CELL Blog | Center for Engaged Learning in the Law

Monday, February 25, 2008, 06:06 PM –
Posted by Michael Hunter Schwartz

Law professors often say their goal is to produce lifelong, reflective, “self-regulated” learners. And I had a friend, who used to be in charge of training associates for the now-defunct Brobeck law firm who used to say that he wished law schools would produce the kinds of lawyers who “know when they don’t know.” I have always assumed that he figured this skill set would help the law firm save on malpractice claims . . .

But, what do these terms mean? And how do we help our students become such learners? My next two entries will focus on training law students to be expert, self-regulated learners. In this entry, I will describe the characteristics of expert self-regulated learners and provide some evidence that law students can be so trained. In my entry next week, I will discuss what law professors can do to help their students develop these skills.

The Qualities of Expert, Self-Regulated Learners

The experts assert that teachers know expert self-regulated learners when they see them. According to these scholars, an expert, self-regulated learner has the following qualities:

— They are in control of their learning process;
— They understand that failure and struggle are a part of the
learning process for any challenging skill;
— They seek help when they need it and give help when they can;
— They seek opportunities for practice and feedback (whereas
novice self-regulated learners avoid practice and feedback);
— They are problem finders and problem solvers;
— They are constantly reflecting on their learning process both
while it’s ongoing (so they can adapt on the fly) and after
it’s over (to look for ways to learn better on the next,
similar task);
— They focus on mastery, rather than grades;
— They are planful– assessing each learning task and deciding
the best strategies for accomplishing the task; and
— Self-aware, knowing their preferred learning style, knowing
where they best study, and knowing when and for how long to
take study breaks to maximize their focus.

Do you have any students who have many of these qualities or are you such a student?

The experts view self-regulated learning as a cycle consisting of three phases. The first phase is a planning phase in which students assess the learning task, set mastery learning goals and decide upon a set of strategies for accomplishing their goal. The middle phase involves implementing these strategies. The key to success in this phase is called “self-monitoring.” Expert, self-regulated learners constantly self-monitor to determine whether they understand what they are studying and whether they are mentally focusing on the task. If you have ever read something for an hour only to discover that you recall little of what you just read, you know what I mean about the importance of self-monitoring for focused attention. In the final phase, expert learners reflect on the just-completed process. They take in whatever feedback they can get, attributing successes to personal qualities, persistence and strategy choice and failures to insufficient persistence or erroneous strategy choice. most importantly, they plan how they will learn better in the future.

Evidence of the Effectiveness of Training Students to Self-Regulate

Both the University of Michigan and the University of Texas (as well as a large number of community colleges) have successfully created such curricula. My own experiences in creating such curricula at three different law schools are consistent. At one law school, academic attrition went from 18.5% to 6%. At another, attrition went down by 50%. In a study I conducted several years ago, students in an experimental group of students trained to be self-regulated learners, who had weaker entrance credentials (in terms of LSAT scores and in terms of self-regulated learning skills) than a control group of students, not only became more effective at self-regulating their learning, but also achieved higher first year grades.

What makes a textbook preeminent in its field?

So far, I’ve used two “preeminent” textbooks, and while I have no idea what that word means to the mysterious committee of trained professionals wielding the power of the Stamp of Preeminence, I can tell you what the word means based on my own experience. Based solely on the two preeminent texts I have been assigned, I have formulated the following 10 criteria for achieving preeminent status:

1. The book must be written either by your professor, by the good friends of your professor, or by the former professors of your professor
2. The book must exceed 1,200 pages
3. At least 750 of those 1,200 pages must be law review articles placed specifically to confuse, rather than explain, the given subject (but that’s okay because the articles were written by the same category of chaps listed in #1, supra)
4. The book must cost no less than (US) $300. Used. (couldn’t find a currency translator, but I’m told $300 is a LOT of ngwee)
5. The book must have a new edition each year making it utterly impossible to use/purchase a used one
6. The book must be hardbound with a blue cover
7. The book must have at least four authors
8. The book must be light on case law and heavy on pages containing naught but sentences ending in question marks while failing utterly to provide any means by which to answer said queries (begging the question: if I could answer the questions, would I really need the course..?)
9. The book must be infinitely and preferably replaceable by the preeminent supplement which, if used instead of said text, will actually get you a better exam grade (…um…or so I’m told…)
10. The book must provide better use as all/any of the following: a yoga block; a paperweight; a giant coaster (suitable for parties); and/or a good bit of kindling for the fire (toasty!).

OK, how close was I to the real criteria??

Interestingly, of the 4 dictionaries sitting on my desk, neither Black’s Law nor Black’s Law Pocket Edition nor even the Official Scrabble Player’s Dictionary define “preeminence.” I had to resort to my $1.99 Webster’s New Pocket Dictionary to find that, in its view, “preeminence” means “outstanding.” (HA! HA, I say! What bloody rubbish!) However, this same dictionary defines “outstanding” merely as “prominent.” And on that basis, I suppose I understand how my books achieved their revered status. I mean, the things weigh a combined 40lbs and could easily double as body armor in most armed-combat situations, so they’re definitely “prominent.” So if that’s the standard, then I can see how they’ve achieved it.

But this is all just my analysis of “preeminence” as applied to legal textbooks. I’m curious if any members of the reading audience are on the mysterious committee charged with wielding the Stamp of Preeminence and, if so, whether you’d be willing to shed a little light into this dark, dark topic. Enquiring minds, empty wallets, and plummeting GPAs most decidedly want to know.