Selected, Annotated Bibliography for
“From Panic to Poise:
Learning to Shine in Difficult Situations”
for the 2002 Legal Writing Institute Conference
Prepared by
Darby Dickerson (darby@law.stetson.edu)
Kelly M. Feeley (feeley@law.stetson.edu)
Ann M. Piccard (piccard@law.stetson.edu)
Lawrence D. Rosenthal (rosenthal@law.stetson.edu)
Stephanie A. Vaughan (vaughan@law.stetson.edu)
of
Stetson University College of Law
1401 61st Street South
St. Petersburg, FL 33707
(727) 562-7858
www.law.stetson.edu
Note: This presentation includes five videotaped segments. The bibliography is
arranged in the order in which the segments appear on the videotape.
Scenario One: Student Evaluations
John D. Copeland, Getting Tossed from the Ivory Tower: The Legal Implications of
Evaluating Faculty Performance, 61 Mo. L. Rev. 233 (1996). After providing a brief
overview of student evaluations and other tenure and promotion criteria, this article
addresses the legal aspects of evaluations. Among the issues raised in this article are
Due-Process challenges, First-Amendment issues, breach of contract issues, and issues
involving employment discrimination.
111
Lawrence Douglas & Alexander George, If It Pleases the Class . . . , Chron. Higher
Educ. A60 (June 4, 1999). Responding to current students’ need for entertainment in the
classroom, Professors Douglas and George offer sarcastic tips on how to become better
teachers. The authors “suggest” cancelling class several times per semester, assigning as
little reading as possible, and realizing that students are bored and should not be forced to
stay after the end of the class period.
Joel J. Gold, The Visiting Professor: Student Evaluations Deconstructed, Chron. Higher
Educ. B8 (Sept. 12, 1997). Professor Gold reflects on student evaluations and the often
conflicting messages they contain.
Douglas Hilt, What Students Can Teach Professors: Reading between the Lines of
Evaluations, Chron. Higher Educ. B5 (Mar. 16, 2001). This article, written by a professor
in a non-law school setting, concludes that, for the most part, student evaluations are a
fairly accurate review of the course and of the professor.
Wendy R. Liebowitz, Course Evaluations Proliferate on the Web – To the Chagrin of
Many Professors, Chron. Higher Educ. A59 (Oct. 22, 1999). This article addresses the
issue of Web sites on which students, or non-students, can anonymously post evaluations
of faculty members and specific courses. The article not only provides information about
these sites, but also addresses potential legal ramifications associated with posting these
types of evaluations on the Internet.
Lucia Perillo, Why I Stopped Reading My Student Evaluations, Chron. Higher Educ. A48
(July 7, 2000). One issue Professor Perillo addresses is whether students are able to
separate their personal and “professional” feelings about a professor when completing
faculty evaluations. The author reminds us that the negative evaluations are always the
ones we remember, no matter how many positive ones we receive.
211
Peter Sacks, Generation X Goes to College (Open Ct. 1996). In this book, the author
recounts his experiences when he first started teaching at the college level. The lesson he
learned during his experience at this community college (teaching writing) was that, to
receive good evaluations (which were very important for promotion issues), one must be
more lenient with students, require less work, and be much more “student-friendly.”
After
he incorporated these changes into his teaching methods, he received much more
favorable evaluations.
David D. Walter, Student Evaluations – A Tool for Advancing Law Teacher
Professionalism and Respect for Students, 6 Leg. Writing 177 (2000). This
comprehensive article addresses how to read student evaluations, what we can learn from
student evaluations, and many other topics associated with the evaluations.
Edward White, Bursting the Bubble Sheet: How to Improve Evaluations of Teaching,
Chron. Higher Educ. B11 (Nov. 10, 2000). Professor White compares the use of teaching
evaluations and the use of student writing evaluations. Professor White argues that
multiple choice (or bubble sheet) evaluations are not necessarily valid indicators of
teaching ability.
Robin Wilson, New Research Casts Doubt on Value of Student Evaluations of
Professors; Studies Find that Faculty Members Dumb Down Material and Inflate Grades
to Get Good Reviews, Chron. Higher Educ. A12 (Jan. 16, 1998). As the title suggests,
this article explores the phenomenon of teachers changing course materials, policies, and
expectations to receive better evaluations. The article explores the results of a test that
indicated easy grades and more enthusiasm in the classroom are two factors that translate
into better evaluations, regardless of whether the students actually learn more material.
Note: The Chronicle of Higher Education received many letters to the editor in response to
this piece. These letters can be found in the February 20, 1998 edition of the Chronicle
of Higher Education.
311
Scenario Two: Grading/Angry Students/Student Conferences
Maureen Arrigo-Ward, How to Please Most of the People Most of the Time: Directing
(Or Teaching in) a First-Year Legal Writing Program, 29 Val. U. L. Rev. 557 (1995).
This article addresses how to design, staff, and teach in a legal writing program. The
author provides advice about dealing with students both as a teacher and counselor,
learning to deal with intense demands on your time, and how to handle commenting and
grading assignments.
Linda R. Crane, Grading Law School Examinations: Making a Case for Objective
Exams to Cure What Ails "Objectified" Exams, 34 New Eng. L. Rev. 785
(2000). Although slightly tangential to the art of grading in Research and Writing, this
article addresses the goals and problems with objectifying written assignments/exams.
The author also suggests the need for some objective testing, which can carry over to
research assignments, issue spotting exercises, and other research and writing tasks.
Mary Dunnewold, Establishing and Maintaining Good Working Relationships with 1L
Writing Students, 8 Perspectives – Teaching Legal Research & Writing 4 (Fall 1999).
This article addresses how to introduce students to the ideas, principles, and goals of legal
research and writing. The author deals with recognizing the skills students already bring to
the classroom, making legal writing interesting, and dealing with students’ busy schedules.
Anne Enquist, Critiquing and Evaluating Law Students' Writing: Advice from Thirty-Five
Experts, 22 Seattle U. L. Rev. 1119 (1999). The title says it all—this article compiles
advice from thirty-five research and writing professors with 389.5 years of combined
411
teaching experience. The professors give advice regarding the importance of grading, the
amount and tone of comments given, sample grading sheets, and training new teachers.
Not all of the professors agree on the correct approach to these topics, which provides
insight and perspective.
Steven J. Johansen, "What Were You Thinking?": Using Annotated Portfolios to
Improve Student Assessment, 4 J. Leg. Writing Inst. 123 (1998). Professor
Johansen encourages faculty to use annotated portfolios to involve students in the
assessment process and to encourage students to engage in self-reflection. Because
the annotations allow students to explain their choices, the annotations provide the
reader with new insights and also allow students to feel that they play a greater role in
the “grading” process.
Philip Kissam, Conferring with Students, 65 U.M.K.C. L. Rev. 917 (1997). This
article addresses how to make student conferences more meaningful and productive.
The author suggests how and when to schedule conferences, how to arrange your
office furniture, and where to hold your conferences to get the most out of them.
Saul Levmore, The Anonymity Tool, 144 U. Pa. L. Rev. 2191 (1996). This article
addresses the pros and cons of keeping exams and written assignments anonymous. The
author focuses on legal and social norms regarding anonymity and how we expect and
accept anonymity better in certain situations than others.
Lucia Ann Sileccia, Painters, Sculptors, Quill Pens, and Microchips: Teaching Legal
Writers in the Electronic Age, 75 Neb. L. Rev. 802 (1996).
This article addresses how
things have changed in the computer age and what we need to do to adapt our legal
writing classes to deal with those changes. The author examines the “promise” and
“pitfalls” of computers and how we can alter our classes and teaching techniques to
conform to them.
The Second Draft, Vol.14, No. 1 (Nov. 1999) (available at
<http://www.lwionline.org/publications/seconddraft/nov99.pdf>). This issue contains many
511
wonderful essays about techniques for commenting on student papers, using grids and
checklists, and distributing samples to make grading seem less “subjective” to students.
Stephanie A. Vaughan, One Key to Success: Dealing with Students . . . Outside the
Classroom, 29 Stetson L. Rev. 1255 (2000). This article provides advice to students
about how to approach conferences with professors.
Scenario Three: Complaints About Colleagues
Donna C. Chin et al., One Response to the Decline of Civility in the Legal
Profession: Teaching Professionalism in Legal Research and Writing, 51 Rutgers
L. Rev. 889 (1999). During the first year of law school, students generally are receptive
to and enthusiastic about learning the ways of the profession. Attorneys are first
exposed to the accepted manners of the legal profession in law school, but
comprehensive instruction in legal professionalism is not integrated throughout their
training. If courtesy, civility, and fair-dealing were emphasized and taught in law
school, then conceivably the legal bar might have less need to inculcate civility and
professionalism in practicing attorneys. All law school-teachers must demonstrate
civility in their own conduct. Law professors can and must instill in our students, from
their very first days of law school, the importance of treating their clients, colleagues,
and the judiciary with respect and politeness.
Pamela Edwards, Teaching Legal Writing as Women’s Work: Life on the Fringes
of the Academy, 4 Cardozo Women’s L.J. 75 (1997). Teaching legal writing was “on
its way to becoming a “woman’s job.” Among faculty members, “a long term
commitment to legal writing and research makes the legal writing teacher suspect as an
incompetent or a borderline crackpot.” (Example included: A dialogue between:
“Teacher “A,” a non-legal writing teacher and Teacher “B,” a legal writing teacher . . .
Shaking her head, Teacher “B” walks away and encounters Teacher “C”, a tenure track
non-legal writing teacher who rarely teaches first year students.) The scenario
presented illustrates the obstacles legal writing teachers face daily.
Illhyung Lee, The Rookie Season, 39 Santa Clara L. Rev. 473 (1999). Anyone
wishing to be a first-rate law professor should have the experience of teaching legal
research and writing. As Professor Boyer put it best: “Having full-time, tenure-track
faculty teach legal writing is an ideal, and a real option for schools which choose to
make a substantial commitment.”
611
Suzanne E. Rowe, Gaining Lawyering Skills: Legal Research, Legal Writing, and
Legal Analysis: Putting Law School into Practice, 29 Stetson L. Rev. 1193 (2000).
Law students often say that they learn more in their Legal Research and Writing Class
(LRW) than in any other first-year course. The reason is that LRW lets students put
into practice the analytical skills student begin learning the first day of law school. Most
of the instruction in legal writing will come from the first-year LRW course. If the law
school awards only one or two credits for LRW per semester, the students’ work will far
outweigh the credit he or she earns. Perhaps the biggest source of stress is the fact
that most students receive their first law school grades in LRW.
Douglas Stone, Bruce Patton & Sheila Heen, Difficult Conversations (Viking Press
1999). Based on fifteen years of work at the Harvard Negotiation Project, this book
teaches individuals how to approach difficult conversations – how to listen and how to
respond.
Scenario Four: Directing a Research and Writing Program
ABA Sec. of Leg. Educ. & Admissions to the Bar, Sourcebook on Legal Writing
Programs (Ralph L. Brill et al., ABA 1997). This book describes “norms” in various types
of legal writing programs and can be used as a source to explain why your LRW program
is “reasonable.” Topics covered include (1) content in first-year courses, (2) pedagogical
methods in first-year courses, (3) grading and academic credit, (4) staffing models and
other personnel issues, (5) administration, training, and other director responsibilities, (6)
hiring a director, and (7) upperlevel programs.
Maureen Arrigo-Ward, How to Please Most of the People Most of the Time: Directing
(or Teaching in) a First-Year Legal Writing Program, 29 Val. U. L. Rev. 557 (1995).
This article provides advice on designing and staffing a first-year writing program, directing
an LRW program, handling emotionally-charged situations, and championing your program
and professors with your faculty and administration; it also contains a section on “personal
stress management for directors.”
Allen Boyer, Legal Writing Programs Reviewed: Merits, Flaws, Costs, and Essentials,
711
62 Chi.-Kent L. Rev. 23 (1985). This article examines many legal writing programs and
focuses on what works and what does not. It also addresses the use of student teaching
assistants to help teach a research and writing class and the pros and cons of that
approach versus a full-time faculty member or adjunct teaching.
DIRCON listserv and archives (available at <http://listserv.temple
.edu/archives/dircon.html>). This listserv provides directors with an outlet to seek advice
and share ideas on a wide variety of topics – including how to handle criticisms about
your LRW program.
Jan M. Levine, Leveling the Hill of Sisyphus: Becoming a Professor of Legal Writing, 25
Fla. St. U. L. Rev. 1067 (1999). The article addresses the special concerns of professors
who are interviewing for director positions and also provides guidance on negotiating a
director position. (Be sure to read Professor Levine’s other articles as well.)
Jan M. Levine, You Can’t Please Everyone, So You’d Better Please Yourself, 29
Val. U. L. Rev. 611 (1995). While a few attribute the importance of program personnel
to the success of a legal writing program, success, on the other hand, may be more
fundamentally a function of the law school’s faculty and administration believing in the
importance and value of the program and conveying those positive beliefs to the
students. Teaching (and directing) within the school’s legal research and writing
program presents a very special set of demands on the teacher’s time and is likely,
except in rare cases, to be placed low on the teacher’s list of priorities.
Scenario Five: Plagiarism/Unauthorized Collaboration
Robert D. Bickel & Peter F. Lake, Academic Failure vs. Academic Dishonesty: The
Legal View, in Conference Materials for the Twenty-first Annual National
Conference on Law and Higher Education vol. 2 (Stetson U. College of L. Feb. 1012, 2000). It is essential that law students have a firm grasp on what constitutes
plagiarism. If the students do not fully understand what plagiarism is, the
consequences range from expulsion from law school to having their Bar applications
denied. Plagiarism is a serious offense, one that law schools and review boards do not
take lightly. Claiming not to have understood the different aspects of plagiarism is
never a defense. Plagiarism reflects on the student’s moral character and that
student’s competence to practice law.
811
Corinne Cooper, Letter to a Young Law Student, 35 Tulsa L.J. 275 (2000). With the
law student in mind, Professor Cooper writes what every student should be aware of
and consider while attending law school. Cooper addresses many issues, one of which
is plagiarism. The author feels that many entering students did not get the writing
training that law school requires, and therefore have not been exposed to proper
citation and how to correctly use other authors’ works or ideas. Additionally, Cooper
addresses the fact that computer technology has made writing, and plagiarism, easier
in that many students take advantage of the “cut and paste” capability and do not cite.
Experienced teachers can catch most of these errors, but it is essential that students
learn the proper rules of citation and learn more about what plagiarism is. Knowing the
boundaries of using another’s idea is essential.
Barbara Gross Davis, Tools for Teaching (Jossey-Bass Publishers 1993). This
book contains helpful chapters on preparing a syllabus, responding to a diverse student
body, preventing academic dishonesty, and teaching outside of the classroom.
Elizabeth Fajans & Mary R. Falk, Scholarly Writing for Law Students (2d ed., West
2000). This book, which deals primarily with scholarly writing such as law review
comments, contains an excellent section on covert versus overt plagiarism.
Robert A. Harris, The Plagiarism Handbook: Strategies for Preventing, Detecting,
and Dealing with Plagiarism (Pyrczack Publg. 2001). Publisher’s note: “Plagiarism is
flourishing with the Internet and other student efforts to copy term papers and works The Plagiarism Handbook combines examples, explanations, and strategies for dealing
with the problems of students unknowingly plagiarizing because they aren't aware of
citation rules and forms. Chapters outline strategies for preventing, detecting, and
handling plagiarism, considering academic issues, sources commonly plagiarized and
making assignments constructed to prevent plagiarism. An intriguing study.”
Terri LeClercq, Failure to Teach: Due Process and Law School Plagiarism, 49 J.
Leg. Educ. 236 (1999). Professor LeClercq states: “Law schools do not explicitly
teach their students what plagiarism is and how to avoid it. Instead, most schools
simply offer up a blanket prohibition buried in an honor code distributed on – and
forgotten after – the first day of class.” This article addresses law schools’ “failure to
teach even the rudiments of proper attribution,” and “concludes that law schools need
to take a more active and consistent role in educating their students about plagiarism.”
It also proposes a new plagiarism policy for law schools and provides teaching
hypotheticals to help implement the proposed policy.
Legal Writing Institute, Plagiarism Brochure (available at
<http://www.lwionline.org/publications/brochure.htm>). This publication contains a
proposed plagiarism policy for law schools; it defines and provides examples of plagiarism
911
and also discusses unauthorized collaboration.
M.C. Mirow, Confronting Inadvertent Plagiarism, 6 Perspectives – Teaching Legal
Research & Writing 61 (Winter 1998). This article does not address the topic of
students unethically using someone else’s work, or cheating, but instead addresses
students who inadvertently use another’s thoughts and ideas in an attempt to pass those
words as their own without proper citation. Plagiarism tends to come from students using
case language to avoid misstating the law, rather than de-coding the language and finding
the court’s reasoning and putting it into the students’ own language. The author addresses
new-found problems with technology and the use of Internet research engines, such as
Westlaw and LEXIS. Problems come with students “cutting and pasting” paragraphs
without proper citation. The author also provides faculty with suggestions on how to
address the inadvertent temptation of law students to plagiarize. The goal is to teach the
law student and prevent unintended plagiarism.
Matthew C. Mirow, Plagiarism – A Workshop for Law Students (available at
<http://lsprod.mtcibs.com/writing/plagiarism/html/>). This on-line guide for students
explains what plagiarism is, the consequences of plagiarism in law school, plagiarism in
law practice, how common mistakes lead to plagiarism, and how to use common-sense
precautions to avoid plagiarism.
Louis L. Sirico, Jr., A Primer on Plagiarism (available at
<http://www.lclark.edu/~legalwrt/SuppAppendixABC.htm>). Written for law students, this
short, clear piece defines plagiarism, explains how plagiarism relates to memos, briefs, and
other law school projects, and provides an illustration about the different types of
plagiarism.
1011
Stetson University College of Law, Faculty and Courses, Legal Research and Writing,
Plagiarism <http://www.law.stetson.edu/darby/plagiarism.htm> (last updated Feb. 19,
2002). This Web site explains what plagiarism is and contains links to many on-line
sources that address plagiarism and how to avoid plagiarism.
1111