which we had stupidly not anticipated or understood sufficiently; the majority of teaching is chalk and talk the kids copy what the teacher writes on the board (if they can read his handwriting) and try to take notes simultaneously while he talks. Apart from the aspergers, Thai has hearing problems and needs to wear hearing aids. This was a disastrous combination for him. However, along the way both us (me his Mum and his step-dad), Chris and the occasional teacher have tried to individualise his learning more, but Thai has consistently chosen not to be engaged in the majority of situations. Occasionally he has shown interest in something and, regardless of how it's been taught or presented, he's picked it up BECAUSE HE'S WANTED TO. I don't think he would have succeeded in scoohl anywhere, or through home ed, unless he wanted to. He reads constantly, researches on his computer and spends the majority of time pursuing his own interests, only interacting with the rest of us when he feels a need to. Being here has at least given him space and peace when he wants it, and he is a LOT less stressed than he was in the UK. Perhaps the language barrier helped, in that it gave him a reason to cut off from the rest of his peers. There has been no bullying for the past 2 years. He ignores them, and they ignore him mainly, although several children have tried to talk to him. He retreats into his book.He's leaving scoohl this June, without formal qualifications, and is lucky that there is provision on foundation courses in the UK for children like himself who have not gained anything from the education system. He is also at the moment motivated about the idea of returning to the UK studying the subjects he's interested in English, history, art, IT, at his own levels high in some cases, rock bottom in the case of maths! I don't know if he'll make a go of this, but I've learned over the course of his life that he will only do what HE wants, when and how he wants, and IF he wants, he CAN succeed.In retrospect, it feels like the whole educational experience (primary and secondary) has been simply marking time for him. He's now maturer and choosing to learn, which is what will make the difference. I wish all parents of aspergers children luck, and buckets full of patience, and faith that their child will find their own way in life because I don't feel anything I've done for my son has made any difference. He has always been and always will be his own person, uninfluenced by anyone else around him.It's been like watching a chrysalis; Thai retreated, has been protected and allowed to retreat for several years, and it is fascinating seeing him emerge with more self-confidence, knowledge and awareness. His strange behaviour is less noticeable as he becomes more adult, external expectations are more respectful of the individual which is to his benefit, and I am quietly optimistic for him.

[Celso]

I have read all the comments and reielps from Dave Angel. It is always extremely interesting and educating to be informed about any experiences people have with Asperger persons.I have a 6 year old son. He was spotted by his reception teacher in November last year. My wife and I were called for a meeting with the SENCo and my son's teacher. We were told they believed he is a high functioning autistic child, most likely an Asperger. After a long fight and a bit of persuasion with our GP, in September last he was finally diagnosed as an Asperger. He is in year one and, so far, he has dome it very well. As opposed to Sarah Ann Higgins son, ours enjoys the support, care and understanding on the part of not merely the SENCo but also the rest of the staff at his primary school. Not surprisingly, this school is a community mainstream school totally devoted to create a social atmosphere within the community. And they have really achieved it! In terms of its social progress and achievements the last of Ofsted report gave it a 1 2 performance. That is outstanding and good.So, for the time being all seems to go well. We are aware that he is only 6 years old and we can say it is just the beginning of a long and unpredictable process. In the circumstances, my wife and I do believe that he should go to a mainstream school where, despite the inevitably level of bullying that prevails (I must say that in his school that issue is very much under control. So, it takes place but at a very small scale). My son is surrounded by excellent friends and parents who do try to be understanding and supportive. Therefore, it is no comparison to having him at home than at the school. I repeat, at least for the time being this appears to be working well. I do not dare to anticipate anything, be this good or bad.I must say that although it is important, very important to be knowledgeable about the legal side it is even more important to give your children love and understanding. They feel it and this has a definite impact in their lives. For their confidence and self-esteem is at all times present and this can be used as a shield to mitigate, if only a bit, any aggression and isolation they may feel while at the school.Yes, what a shame about Diane's on. This issue of people with Aasperger syndrome has only been brought to the attention of more people since the beginning of the 90 s. What a shame too, that the famous article the Austrian specialist, Hans Asperger, wrote in 1942 about that group of children he was working with. It was written in German and therefore remained in the obscurity until 1991. And the fact that Aspies are not so obvious like other more severe autistic people made it all more confusing and hence led people to take the very wrong decisions, as it was the case with Diane's son. But I cannot accept he will remain as afraid or isolated as he is now. Time and being always alert as to what his interest are will play a decisive roll in successfully bringing up your son, Diane. Just do never give up. be realistic, not optimistic or pessimistic. Just observe him and, of course, make him to feel loved and important to you and other people. Let us not be confused with the fact they cannot understand the social environment, the unwritten social rules, with the fact they do feel and observe like us.As we know, a lot of work in this field has been done since the early 80 s. But it is us, the parents/carers or any person who is in one way or another involved with autism who must convey the message to the public at all times. For not only is it our role to learn, understand, teach and give support to our children with Autism but also to constantly tell people about it. After all, Autistic persons are just different people. That's all. If people understand this condition, that is, that they are simply different people, a lot can be done to help them to live normal lives.Sorry for being too long. It is my first involvement in this forum and although I have been reading what Dave Angle has sent us over the last few months, it is not always the same to be participating in an open forum exchanging one’s experiences and opinions with other people who know about this world of the autistic spectrum.

[Strya]

I am a mother of two wodfernul boys ages 4 and 7. My 4 year old is always willing to adjust for his brother’s sake, no Santa Claus parade, no problem. He is simply awesome! My 7 year old was diagnosed with aspergers, tourette and ADHD, a full plate for such a sweet little guy. He has come a long way since starting school three years ago. In grade one he was at the height of his anxiety. We moved, he was starting a new school and it was French Immersion! BIG MISTAKE! Let’s add having to take a school bus for the first time oh and the icing on the cake . I was, and still am going through a nasty separation. I felt horrible and responsible for all his stress, how could I do this to my child. To make matters worse his new school did not have the resources needed and he slowly regressed. Each day was a challenge; from bribing to promising him toys and other wodfernul things to just dragging him to school, he didn’t want to go and once there he didn’t want to stay. Most days I left the school crying feeling helpless and not knowing if I was doing the right thing. The school had me picking him up 3 out of 5 days, eventually his time spent at school diminished to a measly 90 minutes a day. I took time off work for myself but more importantly to help my son who desperately needed me. I schooled him at home hoping he would be caught up the following year. My first challenge was fighting my ex to get him out of the French Immersion. No one in our family speaks French! I will never know why I went along with this idea of French Immersion. Getting him out of this class was a fight I could not win; my ex went against everything I was trying to do to help my child. I could not imagine why he would do this to our son, so I chose to believe it was out of spite for me ending the marriage. Luckily, the school intervened, broke their policy, and moved him into an English class there’s a long story I’m not getting into. As life became predictable for him he started slowly coming around. His facial expression slowly came back from the blank stare I was getting previously. The first time I heard him laugh in a very long time was the best sound ever. Eventually the school put in place an IEP and he was moved to a small class in another school and we moved to a new neighbourhood yet again. This was by far the scariest time in my life. Being a single mom means I am financial and emotionally responsible for these two little lives. I thought my future seemed uncertain at times. What has this taught me about my son? Given the right environment, he will thrive! My son now loves going to school, stays at school for the entire day and is teaching the other students to use the computer. He is engaging in school activities, social with the other children and has even had a play date with a friend from his class. Keep in mind he is 7 years old and in grade 2! My hopes for him succeeding no longer have limits. Teachers and the right environment make all the difference. My son is willing and able to learn, but it must be on his own terms. There needs to be more classes that cater to this kind of education, if it means sitting on top of the desk, or lying on the floor, learning on a computer or listening to music. Schools have to conform to children with ASD not the other way around. He is very bright and his abilities continue to shock and amaze me. Life with my ex will always be a challenge, but my kids drive me and give me so much hope. I am currently still fighting for full custody and full decision making.

[Sandeep]

My aspie daughter is now 20 years old and in her 2nd year of colgele. She wasn't diagnosed with Aspergers until she was 14 years old.She attended Kindergarten in the local public school. She suffered great anxiety, but at this time we figured she was very shy and would adapt. We moved after her Kindergarten year and put her in a private school for 1st grade. We decided to homeschool our children at that time because we were in a church with over 70 homeschooling families, a lot of support and activities for homeschoolers. Aspie daughter was home schooled for 2nd through 5th grade. During those years I kept saying to my husband that it seemed like she was autistic, but not quite. We had no knowledge of aspergers at that time. Homeschooling went very well for those 4 years. After another move to a different state, we enrolled our= children in a very prestigious religion based private school. Aspie daughter attended for 6th and 7th grade. She was bullied mercilessly. Things got so bad that in the middle of 7th grade we were told we'd have to pull her out of the school because they couldn't stop the bullying. (yes, the bullied child had to leave not the bullies). We transferred her to another private school where she was accepted by the other 22 students in her class with opened arms. They felt so bad for how she'd been treated that they bent over backwards to accept her. Unfortunately, funds ran out, so for 9th grade we enrolled her in the local public school. (Still had not received the aspergers diagnosis). It was a very large middle school. Kate had a terrible time fitting in, finding her way around the building, etc. In mid October we pulled her out and enrolled her in a cyber school where she did her school work at home over the internet. Within a few months she had become so severely depressed that we sought counseling for her. It was at this time that she was diagnosed with Aspergers. Once we had this information we were able to work with IEP's, etc. Cyber school was much better that classroom school, but we still struggled with teachers who were not familiar with Aspergers and were not willing to make accommodations as needed. So I decided to homeschool her for her last 3 school years. Homeschooling her for 10th, 11th and 12th grade was fabulous! I was able to taylor all her subjects according to her interests. As an aspie she didn't understand why she had to learn certain facts that had no meaning in her life. (do you remember Europian rulers and dictators in the 1400 s? Have you ever needed this information?). She graduated high school with honors. She enrolled in colgele and has maintained a 3.90 GPA. If I had it to do over again I would have home schooled her her entire life. I realize now it was the best way to meet her needs. As for socialization we have always been very active in church activities and large churches. She also sees a therapist for social skills training. I wish we'd gotten the aspergers diagnosis earlier in her life. She missed out on a lot of therapy that might have helped her in social situations.

[Michelle]

My 10 year old son attended plubic school for four years preschool through 2nd grade. During that time he was teased and bullied by his classmates (one in particular) on a daily basis. If the school even attempted to deal with it, they failed utterly. My son's reaction to bullying has always been the same loud, frustrated, tearful outbursts. Instead of disciplining the bully, the school constantly punished my son for his outbursts. On several occasions, teachers yelled at my son and even treated him with physical roughness they themselves becoming the bullies. These teachers had no idea how to deal with him or protect him. Instead, they placed his desk next to the teacher's to isolate him from the class (further singling him out as a bully target), and would remove him from the classroom (and from any learning) if he got loud. As with most Aspies, intellectual ability is not a problem, and as I discovered after starting home school, he loves to learn. But in plubic school, he was starting to fail. He has pretty significant attention/focus issues, and added to the constant distraction and stress from the kids around him, he rarely finished his work. By the end of second grade, he was clinically depressed, having nightmares and anxiety, and hated going to school. The following year I refused to send him back and started homeschooling him instead. I am so, so, so very grateful that I work from home and am able to homeschool my son, because I know for many it is not an option. He is learning absolutely everything I teach him, and that's because he has one-on-one attention and can take the time he needs to get through each thing without being subjected to emotional and physical abuse. He is progressing in amazing ways with his school work, and often surprises my adult friends with his detailed knowledge about complicated subjects. He is no longer depressed. However, he continues to recount the stories of bullying incidents that occurred 2 and 3 years ago with the same high level of emotion retelling about them over and over. These things are burned on his brain, forever a part of him, and something he will have to find a way to make peace with eventually.So yeah, I was pretty upset by the comments from Dr Horowitz in your email. Especially So I'm very much opposed to home schooling, that even though at times I understand, parents are so frustrated in trying to protect their kids, that that might be the instinct. But in the long run they're going to hurt them. Seriously? I'm supposed to believe that 14 years of torture and abuse and systematic destruction of his self-esteem is going to teach my child to function better in this world? A pretty pathetic world it would be then. I'd much rather my son mature into an intelligent, creative, motivated, self-confident individual who can truly use the incredible gifts he was given to contribute to society.Thanks for all you do, Dave, and for being an advocate.

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