Legal Writing: Connecting IRAC, syllogisms and analogies for LLM students

This past week for the frist time I did a full unit of syllogism and analogy activities with my legal writing students to prepare them for the concepts and language of IRAC-style writing. And it not only went very well–it also taught me something new.

Previously, I had taught the concept of IRAC (Issue, Rule, Analysis/Application, Conclusion) first and then had the students work on it through the Jogger/Banana Peel question. This question is the vehicle through which I have been teaching students IRAC-style discourse as well as the written language of that discourse. It involves a jogger who throws a banana peel on the beach after passing a sign that indicates a fine for “littering.” A police officer sees this and has to decide whether to issue a ticket, remembering that her supervisor did give a ticket to someone who threw a candy bar wrapper on the ground but did not give a ticket to someone who poured coffee on the ground.

In my approach, the students come to understand the IRAC concepts and signal words, but they still struggled in many ways with the underlying style of argument expected. For example, they would see the exercise as a simple application of a rule. The jogger littered; there’s a rule against littering; hence, the jogger should get a ticket. To not give a ticket would be to undermine rule of law and all that is good in our society, etc. Or, if they focus on the coffee and the candy bar wrapper, they make conclusory statements without really explaining or showing how those ideas connect. (Or rather, they don’t do it in a way that meets expectations for our writer-responsible writing culture.) Continue reading

Presenting at Southeastern Association of Law Schools Conference on Tues 8/1

On Tuesday, August 1 at 10:15 a.m. I will have the honor of being part of a panel discussion at the Southeastern Association of Law Schools (SEALS) Conference. The panel, organized by Kirsten Schaetzel of Emory Law school, is titled “International Learners and Legal Writers: Pitfalls and Promising Practices” and also includes Marta Baffy of the Georgetown University Law Center and Catherine Schenker of American University, Washington College of Law

I will be speaking specifically about ideas and approaches for teaching IRAC (Issue Rule Application Conclusion) discourse to non-native English speaking LLM students in ways that incorporate ESL concepts and pedagogy. 

This is my first time attending SEALS and needless to say I am very excited amd looking forward to it as well as the chance to interact with and learn from colleagues at other law schools. 

Here is a full description of the panel:

At many law schools today, the number of international students is increasing. These students come from different legal and educational systems and may have trouble understanding and learning the conventions of American legal discourse. This panel, composed of legal writing and English as a Second Language specialists from various law schools, examines areas in legal writing that may be troublesome for non-native English students. Beginning with an overview of cultural differences in writing conventions and expectations, panelists present how they teach different aspects of American legal writing. Panelists cover teaching summaries of legal rules and their various sources of law; IRAC discourse organization and answering essay exam questions; and understanding fact-pattern exercises and responding to them. 

If you happen to be attending, then hopefully we will see each other. Stay tuned for a post conference report. 

Bar Exam Language Support Course: Things we learned

Professor Kathryn Piper and I just finished the Bar Exam Language Support (BELS) course this past week and we wanted to share a few takeaways and things we learned given that this is a new course and, we believe, the first ever bar prep course at a law school that incorporates language learning pedagogy and perspective.

  1. Working with familiar topics: By using bar exam prep questions that the students had already studied and written answers for in a separate bar preparation course, we cleared away most of the obstacle that is background knowledge. This meant that we had the luxury of being able to truly focus on helping them with their writing. If we had used unfamiliar questions, and they in turn wrote poor answers due to lack of comprehension of the question or topic, or inability to remember the rule, then we would not have been evaluating their writing, but rather their knowledge or their comprehension. And it would have meant that we would have spent time teaching the relevant bar exam topic rather than working on writing. Working with familiar topics to enable a better focus on writing opened the door to identify and work on the actual writing issues faced by our non-native English speaking students (NNES).
  2. Speed is king: By the end of the first day of class, discussion of the bar exam writing process with our students made clear to us that speed and language processing were the biggest challenges for our students, all of whom were NNES. The speed issue manifests itself Continue reading

Noticing: A subtle yet powerful tool for teaching LL.M. students

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“Didja ever notice…?”

Just like with self-improvement, you can’t change something about yourself unless you first notice and are aware of it. The same is true for learning language skills as well as skills for law school.

Law school is notoriously sink-or-swim. And the teaching approach tends to be very top-down with students expected to intuitively know how to absorb, analyze, and synthesize large amounts of information and then figure out how to present it in ways that match professors’ expectations.

This carries over into teaching international students who need language support.
They are frequently asked to do things like read cases, write case briefs and IRAC memos, and understand and recognize plagiarism. We ask them to take notes, summarize, paraphrase. But we don’t always recognize that these are in many ways actually vaguely defined tasks.
Continue reading