480
Te(a)chnology: Web-Based
Instruction in Legal Skills Courses
Jayne Elizabeth Zanglein and Katherine Austin Stalcup
Law professors increasingly are using the Internet to supplement their
course materials and enhance their teaching skills.! They are using it to create
interactive, educational computer software,2 to provide a forum for peer
review of student work products/' to encourage collaborative learning,4 to
provide a structured out-of-classroom learningenvironment,s to foster a tighter
community of educators,6 to extend office hours,' to supplement and update
class materials,S and to promote faculty collegiality.9 But does Web-based
instruction work in the classroom? This is the question we set out to answer.
At Texas Tech University, Jayne Elizabeth Zanglein (Igaz@ttacs.ttu.edu) is the J. Hadley Edgar
Professor of law, and Katherine Austin Stalcup (Kathy.Stalcup@ttu.edu) is the technology program manager at the Teaching, Learning, and Technology Center.
1. Jurist, the Law Professors' Network, is "an on line forum where law professors can find
information important to their daily work as teachers and scholars ••••" Its Web site is <http:/
/jurist.law.pitt.edu> (visited Dec. 7, 1999). See also Michael A. Geist, Where Can You Go
Today? The Computerization ofLegal Education from Workbooks to the Web, 11 Harv.J.L.
&: Tech. 141, 143 (1997).
2.
See <http://lessons.caIi.org/cataloglhtml> (visited Dec. 7, 1999). The CALI "Library of
Lessons is a collection of over one hundred interactive computer-based lessons covering
twenty seven legal education subject areas."
3.
See <http://english.ttu.edu:80BO/-98> (visited Dec. 30, 1999).
4.
Lydia Pallas Loven, Collaborative Web-Based Course Materials: Bypassing Publishers and
Benefitting Students (1999), publishbl at <http://jurist.law.pitt.edu/lesnov99.htm> (visited
Dec. 7, 1999); Susan Brenner, Teaching a Virtual Law Class (1999), published at <http://
jurist.law.pitt.edu/lesmay99.htm> (visited Dec. 7,1999); PatrickWISeman, TheVirtual Teacher
(1998), publishbl at <http://jurist.law.pitt.edu/lesoct98.htm> (visited Dec. 7, 1999).
5.
See Robert M. Lawless, Takeovers That Overtake the Traditional Classroom: Web-Baslld
Simulations as a Law School Learning Environment (1998), published at <http://
jurist.law.pitt.edu/lesapr98.htm> (visited Dec. 7, 1999).
6.
StephenJohnson, The Environmental Law Teachers' Clearinghouse: An Academic Web Portal
(1999), publishbl at <http://jurist.pitt.edu/lessept99.htm> (visited Dec. 7, 1999).
7.
Pedro Malavet, Build It, and They Will Come: Using a Web Site as an Effective Extension of
Your Classroom and Faculty Office (1998), published at <http://jurist.law.pltt.edu/
lessep98.htm>·(visited Dec. 7,1999).
8.
See Loven, supra note 4; Laura Gasaway, The Indispensable Web (1999), publishbl at <http:/
/jurist.law.pitt.edu/lesaug99.htm> (visited Dec. 7, 1999).
9.
Spencer S. Boyer &: Gregory Alan Berry, Unlikely Buddies: FacultyWebsites Can Help Bridge
the Seniority Gap and Promote Collegiality (1999), publishbl at <http://jurlst.law.pitt.edu/
lesoct99.htm> (visited Dec. 7,1999).
Journal ofLegaI Education, Volume 49, Number 4 (December 1999)
HeinOnline -- 49 J. Legal Educ. 480 1999
Te(a)chnology: Web-Based Instruction i~ Legal Skills Courses
481
When we started on that path, we did not know much about learning
theories and pedagogy. Zanglein, a professor oflaw at Texas Tech, was at that
time a relative newcomer to the use of multimedia in education. Her 1975
bachelor's degree in music education qualified her to use mimeograph machines and film strips, and to teach students ages five to eighteen-skills not
very transferable to teaching law students in the 1990s. Theorizing that there
might be a vast literature on adult learning theory that she was unaware of,
Zanglein decided to experiment: she would use various multimedia in her
classes, evaluate their effectiveness, and then find outwhether the educational
literature explained why certain approaches were more effective than others.
Since Zanglein was not experienced in technology, she sought the assistance ofStalcup, the technology program manager at Texas Tech's Teaching,
Learning, and Technology Center. Together we developed a thesis: that Webbased technology can improve student learning and satisfaction in skills-based
courses because it allows students to choose among various sensory stimuli
according to their own learning styles. Our goal was to explore a variety of
technologies and attempt to accommodate a variety oflearning styles instead
of teaching to the prototypical law student.10
Tailored instruction often occurs in" primary and secondary education. In
contrast, law students are subjected to a one-size-fits-all teaching approach. ll
They are expected to learn by reading casebooks and attending classes taught
by the Socratic method, and to demonstrate their learning on essay exams and
multiple-choice tests.
The law school admissions committee assumes that an applicantwith a high
LSAT score and a high grade point average has succeeded in college and will
therefore succeed in law school. But such an applicant may have excelled in
college by taking courses from teachers whose methods suited his particular
learning style, and by choosing courses that interested him.12 As a first-year law
student he must take required courses that he mayor may not find interesting.
He must also workwith course materials whose style varies little from course to
course. Most textbooks are compilations ofappellate cases, followed by notes
and problems. Unlike undergraduate textbooks, law books do not typically
include photographs, charts, or color-coded graphs. They appeal primarily to
a student who learns by reading and writing; they are not geared toward the
visual learner. Our premise was that by using Web-based instruction we could
teach more effectively to all types oflearners.
In this article, we focus on several skills-based law courses and examine the
effectiveness of a few technologies in our traditional classroom. In part I we
10. See, e.g., Donna E. Arzt, Teaching to the Not Yet HTMIrConverted (1999), published at
<http://jurist.law.pitt.edu/le~un99.htm>
(visited Dec. 7, 1999). At that time we knew only of
auditory, tactile, kinesthetic, and visualleaming orientations.
11. Student participation in legal clinics is a general exception. See generally Brook K. Baker,
Learning to Fish, Fishing to Learn: Guided Participation in the Interpersonal Ecology of
Practice, 6 Clinical L. Rev. 1 (1999).
12. Throughout, we use masculine pronouns for the student and feminine pronouns for the
teacher.
HeinOnline -- 49 J. Legal Educ. 481 1999
482
Journal ofLegal Education
explore the various learning style theories that we researched during the
course of the project to explain our successes and failures. I5 Part II discusses
the pedagogical attributes of Web-based instruction. Part III reports on our
use of learning theory and technology in skiJ1s..based courses. In part IV we
assess our exploratory efforts, and in part V we suggest future directions.
I. How Students Learn
A. The Learnings.tyle Inventory
Rita and Kenneth Dunn created the Learning Style Inventory in 1975 to
assess the learning styles of students in grades five through twelve. It assesses
students' learning preferences in four areas:
(1) immediate environment (sound,light, temperature, and seating design);
(2) emotionality (motivation, persistence, responsibility/conformity, and need
for an internal or external structure);
(3) sociological factors (learning alone, in a pair, as part of a small group or
team, with peers, with an authoritative or collegial adult, and/or learning in a
variety ofways or in a consistent pattern); [and]
(4) physiological factors (auditory, visual, tactual, and/or kinesthetic
perceptual preferences; food or liquid intake, early morning, late morning,
afternoon, or evening time-of-day energy levels, and mobility needs; and
through correlationwith sound,light, design, persistence, peer-oriented, and
intake scores, indications of global (right) or analytic (left) cognitive/
psychological processing inclinations.[) ] 14
These factors are determined through a series of statements to which the
student is asked to respond, such as:
I study best when it is quiet.
I can ignore most sound when I study.
I like to study by myself.
The things I remember the best are the things I hear.
I think best when I work on hard tasks with a friend.
It's hard for me to sit in one place for a long time.J 5
The inventory classifies learners as "global" or "analytic."
[G]lobals appear to work with what teachers describe as distractors; they
concentrate better with sound (music or background talking), soft lighting,
an informal seating arrangement, and some form of intake. In addition,
1~.
There are many learning styles that we do not address, such as mastery learning. Bloom's
taxonomy of educational o~ectives, Kolb's theory of learning styles, cognitive learning
theory, and developmental learning theory. We have focused on perceptual learning theories because we hypothesized that computer technology was a good vehicle through which we
could tailor instruction to individual learning styles. See generally, e.g.,James A. Wakefield,
Jr., Using Personality to Individualize Instruction (San Diego, 1979).
14. See Rita Dunn Be Kenneth Dunn, Teaching Secondary Students Through Their Individual
Learning Styles: Practical Approaches for Grades 7-12, at 37-38 (internal citation omitted)
(Boston,I993).
15. It! at 41-42. A modified example of this test can be found at <http://www.hcc.hawaii.edu/
intranet/committees/FacDevCom/guidebk/teachtip/lernstyl.htm> (visited Dec. 7, 1999).
HeinOnline -- 49 J. Legal Educ. 482 1999
Te(a)chnorogy: Web-Based InstTUction in Legal Skills Courses
483
globals take frequent breaks while studying and often prefer to work on
several tasks simultaneously..•• Globals often preferlearning with their peers
rather than either alone or with their teacher, and also often prefer to
structure tasks in their own way; they tend to dislike imposed directives.16
The global learner is likely to be the applicant with the high LSAT score
who performs poorly in law school. Most students with an IQ higher than 145
are globallearners. 17 Most underachieving students are also globallearners.18
Analytic learners are the sort that every law school is trying to attract. This is
the student who performs well on the LSAT and then does well in law school.
It is as if the law school learning environment were developed by an analytic
for other analytic learners:
Analytics ••• tend to prefer learning in silence, with bright lighting, and a
formal design-a conventional classroom. They rarely eat, chew, drink, or
smoke while learning; instead, theyeatafterward. Analytics tend to be persistent;
they may not always startan assignment immediately, but once they tkJ begin,
they have a strong emotional urge to continue until the task is done or until
they come to a place where they feel they can stop.19
The ideal teacher adapts her lessons to reach both analytic and global
learners.20 Analytic learners prefer "details, rules, procedures, and directions;
they like specific, step-by-step instructions. Global learners ... are concerned
with end results; they need ••• the big picture; they like general guidelines,
variety, alternatives, and different approaches."21
The Dunns suggest ways to simultaneously teach global and analytic learners. 22 An analytic teacher who wants to reach global learners should introduce
class material with an anecdote that relates to the subject of the lesson. She
should allow collaborative learning during the class, perhaps forming small
groups to discuss problems or policy issues. She should use flowcharts, graphs,
and illustrations; global learners tend to be visual learners. They also tend to
be kinesthetic learners and respond well to role-playing and simulations.
Global teachers who want to meet the needs ofanalytic learners should also
use visual aids that reinforce verbal communication. They should write key
words on the chalk board. Analytic learners benefit from the written material
in slide presentations and class handouts. The teacher should explain, step by
16. Id. at 7.
17. Corinne O'Connor Cody, Learning Styles, Including Hemispheric Dominance: A Comparative Study of Average, Gifted, and Highly Gifted Students in Grades Five Through Twelve.
Doctoral dissertation, Temple University, 1983, abstracted in Dissertation Abstracts International,44,1631A.
18. Dunn Be Dunn, supra note 14, at 7.
19.· Id. at 47-48.
20. A teacher can use the Teaching Style Inventory to determine if she is meeting the needs of
both groups ofleamers. The test is reproduced in Dunn Be Dunn, supra note 14, at 414-25.
21. Id. at 102. Analytics are likely to ask questions like Will this be on the test? Should I doublespace or single-space? Does the page limit include the footnotes? Globals are more likely to
ask, What's the point of this? Can we take a break? Can we come back to this later?
22. See id. at 102-05.
HeinOnline -- 49 J. Legal Educ. 483 1999
Journal ofLegal Education
484
step, the standard or approach to be followed. Analytic students need to have
written directions and written notification ofassignments, test dates, and due
dates for assignments. Analytic learners also benefit from frequent testing and
prompt feedback. 23
B. IUght Brain/Left Brain Thernies
The Dunns' Learning Style Inventory implicitly relies on differences between the right and left hemispheres of the brain. Analytic learners are
predominantly left-brained learners. Global learners rely on the right side of
the brain. In Teachingfor the Two-Sided Mind Linda Verlee Williams describes
the functions of each hemisphere:
The left hemisphere processes sequentially, in a step-by step manner. This
linear processing is temporal or timMelated in that it recognizes that one
stimulus comes before another. Verbal perception and generation depend
on the awareness of the order or sequence in which sounds occur. Sequence is
important notonlyin decoding acoustic cues into words but in understanding
syntax as well, since the meaning of a series ofwords depends largely on the
order in which they occur. This type of processing relies on the ability to
discriminate the relevant features, to redtlCt a whole to meaningful parts-in short,
to ana9ze.
The right hemisphere appears to specialize in simultaneous processing or
processingin paralleL It does not move from one feature to another but instead
seeks patterns and gestalts. It integrates component paris and organizes them into a
whole•••• This method ofprocessing is most efficientfor the majority of visual
and spatial tasks and for recognizing musical melodies, since these tasks require
that the mind construct a sense of the whole by perceiving a pattern in visual
or auditory stimuli.24
The teacher should teach to both sides of the brain-that is, teach in a linear,
sequential manner, while providing opportunities for learners to detect patterns, use visual and spatial intelligences, and see the whole picture. Williams
suggests the following techniques for teaching to the right side of the brain:
VISUal ThinJcing. ••• Words, sentences, and paragraphs are not always the most
efficient ways to represent thinking. Many ideas are better expressed and
more easily understood through pictures, maps, diagrams, charts, and mind
maps..••
Fantasy. Another form.ofvisual thinking ... is fantasy, the ability to generate
and manipulate mental imagery. As a teaching technique, it can be used to
translate verbally presented material into images, making that information
more accessible and comprehensible to students.•..
Evocative Language. ••• Evocative language ..• is rich in associations, highly
sensual, and much less precise.... In each discipline there are basic concepts
which students mustleam and terms whose precise meaning it is important to
understand, but evocative language also has its place in school. Think, for a
moment, oflecturesyou've attended.You will probably find that the lecturers
who made the deepest impression were those who made effective use of
evocative language••••
Metaphor. ••• Metaphorical oranalogical thinking is the process ofrecognizing
a connection between two seemingly unrelated things. It does not proceed
23. See ill. at 104-05.
24. 25-26 (Englewood Cliffs, 198~).
HeinOnline -- 49 J. Legal Educ. 484 1999
Te(a)chnology: Web-Based InstTuttion in Ltgal Skills Courses
485
linearly but leaps across categories and classifications to discover new
relationships. ••.
Dina Expmma. •.. Dinet expnimce • •• presents students with an opportunity
to approach the subject more holistically...• Lahorakny experiments are one of
the most common examples. Fuld trips are another•••• Experience can be
created in a classroom through simulation and role playing. •••
Multisensory Learning. While both hemispheres process sensory stimuli, it
seems that stimuli that are nonverbal are processed primarily in the right
hemisphere. The role of the senses is another area that has been slighted
because of our tendency to equate thinking with verbal processes. Yet both
the sensory and motor systems playa role in learning ••••
Mwic. While music can be processed in either hemisphere, most listeners
seem to use their right hemispheres .•. .'15
By integrating such right-brain activities into classroom lessons, a teacher
can reach all students, notjust the left-brain analytical thinkers.
C. The Myers-Briggs Type Indicator
In 1942 Katherine Briggs and her daughter, Isabel Briggs Myers, developed
the Myers-Briggs Type Indicator, an inventory that categorizes personalities
according tojung's theory ofpersonality preferences.26 The MBTI asks a series
of questions, forcing choices between preferences, and scores the individual
on four poles:
Extroversion / Introversion
Sensing / Intuition
Thinking / Feeling
judging / Perceiving2"
Introversion and extroversion are different ends of the polar question:
"Where is your primary source of energy?" An extrovert primarily derives
energy from the outer world of activity and spoken words. An introvert's
primary source is the inner world of thoughts and emotions. Sensing and
intuition are at opposite ends of the question: "How do you prefer to take in
information?" Sensing people take in facts or details, while intuitive people
take in patterns and overviews. The thinking/feeling pole answers the question: "How do you prefer to make decisions?" Thinking people base decisions
on logical and objective considerations; feeling people's decisions are based
on personal values. judging and perceiving are opposite answers to the question: "How do you prefer to organize your life?" judging people prefer
structure; they like to make decisions and know where they stand. Perceiving
people are flexible; they prefer to discover life as they go along.
25. Id. at 30-!.?
26. Otto Kroeger &:Janet M. Thuesen, Type Talk at Work 6-7 (New York, 1992). See Carl G.
Jung, Psychological Types: or, The Psychologyoflndividuation 412-517 (London, 1923).
'1!1. See M. H. SamJacobson, Themes in Academic Suppon for Law Schools: Using the MyersBriggs Type Indicator to Assess Learning Style: Type or Stereotype? 33 Willamette L. Rev.
261, 265 (1997).
HeinOnline -- 49 J. Legal Educ. 485 1999
486
Journal ofLegal Education
Vemellia R. Randall has done considerable research on the use of the
MBTI in teaching law students. What follows is largely based on her article,
"The Mye~BriggsType Indicator, FirstYear Law Students and Performance."28
Randall notes that, typically, legal education favors the learning style of
introverts. While extrovertS generally do better at Socratic dialog, it is the
introverts who perform well on the written exams that usually determine
course grades. As Randall says, "much of law study involves thinking alone,
something introverts do well. "29
Randall suggests ways that teachers can encourage extroverts to do better in
law school. They should encourage extroverts to "fill their learning situation
with talking and discussion, activity and group work," and to "connect the
theories or facts with their own experience." Because extroverts tend to
perform better orally than in writing, they "should be encouraged to practice
writing exams and hypotheticals."so They should be encouraged to take clinical courses and skills courses.
Sensing students are better adapted to the study of law than intuitive
students. Sensing students focus on facts and details and strive for practical
and realistic solutions. Intuitives look at the big picture. They tend to be
idealists who want to change the world.
Randall notes that "sensing law students learn best when they are given
concrete examples that allow them to move abstract theory in a step-by-step
progression." They should be encouraged to use programmed interactive
computer-assisted legal instruction. They need clear, detailed, concise directions. They "learn best when given a principle, or rule, followed by many
examples of variations in applying it. They tend to enjoy practice and drill."
Because sensing students are good at time management, "they are more likely
to work steadily at preparing for exams."31
In contrast, intuitive students "have insight and perception[, which allows
them] to 'leap to a conceptual understanding of material.''' A downside to
their quick insight is that they are often careless about facts and details,
preferring theoretical and abstract concepts. Once an intuitive student
grasps the main point, he is likely to become bored and inattentive. Intuitives
tend to "underestimate how long things will take and may finish tasks in a lastminute rush."32
Law teachers should encourage intuitive students to have a "healthy respect
for facts" and to take time to think before talking. They should encourage
collaboration between intuitive and sensing students: "Intuitive types might
gain a healthy respect for the sensing type's solid grasp C)freality, while sensing
, types might be pushed to use their imagination, inspirations, and insights."33
28. 26 Q1mb. L Rev. 63 (1995). Randall in tum makes use of Mary H. McCaulley & Frank L.
Natter, Psychological (Myers-Briggs) Type Differences in Education (Gainesville, 1980).
29. Id. at 82.
30. Id. at 83.
!1. Id. at 87.
!2. Id. at 88 (quoting McCaulley & Natter, supra note 28, at 156).
!!. Id.
HeinOnline -- 49 J. Legal Educ. 486 1999
Te(a)chnology: Web-Based InstTUction in Legal Skills Courses
487
Thinking law students have a marked advantage over feeling law students.M
Thinking students are analytical, objective, logical, critical onlookers who
make decisions based on principle. Feeling students are sympathetic, subjective, personal participants who make value judgments. Randall suggests that
law teachers should encourage feeling students to discuss the underlying
values that motivate the parties. Feeling students tend to have difficulty
departing from their own firmly held values to understand others' different
values. They need to learn how to balance needs against competing liabilities.
In contrast. thinking students should J;>e exposed to real clients so that they
can see the human side of the law.55
Judging law students have an advantage over perceiving law students in the
highly structured law school environment and are much more likely to find
that environment comfortable. Judging students are structured, organized,
and firmly in control. Perceiving students are flexible, spontaneous explorers
who are open to change. In law school they "may feel imprisoned."36
Randall suggests that teachers should encourage perceiving students to be
more organized and to plan in advance. They need to be taught how to
recognize "when it is time to be open, curious and perceptive; and when it is
time to stop looking and decide to act." Teachers can helpjudgingstudents by
giving them structure and organization. They should encourage judging
students to be more careful in their legal analysis because "'they have probably
decided prematurely, on the basis ofinsufficient information, either that they
are right or there is nothing more to be done.'"37
D. Auditory,
VJSua~
and Tactile Learners
Students learn through all of their senses: visual (observation), aural (1istening), interactive (verbalization), print (writing and reading), kinesthetic
(physical activity), haptic (touch), and olfactory (smell) .38 Most law school
teaching is directed at students who are interactive (verbal), aural, or print
learners.
Lynne Celli Sarasin categorizes students into three learning style preferences: auditory, visual, and tactile/kinesthetic. These three categories, based
on Gardner's multiple intelligences theory (discussed below) and the Dunns'
Learning Style Inventory, are a synthesis ofseveral learning modes.39
M. A survey conducted by Paul Van R. Miller found that 20 percent of all feeling students
dropped out of law school, while only 11 percent of thinking students dropped out. PersonalIty Differences and Student Survival in Law School, 19J. Legal Educ. 460, 466 (1967).
35. See Randall,
supra note 28, at 93.
36. It!. at 98.
37. It!. (quoting McCaulley &: Natter,.supra note 28, at 162).
38. Waynne B. James &: Michael W. Galbraith, Perceptual Learning Styles: Implications and
Techniques for the Practitioner, lifelong Learning, Jan. 1985, at 20, 20-21. Students between the ages of 20 and 49 ranked learning styles in the following order: visual, haptic,
interactive, aural, print, kinesthetic, and olfactory. Older students ranked the order somewhat differently: visual, interactive, aural, haptic, print, kinesthetic, and olfactory. It!. at 21.
39. Learning Styles Perspectives: Impact in the Cassroom, 3-13 (Madison, 1998). Sarasin combines the styles ofGregorc and Butler (concrete, abstract, sequential, and random), Sims and
Sims (cognitive, perceptual, behavioral, and affective), McCarthy (analytic, imaginative,
HeinOnline -- 49 J. Legal Educ. 487 1999
Journal ofLegal Education
488
Auditory learners learn by listening. They are skill oriented and are good
memorizers. An auditory learner is an "independent learner, the learner who
is competitive and achievement-oriented, the learner who has the ability to
analyze pieces of information, and the perceptual student, who needs to
understand relationships and connections between concepts and pieces of
information."to Auditory learners learn best through lecture, oral directions,
discussion, independent tasks, objective presentation and practice, program
instruction, tasks with specific answers, memorization, verbal sorting, sequential presentation, and thinking time:u
VISual learners like charts, diagrams, outlines, and pictures. They have
characteristics that are random, holistic, global, perceptual, concrete, and
imaginative. They are similar to global learners: they want to know the whole
before understanding the parts. -VISual learners learn best through visual
formats, environmental influences, social cues, group learning, graphic organizers, modeling, demonstrations, role-playing, student presentations, field
trips, motivational accounts or stories, computer-aided instruction, webbing
(diagramming), activities that allow freedom and emphasize creativity, openended questions, and teaching to senses!2
Tactile/kinesthetic learners prefer hands-on experiences. They are active
learners who learn by doing.45 They like role-playing and skills-based courses.
They learn best through internships, field trips, direct contact, experiential
learning, simulation, and demonstration. They respond well to technology,
including audio, video, and computer-assisted instruction, which allows them
to "learn at their own speed, in their own way, and with emphasis on whatever
components they wish.""
E. MuUiple InteUigences
The theory ofmultiple intelligences was developed in the 1980s by Howard
Gardner, who recognized that learners have different cognitive strengths and
styles.45 He identified seven intelligences, possessed by learners in varying
degrees, which determine each person's most appropriate learning style. The
seven intelligences are linguistic, logical-mathematical, spatial, musical, bodilykinesthetic, interpersonal (that is, the ability to understand others' thoughts
and feelings), and intrapersonal (the ability to understand one's own inner
self). Gardner describes each ofthe intelligences through a thumbnail biogra-
dynamic/Common sensible), and Harh, Durrant, and Terry (reflective/abstract, concrete.
and active). Id. at 13-17.
40. Id. at 43.
41. Id. at 49-51.
42. Id. at 17-18.
43. Id. at 18.
44. Id. at 77.
45. See generally Multiple Intelligences: The Theory in Practice (New York. 1993) [hereinafter
Multiple Intelligences]; Howard Gardner, Frames of Mind: The Theory of Multiple Intelligences (NewYork, 1983).
HeinOnline -- 49 J. Legal Educ. 488 1999
Te(a)chnology: Web-Based Instruction in Legal Skills Courses
489
phyofa person who demonstrated an extraordinaryability with respect to one
intelligence.40
Gardner explains the implications of multiple intelligence theory for education. "An exclusive focus on linguistic and logical skills in formal schooling can shortchange individuals with skills in other intelligences."47 These,
of ·course, are the- skills tested on the LSAT and emphasized throughout
law school.
To teach to all seven types ofintelligence, teachers should vary their format
to include graphs and charts and other visual aids (spatial intelligence);
discussion groups (linguistic); problem-solving, classifying, and categorizing
information (logical-mathematical); hands-on projects (bodily-kinesthetic);
tonal or rhythmic patterns (musical); role reversal, listening, and counseling
(interpersonal); and journal writing (intrapersonal). While it is difficult to
teach to every intelligence in one lesson, one can teach to all the intelligences over the course of a learning module. For example, in teaching a
client-centered counseling approach, we can address the seven intelligences
as follows.
Pro and con chart of client alternatives; charts and
Spatial
graphs
Discussion groups; client interview; listening exerLinguistic.
cises
Logical-mathematical Analysis of verbal patterns in interviews; problemsolving exercises
.
Role-plays and simulations; client interviews
Bodily-kinesthetic
Play Gil &ott Heron's "Peace Go withYou, Brother"
Musical
Role reversal; listening exercises; counseling exerInterpersonal
cises
Intrapersonal
Journal entry discussing student's strengths and
weaknesses in conducting an interview.
F. AdultLeamingTheory
Malcolm S. Knowles is the chief proponent of adult learning theory. He
focused not on pedagogy, which he considered to be the art of educating
children, but on andragogy, "the art and science of helping adults learn."48
Unlike children, adults are self-directed students who learn from their own
experience, who have a desire to learn specific subjects, and who have an
external need to learn.49
Adult education is largely voluntary; the learners are assumed to be highly
motivated and interested in the subject matter.50 Adults are often self-directed
46. See Gardner, Multiple Intelligences, supra note 45, at 17-25.
47. Id. at Sl.
48.. The Modem Practice ofAdult Education: Andragogy Versus Pedagogy 38 (Chicago, 1970).
49. See id. at S9-54.
50. See K. Patricia Cross, Adults as Learners: Increasing Participation and Facilitating Learning
95-97 (San Francisco, 1981).
HeinOnline -- 49 J. Legal Educ. 489 1999
Journal ofLegal Education
490
learners.51 They are oriented toward the practical;52 that is, adults "have
immediate problems to solve .•• and ... they primarily want to apply their
learning to their work or personal lives the next day."55 Carl Rogers influenced
the notion that adult learning is participatory or collaborative because "learners share experiences, resources, and expertise as equal members ofa group.""
Finally, adult learning is commonly anxiety-provoking." .
Legal educators have attempted to apply adult learning theory to legal
education, especially in the clinical context.58 Linda Morton,Janet Weinstein,
and Mark Weinstein describe such an attempt in a recent article, "Not Quite
Grown Up: The Difficulty of Applying an Adult Education Model to Legal
Externs." They found that they used andragogicalleaming theories less than
they had expected. They conclude:
[W] e have come to understand that there are tensions in our attempts to use
adult education methods. These tensions arise in large part because a variety
of factors inhibit students from being "adults" as learning theorists might
define them, and also because, in order to teach content which conforms to
our humanistic ideals, some ofour processes are necessarily teacher-directedP
Apparently the "voluntary" act ofenrolling in elective law courses is not the
type of external motivation which Knowles believed would encourage selfdirection. The three authors note that "[w]hile most of our students come to
us eager to begin their transition to law practice, some have little or no sense
ofgoals and [resist] the process ofintrospection." Some of them have no goal
beyond the "overall goal .•• of eventually getting a job."58 Some students
simply do not want the clinical course to be a challenging experience-a
situation which apparently Knowles did not contemplate.
51. Knowfes, supra note 48, at 26, 40. But see Stephen D. Brookfield, Understanding and
Facilitating Adult Learning 40-59 (San Francisco, 1986).
52. John Dewey, Democracy and Education: An Introduction to the Philosophy of Education
322-23 (New York, 1921).
53. Patricia Cranton, Understanding and Promoting Transformative Learning: A Guide for
Educators of Adults 6 (San Francisco, 1994) (citing Knowles, sujna note 48; RaymondJ.
W1odkowski, Enhancing Adult Motivation to Learn (San Francisco, 1990».
54. Cranton, supm note 53, at 6. A role-playing methodology is attributed to Carl Rogers by Chet
Meyers &: Thomas B.Jones, PromotingActive Learning: Strategies for the College Classroom
93 (San Francisco, 1993).
55. Robert M. Smith, Learning How to Learn: Applied Theory for Adults 44-48, 50' (New York,
1982); Jack Mezirow, Transformative Dimensions of Adult Learning 189 (San Francisco,
1991); Stephen Brookfield, The Skillful Teacher: On Technique, Trust, and Responsiveness
in the Classroom 58-60 (San Francisco, 1990).
56. See Frank Bloch, The Andragogical Basis of Clinical Legal Education, 35 Vand. L. Rev. 321
(1982); Linda Morton, Creating a Classroom Component for Field Placement Programs:
Enhancing Clinical Goals with Feminist Pedagogy, 45 Me. L. Rev. 19,44-52 (1993)jJanet
Motley, Self-Directed Learning and the Out-of-House Placement, 19 N.M. L. Rev. 211 (1989) j
Fran Quigley, Seizing the Disorienting Moment Adult Learning Theory and the Teaching of
SocialJustice in LawSchool Clinics, 2 Clinical L. Rev. 37 (1995); Abbe Smith, Carrying On in
Criminal Court: When Criminal Defense Is Not So Sexy and Other Grievances, 1 Clinical L.
Rev. 723, 728-29 nn.24-26 (1995);James H. Stark et aI., DirectiveneSs in Clinical SupervIsion, 3 B.U. Pub. Int. L.J. 35 (1993).
57. 5 Clinical L. Rev 469, 482 (1999).
58. Ill. at 484.
HeinOnline -- 49 J. Legal Educ. 490 1999
Te(a)chnowgy: Web-Based InstTUction in Legal Skills Courses
491
Instead of focusing on Knowles's learning theory, the three authors have
modified their teaching method to be more directive; they "impose content
regarding professional responsibilities, ethics, and some personal awareness,
[and they] impose a process that is intended to be selfreflective and to some
extent self-disclosing." They conclude that this combination ~helps push
students in the direction ofa more thoughtful and conscious response to the
ambiguities and dilemmas of practice, as well as to~d a better understanding of their own personal values and how they may be incorporated into their
lives as lawyers."59
In contrast, Fran Quigley uses adult learning theory to help students
transform through a process ofself-reflection. He draws uponJack Mezirow's
transformational learning pattern, which has three stages: a disorienting
experience, exploration and reflection, and reorientation. Quigley notes that
"[u]pon re-orientation, the learner's perspective is transformed in such,a way
that the previously disorienting experience is explained."60
For example, students commonly are unable to relate to a client's problem.
One student, asking to be relieved ofa client who had been raped, described
his disorienting experience: "Her life is so messed up, I don't know how to
respond. She has so many problems I don't see a way out of her situation."
Quigley uses this type ofdisorienting moment to initiate a conversation about
the roles of lawyers. Mter this type of experience, the student is ready to
reorient his perspective onjustice.61
'
Techniques that Quigley uses to promote transformative learning include
sharing of student experiences, journal writing, and teacher-:student discussions in which he facilitates the learning process.
We can summarize this section with a chart that shows how much the
various learning theories have in common. The Dunns categorize learners as
"global" or "analytic." Each of the other learning theories adopts a similar
approach.
Global
Dunn & Dunn
Analytic
Right hemisphere
Left hemisphere
Right/left brain
Myers-Briggs
Intuitive
Sensing
Feeling
Thinking
Perceiving
Judging
Extrovert
Introvert
Auditory, visual, tactile
Auditory
VISual
Tactile
Logical-mathematical
Multiple intelligences
Bodily-kinesthetic
Linguistic
Musical
Interpersonal
Intrapersonal
Directive
Adult learning theory
Transformative
I
59. ld. at 517-18; see also Morton, supra ~ote 56, at 44-52.
60. Quigley, supm note 56, at 5261. ld. at 54-55.
HeinOnline -- 49 J. Legal Educ. 491 1999
492
Journal ofLegal Education
ll. The Pedagogic Attributes of Web-Based Instruction
We began our collaboration by identifying aspects of a Web-based instruction environment that we hypothesized would enhance learning in skillsbased courses. While traditional classrooms are based on precepts of passive
learning and highly structured course delivery, typically centered around
lectures and reading assignments, the hallmarks ofa Web-based environment
are flexibility, interactivity, visual appeal, kinesthetic movement, and sequential segments.62
Active learning. Web-based instruction allows students to take an active role
in learning and control their own learning environment. They can control the
pace, timing, sequence, and depth of their learning experience. Students who
learn best by reading can read the material sequentially as chapters in a book;
they can print out the chapter and read it in their favorite study place.
Students who learn best by thinking aloud can discuss the materials in class or
online, perhaps in a chat room. VISual learners can look at videos, charts,
graphs, and slides. Kinesthetic learners can learn through computer simulations and tutorials that guide them through the materials. Students who
learn best by writing can create outlines online and participate in online
discussions.
Linear vs. multiple paths. In traditional legal education, materials are presented linearly; that is, there is a single path through the material, and the
order of the material is entirely controlled by the instructor. A good example
of the linear approach is the traditional lecture or a slide presentation during
class. The teacher decides what material she will present and in what order,
and the student has no choice but to receive the information as the teacher
organizes and delivers it. Many would argue that linear presentations limit
student activity' and participation. In contrast, Web-based instruction allows
each student to choose the route he wishes to take through the materials.
Concepts and course materials are organized logically, but the student is not
restricted to a linear order.
Synchronous and asynchronous communication. Most law school instruction is
synchronous; that is, it involves a two-way interaction in real time. Typically,
synchronous communication implies that the instructor is present during the
instruction. Asynchronous communication involves noninteractive communications in delayed time.53 A typical example is a teacher's comment on a
62. Wdbert J. McKeachie, Teaching TIps: Strategies, Research, and Theory for College and
University Teachers, lOth ed., 66, 184-86 (Boston, 1999).
63. The Internet offers several interactive synchronous utilities. Mailing list managers were the
first type ofasynchronous communication utility beyond electronic mail. The most common
mailing list manager is the ListProcessor software. This requires participants to subscribe to
the server. Once subscribed, the participant automatically receives any mail sent to the
server. Listserves generate a large amount of mail and can be quite confusing if multiple
topics are being discussed. A second type of communication utility is threaded message
technology. Threaded technologyservers allow participants to check a common Web site and
post messages. Typically, a teacher will organize the site into different classes, rooms, or
topics. Each participating student can read the postings of the other participants. The
teacher has a record of all interactions and can also review the quality and quantity of
postings. A third type of communication utility is chat software. Chat software permits
HeinOnline -- 49 J. Legal Educ. 492 1999
Te(a)chnology: Web-Based Instruction in Legal Skills Courses
493
student paper. We wanted to involve students in both synchronous and
asynchronous communication. Synchronous communication with the instructor occurred during class and office hours. Chat rooms allowed students to
communicate with each other synchronously. We anticipated that asynchronous communication would primarily occur via the Internet
Case method vs. prohlem-soT:uing. The courses we focused on-Negotiation,
Transactional Practice (drafting), and Legal Writing-are not well suited for
use of the traditional Langdellian case method. Instead, we chose to use a
problem-solving approach. We gave students assignments and provided guidance along the way with computer-assisted programs.
Timely and accurate infonnation. Information is available on the Web long
before it becomes available in printed form. We took advantage of this by
providing links to sites with substantial content Another strength of the Web
is the vast amount of resources available. The Web is larger than any traditionallibrary and offers students a wealth oftimely and practical information.
We created a large electronic collection of relevant resources for students to
review. An electronic library provided basic information such as standard
dictionaries, legal dictionaries, and legal forms. These links targeted useful
resources for the course. A second collection of links provided specific class
materials. We also used a dynamic Web-based syllabus to provide students with
up-to-date course information and assignments. We could provide updates on
the same day as the class was held.
Logical organization. We arranged the Web pages in a logical formation by
including an organized home page table ofcontents and links. Students could
click on hypertext links or map images that graphically depicted an image.
The hypertext learning environment has the following characteristics.
The student determines the learning path and assimilates the information in an order that is intuitive and interesting to him. This is an
environment that promotes individuality.
It also promotes higher-order thinking skills. Because the student
controls the order in which concepts are presented, he must
then organize and relate the information and assimilate the main
concepts.
The hypertext environment allows information to be presented in a
spatially aesthetic and effective manner. The information is organized into categories, and each category leads to further detailed
information.54
synchronous interactive communication. While chat rooms have been very successful in the
entertainment industry, academics are hesitant because the communications usually cannot
be recorded and so the teacher cannot observe, guide, or measure communications.
64. Since the inception of the World Wide Web, several hypertext styles have emerged A firstgeneration style involved long pages oflists, which usually included links to otherWeb pages.
A second generation emerged to include more graphics and technology in the Web pages.
The Teaching, Learning, and Technology Center introduces and promotes the thirdgeneration style, which includes splash pages to organize and present information. A splash
page is a short (no longer than two computer screens) introductory page that organizes the
main categories ofinformation and provides a link to those categories. The pages also have
common background, picture, and font schemes, called themes. The themes help orient the
students. Zanglein created a distinct theme for each course offered on the Web.
HeinOnline -- 49 J. Legal Educ. 493 1999
494
Journal o/LegalEducation
VISUal appeal. Fmally, we tried to appeal to students who learn visually and
metaphorically by including many artistic interpretations of concepts being
discussed in class.
m.
Using Learning Theories and Technology in Skills-Based Courses
In fall 1997 Zanglein offered two courses with the idea that she would
experiment with different· teaching and learning styles: Transactional Practice, a three-credit advanced course in plain English contract drafting, and a
seminar, Negotiation Workshop. Because Zanglein also supervised Legal Practice, the first-year writing course, she was able to incorporate some computer
technology into that course.
We used several new techniques, along with the traditional skills-based
repertoire ofsimulations,joumals, annotations, small-group discussions, and
collaborative and individual drafting. For the first time, we also used WebBoard
(a threaded electronic discussion board), a Web-based textbook, class Web
pages, WWWedit!65 (a collaborative editable Web site), and e-mail.
A. WebBoard
WebBoard is an onlineWeb-based discussion board.66 We created WebBoard
conferences for Transactional Practice, Negotiation Workshop, and each of
the Legal Practice classes. Each course used the WebBoard in different ways.
Transactional Practice students were required to post all of their ungraded
daily assignments on the WebBoard. Once they posted their answers, Zanglein
encouraged them to read their classmates' answers. On some drafting assignments, she also required them to post a comment to three oftheir classmates,
offering editorial comments. At first, the comments tended to be too kind"Nicejob on the contract! I like the termination clause"-but as the semester
progressed, the comments became much more insightful. Zanglein also provided feedback to the students either by a reply posted on the WebBoard or by
e-mail. A major advantage ofWebBoard was that it allowed Zanglein to easily
transport the students' drafts to class for viewing by the entire class.57 She
always gave the students hard copies of all materials shown in class via the
traditional overhead projector or the computer projector. This sexved two
purposes: the students had the paper to write notes on, and the class had a
backup in case ofa problem with the projection.
WebBoard automatically converts links to Web pages into active links. That
is, if you type "Click here to see the contract: http://www2.tItc.ttu.edu/
Zanglem/Trans/k3.htmI," then when the message is posted, the link will
automatically tum into a hypertext link that the student can click on to visit a
new Web page. This allowed the class to view longer contracts in a Web-based
format that looked more like the hard-copy version. WebBoard also permits
65. <http://gsulaw.gsu.edu/-Iawppw/vtt/editthls.html> (visltedJan. 7, 2(00).
66. The current Internet address Is <http://engllsh.ttu.edu:8080/-98> (visited Dec. 7, 1999).
Readers may log onto the WebBoard as a guest to see how It works.
67. To edit the documents during class, Zangleln would copythe students' work Into WordPerfect
and project it on the screen using a 20- or 24-polnt font.
HeinOnline -- 49 J. Legal Educ. 494 1999
Te(a)chnology: Web-Based Instruction in Legal Skills Courses
495
students to attach documents to their message and to view the documentwith
the formatting that the author intended.
A disadvantage ofWebBoard is that although.it is compatible with Netscape,
students could not attach files through Internet Explorer or America On
Line. Those students would send e-mail to Zanglein with the document
attached, and she would post it for them using Netseape. Also, we had
difficulty using Internet Explorer to post to large conferences that extended
for more than one Web page.
Because, initially, the first-year students were not motivated to log onto
WebBoard daily, the Legal Practice teachers offered them an incentive to use
the WebBoard. Each of the teachers posted a notice that essentially said, "If
you see this message and reply to it, you do not have to tum in the nextwritten
assignment." Hundreds of students overcame their reluctance and logged
onto the WebBoard. Many posted messages thanking the teacher for forcing
them to learn WebBoard.
Through WebBoard, we created a chat room for each class. One of the
Legal Practice instructors held weekly chats with her students, which allowed
students to ask questions about their writing projects. The students who did
not want to participate in the discussion could just look and listen to the
conversation. The chat room also allowed participants to whisper to each
other without being overhead by others. This is a nice feature that might be
useful when students are working on group projects or negotiating a contract.
In Negotiations Workshop we used WebBoard to continue discussions
started in class. The class met for two hours only once a week, and it was useful
to have that means of continuing class discussions.
WebBoard gave Zanglein the opportunity for instant and candid feedback
from students on how the course was going. About halfway through the
semester, she noticed that several students were getting tired of the editing
assignments they were working on. She canceled the scheduled writing assignmentand instead asked the students to respond to a WebBoard posting, "How
can we improve this course?"
Zanglein was delighted with the results. Students were very candid:
I would like this class to be more like a lab where we leave class saying, "Today
I drafted a.(n) _ _."
I would have more confidence in my drafting ability if my revision looked at
leasta little like those ofthe otherstudents. When it doesn't, I feel like I don't
know what I'm doing.68
68. Sometimes comments were diametrically opposed:
I think that the class should have more weight put on substance. When we .
draft an employment contract, not only should we consider form, but also the
substantive effect of its provisions. For example, ifwe decide to put in a noncompete covenant, we need to know if it will stick. This could depend on the
profession orjurisdiction in which the contract was executed.
Personally, I'm not interested in substance. I really like learning about how to
use clear language and better structure to forms or drafts I already have.
I think sometimes we should limit the amount of conversation in the class-
HeinOnline -- 49 J. Legal Educ. 495 1999
496
Journal ofLegal Education
They were also very supportive:
I love this courser and I do feel a lot more comfortable with drafting than I
did and ifwe could implement some of these ideas before the semester runs
out, that would be great. What about Transactional Practice, Part 2, next
semester?
The students' criticism was constructive and was offered in a spirit of cooperation and trusL69 Unlike end-of.term course evaluation, these student comments came at a time in the semester when Zanglein could actually make
changes in response.
As a result of the comments, Zanglein completely revised the upcoming
assignments to take into account some of the student suggestions.
I [this is Zanglein speaking] am always surprised, although I should
not be, that 'typically ,students want more difficult work and more
practical experience than I am giving to them. Students wanted to do
more whole contract drafting rather than isolated provisions. Students also wanted to draft more contracts that required knowledge of
a substantive area of the law. I had steered away from both of these,
for the most part, believing that I was already working them hard
enough with the daily assignments and three graded assignments.
B. Class Web Pages
We chose the Web environment to house the class materials for several
reasons. First, the multimedia nature of the World Wide Web, with its graphics, audio, video, and interactivity, stimulates many different types of learners.70 Another advantage of the Web is that it allows hypertext links.
We created Web pages for Transactional Practice, Negotiations Workshop,
and Legal Practice. The Transactional Practice Web page was the most extensive and included an electronic textbook, in which Zanglein tried to incorporate as many interactive features and visual images as possible so that she could
appeal to visual, kinesthetic, and verbal learners. Some pages were designed to
be interactive. For example, on one page, students would double-click on the
picture and a screen would pop up that described the pertinent part of the
contracL Some Web pages gave students before and·after examples ofwriting
sometimes it feels like I'm watching Oprah because everyone has to get their
two cents in.
1 really like the wayyou promote and facilitate class discussions. 1 have noted
only a few professors that are talented enough to use this technique and still
be in control of the <:{ass.
69. For example, one student said: "I really do appreciate your'openness and flexibility. That Is
one of the reasons 1 enjoy taking your classes. 1 know that there may be quite a bit of work
involved, but it is fora purpose. You are veryfair, and open to anysuggestion to how we could
get more out of the class. That said, another reason 1 took the class was for the practical
usefulness ofthe material and the subjects studied in class. 1would be a lot clearer about what
was going on ifwe could take a little time on each project and talk about how it applies to the
big picture; how we can use this skill in practice."
70. See generally Sarasin, supm note 39.
HeinOnline -- 49 J. Legal Educ. 496 1999
Te(a)chnologj: Wep.Based Instruction in Legal Skills Courses
497
found on the Internet.71 Other pages used art to illustrate legal principles to
appeal to visual learners. Later, when we researched learning theories, we
discovered that these pictures also help students to learn metaphorically.
As the semester progressed, we stumbled onto techniques that made life a
little easier for the students. One such success was the creation ofa page called
Current Assignments. Students would log onto the Transactional Practice
Web page and go straight to Current Assignments, which would have links to
the daily reading assignments, the daily writing assignments, and any outside
resources. The page could be updated daily with a new bookmark so that the
students could easily find the current assignment.
We also made great use of the Negotiation Workshop Web page.'12 This
home page provides links to the syllabus, current assignments, the results of
negotiations, the WebBoard, and other useful sites. For example, to prepare
for a class, the student was expected to visit a page with the handouts for the
class. The handouts page contained links to other materials and assignments.
The page also contained the results of the last negotiation assignment, depicted graphically and verbally:
Seller
Buyer
Result
Frrst offer
1
Bob
Josie
$60,000
$50,000
Cindy
Robert
2
$62,000
$70,000
Sylvia
Impasse
Marcus
3
$40,000
etc.
The Web page was useful for providing students with organized material in
a paperless format. Students could log onto the Negotiations Workshop home
page and have access to all the materials they needed to prepare a written
paper. For example, Zanglein asked students to write a paper proving or
disproving the hypothesis that personality has a predictable effect on negotia71. This is a good example of the way the Internet allows teachers to bring timely and relevant
material that previously was inaccessible into the classroom. For example, for students in
Corporate Aspects of Environmental UlW, we were able to obtain the securities class action
lawsuit against Valuejet, analyze it to determine if it met the enhanced pleadings requirements of the Securities Litigation Reform Act, and prepare arguments for a motion to
dismiss. See <http://securities.stanfordedu> (visitedJan. 5,20(0). After the students argued
the motion to dismiss, we gave them a copy of the actual pleading. Much useful information
on corporate environmental mission statements, liability under GERCLA, and environmental audit procedures was available on the Internet, material that was very difficult to come by
through traditional research.
In Securities Regulation we also used the Web to enhance learning. We found and
analyzed cyber-tombstone ads, and analyzed cyber-investment scams to determine if they
could be violations of the Securities Act. The Securities Exchange Commission site provided
a wealth ofinformation. See <http://www.sec.gov> (visitedJan. 5, 20(0).
Likewise, for Pension and Medical Benefits, we were able to find copies of pension
summary plan descriptions that allowed the students to calculate pension benefits. The
students could easilysee the difference in pension benefits provided to single participants as
opposed to married participants who received joint and survivor annuities. We located a
pension calculator that allowed students to calculate the amount of money that they would
need at retirement to maintain a comfortable lifestyle. We also found sample qualified
domestic relations orders that allowed us to analyze the QDRO to determine if it met the
statutory requirements.
72. The address is<http://www2.tlte.ttu.edu/2Zanglein/Negotiations/NeglNegindex.htm> (visited Dec. 7,1999).
HeinOnline -- 49 J. Legal Educ. 497 1999
498
Journal ofLegal Education
tions. The Web page had links to various personality tests, personality assessments, slides about personality styles, and the results of each of the problems
that the class had negotiated so far. Zanglein was even able to provide fullcolor pictures of the items that the students were negotiating, which we think
made the negotiations more realistic.
Another useful feature was the creation ofa wall where students could post
negotiation graffiti. The graffiti wall features quotations ranging from SunTzu
("Be prepared and you will have no trouble") to the Rolling Stones ("You
can't always get what you want"). Students could mull over these sayings that
relate, in some manner, to the art of negotiating, and they used these sayings
as topic headings or discussion areas of their negotiation analysis papers. It
was not until later, when we researched learning theories, that we discovered
that this technique helps students learn metaphorically.
.
The Web page also allowed Zanglein to archive slide presentations given in
class so that students could view the presentation on the Web?!!
C. Electronic Mail
E-mail promoted three forms of interaction in the classroom. First, it
allowed Zanglein to be accessible outside of office hours and contributed to
her open-door policy. Second, students were able to communicate with one
another about course topics and assignments; e-mail fosters collaboration and
active learning. Finally, students could send assignments and exercises to
Zanglein in digital format, and she could receive, read, and comment on their
work electronically. In addition, all communications could be easily documented and tracked.
WebBoard integrates e-mail into WebBoard and makes e-mail easier to use.
To send a message, all we had to do was click on the recipient's name in
WebBoard and the mail program would start an e-mail to that person. Because .
it was so easy, we used e-mail much more than normally. Students used it to
converse with each other outside class. Zanglein used it to inform students of
the number of their absences, and to discuss issues more personally than she
could on a public forum like WebBoard. Since it was much more convenient
than running downstairs to a student's mailbox, she also was more inclined to
send congratulatory messages like "Goodjob in class today!" or "Congratulations on winning that competition!"
D. A Note About the Technology
The use of technology-based instruction requires adequate university resources and facilities. Oudaw school is connected to the Texas Tech Univer73. In a similar environment, "Sammons surveyed over 500 students to evaluate the effectiveness
of computer multimedia presentations. The students reported that multimedia slides were
dearer and more legible than overhead transparencies and chalkboard materials. They also
indicated that lectures were easier to understand and more interesting when delivered in a
multimedia format." David P. Diaz, The Pedagogy of Multimedia Presentation (Nov. 1997)
<http://brary.cuesta.cc.ca.us/support/davediaz/pedag.htm> (visited Dec. 7, 1999).
langlein sought to use these presentation materials as much as possible. In addition, many
of the presentations were transferred to the World Wide Web for students to study electronically or print for reference.
HeinOnline -- 49 J. Legal Educ. 498 1999
Te(a)chnology: Web-Based InstTUction in Legal Skills Courses
499
sity high-speed Ethernet backbone with redundant Internet connections. The
school has a local area network. Students are provided a study carrel complete
with computer, and each computer has a full suite of Internet utility software.
In addition, students can use the law library computer lab or the main campus
academic computing facility. Students may also purchase a PPP (point-topoint protocol) account from the university and access the Internet and
university resources from a home computer. The cost is minimal.
Zanglein's course materials are hous~d on a Web server hosted by the
Teaching, Learning, and Technology Center. A dual-Pentium server runs the
Wmdows NT operating system with Microsoft Internet Information Server 3.0.
In selecting these platforms, we focused on security, compatibility with existing campus technologies, and ease of use for us and for the students.
Before creating our Web pages, we conducted an extensive review of all the
available tools for creating Web-based course materWs. We categorized the
software that we evaluated into three types.
• Clearly the first type of Web authoring package-simple Web
editing tools-is much easier and more intuitive than manual
HTML coding. These packages allow users to manipulate text and
images through a graphical user intt;rface. They still require that
the author use FfP (file transfer protocol) to transfer the files
from a local host to the server. Unlike simple Web editors, FfP
software can be quite cumbersome for even an intermediate user.
• The Web editor and management tool eliminates the FfP process
and allows the instructor to manage fIles directly on the World
Wide Web server. At the time ofour evaluation, Microsoft FrontPage
was the only interactive authoring package.
• The newest type of tool, Web-based interactive courseware, is designed for faculty use in an educational environment It offers such
features as grade books, grade collection, conference rooms, student rooms, and syllabus templates. Many packages have been
created in the past two years.
Mter evaluating the various packages, we chose Microsoft FrontPage for
the following reasons.
• Zanglein had already developed extensive course materials that
could not easily be transferred to a courseware package.
• FrontPage allows the instructor to edit pages from any location
connected to the Internet using a copy of the software. One can
easily manage and edit pages from home or office.
• FrontPage had been tested thoroughly, and Microsoft offered firstclass support Many of the other interactive packages were created
by faculty and could offer only limited testing and support
As we created our course materials and syllabus, it became evi<;lent that the
instruction would require some type of electronic communication mechanism beyond electronic mail. Students would need to create documents and
critique one another's work, and Zanglein would need a record of all online
activity. Also, students would need to discuss assignments and group projects
HeinOnline -- 49 J. Legal Educ. 499 1999
Journal ofLegal Education
electronically. Again, zanglein would need a record of individual and group
communications.
Stalcup investigated the technology communication options and found
that chat is an interactive communication tool usually accessible through a
Web browser interface. Itallows synchronous electronic discussions. Threaded
discussion is an asynchronous communication mechanism that allows messages to be posted into groups (often called conferences or rooms). MOO
(Multiple Object-Qriented User Domain) is a text-based synchronous tool
similar to chat. As one of the older forms of interactive communication, the
MOO is limited by text-based environment. Users typically have to log onto a
server using a telnet session and get into a MOO running on a large system.
Our need for a record of interactions and a quest for a user-friendly
interface led us to O'Reilly and Associates' WebBoard software. The Texas
Tech Department ofEnglish was already running a WebBoard server, and the
department agreed to allow us to use its resources. WebBoard kept detailed
records of posts and activities in each conference.
IV. An Initial Assessment
To evaluate the effectiveness of our use ofWeb-based instruction in skillsbased courses, we prepared a survey, which Stalcup administered during a
class period while Zanglein was not present. (A copy is available from Stalcup
on request.) The survey asked the students to rate the effectiveness of electronic mail, the World Wide Web, WebBoard, the electronic textbook, and
multimedia as instructional tools. For each technology, we asked six basic
questions in an effort to measure efficiency, educational value, ease of use,
impact on instruction, general impression, and overall value. We also asked at
least six questions measuring the effect of the technology on the learning
process, and we asked students to rate their satisfaction on a scale from 1
(lowest) to 5 (highest). We looked at the average ofall the questions in each
category to get an overall view of the data. We also reviewed the data and
4..,-----------------------.
3.5-1-----3
2.5
2
1.5
1
0.5
o
E-mail
World Wide
Web
WebBoard
Electronic
textbook
Multimedia
Figure 1: Satisfaction Summary
HeinOnline -- 49 J. Legal Educ. 500 1999
Te(a)chnology: Web-Based Instruction in Legal Skills Courses
501
created prior experience and academic standing as covariables to factor out of
the impact.
Figure 1 depicts the general levels of satisfaction with each technology
implemented in the classroom.
Ele£tronic mail. Because almost all of the students had used electronic mail
previously, prior experience with e-mail had very little to do with how effective
e-mail communications were in the classroom. In general, students found
e-mail to be a positive contribution to the learning process. The survey showed
that Zanglein responded to students' e-mail in a timely manner, and the
students rated that aspect of the technology the highest (3.94). Clearly the
instructor response was the most critical success factor in using e-mail.
Web pages. Most students had been exposed to the' World Wide Web and
had already used the Web for materials, but many had very basic skills. In
general they had had slightly less experience with the Web than with e-mail.
With an average rating of3.82, the Web wasjudged a very beneficial technology in the classroom. Furthermore, students rated World Wide Web course
materials as very easy to use (4.03). Students also regarded the Web as an
effective means of disseminating information (3.97).
WebBoard. Very few students had ever used a threaded discussion tool, and
none had used the WebBoard software. While their general impression of the
technology was positive, with an average rating of 3.42, students questioned
the effectiveness and efficiency of the software. As we discuss below, we
attribute much of this response to the stability and functionality of the server.
The students favored the immediate feedback that WebBoard provided. We
concluded that this technology tool was beneficial, but perhaps we needed
another specific product.
Ele£tronic textbook. Only three students had ever used an electronic textbook
before. Most students clearly used the textbook electronically and printed
5-r-----------------------...,
4.5+----------------------1
4+------'
3.5
3
2.5
2
1.5
1
0.5
o
Overheads
Projected
material
Enhanced
learning
Effective
Increased
skills
Overall
positive
addition
Figure 2: Multimedia in the Classroom
HeinOnline -- 49 J. Legal Educ. 501 1999
502
Journal ofLegal Education
relevant materials from it for further study. But they gave the electronic
textbook the least favorable rating of any technology used in the course: 3.3.
The students thought the content of the book was valuable but the medium
was not effective. Because ofprinting problems in the computer laboratories,
students resented having to try to print materials that they wished to study
from hard copy. Some of the negativity we measured can be correlated to lack
of previous experience; the students were accustomed to a traditional class. room with traditional materials.
Multimedia. Zanglein regularly used multimedia equipment in the classroom, which included a computer and a projection unit. She used those to
display Web pages as well as PowerPoint presentations. The computer and
multimediawere a routine part ofthe lecture and instruction. Students clearly
favored the use ofsuch equipment. With a group average of3.91, the students
found the multimedia materials to be an enhancement to the learning process. They gave multimedia a rating of3.'l1 as having an overall positive effect.
V. Where Do We Go from Here?
One of the more challenging aspects of incorporating technology into a
classroom is to do so without destroying traditional course structure and
protocol. We found that computers lessened students' sense ofaccountability:
they obviously perceived some level ofanonymity and privacy as they communicated electronically. While Zanglein worked to maintain a certain level of
mutual respect and professional distance, students were far more likely to
push the boundaries electronically than in a traditional classroom. To combat
this problem, we defined a set of guidelines for electronic communications.
Zanglein would maintain a professional tone in any communication, avoiding
familiar language and first names. And she would not tolerate personal or
inappropriate topics through electronic mail or the interactive WebBoard. As
a result, we were able to avoid any real problems.
.
A second challenge was the somewhat unstable nature of the WebBoard
software. While the server itself was stable, many features of the software did
not function reliably. Attachments were sometimes scrambled when students
tried to send papers and assignments, and students experienced a high level
of frustration trying to use some of the more advanced features. As a partial
resoiution, two university technology consultants visited the class, answered
questions, and offered helpful suggestions. But we need to address inadequacies ofWebBoard before deciding whether to continue its use or try another
threaded discussion software.
A third problem concerned training and support available to the students.
Our survey indicated clearly that students felt they had not received enough
help with the new technologies. When WebBoard became unstable and students received error messages, they had no tools for interpreting or troubleshooting the problems. In the next semester, we will repeat this study and
attempt to correct these problems. In particular, we will offer training
for navigating the WWW.using electronic mail, and using an electronic
messaging system, and we will provide an overall introduction to campus
technology resources.
HeinOnline -- 49 J. Legal Educ. 502 1999
Te(a)chnolJJgy: Web-Based Instruction in Legal Skills Courses
503
Now that we have explored the technologies, we hope to continue our
experiments, applying a scientific approach. Our first task will be to formulate
a few hypotheses based on our survey results and our own impressions. We will
need to identify outcome measures, such as student performance (grade) and
student satisfaction. We will need a control group and a test group. Ideally the
same instructor will teach both groups during the same semester, using
traditional teaching methods for the control group and new technologies for
the test group. Students will be randomly assigned to the two sections and will
not be aware of the experiment.
Our next step will be to identify independent variables that we will need to
consider, such as student GPA, learning style, technology anxiety rating (a
self:assessment), and instructional methodology. In the first week of class, we
will administer a learning styles inventory and a technology anxiety survey to
both groups.
We will examine the impact of these independent variables on two dependent variables: student satisfaction with the course and the instructor (determined by the survey used earlier) and student performance (grades). We will
have to accept grades as a measure oflearning.
*****
Web-based instruction does have a few challenges. As with any technology,
sometimes the server fails to function, and both students and teacher need to
be prepared with a backup plan. Some students seem to attract computer
problems and continue to have problems no matter how much help or
instruction they receive. Despite these negatives, we remain convinced that
Web-based instruction is one of the most useful and energizing teaching
tools/techniques that we have encountered. It gives the instructor more
access to the students, it provides more up-t<Hiate real-world materials, and it
allows students to effectively critique each other's work and learn from each
other in a controlled environment. Furthermore, we hypothesize that technology can be an effective tool for various types of learners. Mter reviewing
the initial survey data, we are convinced that the technologies used nad a
positive impact on the teaching and learning in the classroom. As we all
become more experienced and the technologies continue to improve, we
foresee that technology will continue to enhance the education experience
and redefine the traditional classroom environment.
HeinOnline -- 49 J. Legal Educ. 503 1999