RIP, Useless Dicta

by John on April 14, 2010

in Law School

Useless Dicta, one of the best law bloggers and someone who has been at it since 2006, hadn’t posted since February. Her last post described the troubles moving around after she injured her knee in a skiing accident.

The night after that post, according to a comment on her blog, Useless passed away unexpectedly from a pulmonary embolism caused by a blood clot that formed as a part of that injury.

Useless was just starting out as an attorney. In stark contrast to the dire news and bad attitudes among law students and law school graduates, Useless appeared to have been doing what she loved in a place she had grown to call home.

Useless’s talent was capturing the craziness of law school, how all the hard work and stress are the causes of some of law school’s greatest adventures, not barriers to them. She will certainly be missed.

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Laptop Battle Hits the Mainstream

by John on March 29, 2010

in Law School

For a few years now, the battle over laptops in classrooms has largely been fought in law school meetings and on legal blogs. Now a couple articles are bring the fight to the mainstream.

First there’s a Washington post article profiling Georgetown Law professor David Cole, who has banned laptops in his classroom since 2006. Cole mentions the biggest problem with technology in the classroom:

“This is like putting on every student’s desk, when you walk into class, five different magazines, several television shows, some shopping opportunities and a phone, and saying, ‘Look, if your mind wanders, feel free to pick any of these up and go with it,’”

Second, Maureen Howard, writing for the Huffington Post, takes a slightly different approach to laptops in the classroom. Howard sees them as a threat to teaching students professional behavior:

Allowing students to surf the internet unrelated to class work hamstrings their ability to learn both substantive information and professional behavior needed for a smooth and successful transition into the post-graduation workforce. How well-received would a recently-graduated, newly-hired entry-level management trainee be if she started surfing eBay for Prada shoes in the middle of a monthly department meeting, no matter how boring the meeting?

Howard’s point is made much more succinctly by Michael Lopp on his weblog Rands in Repose, talking about meetings rather than classes:

The problem is that everyone attending this laptop-laden clusterfuck is subconsciously hearing “Hey, in this meeting, it’s A-OK to waste people’s time.” My question is: “When is it ever ok to waste people’s time?”

Both articles mention the common student response to claims that laptops should be evicted from classrooms. It’s the professors job to engage students enough to keep them interested, and now that means competing with an expanded and updated list of potential distractions.

The biggest problem with the “remove laptops” argument is that it often confounds laptops with the internet. A laptop computer not connected to the Web has only a very limited number of distractions, namely solitaire. And yet, a laptop not connected to the internet loses almost none of its powers to enhance productivity and enable learning.

Before taking away a technological affordance that might be helping students, professors should start by attacking just the root cause of the problem. Ban the wireless internet first and see if the situation improves before taking away the laptops entirely.

There are arguments for getting rid of laptops entirely, and another professor touches on one of them:

Even when used as glorified typewriters, laptops can turn students into witless stenographers, typing a lecture verbatim without listening or understanding. “The breaking point for me was when I asked a student to comment on an issue, and he said, ‘Wait a minute, I want to open my computer,’ ” said David Goldfrank, a Georgetown history professor. “And I told him, ‘I don’t want to know what’s in your computer. I want to know what’s in your head.’ “

I had a professor in law school who said the same thing, referring to a student’s laptop as their “box” and saying he wanted to know what they thought, not what was in the box.

I’ll also add another legitimate argument for banning laptops, connected or not. When laptop screens go up, they create a physical and psychological barrier to classroom engagement. It becomes much easier for a student to hunch down in their chair and attempt to hide from the professor with a 13″ wall in front of them.

The problem with both arguments is that they will be raised by all professors, when relatively few can claim they aren’t part of the problem. A professor who stands behind a podium and lectures for 90 minutes straight cannot claim that students should listening and questioning her ideas, nor can he claim that students should not be creating these barriers in the classroom when she herself is standing behind the biggest barrier of all.

Even if disabling wireless doesn’t work, banning laptops is not necessarily the next step. Howard’s point that laptops need to go in order to teach professional conduct and accountability makes as little sense as saying people should learn how to use chainsaws without touching a chainsaw because they’re too dangerous.

I agree that a professor, as the authority figure, should not be expected to entertain. But if a professor believes they are teaching professional accountability, then there need to be consequences. If someone is using their laptop to ignore the lecture, remove the offender. The offender in this case is the person, not the laptop.

But more importantly, teach classes in a way that makes it impossible to pass without coming and paying attention. Professors should not be pressured to pass students who don’t show up or who screw around on their laptops during class. If your class is that important, invest the time to craft lesson plans and exams or assignments that reward students for listening to your instruction.

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Student Loan Reform: Yes We Can

by John on March 22, 2010

in Law School

Hidden away inside of the Heath Care Reform reconciliation bill is another major reform. While it’s raised some opposition among Republicans who site is as another liberal entitlement program, it will hopefully be a big win for students and efficiency.

Like health care reform, student loan reform is another example of President Obama following through on a measure that the Clinton administration couldn’t quite get done. The student loan industry as we know dates back to 1959 and the National Defense Education Act. In those days, the government gave money to schools, who lent it to their students.

In 1965, the governments role changed from actually providing the money to simply guaranteeing student loans made by banks, allowing them to be made at a lower, federal rate. Over the next 40+ years, a giant student loan industry built up surrounding these loans, leading to the situation we have today where banks make loans and collatoralize them, selling bundles of the loans to Sallie Mae just like banks sold bundles of mortgages.

In 1993, Clinton tried to turn back the clock:

In 1993, newly elected President Bill Clinton signed a law gradually replacing private student loan guarantees with direct government lending in order to save money. But not long after, Congress halted the phase-out of private-loan guarantees and let the private lenders compete with the direct-loan program (much as proponents of a public option favor letting private insurers compete with a government health insurer).

So Clinton never really got it done. The result was the mess we’ve had in the student loan industry for the past 15 years:

For the next decade and a half, the private lenders were winning, mainly because Sallie Mae leveraged its profits from guaranteed student loans by romancing members of Congress for more favorable terms—i.e., more costly to the taxpayer—while romancing college financial aid officers for more business. But after the credit markets went haywire in 2008, banks fled the program in droves, and schools started steering students to more cost-efficient direct loans, creating a perfect opportunity for President Barack Obama to propose ditching student loan guarantees altogether.

Now mercifully, Congress has ditched many of the middle men in the student loan business. Banks will now only make the more expensive private student loans, while the government takes care of loans tied to a federally guaranteed rate. Hopefully this leads to lower rates and simpler administration, as the government is no longer backing two competing loan programs, one of which (private loans) had much better lobbyist.

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February Bar Exam Starts

by John on February 23, 2010

in Bar Exam

Good luck to everyone taking the bar exam over the next few days. Hopefully it will be a happy conclusion to a lot of hard work over the last 3+ years.

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Law School Pays To Name Something, Film at 11

February 22, 2010

While I will be standing right next to Above the Law when it comes time for the revolution that will start cutting down the number of law schools, I try to stay away from banging on individual schools. In a competitive, free market economy, new schools must come and innovate to push the industry forward. [...]

Live-Fire

February 20, 2010

One thing that throws just how contrived law school can be into sharp relief is when a law student sees real lawyering in action. That’s what happened to Jansen: Unlike the raging husband, the Moot Court clients aren’t standing next to me. There’s no sobbing wife, angry mother, or threat of jail time. The lack [...]

Conversion Doesn’t Always Mean Stealing

February 17, 2010

Adam Vella over at Legal Geekery has two informative posts about taking your textbooks from 1000-page back breaking behemoths to weightless, useful digital copies, then to books that read themselves. Digitizing your textbooks is a process of cutting off the bindings and scanning the pages in. Adam’s tips are all dead on and highlight the [...]

Walk Away With Your Head Held High

February 11, 2010

I would really like to see the rates of voluntary attrition at law schools. It’s hard to get a gauge based on anecdotal evidence. On the one hand, reading law student blogs and listening to law students, you would think everyone was one bad day away from quitting. On the other hand, law students don’t [...]