Guest Post: Correcting the Diversity Skills Disconnect Using LSSSE Data
Guest Post: Correcting the Diversity Skills Disconnect Using LSSSE Data
Nicole P. Dyszlewski
Head of Reference, Instruction, & Engagement
Roger Williams University School of Law
There is a disconnect within legal academia about diversity, inclusion, racism, sexism, equality, power, and social justice issues in law. There is a disconnect between faculty attitudes about the value of teaching diversity skills and the actual inclusion of diversity skills in law school doctrinal classes. This disconnect has existed for years. It exists in the hallways and the cafeterias, but it looms largest over law school classrooms. The disconnect has taken on a new urgency in the year since the murder of George Floyd (and countless other Black victims of police violence), since a year’s worth of historic protests against anti-Black violence, and since the demands made by student groups at many of our schools to change the status quo. Today I want to share some of my own experiences with this disconnect, talk about how LSSSE data can be used to inform our institutions about the disconnect, and introduce a book I have been working on in the last few years to help provide resources for those who want to teach 1L students about the roles that diversity, equity, and social justice play in shaping and practicing the law.
I have very rarely heard a law professor say that teaching about social justice, equity, and the needs of a diverse society is not important or not a good fit for the law school curriculum. While these naysayers exist, they seem to be very few in number. Most law professors I have encountered in person, in my networks, on law Twitter, or through their scholarship seem to think these issues are relevant if not critical in law. In fact, the council of the ABA's Section of Legal Education and Admissions to the Bar recently approved a revision to law school accreditation standards which would require schools to “provide training and education to law students on bias, cross-cultural competency, and racism: (1) at the start of the program of legal education, and(2) at least once again before graduation.” (See the current Notice and Comment).
Despite wide agreement among faculty that these topics are critical in the law school curriculum, I have also observed a NIMBY-ism. I have heard faculty from several schools explain that there is too much content to cover in the semester and they can’t possibly add diversity issues to their class. I have heard professors say that diversity, racism, sexism, social justice, and similar issues don’t naturally come up in the class they teach so it wouldn’t make sense to add them. I have heard professors say they will not use any hypos or examples which confront these issues because they feel that the discussion would be too difficult to manage and take away from the “real” learning. While many of us agree that these topics are critical to the law school curriculum, fewer faculty find them critical to their own classes and their own teaching practice. There is a disconnect here between what we espouse and what we do.
It is our students, particularly our students from marginalized and underrepresented communities, who are paying the price for this disconnect. As LSSSE Director Meera Deo stated in a recent report, “what the data unequivocally show, is that those who are most affected by policies involving diversity—the very students who are underrepresented, marginalized, and non-traditional participants in legal education—are the least satisfied with diversity efforts on campuses nationwide.”
There isn’t much data on the prominence of diversity or social justice within most law schools’ curricula. Even if at an individual level we are successful at teaching diversity and diversity skills in our classrooms, how mainstream is this practice? Is it effective? Some schools may include questions on diversity, diversity skills, and inclusion in annual faculty activity reports or end of the semester student evaluations. Some (Many? Most?) schools do not. In 2020, LSSSE introduced a set of supplemental questions focused on diversity and inclusion. At my own institution we are waiting for this year’s supplemental LSSSE data to begin analyzing it to inform us on the student perspectives of diversity in the curriculum. We have also been in discussions about how to supplement the LSSSE data with additional surveys of students’ perspectives.
The LSSSE Diversity and Inclusiveness supplemental module includes questions about how much the student feels that their coursework has emphasized developing the skills necessary to work effectively with people from various backgrounds, learning about other cultures, discussing issues of equity or privilege, respecting the expression of diverse ideas, and recognizing your own cultural norms and biases. This data is integral to assessing your institution, your curriculum, and also your institution’s commitment to diversity. Engaging with the LSSSE data on diversity and inclusion is one place for law schools to start. LSSSE Director Deo cautions, “while institutions have been touting a commitment to equality with broad diversity statements and written policies supporting equal opportunities, traditional insiders see these words as doing the work while underrepresented students pay the price for ongoing inequities.”
Over the last year dozens of law schools have re-focused their diversity and inclusion efforts, planning, programming, and assessment. At my institution we have been in discussions throughout the Spring semester as we plan to use this forthcoming data to assess an item in our strategic plan for diversity and inclusion in which we vowed to “[a]ddress inequality and social justice issues in courses across the curriculum, identify teaching materials that facilitate consideration of those issues, and provide students the opportunity, where appropriate, to evaluate faculty members on the effectiveness of their efforts.” For this assessment, the LSSSE data will be one tool in our toolbox.
Another step law schools must take is to fully integrate diversity and diversity skills into the foundational curriculum. Kimberly M. Mutcherson, Co-Dean & Professor of Law at Rutgers Law School, gets right to the heart of the matter in her Foreword to LSSSE’s 2020 Annual Report, Diversity and Exclusion, calling on law schools “to re-visit their curricula and note how they fail to adequately grapple with law as a tool of oppression (past and present).”
A few years ago, a group of colleagues and I began a project to solicit and compile practical resources for professors who are trying to rework the curriculum in the way Dean Mutcherson describes. This spring, we published a book titled Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom. It is a collection of essays with practical advice, written by faculty for faculty, on specific ways to integrate diversity, equity, and inclusion into the first year law school curriculum. It contains essays, organized by 1L class topics, on both pedagogical approaches and case studies. The essays contain thoughtful, meaningful engagement from faculty who’ve reflected consciously on how to address diversity in the classroom. The book also contains a cross-curricular chapter addressing these issues from a broader perspective. The book is a response to students who are seeking more from their classes, but it is also a response to the faculty who want to change but need guidance and inspiration on how to begin.
As legal education considers the wisdom in revising our accreditation standards, and as we enjoy our summer of writing and preparing for fall classes, I would ask that we consider the next steps towards diversifying our curricula and fixing the disconnect between our teaching and our institutional goals. Let this be the summer of reviewing LSSSE data, auditing our syllabi for diverse voices, supplementing our casebooks with readings that seek to decolonize the law, re-considering our pedagogical practices, and making room for the lived experiences of our students in our classrooms.
Guest Post: Understanding the Nuances: Diversity Among Asian American Pacific Islanders
Understanding the Nuances: Diversity Among Asian American Pacific Islanders
Vinay Harpalani
Henry Weihofen Professor & Associate Professor of Law
University of New Mexico School of Law
Asian American Pacific Islander (AAPI) Heritage Month recognizes the collective contributions of all AAPIs, but it is also an opportunity to move beyond the collective and highlight the nuanced differences between various AAPI groups. Lumping together all of these groups, without appreciation for their unique histories, experiences, and challenges, can obscure important differences, which in turn reinforces stereotypes. For example, although the “model minority” stereotype depicts AAPIs as high academic achievers from relatively privileged socioeconomic backgrounds, this is only accurate for a subset of the AAPI population. Higher education institutions in particular should highlight the vast diversity among AAPIs, as these institutions place a special value on understanding diversity and are also places where the model minority stereotype is propagated. Yet, when reporting applicant and enrollment data and other metrics, higher education institutions often simply classify their students as AAPI or even just “Asian.” And “Asian” as a singular label is particularly problematic, because it not only obscures differences between AAPI groups, but also conflates the different experiences of new immigrants and international students with those of second- and later generations of Asian Americans. Failure to distinguish these groups exacerbates another stereotype of AAPIs: that we are “perpetual foreigners”—always associated with their ancestral nations rather than with the U.S. Higher education institutions should thus disaggregate their data on AAPI students and be more nuanced in their assessments.
But therein lies the challenging part. There is no consensus on how to classify various AAPI groups or on which groups should be included together. Sometimes, people from different geographic areas of Asia are separated into smaller regional groups. East Asian Americans trace their ancestry to China, Korea, Japan, Mongolia, or Taiwan, while Southeast Asian Americans are descended from Thailand, Vietnam, Laos, Cambodia, Myanmar, Malaysia, Singapore, the Philippines, Indonesia, Brunei, or Timor Leste. South Asian (“Desi”) Americans trace their roots to India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Afghanistan, or the Maldives Islands. Pacific Islanders are descended from Micronesia, Melanesia, and Polynesia—three major island groups in the Pacific Ocean—and are sometimes classified separately from Asian Americans altogether. And although South Asian Americans are formally classified with as Asian Americans, many people do not think of them as such. AAPI student organizations on college campuses illustrate this well, as they can emphasize national, ethnic, or collective identities. In addition to AAPI, other terms include “Asian American”, “Asian Pacific American” (APA), “Asian/Pacific Islander” (API), Asian Pacific Islander Desi American (APIDA), and “Asian American Native Hawaiian Pacific Islander” (AANHPI).
While the broad regional groupings may sometimes be appropriate, grouping by ethnicity or nation of ancestry may better capture the nuances—especially for relatively recent immigrants who left their homelands under particular circumstances, or for international students from particular countries. The Law School Survey of Student Engagement (LSSSE) collects data on diversity among AAPI law students, including differences between domestic and international students. Among its many metrics, LSSSE has disaggregated data on AAPI groups by their nation of ancestry. In its 2016 survey, LSSSE asked AAPI respondents about their ethnicity, and it analyzed this data in its 2017 report on AAPI law students. Overall, 1,147 respondents identified as AAPI: 7% of the total LSSSE pool. Six subgroups comprised at least 5% of the AAPI pool: Chinese (23%); Korean (19%); Asian Indian (18%); Japanese (8%); Filipino (8%); and Vietnamese (5%).
LSSSE’s analysis showed significant differences between these groups. For example, while 81% of Asian Indian American students in the sample had at least one parent with a bachelor’s degree, only 41% of Vietnamese American students did. And although AAPIs generally are stereotyped as high-achieving students, there were also differences in LSAT performance: 33% of Chinese American students in the sample scored 161 (83rd percentile) or higher, whereas only 9% of Vietnamese American students did. These differences may well be related to the immigration histories of these groups. Many Asian Indian and Chinese immigrants to the U.S. came via the occupational preferences of the Immigration Act of 1965, which favored those from educated, professional backgrounds. Conversely, many Vietnamese immigrants came as refugees after the Vietnam War and did not have the same resources. LSSSE’s data also indicate that compared to other AAPI groups, Vietnamese American students were more likely to be working in non-law related jobs, working more than 8 hours per week, and more likely to be providing care to others in their household while they were in law school.
The differences between international and domestic students can also be significant. Students born and/or raised in the U.S. are often socialized very differently than those born and raised in their ancestral nations, and these two groups often have different backgrounds, outlooks, and experiences. Rather than grouping together all students descended of a particular ethnicity, it is informative to distinguish between international and domestic students for each ethnicity. This may be challenging in some circumstances, given the small samples for some ethnicities. In LSSSE’s 2016 survey, 50% of students of Chinese descent were international students, while only 1% of Filipino students were, and proportions of other AAPI subgroups identifying as international students varied widely: 24% Korean; 14% Asian Indian; 8% Vietnamese; and 7% Japanese. Depending on the questions being explored, it may be prudent to focus only on domestic students for some analyses and only on international students for others, and it may be necessary to combine the two for some purposes.
When analyzing the demographics and the academic and social experiences of AAPI students, higher education institutions should follow LSSSE’s lead and disaggregate different groups, and also distinguish between international and domestic students. There is no single, ideal way to classify all of the groups: that will depend on the question and analysis at hand. But paying attention to the nuances will help to dispel the stereotypes that AAPIs are “model minorities” and “perpetual foreigners”—stereotypes that lump different AAPI groups together. And while we can and should celebrate the heritage and contributions of AAPIs as a whole, understanding the nuanced differences between groups is what will truly address the challenges faced by various AAPI communities.
Guest Post: Assessment: How to Do It and How LSSSE Can Help
Assessment: How to Do It and How LSSSE Can Help
Emily Grant
Professor of Law
Washburn University School of Law
Psst. Have you heard? The American Bar Association (ABA) wants law schools to do assessment.
Of course you’ve heard. We all heard the call to assessment even before the relevant ABA standards (301, 302, 314, and 315) took effect in 2016.
Unlike some, however, I’ve drunk the assessment-flavored Kool-Aid, I’ve got the assessment tattoo,[1] and I’m bringing my flashlight back into the cave to help others with the assessment process. And luckily for all of us, LSSSE can play an important role in institutional assessment activities.
First up, what is assessment? At the most basic level, assessment is evaluation. It is the process of collecting data about student learning and using that data to improve teaching, learning, and indeed the full functioning of a law school.[2]
To that end, the ABA has mandated that a law school must establish a program of legal education and identify specific learning outcomes, or goals, that it is seeking to achieve (Standard 301). Those learning outcomes should include, at the very least, the topics listed in Standard 302, including the knowledge, skills, and values that law school graduates are to possess. The law school should use both formative and summative assessment methods[3] when evaluating students (Standard 314). And Standard 315 brings it all together: the law school administration and faculty “shall conduct ongoing evaluation” of the school and should use the results of that evaluation to make decisions about the future.
The process is designed to help law schools ensure that they, as institutions, are accomplishing their goals and that their students are taking away the things that are most important, as defined by each law school. Within the broad guidelines of the ABA noted above, law schools can prioritize certain knowledge, skills, and values—a social justice mission, for example, or specific professional competencies important to the institution. The assessment process can then expose weaknesses in the curriculum that might allow the important learning outcomes to fall through the cracks, and law schools can adjust accordingly. But the assessment process is also an opportunity for law schools to gather empirical evidence about their strengths and to continue and encourage curricular growth in those areas the students are learning and incorporating well.[4]
The assessment process needs to happen across various levels: institutions, programs or departments, and individual courses. The steps in the assessment process will generally be the same:
- Create student learning outcomes and ensure that the curriculum aligns with the outcomes.
- Design and administer assessment instruments to measure student achievement of those outcomes.
- Review and analyze data that assessment instruments produce.
- Make changes based on the data to improve student learning.
- Repeat the process to evaluate impact of the changes and whether they made any difference in student learning.
Assessment is a cyclical process; it’s iterative in that the data leads to information which can lead to changes in curriculum and instruction which produces new data to analyze. Institutions that merely gather data in spreadsheets will wind up being data rich but information poor. Instead, law schools must use the data “to determine whether they are delivering an effective educational program.”[5] The assessment process is meaningful only when schools use the data “to improve [themselves], to change the curriculum, to change teaching and learning methods, and even to change the assessment methods themselves.”[6]
LSSSE has been a model of effective data-use and frankly, serves as an entire warehouse of granular and big-picture data that law schools can access as part of the assessment process. For example, many law schools have already identified learning outcomes in areas such as knowledge of the law, effective research and writing, oral presentation skills, critical thinking, problem-solving, and professional ethics.
Check out the following questions on the LSSSE survey:
To what extent has your experience at your law school contributed to your knowledge, skills, and personal development in the following areas?
- Acquiring a broad legal education
- Acquiring job or work-related knowledge and skills
- Writing clearly and effectively
- Speaking clearly and effectively
- Thinking critically and analytically
- Using technology
- Developing legal research skills
- Working effectively with others
- Learning effectively on your own
- Understanding yourself
- Understanding people of other racial and ethnic backgrounds
- Solving complex real-world problems
- Developing clearer career goals
- Developing a personal code of values and ethics
- Contributing to the welfare of your community
- Developing a deepened sense of spirituality
That question alone is goldmine of information for law schools to methodically and quantitatively get feedback on the efficacy of the curriculum.
In total, about 60 items in the LSSSE survey map to the ABA standards and interpretations. All participating law schools receive an accreditation report, which could serve as another source of relevant data.
One of my professional roles is Co-Director of the Institute for Law Teaching and Learning, an organization of law school professors across the country (and beyond!) dedicated to improving… well… law teaching and learning. Because we recognize the value of the assessment process in strengthening legal education, we have recently released a comprehensive book discussing the assessment process in detail: Assessment of Teaching and Learning: A Comprehensive Guidebook for Law Schools by Kelly Terry, Gerald F. Hess, Emily Grant, Sandra Simpson (Carolina Academic Press 2021).
In the book, we explain that assessment in law schools can be viewed as a prism. Contained within the prism are principles and practices that apply to various aspects of legal education, including institutional assessment, programmatic assessment, and course-level assessment of student learning, as well as assessment of teaching effectiveness. The book is structured to be a resource in all of those areas. Specifically, it provides a thorough overview of the assessment process generally, and it includes a chapter about how to build a culture of assessment throughout the institution. Next, the book turns to the specifics of assessing student learning in a variety of contexts: at the institutional level, at the course level, and in the context of other programs in the law school, including experiential learning, legal writing, centers and concentrations, co-curricular activities, and non-academic units. Finally, the book focuses the assessment lens on teaching, with a discussion of the fundamentals and suggestions for both summative and formative assessment of teaching performance.
Using data from reliable and trusted sources, such as LSSSE, is important for law schools as they work to evaluate the effectiveness of their curricula. Data from LSSSE can be a valuable resource for law schools as they prepare for review by the ABA Accreditation process. In particular, LSSSE data can be central to a law school’s self-study and strategic planning process by providing focus and opportunities for follow-up. Moreover, LSSSE results are actionable; that is, they point to aspects of student and institutional performance that law schools can do something about. And that, after all, is the entire purpose of the assessment process.
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[1] Not really, but how nerdy would that be?!
[2] Barbara E. Walvoord, Assessment Clear and Simple: A Practical Guide for Institutions, Departments, and General Education 2 (2010).
[3] Formative assessment is feedback provided during the course with the goal of improving students learning. Summative assessment evaluates student learning at the end of a particular course.
[4] Lori E. Shaw & Victoria L. VanZandt, Student Learning Outcomes and Law School Assessment: A Practical Guide to Measuring Institutional Effectiveness 32 (2015).
[5] Roy Stuckey et al., Best Practices for Legal Education: A Vision and a Road Map 272 (2007).
[6] Id. at 273.