Teaching law by design : engaging students from the syllabus to the final exam / Michael Hunter Schwartz, Dean and Professor, University of Arkansas at Little Rock, William H. Bowen School of Law, Consultant, Institute for Law and Teaching and Learning; Sophie M. Sparrow, Professor, University of New Hampshire School of Law, Consultant, Institue for Law Teaching and Learning; Gerald F. Hess, Professor Emeritus, Gonzaga University School of Law, Consultant, Institue for Law Teaching and Learning.
2017
KF272 .S37 2017 (Map It)
On loan from , due 16. May 2025
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Title
Teaching law by design : engaging students from the syllabus to the final exam / Michael Hunter Schwartz, Dean and Professor, University of Arkansas at Little Rock, William H. Bowen School of Law, Consultant, Institute for Law and Teaching and Learning; Sophie M. Sparrow, Professor, University of New Hampshire School of Law, Consultant, Institue for Law Teaching and Learning; Gerald F. Hess, Professor Emeritus, Gonzaga University School of Law, Consultant, Institue for Law Teaching and Learning.
Published
Durham, North Carolina : Carolina Academic Press, [2017]
Call Number
KF272 .S37 2017
Edition
Second edition.
ISBN
9781611637014 (pbk.)
1611637015 (pbk.)
1611637015 (pbk.)
Description
xvi, 323 pages : illustrations ; 26 cm
System Control No.
(OCoLC)959373540
Summary
"Applying the research on teaching and learning, this book guides new and experienced law teachers through the process of designing and teaching a course. The book addresses how to plan a course; design a syllabus; plan individual class sessions; engage and motivate students; use a variety of teaching techniques; assess student learning; and how to be a life- long learner as a teacher. New chapters focus on creating lasting learning, experiential learning, and troubleshooting common teaching challenges."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 307-309) and index.
Record Appears in
Table of Contents
Preface
xv
ch. 1
What It Means to Be a Teacher
3
What we know about effective learning
3
Introduction
3
Cognitive Learning Theory
3
Constructivist Learning Theory
6
Adult Learning Theory
7
Self-Regulated Learning Theory
8
What we know about effective teaching
11
Subject matter expertise
11
Respect
12
Expectations
13
Support
14
Passion
14
Preparation and organization
15
Variety
16
Active learning
17
Cooperative learning
17
Clarity
18
Formative feedback
18
ch. 2
Student Perspectives on Teaching and Learning
21
Students want to be treated with respect
22
Treat students as colleagues
22
Include different perspectives in class
22
Create a positive and welcoming environment
23
Use students' names
24
Students want to be engaged in their learning
24
Use a variety of teaching methods
25
Give students an organizational structure-provide context for learning
25
Provide ways for students to be actively involved in class
26
Make class preparation assignments reasonable and meaningful
26
Provide opportunities for students to work with others
27
Be aware of the strengths and weaknesses of the Socratic method
27
Students want to become good lawyers
28
Connect what students are learning to the practice of law
28
Be explicit-tell students what you expect
29
Give students opportunities to practice meeting expectations
29
Give students feedback on their progress
30
Allow students to show their progress in multiple ways
30
Parting shots- students' general advice to us
31
How to hear your students' perspectives
31
Checklist for considering the students' perspectives
32
ch. 3
Designing the Course
33
Introduction
33
Initiating the design process: setting course goals
34
Know your students: assessing the learners
38
Plan assessment: how will you know whether your students are learning?
39
Introduction
39
three uses of student assessment
40
Finding the book of your dreams: sifting the morass to find the right textbooks for you
41
Broad principles of textbook selection
41
Some points of textbook comparison we regard as significant
41
Converting goals to results: designing the course to increase the likelihood students will learn what you want them to learn
43
Introduction
43
Designing learning units and synthesizing those units in an overall course design
43
Writing your syllabus
49
Introduction
49
What topics should be addressed in your syllabus?
50
Tone, high expectations, communicating your attitude about student learning, giving students a role in constructing your syllabus
53
Course web page design
55
Evaluate the design and plan for the future
57
Checklist for course design process
58
ch. 4
Designing Each Class Session
59
Context
59
Course context
60
Student context
60
Teacher context
61
Class objectives
61
Learner-centered
62
Professional knowledge, skills, and values
62
Clear and concrete
64
Instructional activities
65
Opening
65
Body
66
Closing
68
Feedback
69
Materials
71
Evaluate and Revise
74
Sample class designs
75
Checklist for class design process
75
ch. 5
Student Motivation, Attitudes, and Self-Regulation
79
Introduction
79
Motivating students
80
Introduction
80
Specific techniques
81
Teaching for attitude or value change or development
85
General principles of attitude learning
86
Techniques for producing attitude change
87
Conclusion regarding motivational teaching strategies and attitude learning
89
Engaging students to become expert self-regulated learners
90
Persuasion
90
Role modeling
90
Experiencing: getting students to take their "metacognitive pulse"
91
Checklists
95
ch. 6
Teaching the Class
97
Create a positive learning environment where students feel that it is safe to take risks
98
Know and use students' names
98
Be conscious of the messages you send
99
Be enthusiastic
99
Model taking risks and acknowledging weaknesses
99
Envision yourself less as the "sage on the stage" and more of a "learning coach"
100
Be transparent
100
Be authentic
100
nuts and bolts
101
Pre-class: the ten-to-fifteen minutes before class starts
101
Openings: the first five minutes of class
102
Body-the heart of the class session
104
Active learning exercises
105
Lectures
108
Questioning techniques
109
Visuals
113
Timing
115
Closings: the last five minutes of class
117
Summarize key points
117
Give students time to consolidate their learning
118
Allow students to reflect on their learning
118
Closing modification: the very last class
118
Final notes on teaching the class
119
Checklist for teaching the class
119
ch. 7
Experiential Teaching and Learning
121
Introduction
121
Experiential exercises and methods
122
Specific examples of experiential exercises
124
1.
Current events and real-life stories
124
2.
Documents-reading and reviewing
125
3.
Documents-drafting
125
4.
Field trips
126
5.
Guest speakers
126
6.
Interviews
127
7.
Problem-solving
127
8.
Short role plays
128
9.
Simulations
129
10.
Student presentations
129
Designing experiential exercises and methods
130
Considerations for designing experiential exercises
130
1.
Focus on learning goals and objectives
131
2.
Choose the experiential methods
131
3.
Design the overall structure
131
4.
Find relevant and significant material
132
5.
Provide clear goals, directions, and expectations
132
6.
Identify what you have to do to adequately prepare for the exercise
133
7.
Identify what students have to do to adequately prepare for the exercise
133
8.
Determine what feedback students will receive
133
9.
Determine whether students will reflect upon the exercise
134
10.
Reflect and self-assess the experience
134
ch. 8
Deep, Lasting Learning
137
What is exceptional, significant, lasting learning?
137
Exceptional learning in legal education
138
Lasting learning in legal education
139
How can teachers foster deep, lasting learning for students?
140
Choose learning objectives that address significant, lasting learning
141
Create a challenging, supportive, collaborative teaching and learning environment
143
Engage students in rich, textured learning activities
147
Incorporate frequent formative feedback
150
ch. 9
Assessing Student Learning
155
Introduction
155
Assessment Cycle
155
Assessing students to improve their learning during the course
156
Step one: Identify what you want to assess-learning goals and objectives
157
Step two: Prepare and administer assessment instrument
158
Step three: Give feedback to students
162
Step four: Use assessment to improve teaching and course design
168
Assessing students to improve your teaching-using classroom assessment techniques
169
Specific classroom assessment techniques
170
Minute papers
170
Student surveys
172
Analysis charts
173
Evaluating students to assign grades
174
Use multiple assessments
175
Writing test questions and directions
175
Determine how much time to allow
176
Giving take-home assignments
176
Content
176
Use a variety of assessments
177
Evaluate fairly
177
Provide students with grading criteria in advance
177
Provide students with opportunities to practice meeting criteria before they are graded
178
Use explicit criteria to ensure consistent grading
178
Show students how their work met grading criteria- make the grading process also a learning process
179
Talking to students about grades
179
Designing rubrics and grading assignments
180
Checklist for assessing student learning
182
ch. 10
Troubleshooting
185
Challenge 1
Coverage vs. Active Learning
185
challenge
185
Addressing the challenge
185
Challenge 2
Laptops in the Classroom
186
challenge
186
Addressing the challenge
186
Challenge 3
Unprepared or Unmotivated Students
187
challenge
187
Addressing the challenge
187
Challenge 4
Disrespectful Students
188
challenge
188
Addressing the challenge
188
Challenge 5
Teaching and Grading Professionalism or Professional Identity
190
challenge
190
Addressing the challenge
190
Challenge 6
Getting Lackluster or Poor Student Evaluations
191
challenge
191
Addressing the challenge
192
Challenge 7
Widespread Poor Student Performance on Final Papers or the Final Exam
193
challenge
193
Addressing the challenge
194
Challenge 8
Doing Multiple Assessments without Killing Yourself
195
challenge
195
Addressing the challenge
195
Challenge 9
Addressing Controversial Topics in Class
196
challenge
196
Addressing the challenge
196
Challenge 10
Being Asked a Question That You Are Unable to Answer in the Moment or Making a Mistake in Class
198
challenge
198
Addressing the challenge
198
Challenge 11
Students Do Not Read: (1) the Instructions on Exams (2) Assignment Instructions, (3) Emails, or (4) the Syllabus
199
challenge
199
Addressing the challenge
199
Conclusion: Common Themes
200
ch. 11
Developing as a Teacher
201
Sustaining a teaching practice
201
Instructional awareness
202
Formative feedback
202
Pedagogical knowledge
203
Implementation
203
Assessment
203
Types of teaching development activities
203
Self-Assessment, reflection, and study
204
Benefits of reflective practice
205
Self-Assessment
205
Teaching portfolio
205
Teaching journal
206
Print and electronic resources
208
Formative feedback from students
208
Student evaluations
208
Feedback from students during the course
209
Collaborating with colleagues
212
Discussions with colleagues
212
Peer observations and feedback
213
Small group instructional diagnosis
214
Consultants
215
Individual coaching
215
Videotape
216
Teaching workshops and conferences
217
Fostering a culture of teaching
217
Criteria for appointment, tenure, and promotion
218
Separation between development and evaluation
218
Administrative support
218
Faculty leadership and motivation
219
Institutional reward structure
220
Community, collegiality, and collaboration
220
Scholarship redefined
221
Continuous process
221
Appendices
223
Appendix 3-1: Course Goals
224
Course Goals for Civil Procedure I Course
224
Course Goals for Torts Class
225
Appendix 3-2: Lesson Objectives
227
Objectives for a Lesson on Express Conditions
227
Appendix 3-3: Syllabi
228
Torts Syllabus
228
Environmental Law Syllabus
234
Appendix 4-1: Charts, Tables, and Diagrams
239
Dismissal under FRCP 41 Chart
239
Chart Depicting Restitution in the Context of a Contracts Course
240
Common Contract Terms Chart
241
Personal Jurisdiction Analytical Framework
242
Partially Completed Graphic Organizer Synthesizing Contract Interpretation Principles
243
Appendix 5-1: Role Plays
244
Civil Procedure I Oral Argument Role Play
244
Oral Argument Problem
245
Client Counseling and Insurance Policy Analysis Exercise
247
Example Sections of a Client Letter
251
Environmental Law Role Play-Philosophical Perspectives
253
Appendix 5-2: Experiential Professionalism Instruction
254
Lucy Lockett Professionalism Problem
254
Handout for Small Group Public Service Experiential Learning Exercise
256
Professionalism/Values Exercise Arising Out of a Class Incident
257
Identifying Criteria for Successful and Positive Interactions with Classmates
258
Appendix 5-3: Time Management/Self-Monitoring Log
259
Appendix 5-4: Post-Assessment Reflection Exercises
260
General Post-Assessment Reflection Exercise
260
Cognitive Protocol
263
Appendix 6-1: Discovery Sequence Exercises
264
Duty to Disclose Discovery Sequence Exercise
264
Binding vs. Persuasive Authority Discovery Sequence Exercise
267
Appendix 7-1: Field Trip Reflective Paper-Criminal Court Observation
268
Appendix 7-2: Lawyer Interview
269
Appendix 7-3: Defective Product Exercise
270
Appendix 7-4: Client Interview and Demand Letter
272
Appendix 8-1: Definition of Exceptional Learning
273
Appendix 8-2: Public Comment Assignments and Classes
274
Appendix 9-1: Assessment Instruments
276
Peer Feedback Formative Assessment Exercise
276
Midterm/Peer Feedback, Reflection Assessment
278
Guidelines for Phase III: Reflection
281
International Environmental Law Quiz
284
Civil Procedure-Reflections on Civil Litigation
286
Appendix 9-2: Rubrics
288
Torts Rubric
288
Rubric/Scoring Sheet
289
Remedies Peer Review Rubric
291
Client Letter Rubric
292
Clinical Rubric-Performance Competencies
294
Professionalism Rubric
297
Reflective Paper/Journal Rubric
298
Appendix 11-1: Principles for Enhancing Student Learning-Faculty Inventory
300
Appendix 11-2: Reflection Prompts
304
Selected Resources - Books, Articles, Newsletters, Videos, and Websites
307
Books
307
Articles and Book Chapters
307
Videos
309
Institute for Law Teaching and Learning Website-http://lawteaching.org
309
Index
311