Guest Post: What’s Actually At Stake in the SCOTUS Challenge to Race-Conscious Admissions
Shirley Lin, Assistant Professor of Law
Brooklyn Law School
Clara Williams ‘23
Brooklyn Law School
Consider the following hypothetical law school candidate. She is a child of limited-English-proficient immigrants, growing up in a majority-minority neighborhood of Queens, New York. Her community and adjoining zipcodes had been deprived of public investment for decades. She and her siblings were the first in their household to graduate high school, then college. Because of their race and ethnicity, they experienced harassment from a young age and, one of them, a violent beating in high school. By the time she applied to law school, she took her first course in standardized testing just before her second and final attempt on the LSAT. Co-author Professor Lin’s experience with affirmative action in higher education would have been markedly different if the Supreme Court decides to overturn four decades of precedent allowing schools’ admissions programs to consider race along with other factors.
After decades of being held up as a racial foil against other communities of color in racial politics—especially in debates over affirmative action—Asian American communities are wary of being used as pawns to undo efforts to address racial inequality. After withstanding repeated challenges to affirmative action, in 2003, the Court reaffirmed the current doctrine that admissions programs may consider race among other factors that contribute to campus diversity in Grutter v. Bollinger. In tandem appeals against Harvard and University of North Carolina, petitioner Students for Fair Admissions (or SFFA, led by a white affirmative action opponent, Edward Blum), now seeks to do so again in a bid to undo the practice of race-conscious admissions entirely.
Statistics are central to SFFA’s challenge on several levels: in evaluating how interested parties have positioned racial categories; in illustrating what is at stake; and in contextualizing the relevance of these appeals to legal education. In fact, for nearly a decade, the majority of Asian American voters have supported affirmative action—today, at nearly 70 percent. This includes the 6,000-member Harvard Asian American Alumni Alliance (H4A, representing all of Harvard’s Schools), which joined amici student and alumni groups supporting Harvard’s ability to consider race in its admissions process. H4A has underscored that a racially diverse student body creates the best educational environment for everyone—including Asian Americans.
Emphasizing a consistent line of studies demonstrating that racial diversity increases tolerance and empathy across racial lines, the Asian American Legal Defense & Education Fund filed an amicus brief last month in support of the respondent universities, on behalf of 121 AAPI scholars and community group signatories (including Professor Lin). Amici highlighted the meteoritic rise in anti-Asian American hate crimes, in particular extremely violent attacks and murders, that persist, in emphasizing the continuing relevance of the benefits of racial diversity that Grutter recognized two decades ago.
Numbering at least 24 million, Asian American communities are kaleidoscopically diverse even in terms of ethnicity and class stratification alone. Asian Americans have undergone profound changes in the last two decades. Their cultural and political experiences nationwide defy pat generalizations about race, phenotype, immigration status, religion, and experiences with language barriers. For example, 12 of 19 subgroups by Asian origin analyzed by the Pew Center currently experience poverty at rates as high as—or above—the level for overall U.S. population. Today, roughly 6 in 10 U.S.-born Asian Americans are members of GenZ (i.e., aged 22 or younger), and another 25% of the population considered Millennials. Their experiences in schools (including legal education) defy the racial stereotypes of Asian Americans that formed a generation or two ago as the “model minority” who can simply, meritocratically, join the middle- or upper-middle-class.
Recent reports from the Law School Survey of Student Engagement (LSSSE) provide a far more accurate picture than the briefs provide. For example, during the ongoing COVID crisis, concerns about access to adequate food and housing among Asian American law students were on par with Black and LatinX law students:
LSSSE, The COVID Crisis in Legal Education (2021)
Meanwhile, LSSSE’s 2020 report providing a 15-Year Retrospective reflects that, in the intervening time since Grutter and its subsequent increase in student racial diversity, students were twice as likely to report that their law school contributed to their understanding people of other racial or ethnic backgrounds— progressing from a paltry 23% to 45%:
These students’ experiences, of course, predate the ABA’s modest revision earlier this year of law school Accreditation Standard 303(c), which now states: “[a] law school shall provide 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.”
Taking time to drill down into the experiences of subgroups within Asian American communities yields a wealth of information about the similarities and, perhaps just as crucially, the divergent experiences of such a vast grouping. For instance, Vietnamese American students are half as likely as Indian American students to have parents who received a college education. Chinese students comprise 50% of the international students, who are generally not eligible for merit-based scholarships.
Diversity Within Diversity (2017)
Most troubling is that, in its Harvard litigation, SFFA claims to be concerned with assisting AAPI applicants against “negative action” by proposing as an alternative affirmative action based solely on income. Yet the group avoids acknowledging that such plans ultimately provide the greatest boost to white applicants—not racial minority applicants—because they do not account for additional systemic hurdles racial minorities from impoverished families face. Meanwhile, a ruling that would prohibit the use of race while leaving in place “colorblind” practices that unfairly benefit wealthy white applicants belies SFFA’s professed concern for Asian American applicants.
Rather than confounding admission programs, our current doctrine on race-conscious affirmative action does not prohibit law schools or colleges from assessing the multiple dimensions of advantage and disadvantage as they intersect with race (including for white applicants). To the contrary, it expects schools to assess individual applicants holistically. Students of color—including Asian American students—overcome barriers to the profession compounded by race alongside class, disability, gender, and other dimensions of inequality. Professor Lin’s first-hand experience with the inequities her family and neighbors faced remained central to her pursuit of legal advocacy, and now research and teaching, which investigate how law binds racial and economic injustice. Her unlikely route to academia would scarcely have been possible without the nuanced, race-conscious approaches intact in current doctrine.
Nonetheless, conservative proponents of “colorblindness” will soon ask the Justices to discard nearly 50 years of settled law on race-conscious admissions programs in higher education. At a time when debates over K-12 curricula foreground ideological attempts to silence all conversation about the ways in which race fosters systemic and institutional inequality, SFFA’s blunderbuss legal challenge has—at a minimum—reinvigorated examination of actual racial diversity so that legal academia, too, must take note.
New Questions Focusing on Law Students with Disabilities
By popular demand, LSSSE is now capturing information about the experience of law students with disabilities. Law students are given the opportunity to select one or more conditions using the following questions:
Have you been diagnosed with any disability or impairment?
- Yes
- No
- I prefer not to respond
Which of the following impacts your learning, working, or living activities?
- Sensory disability
- Blind or low vision
- Deaf or hard of hearing
- Physical disability
- Mobility condition that affects walking
- Mobility condition that does not affect walking
- Speech or communication disorder
- Traumatic or acquired brain injury
- Mental health or developmental disability
- Anxiety
- Attention deficit or hyperactivity disorder (ADD or ADHD)
- Autism spectrum
- Depression
- Another mental health or developmental disability (schizophrenia, eating disorder, etc.)
- Another disability or condition
- Chronic medical condition (asthma, diabetes, Crohn’s disease, etc.)
- Learning disability
- Intellectual disability
- Disability or condition not listed
- Please describe your disability or condition
In 2022, nearly one in five (19%) of LSSSE respondents had a disability. Students who responded "yes" to the disability question then had the option to select the condition(s) that impact their learning, working or living activities. Mental health conditions were by far the most common, with about 13% of law students having a condition such as anxiety, ADHD, or autism. Four percent of law students had a condition not specified on the survey such as a chronic health condition or a learning disability. Two percent of respondents had a physical disability, and one percent had a sensory disability such as being deaf or hard of hearing.
In addition to tracking the overall proportion of law students who are disabled, these new data give us an exciting opportunity to explore how students with disabilities might engage differently with their law schools and what particular experiences or services law schools can offer to better help these students succeed as professionals. For example, law students who have a disability are more likely to participate in class discussions, both online and in person, compared to their non-disabled peers. Additionally, students with disabilities are more likely to engage in pro bono work or public service during law school. Near four out of five students with disabilities (79%) either plan to or have done pro bono work or public service compared to 74% of non-disabled students.
However, disabled students are less likely to be satisfied with their experiences with academic advising and career advising compared to their classmates. This suggests that law students with disabilities engage intensely with the law school experience but do not always feel as supported as their non-disabled peers.
The new disability questions are included in the core LSSSE survey and available to all participating law schools. Survey registration will be opening soon; contact LSSSE for more details!
Providing the support law students need to succeed academically
A strong academic program is the foundation of any law school. Equally important is that law schools provide the support services students need to meet the rigors of the curriculum. About two-thirds of law students feel that their law school places “quite a bit” or “very much” emphasis on providing the support they need to succeed academically.
1L students are more likely to feel supported than their more advanced colleagues. Although the general optimism and positivity that 1L students feel toward their experience tends to steadily decline with advancing years for any measure of engagement, for the perception of academic support, satisfaction drops markedly among 2L students and then remains at that level during 3L and 4L years. This suggests that there is an initial sense of being supported that fades fairly quickly after students adjust to their new environment.
Two-thirds of men feel that their law schools places a strong emphasis on supporting academic success, which is slightly higher than the proportion of women who feel similarly (60%), but fewer than half of the people who have another gender identity feel that level of academic support.
Importantly, the degree to which students feel academically supported is very strongly correlated with whether they are satisfied with their overall law school experience. A full 91% of students who rate their experience as “excellent” feel supported in their academic success compared to only 7% of students who have are having a “poor” experience.
Perceived degree of academic support is also closely tied to whether a student would choose their law school again if they could start over, although the relationship is slightly less stark than for overall law school satisfaction. Among students who would either probably not or definitely not attend the same school, about 32% feel supported to succeed academically. But among students who would probably or definitely attend the same school, 70% feel academically supported.
Law students are driven to succeed in the face of the challenges presented by their academic program. Students who feel supported in their academic endeavors by their schools are more likely to be satisfied with their overall experience and to say that they would choose the same school if they could start over. Academic support is integral to a successful law school experience and likely impacts students’ long-term satisfaction and likelihood to become alumni who speak highly of their alma maters.
Guest Post: Using Meaningful Admissions Data to Improve Legal Education and the Profession
Anahid Gharakhanian
Vice Dean & Director of the Externship Program
Professor of Legal Analysis, Writing, and Skills
Southwestern Law School
Natalie Rodriguez
Associate Dean for Academic Innovation and Administration
Associate Professor of Law for Academic Success and Bar Preparation
Southwestern Law School
Conversation about increasing diversity and doing better when it comes to inclusion and belonging is everywhere in legal education. What’s critical though is empirically tracking how well we’re actually doing. The Law School Survey of Student Engagement (LSSSE) provides invaluable and sobering data that should serve as a beacon to legal educators’ aspirational goals of cultivating diversity, inclusion, and belonging in their schools and in the profession. LSSSE’s 15-Year Retrospective – The Changing Landscape of Legal Education – tells us that there’s a positive trajectory with minority enrollments from 2004 to 2019.
But the jarring news is that minority students’ sense of belonging – especially women of color students– is quite a bit lower than that of White students. As LSSSE’s 2020 Diversity and Exclusion Report points out, “Scholarly research indicates that students who have a strong sense of belonging at their schools are more likely to succeed.”
The data unequivocally tells us that we need to do a lot better for ALL law students to succeed. But the effort should start much earlier than when law students start law school. We need rigorous rethinking and innovation in law school admission practices – whereas to date the hyper-focus is on the limited numerical indicators of undergraduate GPA and especially LSAT score.
For the past three years, Southwestern Law School has innovated with such a first-of-its kind approach to admissions practices. The research project and initial results are detailed in “More than the Numbers”: Empirical Evidence of an Innovative Approach to Admission, Minnesota Law Review (Vol. 107, forthcoming), co-authored by the co-authors of this blog and Dr. Elizabeth Anderson, and will be presented at the Minnesota Law Review Symposium, on October 7, 2022, “Leaving Langdell Behind: Reimagining Legal Education for a New Era.” Interestingly, Southwestern’s empirically-based novel approach seems to have provided a notable boost to the matriculants’ sense of confidence or belonging in attending law school. More on that in a bit.
Southwestern’s project is driven by the moral imperative that law schools – as gatekeepers to the legal profession – should commit to innovative and rigorous admissions processes that define merit broadly and provide opportunities based on a spectrum of factors, beyond the traditional numerical indicators. In furtherance of this commitment, several years ago, Southwestern developed an evidence-based tool to more fully and meaningfully assess applicants’ law school potential. This tool goes beyond the limited cognitive measure of the LSAT, which many criticize as an impediment to diversifying law schools and the profession and which at best is only modestly predictive of first year law school performance.
Southwestern’s approach focuses on that group of applicants whose application materials show promise but also raise questions about the applicant’s current readiness for law school. These applicants are invited to participate in a methodical waitlist interview process where they are asked a series of questions based on several factors identified in the IAALS’s Foundation for Practice (“Foundations”) study as necessary for first-year attorneys. Three years into this project and based on hundreds of admission interviews working with Dr. Elizabeth Anderson we have analyzed our approach. The data has produced initial reliability and validity metrics for the measure developed – i.e., a tool that could be used with confidence in the admissions process.
Southwestern’s approach has included three steps. First, Southwestern identified what needs to be measured – i.e., certain foundations necessary for first-year practice as established by the Foundations study and hence assumed to be necessary to law school success. Second, the school identified why these factors need to be measured – i.e., to provide access to legal education with measures that matter. Third, the school designed the empirical research to support the development of a reliable and valid measure of this construct. Relatedly, Southwestern developed a measure of “nontraditional readiness for law school” using a design that focused on a psychometric research design, where psychometrics is the research practice of formal development of reliable and valid measures/assessments. Southwestern has found that the developed tool/measure is measuring what it set out to measure. This tool/measure will produce a score that will then be used in predictive validity analyses, as well as predictive modeling of law school success outcomes.
Interestingly, and beyond the quantitative data, based on comments shared by the interview matriculants, for purposes of adding context to the paper we’ve written about the admissions project, we’ve learned that the interview experience provided a notable boost to their confidence in attending law school. This was not an outcome that Southwestern had hypothesized or planned for but was a palpable part of the comments shared by the matriculants. Seeing the LSSSE data about belonging, it’s imperative that we create a sense of belonging starting with the admissions process.
The matriculant’s comments are indelible. A third-year interview matriculant noted:
I was very nervous when I came to the school for the waitlist interview. But afterward I felt heard and this motivated me. It gave me confidence, and I felt I couldn’t let the school down and I now had the opportunity to follow my purpose.
A second-year interview matriculant noted:
With the waitlist interview, Southwestern made the admissions process more personal and it showed me that the administration really values the lived experience of potential students and wants to hear what I have to say. This gave me confidence about law school and what I can contribute/accomplish.
And a first-year interview matriculant noted:
My waitlist interviewer dug deep and tried to understand me. She heard me, which was incredible. I knew law schools aren’t comfortable taking a chance but I was hoping some schools would want to hear my story and that’s what the waitlist interview did for me. This gave me the chance and confidence to pursue the dream that started with watching Fresh Prince of Bel-Air when I was a kid and thinking it’s so incredible to see Black attorneys and I want to be an attorney.
Our work has been well-received. We recognize, however, there is work left to be done and LSSSE is uniquely positioned to contribute in this area and help drive the necessary change through additional data. As part of its annual survey, LSSSE could include questions designed to gather data on law students’ admissions experiences. As our approach to admissions shows, establishing a sense of belonging can begin well before orientation. This unintended yet profound outcome is worth additional exploration. As indicated in the 2020 Diversity and Exclusion Report, a strong sense of belonging can make the difference in whether a student feels they have the support they need to thrive, especially women of color.
Further, as part of its longitudinal studies, LSSSE could also consider ways to track admissions factors beyond the limited indicators of LSAT and UGPA. The 2020 15-Year Retrospective – The Changing Landscape of Legal Education points out overall drops in UPGAs and LSAT scores.
This is helpful information, but the continued hyper-focus on these traditional factors, and not probing into and tracking other admissions-related data, contributes to perpetuation of limiting entry into law school and the profession based on narrow concepts of merit and potential.
These are just a few ideas. But to be sure, empirical inquiry and evidence must lead the way to change in admission practices. With its dedication in working for the betterment of legal education and its rigor in research practices, LSSSE certainly has a critical role to play in encouraging innovative law school admissions practices that more fully and meaningfully assess merit and potential while creating an inclusive and engaging pre-matriculation experience.
First Generation College Students Bear More Law School Debt
First generation law students, defined as those students who do not have at least one parent with a bachelor’s degree, face unique hurdles in higher education. In addition to navigating an unfamiliar cultural landscape, first generation students may be particularly challenged by financial concerns and student debt. In fact, although 75% of non-first generation law students expect to have some debt from attending law school, that number climbs to 88% for first generation students.
Additionally, the total dollar amount owed in student debt tends to be higher for first generation students. LSSSE 2021 and 2022 survey data show that first generation law students expected to owe an average of $96,000 compared to $71,000 for their non-first generation classmates. Around 45% of first generation students expected to owe over $100,000, but only 31% of non-first generation students expected to have loan balances that high. Shockingly, first generation students are twice as likely as their non-first generation peers to owe more than $200,000, which is the highest debt category recorded by LSSSE. Only four percent of non-first gen students fall into this category, compared to a full nine percent of first gen students.
The differing financial picture for these groups of students takes an emotional toll. Although first gen and non-first gen students report similar stress levels related to law school (about 84% rank their stress a 5 or higher on a 7-point scale), two-thirds of first gen students say that financial concerns and student debt are a big source of stress or anxiety compared to less than half (46%) of non-first gen students.
Dispelling the Asian American Monolith Myth in U.S. Law Schools
Dispelling the Asian American Monolith Myth in U.S. Law Schools
Katrina Lee
Clinical Professor of Law, and Director of Program on Dispute Resolution
The Ohio State University, Moritz College of Law
Rosa Kim
Professor of Legal Writing
Suffolk University Law School
In the past year, following an exponential rise in anti-Asian violence and discrimination in the U.S., we wrote an essay about inclusion of Asian American faculty in legal academia. We discussed harmful stereotypes and myths about Asian Americans. We called on the legal academy to do more to acknowledge and address the challenges faced by Asian American faculty and to amplify their voices, work, and presence.
Law schools must also do the same for Asian American students in U.S. law schools.
Asian Americans have often been viewed and treated as a single homogenous group. And yet the story of Asians in America is one of rich diversity. Today more than 20 million people who identify as Asian American live in the U.S.[1] The term Asian American encompasses at least 21 distinct groups.[2] In 2019, people who identify as Chinese, Indian, Filipino, Vietnamese, Korean, and Japanese accounted for 85% of Asian Americans.[3]
Asian Americans are diverse economically. The disparities in income across Asian American households are among the widest in the country. While Asian American households in the U.S. had a median annual income of $85,800 in 2019—higher than the $61,800 among all U.S. households—most groups of Asian Americans report household incomes well below the national median for Asian Americans.[4] For instance, Burmese American households have a median income of $44,400.[5]
Unsurprisingly, Asian American law students[6] are diverse. LSSSE survey data about Asian American students dispels the monolith myth and reveals the need for law schools to act to provide support for all Asian American students. LSSSE’s recent report of Asian American law students is aptly named Diversity within Diversity: The Varied Experiences of Asian and Asian American Law Students.
Within the group of Asian American law students surveyed, 81% of respondents comprised six ethnic groups: Chinese, Korean, Indian, Filipino, Japanese, and Vietnamese.
International students of Asian descent are a growing cohort in U.S. law schools. By far, Chinese respondents were more likely than any other group to be international students; 50% percent of them identified as international students, while just 1% of Filipino respondents identified as international students.
In the areas of LSAT scores and parental education levels, the LSSSE uncovered dramatic differences across ethnic subgroups. About 1 in 3 Chinese respondents had LSAT scores above 160. As a point of comparison highlighting the Asian American diversity, fewer than 1 in 11 Vietnamese respondents had scores at that level. Only 41% of Vietnamese law student respondents had at least one parent with a BA/BS or higher, in contrast with 81% of Indian law student respondents and 78% of Filipino law student respondents.
Law student debt expectation also varies significantly across ethnic subgroups. Only 15% of Chinese respondents expected to have more than $120,000 in debt after law school, compared with 51% of Filipino respondents and 44% of Vietnamese respondents. (The disparity could be explained in part by the prevalence of international students among certain respondent subgroups. 50% of Chinese respondents identified as international, while only 1% of Filipino students did. As LSSSE notes, international students are twice as likely to expect no law school debt than domestic students.)
With regard to Asian American law students’ perceptions regarding law school support, Asian American law students generally do not feel they receive law school support to cope with non-academic responsibilities. Thirty-five percent of Chinese respondents and only 21% of Vietnamese respondents felt that support was provided.
Given the LSSSE data, viewing Asian American law students as a monolith–as, for example, a group that finishes law school incurring little debt and that is a “model minority” with LSAT scores in the highest percentiles–would be a mistake. Doing so would miss the mark by a long shot in ensuring effective support of Asian American law students. Appreciating the diversity and broad scope of Asian American experiences is a prerequisite to pursuing equity and inclusion of all Asian American law students.
In our essay this Spring on inclusion of Asian American law faculty, we provided an aspirational checklist of self-assessment questions for law schools. We provide here a complementary list of self-assessment questions for law schools seeking to support Asian American law students.
- Are there Asian American deans, associate deans, or faculty at the law school that Asian American students can look to for support?
- Does the law school work to connect Asian American law students with Asian American mentors within and outside of the law school?
- Are Asian American students encouraged to pursue judicial clerkships and other government job opportunities?
- Are Asian American students receiving mentorship for leadership and being suggested for leadership positions and other recognition at the law school?
- Do Asian American students feel supported in their efforts to pursue law school studies while managing financial need and family care responsibilities?
- Is providing faculty support to Asian American students valued and does the institution acknowledge and account for this additional faculty work for supporting Asian American students?
- Does the curriculum include Asian American law courses, and is Korematsu v. U.S. taught in a mandatory course?
- Does the law school offer co-curricular activities, like journals, competition teams, or study-away programs, related to Asian American law?
- Has the impact of current events and law school policies on Asian American students been discussed and included as part of the work of the DEI committee or staff?
- Are Asian American students invited to participate on DEI and other law school committees and encouraged to advocate for themselves?
The Diversity within Diversity report is a laudable step towards documenting the vast diversity among Asian American law students. Disaggregating the data for Asian ethnic subgroups–done for the first time through this 2016 survey–helps to reveal the scope of this diversity and illustrates the need for more research about law students of Asian descent. On the occasion of Asian American and Pacific Islander Heritage Month, we urge law schools to share this data with their communities and engage in a self-assessment to identify areas that need attention.
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[1] See Abby Budiman and Neil Ruiz, Key facts about Asian origin groups in the U.S., PEW RSCH CTR (Apr. 29, 2021), https://www.pewresearch.org/fact-tank/2021/04/29/key-facts-about-asian-origin-groups-in-the-u-s/.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] The term Asian American used in reference to law students described in the LSSSE data includes international students of Asian descent.
Law Student Stress and Anxiety
Are today’s law students just as stressed as yesterday’s law students? LSSSE has been tracking student stress levels for the last eight years with our optional Student Stress module. In addition to overall law school-related stress and anxiety, the module asks about anxiety and stress caused by teaching methods, competition with peers, financial concerns, and more.
The percentage of students who report high levels of stress and anxiety (rated as a 6 or a 7 on a seven-point scale) has remained fairly stable over the last several years. About half of all law students feel very high levels of stress. There was a marked increase in highly stressed students between 2020 and 2021, which is likely a byproduct of living through a year of COVID-19.
Stress about financial concerns has remained mostly stable as well. A little less than half of all students feel that financial concerns and student debt cause them “quite a bit” or “very much” stress or anxiety.
While stress levels have not changed considerably in the last several years, neither has the fact that some students are more likely to be stressed than others. Although African American and Latinx students experience only slightly higher levels of overall law school-related stress and anxiety relative to their white and Asian American peers, they are much more likely to be stressed about financial concerns. These fears are justified, given that the burden of student debt falls disproportionately on their shoulders.
Fortunately, most students do sense that their law school tries to help with stress management. In 2022, three-quarters of student said that their law school places at least some emphasis on ways to effectively manage stress and anxiety. Given high rates of substance misuse and mental health issues within the legal community, developing strong coping skills should remain a high priority for law schools and the future lawyers they serve.
Online Learning and Law Student Age
The 2020-2021 academic year was unlike any other, forcing students and instructors to adapt to a different way of living and learning. Prior to the pandemic, law schools were less likely than other sectors of academia to embrace online learning. But when it became clear that COVID was not going away, many law schools shifted to primarily online interactions. The Online Learning module, which debuted with the spring 2021 LSSSE survey administration, was developed to capture students’ perceptions and experiences with online classes during this peculiar academic year and potentially beyond. Although the abruptness of the transition to online learning and the external stressors inherent to pandemic life may make these data unique in some ways, in other ways they are an excellent starting point for law schools to learn about how to structure their curriculum to leverage the strengths of the online environment, even as traditional in-person learning resumes.
What types of online learning experiences were law students having in 2020-2021? Nearly all students who took online courses had at least some synchronous element in their courses. Nearly two-thirds of students typically had synchronous courses while another third experienced a mixture of synchronous and asynchronous content. Only about two percent of students typically received only asynchronous content.
Most law students were fairly comfortable with online learning. Seventy percent of students were mostly comfortable or very comfortable interacting with the instructor of their online courses, and around 65% felt similarly about interacting with the other students. About two-thirds of students were comfortable with online discussion tools such as discussion boards and forums and about two-thirds of students were comfortable with live online course discussions.
Interestingly, older students were more likely to be comfortable with virtually all aspects of online learning relative to their younger peers. In fact, comfort with online learning tools increased steadily across age brackets. The vast majority (86%) of students over 40 were comfortable participating in live online discussions compared to only around 62% of students 25 or younger.
This age discrepancy in participation exists in physical classrooms too. In 2019, before the widespread adoption of online law classes, 80% of students over age 40 often or very often asked questions in class or contributed to class discussions, compared to 48% of those 22 or younger and 54% of those between 23 and 25. In fact, students under age 30 may be somewhat more comfortable with online course discussions than in-person ones, even though their overall participation is less than that of their older classmates regardless of the class setting.
Older students were also more likely to be comfortable interacting with their peers and instructors online. Only 63% of students age 22 or younger were comfortable interacting with their instructors online, compared to a full 85% of students over 40. Among students between the ages of 23 and 25 (the most common age for a law student), less than two-thirds were comfortable interacting with other students in their online classes, compared to a full 78% of students over 40.
Although popular media tends to suggest that younger people are more adept with technology, the oldest Millennials – the first generation to live much of their lives online – are now in their forties. Perhaps these older students have adapted to so much online technology across their personal and professional lives that another pivot was not as disruptive as it was for their younger colleagues. Regardless of the reason, the LSSSE data show clearly that law schools should make a deliberate effort to support the technological skills and online engagement levels of their youngest students.
Guest Post: In Pursuit of a Healthy Work-Life Balance in Law School and Beyond
Guest Post: In Pursuit of a Healthy Work-Life Balance in Law School and Beyond
Jonathan Todres
Distinguished University Professor & Professor of Law
Georgia State University College of Law
An unhealthy work-life balance is an all-too-familiar phenomenon in law school, as well as for the legal profession. Mental health and substance use issues have been well-documented in the profession, and a breadth of research shows the detrimental effects of law school on many students’ well-being. All that was true before the COVID-19 pandemic inflicted its double burden—increasing the number of students who are suffering, and exacerbating the extent of harm experienced by those who were already struggling. Of course, there are many underlying causes that demand urgent attention, but an often-overlooked issue is the nonstop work culture of law school that discourages students from taking any time off.
Students need a break. In the 2021 survey administration of the Law School Survey of Student Engagement, nearly half of law students reported averaging five or fewer hours of sleep per night (including weekends). In addition, 43.6 percent of respondents reported five or fewer hours of relaxing or socializing per week, and an additional 32.1 percent reported only 6-10 hours of relaxing or socializing per week. Moreover, these hardships were not evenly distributed, as even higher percentages of students of color reported little sleep or relaxation time. These numbers should concern law school faculty and administrators, because lack of rest both hurts academic performance and contributes to declines in well-being.
If law students are going to achieve and maintain a healthy work-life balance, law schools cannot simply tell students to take care of themselves. Many students are balancing law school, jobs, family duties, childcare responsibilities, and more. This will be true even after the pandemic ends. “Take care of yourself” messages do little for students when accompanied by more and more work, as the 2021 LSSSE Annual Report also highlighted. Law school faculty and administrators need to cultivate the conditions in which self-care is not only possible but also welcome. A key component of that includes enabling students to take time off.
Last spring, I tried to do just that. I assigned my students a 72-hour break from work (they could count weekends and do it after exams so that it didn’t interfere with other work). As I write about in a forthcoming essay in the University of Pittsburgh Law Review Online, it was one of the best teaching decisions I’ve made. Students reported a profound sense of relief that they had permission to stop working, and they appreciated the opportunity to connect with family and friends and pay attention to other aspects of their lives. It bears noting that they also reported feeling guilty for not working. Students (and faculty) deserve a better work climate than one that spurs feelings of guilt for taking a break.
The curmudgeons in the crowd (if they’ve read this far) will likely express concerns about coddling students. My students had already worked hard. They had earned it, but more important, they needed it. Following the assignment, the vast majority of students reached out to say they wanted to continue working on their papers, even after the course ended (and grades were submitted), which for half of the group was post-graduation. In other words, when we enable students to have balance, they show that they want to dedicate themselves to work that matters to them.
The nonstop work culture of law school is not limited to students. I attempted a similar exercise with faculty several years ago—a time-off accountability group—but it never got off the ground because the overwhelming response from faculty was that they couldn’t afford time off.
Changing the culture of the law school is a major undertaking. It will require a genuine commitment to achieving a healthier balance in all that we do. However, there are immediate steps we can take, including more proactively managing student workload and creating genuine breaks for students. Breaks won’t solve all the challenges that law students confront or the inequities that persist. But they will allow students more time for family, friends, and self-care. Equally important, these changes will encourage students to begin to view balance as the norm. Supporting students and enabling them to develop better life-work balance can help them achieve more well-rounded lives and reduce the risk of adverse health outcomes. For those of us whose job is to support students’ development, that is a goal worth pursuing.
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Guest Post: The Imperative of Inclusive Socratic Classrooms
The Imperative of Inclusive Socratic Classrooms
Jamie R. Abrams, J.D., LL.M
Professor of Law, University of Louisville Brandeis School of Law
Legal education is navigating multiple reform initiatives that call for scalable and versatile approaches. Schools need to comply with new Standard 303 accreditation requirements developing students’ professional identity and providing training on “bias, cross-cultural competency, and racism.” Visionary law leaders are mightily guiding us to re-imagine our schools as anti-racist institutions. Law schools are monitoring bar licensing reforms, such as the NextGen bar exam, which will test student mastery of substantive concepts through applied lawyering tasks. Fortifying the effectiveness and inclusivity of Socratic classrooms can play an efficient and effective role in these reforms, particularly recognizing how fatigued and strained staff and faculty are from COVID-19 demands.[i]
Critical theorists have argued for over half a century that the Socratic method can foster classrooms that are competitive, hierarchical, adversarial, marginalizing, privileging, and constraining, particularly for women and students of color.[ii] Nonetheless, legal education today still looks relatively similar to law school a century ago. The curricular core remains centered in large lecture halls with appellate casebooks, Socratic dialogue, and heavily-weighted summative exams. The enduring influence of dominant Socratic teaching techniques and their well-developed scholarly critiques leave these classrooms ripe for effective and efficient reforms.
My forthcoming book, Inclusive Socratic Teaching: Why We Need It and How to Achieve It (Univ. of Calif. Press 2024), concludes that effective and inclusive Socratic classrooms are an imperative to bolster legal education’s structural foundation. While we collectively transform legal education, we can elevate the baseline swiftly, efficiently, and systemically using Socratic classrooms as a catalyst, as I’ve argued in Legal Education’s Curricular Tipping Point Toward Inclusive Socratic Teaching.
Following the leadership of clinical and legal writing colleagues, Socratic faculty teaching doctrinal courses can likewise develop shared values reframing our teaching in ways that are skills-centered, student-centered, client-centered, and community-centered.[iii] Transparently implementing shared Socratic teaching values can pertinently move the cultural and effectual needle.
Student-centered Socratic teaching is a vital component to inclusive and effective Socratic classrooms. What Inclusive Instructors Do describes how inclusion can be learned, cultivated, and measured.[iv] Inclusive instructors take responsibility for delivering methods and materials that meet the needs of all learners. They learn about their students and care for them. They continuously adapt to help students thrive and belong.[v]
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The annual Law School Survey of Student Engagement (LSSSE) is an important portal into examining the needs, challenges, and lived experiences of our students collectively, particularly as it reveals a changing climate. LSSSE’s 2021 Annual Report yields a critical call to action to support our students. It reveals how students are navigating heightened levels of “loneliness, depression, and anxiety.”[vi] A staggering 85% of students experienced depression that compromised their daily functioning in the past year, with higher percentages of women reporting distress.[vii]
Amid COVID-19, our students have navigated our courses worried about food security, particularly Latinx, Black, and Asian American students.[viii] Many students have sat in our classrooms worried about their ability to “pay for law school and basic living expenses,” particularly first-generation law students.[ix]
Paolo Freire’s Pedagogy of the Oppressed reminds us that “trusting the people is the indispensable precondition for revolutionary change.”[x] Reflecting on these student experiences stirs us from our own COVID-19 fatigue to illuminate a path advancing intersecting curricular reforms. While no professor can alleviate the essential external challenges of our students, we can fortify the dominant Socratic classroom experience to minimize its abstract perspectivelessness. Socratic classrooms can be student-centered, skills-centered, client-centered, and community-centered, pivoting from professor-centered, power-centered, and anxiety-inducing. LSSSE’s analysis, reinforced by our direct student engagement, inspires us to reform Socratic classrooms with students, not simply for students. Sensitized to our student experiences liberates us to disrupt the status quo knowing that all students might benefit from greater connection, intentionality, and applicability in our Socratic classrooms.
Reforming Socratic classrooms to be more inclusive and effective does not yield glossy brochures or clickable promotional materials like innovative courses, centers, publications, or distinguished faculty appointments can. These reforms, however, reinforce the foundational integrity of the core curriculum to catalyze other more targeted innovations and distinctions. Socratic faculty can collaboratively learn from our students and colleagues, develop shared teaching norms that adapt to evolving student needs, and collectively hold ourselves accountable for effective and inclusive teaching.
[i] Meera E. Deo, Investigating Pandemic Effects on Legal Academia, 89 Fordham L. Rev. 2467 (2021); Meera E. Deo, Pandemic Pressures on Faculty, 170 Pa. L. Rev. Online – (2022), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4029052.
[ii] See e.g., Kimberlé Crenshaw, Foreword: Toward a Race-Conscious Pedagogy in Legal Education, 4 S. Cal. Rev. L. & Women’s Stud. 33, 34 (1994); Jamie R. Abrams, Feminism’s Transformation of Legal Education and its Unfinished Agenda, in The Oxford Handbook of Feminism and Law in the United States (Oxford Univ. Press, Eds. Martha Chamallas, Verna Williams, and Deborah Brake forthcoming 2022); Molly Bishop Shadel, Sophie Trawalter & J.H. Verkerke, Gender Differences in Law School Classroom Participation: The Key Role of Social Context, 108 Va. L. Rev. Online 30 (2022).
[iii] See Jamie R. Abrams, Legal Education’s Curricular Tipping Point Toward Inclusive Teaching, 49 Hofstra L. Rev. 897 (2021); Jamie R. Abrams, Reframing the Socratic Method, 64 J. Legal Educ. 562 (2015).
[iv] Tracie Marcella Addy, Derek Dube, Khadijah A. Mitchell & Mallory E. SoRell, What Inclusive Instructors Do 4 (2021).
[v] Id. at x (foreword).
[vi] Meera E. Deo, Jacquelyn Petzold, and Chad Christensen, The COVID Crisis in Legal Education, Law School Survey of Student Engagement Annual Report 5 (2021).
[vii] Id. at 12.
[viii] Id. at 5.
[ix] Id.
[x] Paolo Freire, Pedagogy of the Oppressed 34 (1973).