This Time It's for Real: Using Law-Related Current Events in the Classroom1
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Vol. 20 | No. 1 | Fall 2011
Cite as: Amy R. Stein, This Time It’s For Real: Using Law-Related Current Events in the Classroom, 20 Perspectives:
Teaching Legal Res. & Writing 1 (2011).
This Time It’s for Real: Using Law-Related
Current Events in the Classroom 1
By Amy R. Stein
Amy R. Stein is a Professor of Legal Writing, Legal Writing Program Coordinator, and Assistant Dean for Adjunct
Instruction at Hofstra University School of Law.
Using law-related current events in the classroom is a great way to engage first-year students,
as well as help them develop the habit of keeping up-to-date on the current state of the law.
A legal writing teacher does not have to look far to find real news stories with a legal angle
that provide a teachable moment. Using the same factual scenario throughout the semester to
illustrate various legal writing concepts provides continuity and gives the students the sense
that they are representing an actual client.
I1use a series of stories from the New York Post right of sepulcher “seeks to assure the right of
about a dead schoolmate’s brain discovered in the decedent’s next of kin to have immediate
a jar on a class trip to the medical examiner’s possession of the body for preservation and
office2 and the ensuing lawsuit under the obscure burial, and it affords damages when there has
right of sepulcher doctrine3 The common-law been interference with that right. In such
cases, the recovery of damages for emotional
distress is permissible where it is alleged to have
1 Southside Johnny and the Asbury Jukes, This Time It’s for been caused by the negligent mishandling of a
Real, on This Time It’s for Real (Epic Records 1977). This article is corpse.”4 Obviously a story like this makes for
based on a presentation that I gave at the Capital Area Legal Writing
Conference held at George Washington Law School in February 2011.
lively class discussion, but it can also become
an excellent opportunity to teach students.
2 Doug Auer & Dareh Gregorian, Family Sues ME Office After
Discovering Son’s Brain was Removed, N.Y. Post, October 1, 2010, This article will discuss research, analysis,
http://www.nypost.com/p/news/local/staten_island/family_sues_
me_office_after_discovering_w3kzyPQ2nvV51MOaKcEh6O; writing and oral advocacy exercises that I
Doug Auer & Dareh Gregorian, Dead Staten Island Teen’s Brain on have created which integrate this real fact
Display at Morgue, N.Y. Post, October 2, 2010, http://www.nypost.
com/p/news/local/staten_island/brainless_move_by_the_coroner_ pattern into the curriculum. The exercises
QUIOnajLCVtBIpOBIrVL5O; Reuven Fenton & Dareh Gregorian, all function independently of each other, so
Parents’ Haunted by ‘Brain in Jar’, N.Y. Post, October 8, 2010, http://
www.nypost.com/p/news/local/staten_island/frankenstein_
tqPx1hyTwp6bZ0hLnXrbeL.
3 Shipley v. City of New York, No. 101114/06, 2009 WL 7401469
(N.Y. Sup. Ct. March 4, 2009)(Trial Order); Shipley v. City of New 4 Shipley v. City of New York, No. 101114/06, 2009 WL
York, 908 N.Y.S.2d 425, 427 (N.Y. App. Div. 2d Dep’t 2010). 7401469 (N.Y. Sup. Ct. March 4, 2009)(Trial Order).
Published by West
as a service to the
Legal Community. continued on page 3 1
In This Issue
1 This Time It’s for Real: Using Law-Related Perspectives: Teaching Legal Research and
Current Events in the Classroom Writing is published in the fall, winter,
Amy R. Stein and spring of each year by West.
8 Should Laptops Be Banned? Providing
Editor
a Robust Classroom Learning Experience Within
Limits Mary A. Hotchkiss
Robin A. Boyle University of Washington School of Law
and the Information School
14 The Long and Winding Road: Developing
Seattle, Washington
an Online Research Curriculum
Jessica L. Clark and Nicole Evans Harris Editorial Board
Elizabeth Edinger Helene S. Shapo
Brutal Choices in Curricular Design …
Catholic University of Northwestern University
20 Going Live: The Pros and Cons of Live America Law Library School of Law
Critiques Washington, D.C. Chicago, Illinois
Alison E. Julien Penny A. Hazelton Craig T. Smith
University of Washington University of North
26 The Subtext of Citation: Helping First- School of Law Library Carolina School of Law
Year Law Students Understand the Substance of Seattle, Washington Chapel Hill, North Carolina
Legal Citation Judith Meadows Kay Todd
Elizabeth A. Keith and Julia C. Colarusso State Law Library Paul Hastings Janofsky
of Montana & Walker
31 Harvesting Relevant Cases on Lexis and Helena, Montana Atlanta, Georgia
Westlaw: Comparing Results Kathryn S. Mercer
Mary Whisner Case Western Reserve
University School of Law
Legal Research and Writing Resources:
Cleveland, Ohio
32 Recent Publications
Kathyrn S. Mercer
Opinions expressed in this publication are those of the
41 Index to Perspectives: Teaching Legal authors and should not be attributed to the Editor, the
Research and Writing, Volumes 1-19 (1992-2011) Editorial Board, or West.
Mary A. Hotchkiss Authors are encouraged to submit brief articles on
subjects relevant to the teaching of legal research and
writing. The Perspectives Author’s Guide and Style
Sheet are posted at west.thomson.com/signup/
newsletters/perspectives/perstyle.aspx.
Manuscripts, comments,
and correspondence should be sent to:
Mary A. Hotchkiss , William H. Gates Hall, Box 353020,
Seattle, WA, 98195-3020. Phone: 206-616-9333
Fax: 206-543-5671 E-mail: hotchma@uw.edu
west.thomson.com/journal/perspectives
Published by West as a service to the
Legal Community.
2 Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
3
continued from page 1
you can use one or more of them depending the accident that killed Jesse. Shortly after the
on the amount of time you have available. students returned from the trip, they told Shannon
what they had seen. “She couldn’t believe it,” her
The Client’s Story dad said, she was “very hysterical.” 10 A day or two
On January 9, 2005, 17-year-old high school student after the class trip, on March 9, 2005, two doctors
Jesse Shipley was tragically killed in an automobile
accident on Staten Island.5 On January 10, 2005,
from the Medical Examiner’s Office dissected
and examined Jesse’s brain, and issued a report “March
In early
2005,
an autopsy was performed on Jesse’s body with the confirming Dr. de Roux’s findings from two months
consent of his father.6 Following the completion earlier. When subsequently asked about the reason approximately
of the autopsy, a wake and a funeral service were for the two-month interval between the autopsy
held, with Jesse’s remains thereafter buried in a and the examination of Jesse’s brain, Dr. de Roux two months after
Roman Catholic cemetery on January 13, 2005.7 explained, “I wait months, until I have six brains, Jesse’s funeral, a
Unbeknownst to Jesse’s family, his brain was not and then it’s kind of worth [Dr. Mena’s] while to
returned with the body, even though Dr. Stephen de make the trip to Staten Island to examine six brains. group of forensic
Roux of the Medical Examiner’s Office (hereinafter It doesn’t make sense for him to come and do one.”11
science students
“ME”) had already concluded that Jesse’s death had
The family received a copy of the autopsy report on
resulted from multiple blunt impacts to the head from Jesse’s high
May 31, 2005.12 Among the allegations contained in
during the accident which produced skull fractures
the complaint was that the undisclosed withholding school was on a
and brain hemorrhages.. Rather, it had been
of the brain had necessitated a second funeral: “The
removed at the time of the autopsy and, according field trip at the
Shipley’s were informed by their priest, that their
to the autopsy report signed by Dr. de Roux on May
son’s burial was not proper without the remaining Richmond County
16, 2005, it was “fixed in formalin for [subsequent]
”
body parts. Because of this, the Shipley[s] had to
neuropathologic examination and reporting.”8
go through another anguishing funeral service
Mortuary.
In early March 2005, approximately two months for their son.” 13 The second funeral service was
after Jesse’s funeral, a group of forensic science described as “macabre,” with “jars holding the
students from Jesse’s high school was on a field trip teen’s brain and other tissue samples being buried
at the Richmond County Mortuary. “During their in a small casket atop the one with his body.”14 On
tour of the facility, the students entered a room in March 31, 2006, Jesse’s parents and sister Shannon
which there was, among other things, a cabinet sued the City of New York and the Medical
containing various human organs in specimen jars. Examiner’s Office, seeking to recover damages
Some members of the group observed that one for the emotional injuries they suffered as a result
of the jars held a human brain in a formaldehyde of the alleged mishandling of and interference
solution. In what can only be described as a surreal with the proper disposition of Jesse’s remains.15
coincidence, the label on the jar indicated that
Hard as it is to believe, at the same time that the
the brain was that of Jesse Shipley, a circumstance
Shipley case was making news, a similar case
which evoked strong emotional reactions from
some of the students who were present.”9 Jesse’s
younger sister, Shannon, was in the car during
10 Reuven Fenton & Dareh Gregorian, Parents’ Haunted by
‘Brain in Jar’, N.Y. Post, October 8, 2010, http://www.nypost.com/p/
news/local/staten_island/frankenstein_tqPx1hyTwp6bZ0hLnXrbeL.
5 Shipley, 908 N.Y.S.2d at 427. The sad facts of the Shipley case 11 Shipley, 908 N.Y.S.2d at 428.
were examined in depth by the Appellate Court; this factual summary
12 Id.
is taken in large part from the opinion.
13 Id.
6 Id.
14 Reuven Fenton & Dareh Gregorian, Parents’ Haunted by ‘Brain
7 Id.
in Jar’, N.Y. Post, October 8, 2010, http://www.nypost.com/p/news/
8 Id. local/staten_island/frankenstein_tqPx1hyTwp6bZ0hLnXrbeL.
9 Id. at 427-28. 15 Id.Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
4
was reported on by the Post.16 Vasean Alleyne, came to your office seeking counsel. The copies
an 11-year-old Queens resident, was killed by of the articles I post contain pictures of Jesse,
a drunk driver. Months after Vasean’s death as well as of his parents, which helps them to
in October 2004, his mother, Monique Dixon, understand that clients are real people with real
learned that she had buried her son without his problems, not just abstractions in a casebook.
“tooIt isearly
never
to
brain and spinal cord. She only learned that
the ME had retained her son’s organs when she
We discuss the facts of the case in great detail. I start
the process of conveying to students that an in-depth
read his autopsy report alone in her apartment.
knowledge of the facts is required in order to give
get students to She also held a second funeral to bury her
the client advice on how to proceed. For example,
son’s organs.17 Like the Shipleys, she sued the
understand that a student might state, “Jesse died in a car accident.
City of New York and the Medical Examiner’s
There was an autopsy. After the autopsy, the Medical
it is the job of a office for violation of the right of sepulcher.18
Examiner kept the brain when he returned the body.
Jesse was buried without his brain.” Yes, that is an
lawyer to solve Bringing the Story into the Classroom
accurate statement of the facts, but if that is all that
a problem for a Because this factual scenario implicates so many
the lawyer has extracted from their client, have they
”
different aspects of legal writing, I am able to weave
done an effective interview? Clearly the answer is no
client. it in throughout the semester. The advantage of
and we talk about what is missing from this simple
using a familiar factual setup means that I have a
exposition. We talk a bit about figuring out how to
go-to situation that I can rely on to demonstrate
ask good questions and, equally important, good
a particular concept. To date, I have been able to
follow-up questions. As a class, we focus in on one
use the Shipley case as a vehicle to discuss client
aspect of the topic and draft sample questions on
interviewing, research, analysis, drafting and oral
that topic. This makes students realize quite quickly
argument. All this from a few short newspaper
that starting out with broad questions - “How did
articles! Early in the semester to introduce the
you find out that the Medical Examiner had retained
problem to the class initially, I post links to the
Jesse’s brain?” - and then moving to the narrow that
relevant New York Post articles on the class Web
will elicit the most thorough responses - “What are
page and have them read them before class.
the names of the students who were on the class trip
to the ME’s office? What is the name of the student
Client Interviewing
or students who informed your daughter about the
It is never too early to get students to understand presence of Jesse’s brain in the ME’s facility? How
that it is the job of a lawyer to solve a problem was this information communicated to her?”. An
for a client. In addition to asking students to effective way to illustrate the importance of good
read the articles, I also assign them the chapter questioning is through a demonstration. Consider
on client interviewing in their book.19 We then asking a teaching assistant or a former student to
have a class discussion about client interviewing play the role of Mr. or Mrs. Shipley and run through
generally, and how you would treat Andre and a mock interview. This technique will graphically
Korisha Shipley, Jesse’s grieving parents, if they demonstrate the differences between effective and
ineffective questioning. While we are focused on
the attorney-client relationship, I touch lightly
16 Tim Perone & William J. Gorta, Numbskull ME in new on retainer agreements and predicting outcomes,
Head Case, N.Y. Post, October 3, 2010, http://www.nypost.
topics also covered briefly in the textbook.20
com/p/news/local/queens/numbskull_me_in_new_head_case_
fL2saEFGk5pFCqjga9aMxL.
I remind the students that there are two sides to
17 Id.
every story, and that they need to give some thought
18 Dixon v. City of New York, 908 N.Y.S.2d 433 (N.Y. App. Div.
2d Dep’t 2010).
19 Richard K. Neumann, Legal Reasoning and Legal Writing
Structure, Strategy, and Style 71-75 (6th ed. 2009). 20 Id.Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
5
to what position the Medical Examiner’s office excellent search term. Indeed, searching this term
will take, and what defenses they may raise. That takes them to the relevant section in New York
is a bit difficult for them to determine at this Jurisprudence,22 a New York treatise that they will
point, since the articles say very little about the likely use throughout their legal careers, as well
Medical Examiner, and focus primarily on the as to other commonly used national treatises.23
Shipleys. However, it is something they need to
continue to think about as we move forward. Legal Analysis “research
I always liken
to a
After locating the three relevant opinions as a
Research class, students are instructed to read and analyze scavenger hunt
I always liken research to a scavenger hunt where them prior to our next meeting. I ask them
you use each clue you obtain to take you to the next to prepare briefs for all of the cases, and to be where you use each
step in finding the final treasure. Because there prepared to discuss the relationship between the clue you obtain
are newspaper articles and reported decisions on trial and appellate court opinions in Shipley. We
both the Shipley and Dixon cases, this scenario is an start with the Dixon decision,24 because we can to take you to the
excellent vehicle for demonstrating this concept. I dispose of it quickly. That decision deals not next step in finding
”
ask a student to come to the front of the class and with the merits of the case, but with whether
serve as the researcher. First, the student types or not Plaintiff has filed a timely notice of the final treasure.
“Jesse Shipley” into the Google search bar. That claim, a prerequisite for bringing suit against a
turns up a host of news stories about the case, governmental defendant in New York.25 While
but not the court decisions. It also turns up a few this decision does not advance their understanding
articles about the Dixon case. Next, I have the of the right of sepulcher, it does provide me with
researcher run the same search in Google Scholar an opportunity to remind students that ignorance
and, miraculously, the Shipley trial and appellate of deadlines can lead to an impairment of their
opinions pop up. The Dixon case does not, though client’s rights, as well as legal malpractice claims.
typing in the names of either the decedent or his
We then move on to the two Shipley decisions. The
mother (both given in the newspaper articles) does
Trial Court denied defendants’ summary judgment
bring up that case. This is a wonderful opportunity
motion seeking dismissal for failure to state a
to talk about Google Scholar, its strengths (free!
cause of action.26 I ask the students to identify
free! free!) and weaknesses (no case updating), and
the two reasons the Court gives for denying the
to highlight the differences between free and fee-
motion, which are: 1) the City of New York “failed
based sources available on the Internet. We then
to establish as a matter of law that the decedent’s
run searches on both Westlaw and LexisNexis, and
brain was lawfully retained for scientific purposes,
students realize that these databases provide case
i.e., neuropathological examination, in light of the
updating, as well as links to many useful secondary
fact that the autopsy report concluded that the
sources. For example, when the students KeyCite
and Shepardize the Shipley cases, they are led to
the Dixon case. We also talk a bit about developing
22 18 N.Y. Juris. 2d Cemeteries and Dead Bodies § 88 (2d ed.
good search terms and a research plan, topics they
Supp. 2011).
are already familiar with from their research text.21
23 See, e.g., 25A C.J.S. Dead Bodies § 25 (2011); 22A Am. Jur. 2d
Once they look at either of the Shipley decisions,
Dead Bodies § 20 (2011).
they will see for the first time the phrase “right
24 Dixon v. City of New York, 908 N.Y.S.2d 433 (N.Y. App. Div.
of sepulcher,” which is the theory under which 2d Dep’t 2010).
plaintiffs’ are seeking recovery and clearly an 25 N.Y. Gen. Mun. Law § 50-e(1) (McKinney 2010).
26 Shipley v. City of New York, No. 101114/06, 2009 WL 7401469
(N.Y. Sup. Ct. March 4, 2009) (Trial Order) (citations omitted).
The Trial Court did dismiss the cause of action brought by Shannon
21 Amy Sloan, Basic Legal Research Tools and Strategies, 25-28, Shipley, finding that she lacked capacity to sue under the relevant
305-32 (4th ed. 2009). statute. The Shipley’s did not appeal this dismissal.Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
6
death was attributable to, inter alia, blunt impact the family to make an “informed decision” as to
injuries to the head, i.e., skull fractures;”27 and whether they bury the body without the missing
2) the City did not prove that they apprised the organs, or choose to wait until the removed organs
Plaintiffs that decedent’s brain had been removed are released to them. “This requirement, hardly
when they received his body for burial. “In fact, onerous in nature, strikes an appropriate balance”
“I ask
the City’s only proof on this issue, a copy of the between these two conflicting demands.33 The
If time permits, report notifying plaintiffs of same, was not even Appellate Division further finds that this lack of
the students typed until May 4, 2005, some four months after notification, coupled with the further anguish the
the plaintiff was buried. Thus, a question of fact parents suffered as a result of having to “endure” a
to take a moment exists as to whether or not the City unlawfully second funeral service “states a cause of action to
to reflect on where interfered with plaintiffs’ right of sepulcher.”28 recover for the violation of the right of sepulcher.”34
We then examine the Appellate Court’s treatment of
the case stands Drafting a Client Advice Letter
the case. While the Appellate Court disagreed with
right now. After If time permits, I ask the students to take a moment
the Trial Court’s finding that the City had failed to
to reflect on where the case stands right now. After
prove that the brain autopsy was authorized based
some discussion, some discussion, students come to the realization
on the cause of death, it affirmed that portion
that discovery has been completed and the issues
students come of the Order denying summary judgment to the
have been narrowed for trial. I suggest to them that
defendants on the right of sepulcher claim. The
to the realization now might be a good time to report to the client on
Court engages in a lengthy analysis of the statutory
what has happened, and see if they are interested
that..the issues powers and discretionary authority of the Medical
in having you pursue a settlement ahead of trial.
Examiner’s Office and concludes that they are
have been “extensive.”29 The Court also concedes “the long
We talk about some of the things that they will
want to report to the client: the fact that the vast
narrowed for recognized ... interest of a decedent’s kin in the
majority of cases settle before trial; which claims
”
remains of their decedent, and infringement upon
trial. that interest repeatedly has been acknowledged
survived summary judgment and which did not
and why; the emotional cost of having to testify
to be actionable.”30 The Court recognizes the
about these heart-wrenching events; and a broad
balance that must be struck between the medical
assessment of the monetary value of the case based
examiner’s right to exercise their discretion in how
on a review of other, similar cases.35 I then assign
they conduct an autopsy with the next of kin’s right
the reading material in their text on client letters,36
to preserve and bury the decedent’s remains once
and instruct them to work in pairs to draft a short
the “legitimate purpose for the retention of those
client advice letter.37 I collect their efforts, and
remains have been fulfilled.”31 The Court points
we also discuss them in class, time permitting.
out that the conflict in this case could have easily
been satisfied “by the simple act of notifying the
next of kin that, while the body is available for
burial, one or more organs have been removed for
33 Id. at 432.
further examination.”32 This would have allowed
34 Id.
35 According to the online docket for the Shipley case, there was a
final disposition on June 27, 2011, and the case was removed from the
27 Id.
calendar. Most likely, this means that there was a private settlement.
28 Id. New York State Unified Court System WebCivil Supreme Case
Information, http://iapps.courts.state.ny.us/webcivil/FCASSearch (last
29 Shipley v. City of New York, 908 N.Y.S.2d 425, 430 (N.Y. App. visited July 13, 2011).
Div. 2d Dep’t 2010). 36 Richard K. Neumann, Legal Reasoning and Legal Writing
30 Id. (citations omitted). Structure, Strategy, and Style, 267-71, 457-60 (6th ed. 2009).
31 Id. 37 For a collection of resources on client advice letters, see M.
Lisa Bradley, Implementation of Collaborative Assignments, 19
32 Id. at 431. Perspectives: Teaching Legal Research and Writing 186, fn. 14 (2011).Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
7
Oral Argument five minutes is more than enough, after all this
The final way in which I use the fact pattern is as exercise is just meant to be an hors d’oeuvre, the
an oral argument exercise. Since I don’t grade it, main course will come in the spring semester
this is an easy, non-threatening way to introduce with their appellate argument. Students who
the students to oral advocacy. I ask each student are very confident in their oral skills will either
“real,
to imagine that they are a busy trial judge who gain more confidence or realize that perhaps
has just read the parties’ briefs on the summary they were overconfident; those students who are Integrating a
judgment motion. I give the students two index terrified of public speaking will hopefully realize client-based
cards and I instruct them to write on one card that it’s probably not quite as bad as they feared.
the two things they feel they must hear from the factual scenario
plaintiffs attorney, and two things they must hear Conclusion into the legal
from the defense lawyer on the other. I assume Integrating a real, client-based factual scenario into
the role of trial judge and ask the students to come the legal writing classroom is a successful strategy writing classroom
up in pairs and represent the interests of one or for both the professor and the student. It helps the is a successful
the other side. I question them from the cards. professor to model the concepts being taught in a
Then, I ask them to switch sides so they get to concrete, relatable way. It provides students with strategy for both
argue from both perspectives because being an a fun and interesting vehicle for developing their
the professor and
”
effective advocate means being able to articulate research, writing, and oral advocacy skills. It also
all sides of an argument, even if it isn’t a position helps them begin to develop an understanding the student.
that you agree with. Giving each pair of students of what it truly means to represent a client.
Another Perspective
“From the moment I began teaching legal ethics, just about twenty years ago, I began with “stories
ripped from the headlines” by writing role-plays, based on real cases, to place students in the actual
role of having to make a legal ethics choice in a simulated situation (so that no real consequences
would flow therefrom and possibly hurt a client, but in which a student would feel and experience
what making a choice of behavior was like). My students have been prosecutors, divorce lawyers,
class action lawyers, legal aid lawyers, public defenders, corporate lawyers, labor union lawyers,
clients, disciplinary board members, paralegals, associates, partners, cabinet officers, public
officials, candidates for public offices or judgeships, judges, political radicals and conservatives,
truth tellers and truth exaggerators. They have negotiated, counseled, examined witnesses, tried
and decided cases, presided over office meetings, testified to committees and administrative
agencies, lobbied and made decisions about who gets hired, fired and who gets legal services.”
Carrie Menkel-Meadow, Forward. Telling Stories in School: Using Case Studies and Stories to Teach Legal Ethics, 69
Fordham L. Rev. 787, 814-815 (2000).Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
8
Cite as: Robin A. Boyle, Should Laptops be Banned? Providing a Robust Classroom Learning Experience Within Limits, 20
Perspectives: Teaching Legal Res. & Writing 8 (2011).
Should Laptops Be Banned? Providing a
Robust Classroom Learning Experience
Within Limits
By Robin A. Boyle As a result, some law professors have banned laptop
“a moderate
...I advocate Robin A. Boyle is Assistant Dean for Academic Success
and Professor of Legal Writing, St. John’s University
use in their classes,45while others have allowed
laptop use with restraint.56 Research reveals that
School of Law* laptops are beneficial for those whose learning
position: style complements their use; laptop use may also
Introduction slightly benefit all students, regardless of learning
Professors should style.67 Because laptops appeal to both tactual-78and
Technology1abounds*today’s law students. Laptops,
permit laptops iPods, iPads, and BlackBerrys are just a few of the visual-oriented learners89and may additionally
newly developed modes of communication, note- benefit the whole class regardless of learning-
in the classroom, style preferences, I advocate a moderate position:
taking, and music-storing devices that creep into
but subject to our vocabulary – and students’ backpacks.12 Given Professors should permit laptops in the classroom,
the competitive nature of law school, students but subject to controls that can channel benefits
controls that can and minimize distractions.910 Particularly for a
understandably bring laptops to class hoping to
channel benefits maximize their performance. Unfortunately for skills class, such as Legal Research and Writing, it
all involved, students use their laptops beyond would be crippling to ban laptops. For casebook
and minimize courses, some students, if not all, would benefit
the task of note-taking. The distractions that
distractions.
” present themselves in class have led law professors
to complain on various fora about the frequency
from continued use of laptops - within limits.
Learning-Style Model
of laptop use in the classroom.23 Some posit that
students’ inappropriate use of laptops in the “Learning style” is “the way in which each person
classroom has exceeded acceptable limits.34 begins to concentrate on, process, and retain new
4 See Kevin Yamamoto, Banning Laptops in the Classroom: Is it
Worth the Hassles? 57 J. Legal Educ. 477 (2007) (describing his reasons
and experience banning laptops in his tax class); Nancy G. Maxwell,
* Special thanks to Prof. James Levy; Profs. Kathryn Stanchi and From Facebook to Folsom Prison Blues: How Banning Laptops in the
Classroom Made Me A Better Law School Teacher, 14 Rich. J.L. &
Richard Neumann, leaders of the ALWD Writers’ Workshop, held
Tech. 4 (2007).
at Hofstra Law School; Prof. Amy Stein, chair of the HofstraWriters’
Workshop; Paul Skip Laisure, Esq.; Research Assistants Christopher 5 See, e.g., Kristen Murray, Let Them Use Laptops: Debunking the
Linden, Joel Acevedo, and Alison Weintraub; and the late Dr. Assumptions Underlying the Debate over Laptops in the Classroom, 36
Rita Dunn. Comments, questions, and suggestions are welcome - Okla. City U. L. Rev. 185 (2011).
boyler@stjohns.edu.
6 See Maureen Martini, An Analysis of the Relationship(s) Between
1 See generally M. H. Sam Jacobson, Paying Attention or
and Among Computer-Assisted Instruction, Learning Style Perceptual
Fatally Distracted? Concentration, Memory and Multi-Tasking in Preferences, Attitudes, and the Science Achievement of Seventh Grade
a Multi-Media World, 16 Legal Writing: J. Legal Writing Inst. 419 Students in a Suburban, New York School District 15-16 (1986) (Ed. D.
(2010) (describing problems associated with fast-paced technology dissertation, St. John’s University) Dissertation Abstracts Int’l, 47, 877A
and students’ developing minds). (on file with author).
2 E.g., 2008 AALS Annual Meeting by the Section on Teaching 7 See id. at 15-16 (explaining that to study students’ ability to
Methods, called Attractions and Distractions: Student Use of Laptop absorb tactually, she provided a lesson through computer-assisted
Computers in the Classroom, which was held in N.Y., N.Y. instruction); Robin Boyle & James B. Levy, The Blind Leading the
3 See Jeff Sovern, Law Student Laptop Use During Class for Blind: What If They’re Not All Visual or Tactile Learners? 22(2) The
Second Draft 6 (2008).
Non-Class Purposes: Temptation v Incentives, draft posted http://
papers.ssrn.com/sol3/papers.cfm?abstract_id=1805107 (last 8 See Martini, supra note 6, at 15-16 (explaining how visual
visited July 2, 2011) (“This study has found that many students learners prefer to learn through use of pictures, diagrams, books, and
are significantly distracted in law school classes.”); Carrie B. Fried, “resources that require reading and seeing”).
In-Class Laptop Use and Its Effects on Student Learning, 50(3)
Computers & Educ. 906, 910 (2008) (reporting that laptop users 9 See generally Jana R. McCreary, The Laptop-Free Zone, 43 Val.
admitted to spending an average of 17 minutes of a 75-minute class U. L. Rev. 989, 1016 (2009) (concluding that both global and analytic
on something other than note-taking). learners “can benefit from using a laptop in a classroom” ).Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
9
and difficult information.”1011A learning-style learn best by taking notes traditionally, such
model developed by Drs. Rita and Kenneth Dunn as with pen and paper or on chart paper.1516
(“Dunn and Dunn Model”) is based upon more The visual element is also included within the
than three decades of research spanning 135 category of Perceptual Strengths. The Dunn and
institutions of higher education throughout the Dunn Model, along with Building Excellence,
world. Currently, the Model includes 26 learning-
style elements.1112These 26 variables are subdivided
an online assessment tool,1617distinguish
between visual-picture learners1718and visual-text
“studies
Numerous
have
into six stimulus strands: Perceptual, Psychological, learners.1819Visual-picture learners learn best
Physiological, Emotional, Environmental, and if they create or refer to “pictures, flowcharts, found that
Sociological.1213Researchers have verified and or graphs.”1920Visual-text learners prefer text in
offered independent “empirical support of the handouts, overheads, or casebooks to help them
students learn
efficacy of the Dunn and Dunn methodology.”1314 retain an auditory presentation or lecture.2021Not all best when
The tactual element is included within the larger adults are visual learners, but those who are “can
remember 75 percent of the academic information taught with
category of Perceptual Strengths.1415Tactual learners
need to handle and manipulate instructional
materials in order to best absorb new and
they have read during a 30-40 minute interval.”2122
‘rather
complementary,
than
difficult information. During lectures, tactual Is There Validity to the Theory that Matching
Instructional Strategies to Individual
learners retain the information best if they
Learning Style Improves Learning?
dissonant,
engage in small motor skills. Tactual learners
Numerous studies have found that students learn instructional
’”
best when taught with “complementary, rather than
dissonant, instructional strategies.”2223Although
strategies.
10 Rita Dunn & Shirley A. Griggs, Multiculturalism and Learning
Style: Teaching and Counseling Adolescents 14-15 (1998); See Rita “[i]ndividuals differ in how they absorb and
Dunn & Kenneth Dunn, Teaching Secondary Students Through Their process new and difficult information,” the
Individual Learning Styles: A Practical Approach for Grades 7-12, 2
(1993) (applicable to adults as well as young learners). material is best absorbed and processed according
11 See the learning-styles website at www.learningstyles.net (last
to their primary learning-style strengths.2324Study
accessed on July 2, 2011); Susan Rundle & Andrea Honigsfeld, with after study indicates patterns between academic
Rita Dunn, Building Excellence: An Educator’s Guide to the Learning achievement and learning style, giving researchers
Individual (2007).
12 See Rundle, Honigsfeld, with Dunn, supra note 11, at 8-9.
Perceptual Strengths includes auditory, visual, tactual, and kinesthetic
preferences. Psychological Strengths includes global v. analytic 15 See Rundle & Honigsfeld, with Dunn, supra note 11, at 23.
processing, impulsive v. reflective. Physiological Strengths include
time-of-day energy levels, food or liquid intake, and mobility while 16 For more information, go to www.learningstyles.net (last
learning. Emotional Strengths include motivation, persistence accessed July 2, 2011).
(completing one task at a time or multi-tasking), responsibility
(conformity v. nonconformity), and structure. Environmental 17 See Rundle & Honigsfeld, with Dunn, supra note 11, at 18-19.
Strengths include sound, light, temperature, and furniture/seating
18 See id. at 20-21.
design. Sociological Strengths include learning in alone/pairs/
groups, with/out an expert, and variety of ways v. consistent patterns. 19 See id. at 19.
Id.; Robin A. Boyle & Rita Dunn, Teaching Law Students Through
Individual Learning Styles, 62 Alb. L. Rev. 213, 224-25 (1998) 20 See id. at 21.
(after assessing the learning styles of first-year students at St. John’s
University School of Law, concluded that “law students were diverse 21 Rita Dunn, Armin P. Thies, Andrea Honigsfeld, Synthesis of
in their learning styles”). the Dunn and Dunn Learning-Style Model Research: Analysis from a
Neuropsychological Perspective 8 (2001) (St. John’s University, School
13 Ralph A. Terregrossa, Fred Englander, and Zhaobo Wang,
of Educ. & Hum. Serv.).
Why Learning Styles Matter For Student Achievement in College
Economics, 9(1) J. Economic Educators 16, 30 (Summer 2009). 22 Id. at 9; Dunn & Griggs, supra note 10, at 20 (“When
adolescents were introduced to new material through their perceptual
14 See Patricia Murphy Raupers, Research on Perceptual
preferences, they remembered significantly more than when they
Strengths: I See What You Mean; I Hear What You Say; Are You were introduced to similar material through their least-preferred
Staying in Touch? Are You Moving My Way? in Synthesis of the modality.”)
Dunn and Dunn Learning-Style Model Research: Who, What, When,
Where, and So What? 23, 23 (Rita Dunn & Shirley A. Griggs, eds., 3d 23 Dunn, Thies, & Honigsfeld, supra note 21, at 9; Dunn &
ed. 2007). Griggs, supra note10, at 7.Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
10
further cause to believe that learning style learning complements their learning style, one
and brain functions are connected.2425 can deduce that laptop use in the classroom
would provide a benefit to those students who
For example, Ralph Terregrossa and others
prefer tactile and visual learning. Researcher
recently found that “learning style characteristics
Maureen Martini proved just that.
“is[C]omputer
of students [in a college economics course] do
use appear to have a significant relationship to the
Is Computer Use both Tactual and Visual?
both tactual students’ achievement.”2526These researchers
According to Maureen Martini’s study,3132computer
inferred that student performance can be positively
and visual. It is influenced by conveying the subject material in
use is both tactual and visual. It is tactual
because of the user’s heavy reliance upon
tactual because of a congruent manner to the learning style of the
using one’s hands, and it is visual because
students.2627Similarly, in a study involving adults,
the user’s heavy Joanne Ingham found that when truck drivers,
of the images projected on the screen.
mechanics and managers were taught using an Martini’s study focused on computer usage
reliance upon
instructional style that matched their learning-style and the matching and mismatching of students
using one’s hands, preferences, they learned significantly more.2728 with instructional strategies. She studied the
“relationship(s) between perceptual learning style
and it is visual Researchers had similar findings for college
characteristics and computer-assisted instruction
students. Rachelle Maltzman found positive
because of the and the effects of matched and mismatched
results when she taught developmental
conditions on student achievement in science
images projected college students reading and writing using
and attitudes toward each strategy.”3233Specifically,
”
instructional strategies that complemented
on the screen. their learning style.2829Regina Rochford also
after assessing the learning styles of seventh
grade subjects, she ascertained which ones were
taught developmental college students with
auditory, tactual, or visual, among other learning-
instructional materials that complemented
style elements.3334In one part of the study, Martini
their learning-style preferences.2930Rochford
provided the same science content to students in
found statistically higher writing-test scores in
ways that complemented their learning styles. For
her study results when the students’ materials
instance, auditory-preferenced students received
complemented their learning style.3031
the subject matter by means of a cassette and
Thus, if students’ understanding of course tape recorder.3435The tactual students received
content improves when the method for computer-assisted instruction by “drill and
practice, tutorials, simulation, problem solving,
games, testing and evaluation, diagnosis and
prescription.”3536The visual students received the
24 See generally Dunn & Griggs, supra note 10, at 15.
same science content as the other two, but through
25 Terregrossa, et al., supra note 13, at 29.
26 Id.
27 Joanne M. Ingham, Matching Instruction with Employee
Perceptual Preference Significantly Increases Training Effectiveness,
31 Martini, supra note 6.
2(1) Human Resource Development Q 53, 62-63 (Spring 1991).
32 Id. at 11. Students’ attitudes in conjunction with their
28 Rachelle Maltzman, Effects of traditional versus learning-
style strategies on community college students’ achievement in and learning styles were explored in this study.
attitudes toward developmental reading and writing 153(2008) (Ed. 33 See id. The Learning Style Inventory was the assessment tool
D. dissertation, on file with St. John’s University). used in this study, which is based upon the Dunn and Dunn Model.
29 Regina Rochford, Effects of learning-style responsive Id. at 15-18, 69-71.
materials on underachieving remedial-writing students at an urban 34 See id. at 16.
community college (2004) (Ed. D. dissertation, St. John’s University).
Dissertation Abstracts Int’l, A64 (12) (on file with St. John’s 35 Id.
University).
30 Id.Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
11
presentation in written form.3637The study also non-computer setting.”4344Those with mobility and
mismatched students by random assignment.3738In tactile learning-style preferences showed significant
this way, students who were tactual, for instance, improvement in their math skills.4445Clarke
were given the content in either auditory (by using deduced that because the dominant trait of
a cassette) or visual form (reading materials). All tactile learners is the continuous hand activity,
students’ level of achievement in the subject matter
was determined by criterion-referenced tests.3839
this need was satisfied with the students’ hand
manipulation of the computer keyboard.4546
“findings
In applying the
of these
The results of the Martini investigation revealed Thus, students who underachieve academically
“the matching of individual students’ identified can improve their academic performance when
studies to law
perceptual preferences with complementary they are taught in ways that complement their students, we can
instructional methods increased science learning style.4647This is true for tactual (and
achievement test performance.”3940Martini kinesthetic) students whose learning-style predict that those
summarized her study: “[t]he results verified preferences are often overlooked in conventional who are tactual
the effectiveness of matching instructional schools. In applying the findings of these studies
methods with the diagnosed perceptual to law students, we can predict that those who and visual would
preference of individual students.”4041 are tactual and visual would benefit from laptop benefit from
use in the classroom because it complements
Martini also found that the computer-assisted
their learning style. To prohibit their use of laptop use in the
instruction “was most effective” for all three
categories of learners – auditory, visual, and
tactual – although it was more effective for tactual
laptops could actually retard their development.
Are Young Adults More Likely To Be Tactual
classroom...
”
students than for the other two.4142In applying
and/or Visual?
the Martini study to what we know about the
Studies have shown that Generation X is
diverse learning styles of law students, laptop
slightly more tactual than others. For example,
use during class may be somewhat beneficial for
researcher Renee Cambiano found that Baby
all students, but ideally for tactual learners.
Boomers would not find tactual engagement
Researcher William Clarke conducted a study (note-taking) as advantageous as would the
with low-skilled and below-average skilled Gen X population.4748Closer to home, Boyle
high school students, measuring whether their
math skills improved (or declined) when given
computer-assisted instruction.4243Clarke found
43 Id. at 81, 87.
that students improved “their math skills to a
greater extent in a computer setting than in a 44 Id. at 87.
45 Id.
46 See Haver Crosley, Effects of Traditional Teaching vs A
Multisensory Instructional Package of the Science Achievement and
Attitudes of English Language Learners Middles-School students
36 Id. and English-Speaking Middle-School Students, 86 (2007) (Ed. D.
dissertation, St. John’s University) (on file with author). Haver Crosly
.
37 Id. at 69 found that tactual/kinesthetic-preferenced middle-schoolers achieved
their best when using instructional materials (the content was
38 Id. at 16-17, 73-76. science) that were congruent with their learning styles.
39 Id. at 96 47 Renee Cambiano, Learning Preferences of the Age Cohorts:
Generation X, Baby Boomers, and the Silent Generation 15, 70
40 Id. at 104 .
(1999) (Ed. D. Doctoral Dissertation, University of Memphis) (on
41 Id. at 107 . file with author). She found significant differences between the Baby
Boomer Generation (birth years 1943-1960) and both the Gen Xers
42 William Robert Clarke, the effects of computerized instruction
(birth years 1961 – 1981) and the Silent Generation (birth years
on the improvement and transfer of math skills for low-skilled and 1925 – 1942) on tactual preferences. Her results indicated that Gen
below average-skilled sophomore students, considering student X and the Silent Generation “prefer to use manipulatives to learn
gender, ethnicity, and learning style preferences 5, 57 (1993) (ed. D. new information” and to engage in note-taking, which would be less
Dissertation, University of La Verne). effective for the Baby Boomers. Id. at 70. The population for the
Cambiano study was graduate students. Id. at 21.Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
12
and Ingham found that Generation Xers in instructional purposes while in class. Thus,
law schools are slightly more tactual than their professors should allow students to use their
professors.4849It is important to note that the laptops in their classrooms, but within limits.
percentage of those who strongly prefer to
To curb laptop distractions, professors
learn tactually or visually is small in any cohort.
“inform
could try a variety of approaches:
At the outset, This Author’s empirical studies of law students
conducted over a ten-year period indicate that @@ At the outset, inform students about reported
students only approximately 20 percent demonstrate a results from prior studies5354indicating that
about reported preference for tactual learning and fewer than students can be distracted by inappropriate website
that, 10 percent, are visual learners.4950Additionally, surfing and emailing during class.5455Explain
results...indicating Boyle, Minneti, and Honigsfeld found that that there are consequences for distractions.5556
that students can law students were less tactual compared with
@@ Give students notice of penalties5657for
their peers in other academic disciplines.5051
inappropriate laptop use, which could
be distracted by
include a ban for the entire class for the
Implications for the Classroom
inappropriate remaining class period (this sparks peer
Although teachers need to find their own pressure on the offending student).
website surfing homeostasis in their classrooms, the complete
prohibition of laptops is less than optimal for Announce, “All eyes on me!” when wayward
and emailing
@@
eyes focus on the monitors at unusual times.
”
tactual and visual learners who actually use them
during class. for appropriate purposes. When students are @@ Suggest, at appropriate times, to “close laptops.”5758
taught in ways that complement their learning
styles, they will improve academically.5152And, @@ Develop a written laptop policy and place the
as the Martini study5253indicated, there may be statement prominently on the course syllabus.5859
some benefit to all students, regardless of learning @@ Move the lecture along to a point where
style, who use laptops for note-taking and other the students need to interact with each
other or with pen and paper.
48 Joanne Ingham & Robin A. Boyle, Generation X in Law School:
How These Law Students are Different from Those Who Teach Them,
56 J. Legal Educ. 281, graphs A, B, & C (2006).
49 See Boyle & Dunn, supra note 12, at app. 2; Robin A. Boyle,
Bringing Learning-Style Instructional Strategies to Law Schools: 53 See, e.g., Sovern, supra note 3; Fried, supra note 3.
You Be the Judge! in Practical Approaches to Using Learning Styles
Application in Higher Education 158, 160 tbl. 17.4 (Rita Dunn and 54 See Tracy McGaugh, Laptops in the Classroom: Pondering the
Shirley A. Griggs eds., Bergin & Garvey 2000); Robin A. Boyle & Possibilities, 14 (3) Perspectives: Teaching Legal Res. & Writing 163
Lynne Dolle, Providing Structure to Law Students – Introducing (2006) (suggesting that professors first acknowledge to students that
the Programmed Learning Sequence as an Instructional Tool, 8 there is a potential problem with inappropriate laptop use in class).
Legal Writing: J. Legal Writing Inst. 59, at app. A (2002); Robin A.
Boyle, Karen Russo, and Rose Frances Lefkowitz, Presenting a New 55 See Fried, supra note 3, at 912 (suggesting that professors warn
Instructional Tool for Teaching Law-Related Courses: A Contract students about the pitfalls of inappropriate laptop use during class
Activity Package for Motivated and Independent Learners, 38 (1) time).
Gonz. L. Rev. 1, at app. A (2003); Robin A. Boyle, Employing Active-
56 See McGaugh, supra note 54.
Learning Techniques and Metacognition in Law School: Shifting
Energy from Professor to Student, 81 U. Det. Mercy L. Rev. 1, at app. 57 This Author has singled out one or two individuals and stated
A (2003); Robin Boyle, Jeffrey Minneti, and Andrea Honigsfeld, Law
flatly, “close your laptops” when these students were blatantly smirking
Students Are Different from the General Population: Empirical
and typing at inappropriate times. This curbing sets a tone for the
Findings Regarding Learning Styles, 17 (3) Perspectives: Teaching
rest of the class. I have also talked to students outside of class about
Legal Res. and Writing 153 (Spring 2009).
whether their use of laptops pertained to class matters.
50 See Boyle, Minneti, & Honigsfeld, supra note 49, at 158-59.
58 For example, I provide the following written policy on my
51 See Martini, supra note 6; Terregrossa, et al., supra note 13; syllabi: “Laptop policy: Students may use their laptops in class for
Matlzman, supra note 28; Rochford, supra note 29. purposes of taking notes or other academic work associated with
my course. Laptop use inconsistent with this policy may result in
52 See Martini, supra note 6. suspension of laptop privilege in class.”Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
13
@@ Have a laptop free zone by reserving certain @@ In the classroom, explore wikis and customized
rows for those with and without laptops.5960 polling features. The wiki will allow multiple
students to edit a document. A professor
The following approaches would
can pose a question on the poll function and
provide effective use of laptops:
students can send in “yes” or “no” responses.
@@ Have students use their laptops to draft
answers to exercises in casebook or in legal
@@ Encourage students to be creative in
designing a learning exercise in the form of
“can[L]aptops
provide
writing texts. (For my Contracts class, I
a game (a word game, crossword puzzle) or
have students draft an essay based upon a a classroom
PowerPoint slide show while in class.6061
former exam question. For my Legal Analysis
and Writing class, I have students draft an In conclusion, laptops can provide a classroom without walls.
application of law to fact paragraph. For my without walls. Students can research, create and
Students can
Drafting: Contracts class, I have students draft send documents during class, and edit written
a provision of a contract.) Then have students work-in-progress. This will benefit those whose research, create
send the drafts to an electronic assignment learning style is complementary with laptop
and send
drop box (TWEN or another forum, such use.6162And by setting proper limits, all students
as the professor’s email account), and allow may find their laptops beneficial for class use. documents
the class to view these drafts on a screen.
© 2011 Robin A. Boyle during class, and
Provide a live critique of work displayed.
Use Internet access for students to
edit works-in-
”
@@
research short legal questions in class. progress.
60 See Boyle, Russo & Lefkowitz, supra note 49. When my
@@ Use laptops to access the documents students appear to need a fresh way to approach material, such
you have previously posted (syllabus, as difficult concepts of contract building blocks or legal research,
I suggest that they create their own resources using the Contract
course materials, assignments). Activity Package. Id. I also include an open category for students to
come up with their own ideas. Often, they turn to their laptops and
create a game or slide show.
61 After reading this Article, my Research Assistant commented,
59 See McCreary, supra note 9, at 104 (advocating an optimum “I would feel crippled without a laptop in class.” His comment sums
learning environment because students have varied learning styles). up the point of this piece.
Another Perspective
“Whether managing distractions, minimizing stress, or maximizing sleep, the bottom line is that we
must attend to attending. Minds have always wandered, but our attention has never been more
challenged than in this multi-media, high-tech world. Media and technology must be our tools, not
our masters. Without learning to attend to the things that matter, we will be fatally distracted by
every beep, flash, and pop-up, and therefore, be unable to perform the sophisticated cognitive work
required of the study and practice of law. If the study and practice of law require attention, then
attention needs developing just like any other skill. Developing attention requires practice, self-
reflection, and diligence. …If professors find their students are not attending to the class material,
but instead are engaged in computer games, e-mail, instant messaging, and other technological
distractions, professors need to ask why. …The why may be that students are so used to being
distracted that they have not yet learned how to pay attention.”
M.H. Sam Jacobson, Paying Attention or Fatally Distracted? Concentration, Memory, and Multi-Tasking in a
Multi-Media World, 16 Legal Writing 419, 461 (2010).Perspectives: Teaching Legal Research and Writing | Vol. 20 | No. 1 | Fall 2011
14
Cite as: Jessica L. Clark and Nicole Evans Harris, The Long and Winding Road: Developing an Online Research Curriculum,
20 Perspectives: Teaching Legal Res. & Writing 14 (2011).
The Long and Winding Road: Developing an
Online Research Curriculum
“whyDo some
you wonder
By Jessica L. Clark and Nicole Evans Harris the legal education and law library literature,
students take few articles provide a practical response.2
Nicole Evans Harris is Head of Electronic Services,
advantage of all Jacob Burns Law Library at George Washington In this article, we strive to start filling that gap with
University Law School in Washington, D.C. a concrete approach to incorporating LexisNexis
the free training
Jessica L. Clark is an Associate Professor of Legal and Westlaw instruction into a first-year research
opportunities Research and Writing at George Washington University curriculum.3 Because LexisNexis and Westlaw
while others Law School in Washington, D.C. are library resources, our approach relied on
collaboration between LRW and the library in an
Have you ever wondered about the adequacy of
ignore even effort to foster a working relationship with the
your students’ online research skills? Do you
AMs. Through this collaborative relationship, we
mandatory know whether LexisNexis and Westlaw Academic
hoped to improve the delivery of online research
”
Account Managers (AMs) are actually providing
trainings? valuable research training to students and not just
instruction, and ultimately, to build our students’
research skills. First, we describe GW’s historical
using training sessions as marketing opportunities?
approach to LexisNexis and Westlaw training as
Do you wonder why some students take advantage
context for our recent curriculum development.
of all the free training opportunities while others
Second, we explain why we partnered with the
ignore even mandatory trainings? Have you
AMs in developing the research curriculum.
ever feared that students might get improper
Third, we discuss our goals and what we did to
academic assistance during training sessions by
reach them—or at least start down the path toward
asking questions related to their coursework?
reaching them. We then identify the benefits and
In pondering these questions at the end of the 2008- challenges of working with the AMs, and conclude
09 academic year, we—a legal writing professor with considerations for taking a similar approach.
and a librarian at George Washington University
Law School (GW, or the law school)—thought I. The Road to Nowhere: Disparate Learning
about how to incorporate LexisNexis and Westlaw in Online Research
training sessions into the first-year Legal Research At GW, the library manages the contractual
and Writing (LRW) curriculum. Of course, agreements with LexisNexis and Westlaw,
these questions were only part of our motivation
to incorporate online research instruction into
the research curriculum. We were also driven
2 See, e.g., Robin K. Mills, Legal Research Instruction in Law
to effectively respond to ongoing reports of law Schools, The State of the Art or, Why Law School Graduates Do
students’ and graduates’ inadequate research Not Know How to Find the Law, 70 Law Libr. J. 343 (1977); Joan S.
Howland & Nancy J. Lewis, The Effectiveness of Law School Legal
skills.1 Though these reports have long been in
Research Training Programs, 40 J. Legal Educ. 318 (1990).
3 Of course LexisNexis and Westlaw are not the only online
research systems, but they “remain the dominant players in large
1 See, e.g., Blair Kauffman, Information Literacy in Law: Starting firms.” Laura K. Justiss, A Survey of Electronic Research Alternatives
Points for Improving Legal Research Competencies, 38 Int’l J. Legal to LexisNexis and Westlaw in Law Firms, 103 Law Libr. J. 71, 85
Info. 339, 342-43 (2010); Patrick Meyer, Law Firm Legal Research (2011). We plan to continue our development of the first-year research
Requirements for New Attorneys, 101 Law Libr. J. 297 (2009); Ann curriculum to include alternatives to LexisNexis and Westlaw, but
Hemmens, Advanced Legal Research Courses: A Survey of ABA- collaborating with LexisNexis and Westlaw was an obvious starting
Accredited Law Schools, 94 Law Libr. J. 209, 213 (2002). point for GW because of the historically heavy training commitments
by both services.You can also read
