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					Learning Science Meets the Socratic
  Method: Transforming Teaching
   Strategies In the Law School
             Classroom
         Steven I. Friedland
          February 8, 2013
        University of Louisville
• This session explores how outcome-based,
  threshold and other learning strategies have
  offered fresh perspectives to more than a
  century of deep-rooted Socratic instruction.
  Moving from a linear educational approach to
  various methods that embrace mobility in
  learning, the session illustrates how the
  classroom experience can be enhanced across
  the disciplines. Collaborative exercises and
  discussions will be used to create connections
  and engagement.
                    Goals
• 1. Create a dialogue

• 2. Create some take-aways
 Traditional Legal Education Narrative
• Socratic Method - “Thinking Like a Lawyer”

• Appellate Case Reports/ Coverage of Material

• Linearity

• Abstraction and Separation – course buckets,
  teacher “silos”
    The Traditional Legal Education
             Architecture
• The spotlight?

• The context?

• The assessment?
          Problem: Disconnects
• Teaching --- Learning: identity or dichotomy?

• What do we teach?
  – Substance-Processes-Skills-Values

• Lawyering relationships?
  – Lawyer-client; lawyer-witness; lawyer-judge; lawyer-
    jury

• Feedback and tacit understandings?
     Response: Reconceptualize the
               Narrative
• “Education is not the filling of a pail, but the
  lighting of a fire.” ---- William Butler Yeats

• Mental Zumba, Mental Aerobics

• Google Introductions

• Days of the Week?
Response: Use the Science of Learning
• Why?

• More effective,
• better process,
• more adaptive to reality

• Focuses the Salient Question: What are
  students learning because of us?
 Major Premise #1: People Learn
          Differently

– “Learning results from what the student does and
  thinks…The teacher can advance learning only by
  influencing what the student does to learn.”

   • -- Herbert A. Simon, Nobel Laureate in cognitive sci.
     Fixed and Mobile Learners
• Sub-Premise: There are generational
  differences in learners

• “Born Digital,” Gamers

• Youtube; Facebook; Instagram
   Global and Sequential Learners
• Sub-Premise: Learners have preferences for
  global or sequential learning

• Global: [Forest] Course-Area-Rule

• Sequential: [Trees] Elements of rules and their
  meanings
    Auditory, Visual and Kinesthetic
                Learners
• Sub-Premise: Learners have auditory, visual or
  kinesthetic preferences

• Auditory

• Visual

• Kinesthetic
          Threshold Learners
• Sub-Premise: Some learners need to spend
  time with concepts before understanding
  them.

• Meaning – once through is not enough. Need
  repetition to move up to the next plateau.
     Expert and Novice Learners
• Sub-Premise: Experts learn differently than
  novices

• Experts - Chunk knowledge

• The world of tacit understandings
  – Elon study – read this piece on philosophy, with
    introduction
 Major Premise #2: Outcomes Matter

• “What we measure affects what we do” – Joseph
  Stiglitz

• Jobs and competencies


• Proposed ABA Standard 302: Learning Outcomes
• Current Standard 302: Curriculum
         Promoting Outcomes
• Sub-Premise: Feedback Matters

•     --Diagnostic, Formative and Summative
•
•     --Constructive, Prompt, and Clear
          Promoting Outcomes
• Sub-Premise: Engaged education promotes
  better outcomes

• Features: Active, Challenging, Collaborative,
  Deliverables, Self-regulated, experiential (big
  context)


• Piano Lessons -- Functional outcomes and
  competencies
         Types of Assessment

• Self-Assessment – performance-tracking,
  Individual development plans, rubrics, review
  exams

• Other-Assessment – non-graded quizzes;
  discussion posts, create hypos
     Rubrics – Measuring Devices
• 1. Reach Mastery in topic

• 2. Attain competency in topic

• 3. Develop skills in topic

• 4. Be exposed to topic
     Applying these Premises In the
               Classroom
• App #1: Class Scaffolding – initial problem,
  then rule analysis, then more problems

• App #2: All writes

• App #3: Collaboration -- Small groups/
  students write on board
        Additional Applications
• App #4: Visuals – photos of case, Youtube
  videos

• App #5: Engagement – deliverables. Role-
  playing, Developing inquiry and advocacy
  questions

• App #6: Formative Feedback - Non-graded
  Quiz, edit a response, rewrite an answer
Kelo v. City of New London, 545 US.
              469 (2005)
         Outside the Classroom
• App #1: Pod Casts

• App #2: Discussion thread Web posts

• App #3: Deliverables – Go find an easement;
  attend a criminal proceeding in court, take a field
  trip to the jail

• App #4: Create and post hypo based on real case.
  Write rule statement paragraph.
        Curricular Applications
• 1. Modules
• self-contained specialized units
• 2. Transition classes
• 3. Wraparound classes
 Additional Curricular Applications
• 4. Capstones
• 5. Varying delivery formats
• scale-up studio teaching
• synchronous
• asynchronous
               A New Age?
• Are we in the beginning of a new age of
  education, where learning science permeates
  all aspects of a law school course?
Ancient Egyptian 3,050 BC - 900BC
Classical (850 BC – 476 AD)
Renaissance (1400 - 1600 AD)
• ???????



• THE END OF AN ERA….or the BEGINNING?

				
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