On Testing Legal Skills

Since we’re all in the middle of finals right now, I thought I would share a quick problem, an incongruous message, that’s been bothering me.

Raise your hand if you’ve heard a law professor say something like, “No matter how well you think you know the rule, read it again every time you need to use it.” Almost all of you. Now keep it up if you’ve heard this from more than one professor. Still almost all of you. I agree that this is very good advice; rules change, subtleties escape us on first readings, and sometimes our memory is just wrong.

Now, raise your hand if you’ve heard a law professor explain a test like, “Although this is open book, you won’t have time to look up the rules. You need to know them very well yourself and just use the materials for the few you don’t know.” That’s almost the very definition of how an open-book exam is usually structured.

I’m not really sure the two are compatible.

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What’s New in the Classroom: Legal Research in the Real World

The Advanced Legal Research courses at Marquette have a “real world” focus.  For my part, I have tried to select research problems for final projects and assignments that place students in real world practice situations. 

To the extent that I can, I avoid the “hunt and find” type research problems for which there is one right answer hidden somewhere.  The legal issues the students have to research sometimes, but do not always, have a straightforward answer. 

In the “real world,” legal research and legal writing go hand in hand.  Thus, in addition to their research plan and research log, the students must then submit a written product such as a letter or a memo summarizing their research results for a supervising attorney, a judge, a client, etc.  

This past semester I added a more detailed cost-effective research component than I had in the past.  In some of their research assignments students only had limited Lexis/Westlaw packages (like Westlaw PRO).  In order to completely and accurately respond to the research problem, the students had to come up with a cost-effective research strategy that involved using only a subsection of their current academic Lexis or Westlaw subscription in conjunction with the print materials in the library and the freely available online legal resources like PreCYdent, GPO Access, Thomas and the Cornell Legal Information Institute that we discussed in class.  The student response to my focus on the free legal research options has been largely positive.

This coming semester I plan to deliver research assignments in the variety of different formats students will encounter in practice.  This includes the delivery of research assignments through a larger case file, brief email messages that require further questions for clarification, longer written memos, and spoken conversations.  I look forward to the feedback I will get from my students after next semester.

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On Being a Married, Commuting, Home-Owning, Child-Rearing, Second-Career Law Student

Item the first – A heartfelt “thank you” to Professor O’Hear for inviting me to be December’s student blogger.

Item the second – Can I pick my own headshot? I have this great one of me in my Halloween costume as Sweeney Todd.

Item the third – On to business! When I was asked to blog, the first thought in my mind could not have been more clichéd: “What can I write about?” In response, my mind supplied an almost equally clichéd answer: “Write what you know.” So I thought about what makes me unique as a law student, and very quickly had an answer.

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