Professor Kayalyn Marafioti, a former Restructuring Partner at Skadden Arps who has a Certificate in TESOL from The New School and teaches the Reading Legal Texts course in the St. John’s Law Advanced Legal English Certificate Program (aka ALDA), recently brought her students to sit in on a Contracts class in the law school. This is something Prof. Marafioti or I have done each year with the ALDA Certificate students in connection with the Lefkowitz v. Great Minneapolis Surplus Store case, which serves as the basis for the Reading Legal Texts course.
The idea is that, after digging into and deconstructing Lefkowitz from various angles in order to learn to read, brief, and discuss cases, students get a chance to sit in on a large Contracts class on the day that Lefkowitz is actually discussed in order to see, hear, and feel what they need to be able to do with these cases that they read.
In the wake of this year’s “field trip” to Contracts class and subsequent debriefing with her Advanced Legal English Certificate students, here are the Top Ten Takeaways that Prof. Marafioti reported based on her student’s reactions:
On Friday, April 12 I attended (and presented at) a really wonderful Academic Support Professionals (ASP) workshop at New York Law School organized by Kris Franklin of NYLS and Rebecca Flanigan of UMass Law School. It’s the second year in a row that I’ve attended, and I continue to appreciate and learn from this extremely knowledgeable and supportive community.
Prior to attending last year’s workshop, I had always viewed myself as a “legal English” specialist. But now I’ve come to view legal English as a subset of academic support, and I’ve come to view myself as an academic support professional for LLM and non-native English speaking students, where language support is the primary–but not only–need for aiding success in law school.
I presented on the topic of “1.5 Gen. Students and “Sound Right” vs. Read-Right Grammar Strategies.” I talked about (1) the concept of 1.5 generation students; (2) using read-aloud strategies to improve students’ use of articles, prepositions, and -s endings in student writing; and (3) ways for students to use the iWeb Corpus as a proxy for what “sounds right” to help students figure out on their own if they’re using the right word or using a given word correctly.
But what was most interesting to me was the range of topics and perspectives and experiences shared by all the participants from all the different law schools. Here’s a link to a summary on the Law School Academic Support Blog of all the presentations at the NY ASP Workshop:
Myra Orlen was kind enough to put together a recap of the NY ASP workshop. Her report is below. Kudos to Kris Franklin of the NYLS and Rebecca Flanagan of UMass Law School for organizing a wonderful workshop at NYLS…(Click here to read the full post on the Law School Academic Support Blog.)
My mandate and jurisdiction, since I started at St. John’s Law School in the summer of 2014, has been to work with the LLM students, i.e., the non-native English speakers. And over that time my role has evolved from being a “legal English” teacher to becoming an academic support professional whose students’ primary (but not only) support need is language-related.
However, more and more I find myself coming in contact with non-native English speakers in the JD student body. Some are international students who applied directly to the JD program, either after graduating from a university in their home country or perhaps first attending a university in the US. Some are LLM-to-JD transfer students who started out as international students in the LLM program and subsequently transferred to the JD program after completing their LLM degree. And some are 1.5 generation students.
According to the Stanford University Teaching/Writing website, “generation 1.5 refers to students who are U.S. residents or citizens but whose first or home language was not English, although for some of these students, English does in fact function as their primary language.”
As a result, I have been trying to think of ways to provide language-related support for these students. But they’re in a tricky position. As non-native English speakers, they lack an intuitive sense of what sounds right. Grammar and punctuation issues aren’t just a matter of cleaning up sloppy usage for them. So in their writing, they may be penalized for language/grammar issues in their papers, yet school policies limit their ability to get outside help on a graded assignment to ensure that all work turned in is that of the students. Continue reading →
I’m very excited that in the past year the American Law: Discourse & Analysis (ALDA) Program (semester-long law courses taught with language support) has welcomed three new legal English professors to our teaching team, all having a unique combination of both large law firm practice experience and ESL teaching experience.
Prof. Daniel Edelson; former associate at Katten Muchin Rosenman LLP and Baker McKenzie (Business Litigation & Securities Fraud)
Prof. Anne Himes; former partner at Milbank, Tweed, Hadley & McCloy LLP (Corporate Transactions)
Prof. Kayalyn Marafioti; former partner at Skadden, Arps, Slate, Meagher & Flom LLP (Corporate Restructuring)
Below are bios for each:
Professor Edelson is an Adjunct Professor of Law at St. John’s Law School and an attorney admitted to practice in New York and New Jersey. For several years he was associated with two international law firms in New York City where he specialized in business litigation and securities fraud. In 2012 Daniel moved to Seoul, South Korea to teach U.S. law. In addition to having his own law practice, he also tutors first year law students (1Ls), LLM students, and bar candidates. He is also the creator of numerous short, animated video explanations of legal topics on his website USLawEssentials.com. Prior to becoming an attorney Daniel lived in Japan where, among other things, he taught English as a Second Language.
Professor Himes holds a certificate in English language teaching from The New School in New York. She has a J.D. from Columbia Law School and an M.A. and B.A. in German from the University of North Carolina; as an undergraduate, she studied at Heidelberg University in Germany for one year. Professor Himes is a former partner at the Wall Street law firm Milbank, Tweed, Hadley & McCloy; a member of the corporate department, she specialized in private corporate debt financings. She has also worked as in-house legal counsel to a New York single family office.
Professor Marafioti earned a J.D. from New York University School of Law, where she served as Note and Comment editor of the NYU Journal of International Law and Politics, and an A.B. cum laude from Harvard University, where she studied history and literature. After graduating from NYU she practiced law in New York City for more than three decades. For most of that time she was a partner in the corporate restructuring department of Skadden, Arps, Slate, Meagher & Flom LLP, a global law firm, where she regularly worked on cross-border transactions with lawyers from all over the world. Following her retirement from Skadden, she earned a certificate in teaching English language from The New School in New York. She is a Fellow in the American College of Bankruptcy.