12/23/2013 Our Annual Law School Issue by Hispanic Outlook on Education Magazine

DECEMBER 23, 2013

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CharlotteLaw:A New Curriculum

VOLUME 24 â&#x20AC;˘ NUMBER 06

Law School Survey of Student Engagement

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Po lit i cal Beat

Illegal Alien Spells Latino

by Carlos D. Conde

am a Mexican- American born in Texas and a graduate of the University of Texas (UT) in Austin so I was dumbfounded by the political shenanigans of a Latino student leader at my alma mater when he came up with the lamebrain idea of slandering his own ethnicity as a promotional club gimmick. Lorenzo García, a MexicanAmerican from Houston is, or maybe by now, was the leader of the university’s Young Conservatives of Texas (YCT), an ideological political student group. He organized and promoted a sort of political safari titled, “Catch an Illegal Immigrant,” and either he failed a logics course at UT or should have taken one because if ever there was a bummer for a club political event, this was it. The idea was to open a campus dialogue on the issue of illegal immigrants but it turned out to be a debate on the lack of sensitivity by a young conservative political group. By the way, the federal government also is rethinking its terminology and try-

ing to be politically correct, so it has now begun to address heretofore illegal immigrants as “unauthorized” immigrants. Whatever, selected YCT members–most of them white, I bet–would walk around the campus with an “illegal immigrant” label and any student “capturing” them would receive a $25 gift certificate. The insinuation was deafening and so was the uproar that followed. García said he was supposed to be a fun thing to provoke the student body into a discussion on the problem of illegal immigration. García added it only wanted to start a debate on a pertinent issue and did not mean to caricature an ethnic group. No one dressed up as a mariachi, did they? Gee, loosen up people! Had this been another innocuous inner club event, fine but it wasn’t and García ended up having to defend the ethics of the YCT organization and upsetting the university’s majordomos who belched first and then moved quickly to disavow the activity. “As Americans, we should always visualize our Statue of Liberty and remember that our country was built on the strength of immigration,” UT President Bill Powers said ever so piously. It played right into the

hands of activist Latino leaders –mostly Democrats, –across the state who gleefully portrayed García and the YCT as the products of Texas’ traditional biases and reactionary politics and certainly was not the stuff of Latinos. García shrugged and said everyone should get over it. The idea was to promote a discussion on immigration and other Obama initiatives like health care reform and this was perhaps the best way to get into the discussion. García does have a fertile political mind. Before his “illegal immigrant” act, he copied an event from the University of CaliforniaBerkley which promoted diversity with an “Increase Diversity” bake sale that based prices on an individual’s race and ethnicity factors. García was a campaign worker for first-term Sen.Ted Cruz, R-Texas. He also worked as a political field director for Texas attorney Greg Abbott’s gubernatorial campaign. The Abbott Group quickly disavowed him saying he is no longer affiliated with the campaign. Abbott’s campaign might regret it. A more seasoned García can be a political asset. He has shown at his young age that he is good at revving up the political rhetoric, but for now seems an irrepressible

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operative as are most people his age with such ambitions. He told the The Dallas Morning News, “The reactions of some who claim that YCT is creating a demeaning or degrading environment have been truly disgraceful. I have always viewed the University of Texas as a place where students could express their opinions whether or not they were popular.” The political debate about immigration most likely will continue to stir up controversy, especially given the number of individuals who will be affected by reform measures. There are 11.2 million “unauthorized” immigrants in the U.S. Approximately 81 percent are Latinos and of that number, than 6.5 million are of Mexican descent.

Carlos D. Conde, awardwinning journalist and commentator, former Washington and foreign news correspondent, was an aide in the Nixon White House and worked on the political campaigns of George Bush Sr. To reply to this column, contact Cdconde@aol.com.

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MAGAZINE® DECEMBER 23, 2013

CONTENTS

TOP 25 Law Schools Page 8

Evaluating Hispanics in Law:Another Way to Look at It by Mary Ann Cooper

Helping Latinos Secure Access to Law School by Michelle Adam

Court Rulings on Academic Freedom and Loyalty Oath Cases Offer History Lessons by Frank DiMaria

Latest Law School Survey of Student Engagement Results by Angela Provitera McGlynn

18 CharlotteLaw Edge:A New Law Curriculum for a New Generation of Students by Frank DiMaria

Page 12

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Page 18

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Published by “The Hispanic Outlook in Higher Education Publishing Company, Inc.” Executive Editor – Marilyn Gilroy Managing Editor – Suzanne López-Isa News & Special Project Editor – Mary Ann Cooper Administrative Assistant & Subscription Coordinator – Barbara Churchill Washington DC Bureau Chief – Peggy Sands Orchowski Contributing Editors – Carlos D. Conde, Michelle Adam Contributing Writers – Gustavo A. Mellander

DEPARTMENTS

Art & Production Director – Avedis Derbalian Graphic Designer – Joanne Aluotto

Political Beat

by Carlos D. Conde

Sr. Advertising Sales Associate – Angel M. Rodríguez

Illegal Alien Spells Latino Article Contributors

Interesting Reads Book Review

Frank DiMaria, Angela Provitera McGlynn, Miquela Rivera

7 Editorial Policy

by Mary Ann Cooper

Funerals, Festivals, and Cultural Politics in Porfirian Mexico

Targeting Higher Education Law School and Professional Realities

Priming the Pump... Learning From Failure

The Hispanic Outlook in Higher Education Magazine® is a national magazine. Dedicated to exploring issues related to Hispanics in higher education,The Hispanic Outlook in Higher Education Magazine® is published for the members of the higher education community. Editorial decisions are based on the editors’ judgment of the quality of the writing, the timeliness of the article, and the potential interest to the readers of The Hispanic Outlook Magazine®. From time to time, The Hispanic Outlook in Higher Education Magazine® will publish articles dealing with controversial issues. The views expressed herein are those of the authors and/or those interviewed and might not reflect the official policy of the magazine. The Hispanic Outlook in Higher Education Magazine® neither agrees nor disagrees with those ideas expressed, and no endorsement of those views should be inferred unless specifically identified as officially endorsed by The Hispanic Outlook in Higher Education Magazine®.

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Esquina E ditorial

The

Great Recession of 2008 not only affected Wall Street numbers and jobless claims, it also had a profound effect on higher education. Much has been written much about the chilling effect on the fortunes of law school graduates, in particular. Inside Higher Ed reported earlier this year that according to National Association for Law Placement data, starting salaries for law school graduates decreased 20 percent between 2009 and 2012. According to the American Bar Association (ABA) barely more than half of 2012 law school graduates were able to land full-time jobs in their field nine months after graduation. According to the ABA, the number of students applying to law school dropped 15 percent in 2012. The effect is even more pronounced among minorities and Hispanics hoping to pursue a career in law. But the news is not all grim. In this issue of HO we explore the way Hispanics have risen to the challenge and increased their enrollment in and graduation from law schools all over the United States. In fact, we are pleased to report that at more than 50 law schools Hispanics are now the majority of the minorities enrolled. In this issue we present a 40- year comparison of Hispanic enrollment in law schools, which shows their enrollment has grown from little more than 1,000 Hispanics in 1971 to more than 11,000 in 2012. Now that’s positive growth! As the economy continues its slow recovery, it’s clear the best is yet to come for Hispanics in law. ¡Adelante! Suzanne López-Isa Managing Editor

WE ARE NEW YORK’S LAW SCHOOL

New York Law School

DIVERSITY IN ACTION Founded in 1891, New York Law School is one of the oldest independent law schools in the United States. Located near the centers of law, government, finance, and a thriving cultural and artistic community in Manhattan’s TriBeCa district, NYLS enrolls 1,200 students in its day and evening divisions—32 percent of whom identify as students of color. As New Yorkers and legal educators, we understand diversity is our greatest strength and is fundamental to our identity as New York’s Law School. 185 West Broadway, New York, NY 10013-2921 T 212.431.2888 Toll-Free: 877.YES.NYLS E admissions@nyls.edu

www.nyls.edu 6

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Interesting Reads

Havana Beyond the Ruins: Cultural Mappings after 1989 by Anke Birkenmaier (Editor), Esther Whitfield (Editor) Havana today struggles with the some of the same problems as other growing world cities, including slums and escalating social and racial inequalities. Bringing together assessments of the city’s dwellings and urban development projects, Havana beyond the Ruins provides unique insights into issues of memory, citizenship, urban life, and the future of the revolution in Cuba. 2011. 344 pp. ISBN: 978-0822350705. $24.95 paper. Duke University Press. (919) 688 - 5134. www.dukeupress.edu. Running Toward the Light: The George Mendoza Story Paperback by William J. Buchanan At the age of 15, George Mendoza lost all of his central vision and 80 percent of his peripheral vision. Mendoza was angry and bitter; he was a teenager who faced limitations he had never imagined. He joined the track team at New Mexico State University, entered marathons, and, in 1980, ran in the International Olympiad for the Physically Handicapped in the Netherlands. His memoir serves as an inspiration for others facing life challenges. 2006. 175 pp. ISBN: 978-0826337511. $14.95. paper. University of New Mexico Press, Albuquerque, N.M., (505) 277- 2346. www.unmpress.com. Violent Democracies in Latin America (The Cultures and Practice of Violence) by Enrique Desmond Arias (Editor), Daniel M. Goldstein (Editor) Despite recent political movements to establish democratic rule in Latin American countries, much of the region still suffers from pervasive violence. From vigilantism, to human rights violations, to police corruption, violence persists. It is perpetrated by state-sanctioned armies, guerillas, gangs, drug traffickers, and local community groups seeking self-protection. The contributors to this collection take the more nuanced view that violence is intimately linked to the institutions and policies of economic liberalization and democratization. 2010. 336 pp. ISBN: 978-0822346388. $24.95. paper. Duke University Press Books, (919) 688 - 5134. www.dukeupress.edu.

Funerals, Festivals, and Cultural Politics in Porfirian Mexico

by Matthew D. Esposito 2010. 288 pp. ISBN: 978-0826348838. $29.95. University of New Mexico Press, Albuquerque, N.M., (505) 277- 2346. www.unmpress.com.

the United States, the loss of political leaders has prompted national mourning. In 1963 when President John F. Kennedy was assassinated, all of America shut down for three days as people were riveted by images on television of the grieving widow and the fallen president’s children standing near his casket. But all this national attention had been dwarfed by events that happened nearly a century earlier in Mexico. When President Benito Juárez died unexpectedly of a heart attack in 1872, the Mexican government declared a seven-day period of mourning. Juárez, known as progressive reformer who advanced the cause of equal rights for the country’s diverse peoples and did nothing to hide his hostility toward organized religion, led a movement called La Reforma, which aimed to replace a kind of feudal society to a market-driven one. As an iconic “populist” figure, Juárez's body lay in state in the National Palace while close to the entire population of Mexico City made a pilgrimage to the palace to view his body. More than 100,000 people watched the procession of his hearse. March 21 became a national holiday in Mexico which commemorated Juárez and his importance in the governance of Mexico. Juárez's was the last state funeral for a sitting president in republican Mexico. The author of Funerals, Festivals, and Cultural Politics in Porfirian Mexico points to this time as a watershed moment in Mexican history. Esposito sees this as a galvanizing moment that created a national sensibility in Mexico. Esposito says the outpouring for Juárez gave birth to the cultural politics and mythical discourse of the Porfirian regime that would overthrow Juárez's successor in 1876, which signaled a return to centralized autocracy under the regime of Porfirio Díaz. That era collapsed at the beginning of the Mexican Revolution. While the lower-class citizens were dispossessed of land and ownership rights, a wave of nationalism kept Díaz in power. In 1902 Mexican journalist, congressman, and intellectual Justo Sierra asserted that Mexico gained both national pride and its international personality during the long reign of Porfirio Díaz, but the author presents the case that Díaz was good at tapping into nationalistic and patriotic fervor. Esposito argues that much of this identity stemmed from Díaz's reliance on memorialism. Over the course of 35 years, the Porfirian state constructed dozens of national monuments, performed countless commemorations, and held 110 state funerals. While most historians have argued that Díaz's reign owed its longevity to extralegal activities and personal appeals to loyalty, Esposito examines Díaz's successful manipulation of cults of the dead, hero cults, and national memory to shape the perception of his leadership. Reviewed by Mary Ann Cooper

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RANKINGS/LAW SCHOOLS

Evaluating Hispanics in Law: Another Way to Look at It

HO’s

by Mary Ann Cooper annual law school special issue contains data from the National Center for Education Statistics, most specifically, its IPEDS database of the law schools granting the most JD degrees to Hispanics. We’ve also included new information this year to gauge the progress or lack of progress Hispanics are making in the field of law. Acquiring this new data has given us the opportunity to take a fresh look at law schools and the law profession, enhancing our coverage of the subject. It also presented a unique opportunity to take a step back and review the ascent of Hispanics in law over the past four decades. It’s a mixed message for Hispanics in this area. While more and more Hispanics are attending law school and earning JD degrees, Hispanic legal professionals are still not represented in robust numbers in the executive boardrooms of law offices. Hispanics have come a long way, but they are still one step behind on the corporate ladder. It’s been a steep uphill climb, but the number of Hispanics entering the legal profession has been steadily increasing over the past 40 years. Consider this: According to the American Bar Association, there were little more than 1,100 Hispanics in law schools pursuing JD degrees in 1971. In 2013 that number now stands at more than 11,000 Hispanics attending U.S. law schools on the path to a career in the legal profession. It couldn’t come at a better time for the burgeoning Hispanic population seeking legal advice, many of whom prefer to engage representation that shares their culture and/or language. The U.S. News and World Report Diversity Index for 2014 shows that Hispanics now are the majority/minority group in 53 of the 200 law schools in America that the magazine rates as having a measurable degree of diversity. In schools such as Stanford University, Western State University and Southwestern University where Asian-Americans were previously listed as the majority/minority student group (as early as 2004 and as late as 2009), Hispanics have now assumed that position. As more and more Hispanics are channeled into undergraduate and graduate schools, the number of majority/minority Hispanic law schools will surely increase. In this issue we feature the top 25 schools (by the largest percentage of Hispanic enrollment) from the Diversity Index. As impressive as the numbers are for Hispanics in law

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school, it should be noted that Latinos/as have a long way to go to advance in the legal profession. The recession has not only hit Main Street, it has also severely impacted boardrooms. Law firms have shed partners and associates to tighten belts. As in many businesses, seniority was an important deciding factor in the tough choices companies have made. Having been hired first, minorities and women have been the first to go, erasing their most recent gains. According to an article in the June 2013 issue the American Bar Association Journal, minority women make up only 2.16 percent of the nation’s law firm partners, and do not take lead roles in any of The American Lawyer’s Am Law Daily 200 firms list. One of the other obstacles minorities and women have to overcome in this economy is what John Page, president of the National Bar Association, calls “diversity fatigue.” He told the The New York Times that the country is “at a precipice.” Minority staffing has hit an invisible wall of acceptability. Arguably, there is a growing sense that some firms, having reached an acceptable minimal threshold of diversity, can ease up on recruitment and compliance. Page says, “There is diversity fatigue. We could fall backwards very quickly.” The Times points out that rather than increase, the percentage of lawyers who are minorities and women fell in 2010, according to NALP, the association for legal career professionals. This was the first time the NALP has recorded a drop in this number since it began compiling data in 1993. Their most current numbers show that minorities comprise a little less than 13 percent of attorneys at U.S. law firms and less than 7 percent of partners in those firms. Women form almost 33 percent of lawyers in law firms in 2012 overall, and slightly less than 20 percent of the firms’ partners. The lack of significant representation of minorities and women in the law profession has its consequences in courts across the nation, especially our highest court in the land. The Associated Press weighed in on this subject. They did an analysis of the ethnic, gender and racial makeup of those who have made oral presentations to the high court since October 2012 and reached the ironic conclusion that the Supreme Court lawyers who are hearing those arguments are more diverse than those presenting those arguments. Only four Hispanics were heard there, while female lawyers accounted for about 17 percent of the presentations.

Top 25 Law Schools

with Majority/Minority Hispanic Enrollment Total Total FT/ Enrolled Hisp. Tuition 1. Florida International University Miami, FL 508 229 $18,841 2. St. Thomas University Miami Gardens, FL 678 258 $36,226 3. St. Mary’s University San Antonio, TX 815 236 $30,566 4. University of New Mexico Albuquerque, NM 346 97 $15,098 5. Nova Southeastern University (Broad) Fort Lauderdale, FL 829 224 $34,330 6. University of La Verne Ontario, CA 188 35 $40,732 7. University of Miami Coral Gables, FL 1,307 274 $42,938 8. Texas Tech University Lubbock, TX 688 124 $22,518 9. Western State College of Law at Argosy U. Fullerton, CA 470 85 $39,600 10. CUNY Long Island City, NY 428 77 $13,802 11. Phoenix School of Law Phoenix, AZ 1,092 186 $39,533 12. Southwestern Law School Los Angeles, CA 1,086 185 $43,850 13. University of Texas–Austin Austin, TX 1,065 170 $48,075 14. Thomas Jefferson School of Law San Diego, CA 1,032 165 $42,000 15. California Western School of Law San Diego, CA 779 125 $43,700 16. American University, DC 1,522 227 $46,794 17. South Texas College of Law Houston, TX 1,225 184 $27,600 18. Ave Maria School of Law Naples, FL 382 53 $37,270 19. New York Law School New York, NY 1,503 195 $49,225 20. Stetson University Gulfport, FL 1,004 131 $36,168 21. Stanford University Stanford, CA 575 75 $50,802 22. University of Florida (Levin) Gainesville, FL 960 115 $21,421 23. Touro College (Fuchsberg) Central Islip, NY 741 89 $42,930 24. Northeastern University Boston, MA 604 72 $43,048 25. Arizona State University (O'Connor) Tempe, AZ 577 69 $26,267

Men Women 49% 51% 49% 51% 56% 44% 53% 47% 47% 53% 50% 50% 58% 42% 54% 46% 51% 49% 36% 64% 49% 51% 46% 54% 53% 47% 56% 44% 47% 53% 42% 58% 56% 44% 53% 47% 46% 54% 52% 48% 57% 43% 58% 42% 53% 47% 40% 60% 59% 41%

Hisp. % 45% 41% 29% 28% 27% 24% 21% 18% 18% 18% 17% 17% 16% 16% 16% 15% 15% 14% 13% 13% 13% 12% 12% 12% 12%

Compiled using U.S. News and World Reports Diversity and Largest Minority Majority Index for 2013.

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Growth of Hispanic Enrollment in Law Schools over 4 Decades # US LAW SCHOOLS 201 201 200 200 200 198 195 191 188 187 186 184 183 182 181 178 179 178 177 176 166 176 175 175 174 175 175 175 174 173 172 172 171 169 167 163 163 163 157 151 149 147

ACADEMIC YEAR 2012 -- 2013 2011 -- 2012 2010 -- 2011 2009 -- 2010 2008 -- 2009 2007 -- 2008 2006 -- 2007 2005 -- 2006 2004 -- 2005 2003 -- 2004 2002 -- 2003 2001 -- 2002 2000 -- 2001 1999 -- 2000 1998 -- 1999 1997 -- 1998 1996 -- 1997 1995 -- 1996 1994 -- 1995 1993 -- 1994 1992 -- 1993 1991 -- 1992 1990 -- 1991 1989 -- 1990 1988 -- 1989 1987 -- 1988 1986 -- 1987 1985 -- 1986 1984 -- 1985 1983 -- 1984 1982 -- 1983 1981 -- 1982 1980 -- 1981 1979 -- 1980 1978 -- 1979 1977 -- 1978 1976 -- 1977 1975 -- 1976 1974 -- 1975 1973 -- 1974 1972 -- 1973 1971 -- 1972

MEXICANAMERICAN N/A N/A N/A 2,592 2,626 2,498 2,499 2,410 2,695 2,540 2,415 2,334 2,417 2,483 2,451 2,452 2,429 2,495 2,402 2,203 2,258 2,027 1,950 1,663 1,657 1,644 1,512 1,635 1,661 1,744 1,739 1,756 1,690 1,670 1,649 1,564 1,588 1,443 1,362 1,259 1,072 883

PUERTO RICAN N/A N/A N/A 626 619 592 551 534 594 655 639 689 680 646 632 636 686 705 718 664 587 539 506 483 478 459 471 412 407 450 418 396 442 440 423 350 335 333 272 180 143 94

Info courtesy of the American Bar Association --2013 N/A -- breakdown of Mexican-Americans and Puerto Ricans not available for 2010 - 2013. * Enrollees who identify themselves as Hispanics, but not Mexican-American or Puerto Rican. ** of 1st Year JD 2nd Year JD 3rd Year JD 4th Year JD Total Enrollment

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OTHER TOTAL JD HISPANICS* ENROLLMENT** N/A 11,328 N/A 11,027 N/A 10,454 6,514 9,732 5,589 8,834 5,692 8,782 5,514 8,564 5,304 8,248 4,779 8,068 4,619 7,814 4,485 7,539 4,411 7,434 4,177 7,274 3,991 7,120 3,971 7,054 3,781 6,869 3,800 6,915 3,770 6,970 3,652 6,772 3,445 6,312 3,124 5,969 2,975 5,541 2,582 5,038 2,587 4,733 2,207 4,342 1,971 4,074 1,882 3,865 1,632 3,679 1,439 3,507 1,302 3,496 4,192 6,349 1,037 3,189 882 3,014 706 2,816 716 2,788 617 2,531 538 2,461 406 2,182 392 2,026 261 1,700 231 1,446 179 1,156

Top 25 Law Schools

Granting Most Degrees to Hispanics 1. Florida International University 2. St. Thomas University 3. American University

4. St. Mary's University

5. Thomas M. Cooley Law School 6. Nova Southeastern University 7. University of Miami

8. South Texas College of Law

The University of Texas at Austin

9. Florida Coastal School of Law 10. Loyola Marymount University 11. Texas Southern University 12. New York Law School

13. Southwestern Law School 14. Fordham University 15. Harvard University

16. University of California Hastings College of Law 17. Thomas Jefferson School of Law 18. DePaul University 19. Hofstra University

20. Stetson University

University of New Mexico-Main Campus

21. George Washington University Texas Tech University

State

Grand Total

Total

217

DC TX

185

468

1,080

460

270

360

381

Hispanic Men Women

42%

15%

32 29

27 33

35% 26%

18%

17%

14%

376

414

13%

MA CA

CA IL

NY FL

NM DC TX

520

179

599

330

484

589

443

321

366

360

345

121

575

213

27 17

19 22

15 18

17%

11%

29%

15%

9% 9%

12%

10%

30%

21 17

11%

10%

16%

11%

The John Marshall Law School

415

University of San Diego

329

10%

333

387

University of California-Berkeley

22. Florida State University

23. University of California-Los Angeles University of Florida Yeshiva University

24. Emory University

Georgetown University

25. California Western School of Law

GA DC CA

312

288

334 267

625

282

14 13

11% 9%

11%

10%

NCES – IPEDS DATA – 2012 LAW DEGREES GRANTED

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LAW SCHOOL

Helping Latinos Secure Access to Law School

by Michelle Adam

the past few years the number of applications to law school has decreased in direct response to the economic recession that hit the legal profession hard. For many students, attending law school has become too expensive, especially given the dwindling number of jobs available after graduation. “The summer of 2008 was probably the last summer that law school graduates were able to keep their jobs,” explained Sonji Patrick, director of education programs at Latino Justice PRLDEF, an organization that has protected and promoted civil rights of Latinos and underrepresented groups, and has helped create a pathway for Latinos in the legal profession since 1972. “In 2009, we saw a lot of law students who were offered jobs at big firms with start dates that were deferred. They were told to do pro bono work at organizations like ours and they would pay them a fraction of their salary for a bit until they started at their firms. Some offers were rescinded all together.” While it was already difficult before the recession to diversify incoming law classes, it became even more challenging afterward. According to Patrick, the number of applications fell 19 percent across the country in 2012, and 3.9 percent for Hispanics at large, and 9.9 percent for Puerto Ricans. Fortunately, the drop for Hispanic applicants was much smaller than the national average, and their overall acceptance rate at universities actually increased by 2.9 percent. “I think with the drop in applicants to law school, the schools have looked at applicants beyond just high scores,” said Patrick. “I think this is good because sometimes people miss the cutoff by a couple of points and that person could do perfectly well in law school. This has helped more people get in, and especially Hispanics who tend to score lower on LSATs.” As law schools try to get enough students through their doors while targeting a diverse pool, Latino Justice PRLDEF continues to create legal opportunities for Latinos and underrepresented groups just as it has done for more than 40 years. They are in a good position to ensure that more Latinos attend law school and become community leaders despite the challenges of hard economic times. Recently, Latino Justice held its 31st annual Law Day, an event held in New York City that exposes Hispanics and other minority students to the law school admissions process and connects them to law schools and legal professionals. In the past, the event has attracted more than 150 prospective students and 100+ schools that met with the possible candidates. During Law Day, participants attended panel discussions in the morning and learned about the law school admissions process, followed by a panel of lawyers who spoke about possible careers with a law degree. Dean Maria Pabón López of Loyola University of New Orleans, one of only four Latina law deans in the country, gave a keynote speech. The afternoon activities included a law fair with representatives from 100 schools who held a question and answer session with students. Beyond Law Day, Latino Justice PRLDEF has provided workshops and classes to help prepare students for the law school admissions process and for exams like the LSAT. “We began with very humble beginnings by helping interested college students get ready for law school by giving them advice and guid-

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ance, and from there we grew,” said Patrick. While a large part of the organization’s work is dedicated to protecting and promoting the civil rights of Puerto Ricans and the wider Latino community (and other minority groups) through litigation work with issues such as immigration rights and voting rights, the education branch of Latino Justice PRLDEF continues to grow its outreach to prospective Latino law students. They have made a lot of progress. “We were ahead of the trend. In 2003, we realized the demographics of law school constituents had changed. A lot of students were older – married, out of school, taking longer to finish their degrees, empty nesters,” said Patrick. “Our demographics shifted to older students who had graduated from college years ago and now wanted to go to law school. A lot of them came to us after graduating from college and had already gotten bad advice or no advice on law school. How do we take these students who can’t go back and raise their GPA and help them be a better applicant?” Although the organization helped out many of these individuals, it knew it needed to reach students earlier, while they were still in undergraduate school or even high school. So, Latino Justice PRLDEF created its Law Bound Program for younger students who participate in a week-long academy. Here, students are exposed to lawyers, watch mock law classes, and are connected with professionals who carry law degrees in various special fields. Since the program’s inception in 2005, it has attracted more than 200 scholars. “When they come to the academy, they become a part of our programs. They get scholarships for LSAT courses, receive LSAT intensives and are given internship opportunities,” said Patrick. “We have created an interesting network of students who are learning to network with attorneys in the field. We are exposing them to all the programs out there so they stay plugged into the Most students still see law school admissions process.” Many of Latino Justice’s educational programs are designed to not only legal education as a help increase Latino numbers in law school, but also to support the growth of Latino and minority leaders. “We want to cultivate the next generation of way to earn a living Latino leaders,” said Patrick. Most recently, the organization created its Youth Leadership Initiative, while making society through which it works with Latino high school and college students who are better. They see interested in getting involved in their communities. They have joined with the Urban Arts Partnership in New York City and have created documentaries concerning legal issues. In addition, they are working with law schools to tar- becoming a lawyer as get high school students who might be interested in pursuing law and offer a way to affect ways to mentor and guide them in graduating high school and getting admitted into college. change. “There are a lot of organizations in the city that do similar work, yet we have seen a gap in programs that address high school students going to college,” said Patrick. “We needed to reach back to freshman and sophomores in college and now we are seeing how we can affect more Latinos going into Sonji Patrick, college.” As Latino Justice PRLDEF tries to bring more Latinos and minorities into director of education programs law school and help them become future leaders, law schools seem to be adjusting to the needs of a changing law student as well by providing more at Latino Justice PRLDEF internships and cross training with other skills. And even if students don’t choose to pursue law, it still holds true that a law degree can open doors in other fields as well, and provide a base for a new generation of Latinos. “Most students still see legal education as a way to earn a living while making society better. They see becoming a lawyer as a way to affect change,” said Patrick. “This is what inspires me, that these students have a passion for making a difference. This is a path of hope and we can help them along this path.”

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LAW/PERSPECTIVES

Court Rulings on Academic Freedom and Loyalty Oath Cases Offer History Lessons by Frank DiMaria

through the height of the “Red Scare.” In 1949 the state of New York passed the Feinberg Law, making teachers ineligible for public employment if they were members of any organization advocating the overthrow of the government by force, violence or any unlawful means. “The Feinberg Law is very typical of the period. Many other states were passing similar laws and they were modeled in large part on Truman’s federal loyalty program,” says Heins. Demagogues on the political right, she says, had been beating the drum for a long time with exaggerated tails of communist conspiracies and accusations against the American Communist Party. Following World War II the Truman administration, eager to prove that it was tough on communism, tried to protect itself by making it impossible for anybody who was identified as or suspected of being a communist to hold a position in the federal government. “From there that notion spread to state governments, including any state university,” says Heins. Irving Adler was one of the first educators to feel the effects of Truman’s federal loyalty program. Adler was chairman of the math department at Straubenmuller Textile High School in Manhattan and had joined the Communist party at age 22. Sixteen years later, he was subpoenaed to testify before a Senate subcommittee investigating communist influence in the nation’s schools. Citing his rights under the Fifth Amendment he refused to answer questions and was dismissed from the school system. In January of 1952 Adler and a number of other New York Marjorie Heins, a civil liberties lawyer, writer and teacher and the founding City teachers had their case heard by the U.S. Supreme Court. In director of the Free Expression Policy Project a 6-3 decision the court held that there was “no constitutional infirmity” in the Feinberg Law, as Associate Justice Sherman rom the late 1940s and well into the 1960s an anti-com- Minton wrote in his opinion. Associate Justices William O. munist fervor swept the United States. In educational insti- Douglas, Hugo Black and Felix Frankfurter dissented, declaring tutions, the press and the courts, debates raged over that the law “turns the school system into a spying project.” whether or not the First Amendment principle of free speech Heins calls this decision “disastrous.” The court, over the disprotected suspected communists and whether the concept of sents of Justices William O. Douglas and Hugo Black, ruled that academic freedom barred political inquisitions against teach- teachers have a constitutional right to think and say anything ers and professors. Not only was academic freedom chal- they want but do not have any right to be teachers. “The case lenged but so was patriotism. Many educators were forced to was lost, but there was a dissent by Douglas where he plays out sign loyalty oaths before they were offered teaching positions. the effects of a system like this in which a person’s political Marjorie Heins, a civil liberties lawyer, writer and teacher beliefs and associations are open to spying and reports by and the founding director of the Free Expression Policy informers who might have greater or lesser degrees of reliabiliProject, recently compiled the most influential Supreme Court ty. He says in his dissent that, “A pall has been cast over the cases on academic freedom in a book called Priests of Our classroom and everybody is looking over their shoulders. The Democracy: The Supreme Court, Academic Freedom and school system has become a spying project.” As Heins says, “He the Anti-Communist Purge. In her book Heins looks at how adopts the term academic freedom which has been a policy in the Supreme Court responded to attacks on academic freedom educational institutions since the AAUP in 1915.”

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The Adler decision stood until 1967. Oklahoma, like most other states at the time, required its state officers and employees, as a condition of employment, to take a loyalty oath. Oklahoma professors had to state that they were not, and have not been for the preceding five years, members of any organization listed by the attorney general of the United States as communist front or subversive. Heins says there are two different types of “loyalty oaths”; affirmative and negative. Those who take an affirmative oath state that they promise to protect and defend the Constitution of the United States. But during the Cold War many public employees were forced to sign negative loyalty oaths, in which they deny any past or present involvement with the Communist Party. In 1951 seven professors at the Oklahoma Agricultural and Mechanical College refused to take the loyalty oath and a court ruled that the Oklahoma law violated the individual’s constitutional right of free association and denied jobs to people solely on the basis of organizational membership regardless of their knowledge of the organizations to which they had belonged. “This case was in many ways an anomaly,” says Heins. “It did not turn on academic freedom.” As part of the court’s decision, Justice Frankfurter writes a separate concurrence in which he coins this phrase “teachers are the priests of our democracy.” Frankfurter said in his separate concurrence that “When we’re talking about teachers and professors, the court has to be especially sensitive to the role they play. They need free inquiry and they can’t be straightjacketed by ideology if they are going to be teaching young people how to think,” says Heins. Things were pretty quiet regarding academic freedom in the courts until 1957 when Marxist scholar Paul Sweezy refused to cooperate and refused to answer some questions directed to him by the New Hampshire attorney general, “who had set himself up as a one-man investigating committee of politics and ideology in the University of New Hampshire,” says Heins. The Supreme Court heard Sweezy’s case, which resulted in a 6-2 decision in favor of Sweezy as well as a number of opinions. Chief Justice Warren wrote the majority opinion and Justice Frankfurter once again wrote a separate concurrence, both of which explore academic freedom. Frankfurter’s concurrence found the state’s vaguely framed national security justification of its questions “grossly inadequate” when “weighed against the grave harm resulting from governmental intrusion into the intellectual life of a university.” The dramatic culmination of Heins’ book is the Keyishian case, which the Supreme Court heard in 1967 but had its roots in the early 1950s. In 1952 Harry Keyishian was a junior at Queens College in New York City when the Senate Internal Security Subcommittee came to town investigating suspected communists or ex-communist teachers. Keyishian watched as the college summarily fired some of his favorite professors when they refused to cooperate with the subcommittee. A decade later Keyishian showed up at SUNY-Buffalo as an English professor, and it was his turn to buck the system.

Keyishian, along with four of his English department colleagues, refused to sign a loyalty oath. They brought their case to the Supreme Court. The court heard their case and made its most important ruling on academic freedom, says Heins. Although the Supreme Court upheld the Fienberg Law in the Adler case in 1952, it ruled that the law was unconstitutional in the Keyishian case. Heins says when the Supreme Court struck down the Fienberg Law in Keyishian “all the

other very broad anti-subversive, anti-communist witch hunt type investigations and employment programs were also now considered unconstitutional.” Heins says that the Supreme Court was slow to respond to the violations of due process and free speech in the 40s and 50s but did set some limits in those years. To conclude her book she writes, “Just as the anti-communist panic of the Cold War triggered a political, and eventually a judicial, recognition of academic freedom, so in our post-9/11 world teachers, students, universities, judges, and the whole body politic should adhere to the promise of Keyishian.”

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Latest Law School Survey of Student Engagement Results REPORTS/LAW SCHOOL

The

by Angela Provitera McGlynn

2012 results of the Law School Survey of Student Engagement (LSSEE) were released earlier this year by the Indiana University Center for Postsecondary Research. LSSEE is reaching its 10-year anniversary in 2013 – the survey growing from 11 participating law schools in 2003 to 179 different law schools in three different countries over the course of the decade.

Fifty-nine percent of students report that their law school experience contributes substantially to their understanding of themselves.

The LSSEE data base is now 238,000 law students and as more schools participate, the data becomes more representative and more meaningful. Beyond the scope of the results, the LSSEE data can now provide law schools with valid, reliable information about law school students’ experience that may foster greater success rates. The LSSEE’s focus is on what students do during law school and on how their activities affect their learning. How often do students ask questions in class and get feedback from faculty? How much time do law students spend reading and briefing cases? What do law students believe they gain – intellectually, personally – during their law school experience? What kinds of relationships do they have with their classmates? How much interaction do they have with their faculty? Law schools can use survey results to understand what aspects of students’ experiences are working well for them and 16

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what may need further attention. The Indiana University Center for Postsecondary Research collects the data, analyzes it, and produces an annual report. The longitudinal data over time can help law schools analyze the effectiveness of new programs and curricular innovations as well as help schools with articulated goals to track progress and document improvement. Carol Silver, LSSEE director, Indiana University Center for Postsecondary Research, and professor of law at Indiana University Maurer School of Law has this to say about LSSEE: Helping law schools become more effective in educating students is the mission of LSSEE. Regardless of whether the climate for law schools is positive or negative, our focus is on supporting schools in learning about what they are doing well, where there is room for improvement, and what they can do to improve. While it may be difficult to design a thoughtful response to headlines, responding to the lessons presented by LSSEE data offers a pragmatic and focused way forward. The report offers a small sampling of the data collected each year. The LSSEE researchers reported selected results based on responses from 25,901 law students who completed the survey spring 2012. Additionally, they analyzed responses to a set of experimental questions in the appendix of the survey given to a subset of the 2012 respondents. In addition to investigating effectiveness of experiential learning, classmate connections, and student-faculty interaction, the survey data shows how certain law school programs, practices, and curricular efforts relate to student success and student engagement. The report highlights a sampling of results to provide a sense of the breadth of issues that the survey covers: • Nearly a quarter of students (23 percent) prefer to work in government settings following law school, while 49 percent list private law practice as their preferred setting • Nearly one in three third-year students (31 percent) has worked with a faculty member on a research project outside of course programs or requirements during the course of law school • Twelve percent of students report that they never receive prompt feedback, either written or oral, on their academic performance from faculty • Seventy percent of students agree strongly (6 or 7 on a 7point scale) that their end-of-course exams challenge them to do their very best work • The average 1L student spends 21 hours per week reading assigned material, compared to 17 and 13 hours per week for average 2L and 3L students, respectively • Twenty percent of first-year students do not plan to partici-

pate in a law journal. While more than half of 1Ls (53 percent) do intend to join a law journal, only 40 percent of students have done so by their third year • Three out of four students (75 percent) report that their law school places a substantial emphasis on encouraging the ethical practice of the law • Among those students who use law school-provided personal counseling and support services, 64 percent are satisfied with these services • Fifty-nine percent of students report that their law school experience contributes substantially to their understanding of themselves. Thirteen percent of students report that their law school experience contributes very little to self-understanding • Five percent of 3Ls are pursuing joint degrees. Among those students, more than a third (37 percent) is enrolled in JD/MBA programs

The 2012 LSSEE data shows that students benefit from peer interaction in ways that promote both academic and personal growth. According to the report: Interaction with classmates relates significantly to students’ development in writing, speaking, and legal research skills, job-or work-related knowledge and skills, and critical and analytical thinking among other factors. Similarly, students’ level of peer interaction positively influences their ability to understand themselves and others, their development of a personal code of values and ethics, and their sense of contribution to the welfare of the community. How Would You Evaluate Your Entire Educational Experience at Your Law School?* Excellent

4% Here is a thumbnail sketch of the findings related to experiGood 16% ential learning, connections with classmates, and student-facFair 31% ulty interactions: Poor Experiential learning: Participating in experiential learning activities such as for-credit clinical courses, field placements or internships, and pro bono work positively relates to students’ perceptions that their law school classes emphasize higher order learning activities, including analysis and synthesis of ideas and information, making evaluative judgments 48 % about information, and applying both theories and concepts to * 3Ls and 4Ls only practical problems or in new situations (creative thinking). The data also show that higher order learning is correlated with Source: LSSEE Signature Report #5 students’ sense of acquiring a broad legal education and that participating in experiential learning activities positively and strongly affects Student-Faculty Interaction: LSSEE data shows that students students’ perception that they are developing in personal and acade- benefit greatly from relationships with their faculty. The mic dimensions, including writing, speaking, research, and job- report reveals that: related skills. The survey data suggests that experiential learning Interaction with faculty relates significantly to students’ gives students opportunities to hone their analytical and critical perceptions of their own gains in both academic and perthinking skills in ways that not only help them become more compe- sonal dimensions. Student-faculty interaction influences tent but also help them to develop the traits of effective lawyers. students’ assessment of their writing, speaking, and legal Connecting with classmates: Forming relationships with research skills, job-or work-related knowledge and skills; other students in law school affects whether or not students and critical and analytical thinking, among other factors. enjoy their school experience and also affects activities that impact student learning. The National Student Survey on LSSEE data reveals the following ways faculty-student interEngagement (NSSE) for four-year institutions, and the action affects students: Community College Survey on Student Engagement (CCSSE), • Positively relates to students’ understanding of themselves have both shown consistently a strong connection between the and of others affective dimension and retention and graduation rates). • Contributes to their development of a personal code of valDespite the stereotype of the competitive, cut-throat atmos- ues and ethics phere among law school students, most students report posi- • Adds to their sense of contribution to the welfare of the tive attitudes toward their classmates. In fact, 60 percent of community respondents said that their relationships with other students • Influences student’s perception positively regarding their grades are friendly and supportive (6 or 7 on a 7- point scale). Only • Influences their overall satisfaction with their law school 11 percent of respondents reported negative relationships experience with peers (1, 2, or 3 on a 7-point scale). • Positively impacts students’ sense of the supportiveness of These findings go beyond law school campus climate. Positive the law school environment and their perception of the empharelationships with peers seem also to promote learning in that stu- sis their coursework places on higher order learning activities dents are more likely to engage their friends in discussions about The results of LSSEE major themes, experiential activities, ideas and coursework and to have serious discussions with students classmate connections, and faculty-student interaction seem to who differ from them in substantive ways, as for example, differing overlap the results of both NSSE and CCSSE. political and religious beliefs and differences in personal values.

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INNOVATIONS/PROGRAMS/LAW SCHOOL

CharlotteLaw Edge: A New Law Curriculum for a New Generation of Students

For

by Frank DiMaria generations the model for training young lawyers has remained relatively unchanged. In law school students study doctrinal and substantive law and learn how to “think” like lawyers. The assumption has always been that the lawyer learned the law and its application in school and acquired the finer skills – practicing law, working with clients and the business of law – on the job. Medical schools, on the other hand, adopted a different model, in which students move into the profession two years before graduation and complete a residency. Some law schools are now rethinking the law school model. The Charlotte School of Law in Charlotte, N.C., is on the cutting edge of that trend. Law schools have been moving, albeit slowly, toward practice readiness to meet growing demands. Today most law firms are seeking practice-ready lawyers, says Rocky M. Cabagnot, assistant professor of law and supervising attorney, Community Economic Development Clinic at the Charlotte School of Law. “Major law firms no longer want to spend a year or two training a new lawyer, they want that lawyer to come out of law school with enough skills so he can hit the ground running,” says Cabagnot. “It’s not the attorneys’ fault that they were not trained properly, it’s legal education.” To better prepare its graduates and to meet this demand, the Charlotte School of Law overhauled its curriculum. This fall it implemented the CharlotteLaw Edge for incoming students. The new curriculum is designed to prepare students to step directly into roles as practicing attorneys after law school. “Those schools that do not heed what’s going on out in the real world are going to suffer. At Charlotte School of Law we are charting a new course with the CharlotteLaw Edge program. I believe our graduates will benefit much more than those from other schools,” says Cabagnot. The CharlotteLaw Edge curriculum is grounded in real-world learning experiences in a set of eight live client clinic programs including criminal justice, immigration law, family advocacy, community economic development, civil rights, entrepreneurship, tax controversy and domestic violence. These direct representation clinics enable students to take what they learned in the classroom and apply that knowledge as they help people who have real legal problems. Students develop not only an understanding of substantive law, but also an appreciation for what it means to service real clients and to advocate effectively on their behalf. Clinical programs are not a new strategy at law schools. 18

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“What we’re trying to do

with CharlotteLaw Edge is to increase students’ access to clinics and other forms of experiential education such as externships.” Rocky M. Cabagnot, assistant professor of law at the Charlotte School of Law

Some have been using clinics to teach law since the 1960s. What law schools have not done in the past is focus on clinical programs as part of the larger law program. “Historically (clinical programs) have not had major support within the academy. They would take up maybe 10 to 15 percent of the academic offerings at any law school in the country,” says Cabagnot. “What we’re trying to do with CharlotteLaw Edge is to increase students’ access to clinics and other forms of experiential education such as externships.” For example, clinics and externships allow law students to gain experience working with a supervising attorney in a public defender’s office or at a law firm. “This is critical for CharlotteLaw Edge to work,” says Cabagnot. Without question the most critical function of a lawyer is the ability to solve problems. In 1992 the American Bar Association commissioned an exhaustive study of legal education that took a critical look at the needs of the bar and needs of legal consumers. The report detailed 10 competencies lawyers should have. Topping the list was problem- solving. Seasoned lawyers who have been practicing for 10 to 15 years have honed this skill, but a newly- minted lawyer has not. Cabagnot says CharlotteLaw Edge provides challenging problems for its students so they learn how to solve problems before they start practicing law. “When they get out in practice they understand that the critical function of a lawyer is to solve exactly whatever problem the client comes in with,” says Cabagnot. CharlotteLaw Edge students receive a special license from the North Carolina Bar Association to practice law under the supervision of a practicing attorney. “Students work with live clients and that’s where the sort of ‘magic’ happens,” says Cabagnot. “It’s not a simulation. It’s not role-playing. These students are dealing with real clients.” A student studying entrepreneurship might meet with a client who is searching for the most effective business entity to launch his startup. “The student has to actually do the research and has to understand the law and has to be able to explain it to the client and make a critical decision about whether to be a corporation or to be a limited liability company. Or whether to be a cooperative,” says Cabagnot. Eventually CharlotteLaw Edge will require its first-year students to take a one-credit component called problems in practice, in which students will receive simulated training on how to apply the law they are learning over a significant portion of that semester. Students who are learning tort law, for example, will spend four to five weeks learning substantive law and reading cases. Then they will take a week to integrate all they have learned as professors provide them with simulated cases in which they apply what they have learned in the previous five weeks. Unlike other law schools, the Charlotte School of Law requires

its students to enroll in clinics. “That is the key to the CharlotteLaw Edge program,” says Cabagnot. “In law schools across the board experiential education has been optional. For 288 schools for the 100 years of recognized legal education the idea or notion that there must be mandatory experiential, live client experience has been clearly optional, in contrast to the medical profession where it is mandatory that you have live client contact for two years before you’re allowed to have a medical license.” Training the roughly 1,400 students at the Charlotte School of Law to solve their clients’ problems is only half the battle. Clinical

training is meaningless if the law student is unable to pass the bar exam. When an individual chooses to attend the Charlotte School of Law, the school enters into an agreement with the student. The agreement states that the professors at the school will work tirelessly to ensure positive results for the student. “The Charlotte School of Law curriculum infuses both national and North Carolina type bar questions in our first- year exams,” says Cabagnot. And that’s just for starters. In their third-year students can take courses that give them a leg up on both the multi-state bar examination and one that presents the distinction between North Carolina law and national law. To further assist its students in passing the bar, the Charlotte School of Law has faculty members who focus strictly on bar passage. “They are counselors and they work with the students really from day one preparing them for any bar in the country,” says Cabagnot. “Bar passage and prepping our students for the bar is critical to our program.” For those graduates who pass the bar exam and are hoping to start their own practice, the Charlotte School of Law offers an incubator program, in which they can set up their practice. Mentor attorneys, some of whom have 25 years of experience, are available to help them grow as professionals. “We’re one of only three law schools that have an incubator in the country,” says Cabagnot. Currently four graduates have started law firms in the incubator program. 1 2 / 2 3 / 2 0 1 3

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TARGETING HIGHER EDUCATION

Hispanic Outlook in Higher Education was founded for many reasons. But as the title suggests, one of them was to assist Hispanics succeed in higher education both as students and as professionals. I have been writing columns to those ends from the very foundation of this publication. I have urged young and not so young Hispanics to pursue higher education purposely and steadfastly. To do so in an intelligent fashion, I suggested Hispanics become aware of new developing professions as well as explore age-honored professions. Every December I have written about “The Law” as they are wont to say in law school. It is an ancient profession, one of the very first devised by humans. Although distorted at times and in different ways, one of the fundamental reasons for its creation was to help resolve problems fairly and justly, to bring order out of chaos. Did it always succeed? No. The law has been so bent out of shape at times that the original idealism which first gave it vitality was shunted aside and distorted for generations. Lawyers have been scorned from the very beginning. That was unfair. They should not be criticized for representing their client – be it an individual or a cause. I know that at other times lawyers have been corrupt and the instigators of nonjudicial behavior and actual criminality. But I am fully in the camp that believes the world has and continues to progress thanks in part to the dedicated work of good lawyers. So I have long encouraged Hispanics to consider entering that profession. Year after year, I have written to explain and clarify the complex worlds of pre-law studies, law school and the many opportunities and pitfalls which existed for those who might explore law as a profession. Explaining as fully as I could the good and the bad, I urged Hispanics to consider the legal profession. I was positive, encouraging and supportive. But the legal profession I admired but at times also criticized has changed and dramatically for the worse. This column will apprise readers of those new realities. A new world: neither brave nor ennobling For over 20 years qualified observers have warned of dangerous trends. I cite one observer in particular. Former Dean of the Yale Law School Anthony Kronman wrote The Lost

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Lawyer in 1993. His disappointment with the profession he loved and dedicated his life to making better was palpable. Enormous changes in and outside corporations, large law firms and in law schools had, he noted, eroded the “lawyerstatesman ideal” he championed. Large firms were growing exponentially and had become too specialized. Many partners lost their loyalty to the firm and clients. Greed, always a human condition, led some partners to always be on the market constantly seeking a better paying position. Kronman feared these trends would weaken “the culture of law firms and turn the law business into a greedy enterprise, with little nobility in it.” It was a clear call that mostly fell on deaf ears at law schools and in the profession. Fast forward Today the situation is worse and the future seems dismal to many observers. Any student considering law and the profession should get all the gruesome and good facts before making that career choice. Where to turn? I recommend Professor Steven Harper's The Lawyer Bubble: A Profession in Crises. A practicing lawyer for years, Harper retired, turned to academia, and has spent the last few years teaching, researching and writing. And write he does. His lean, lucid, fact-filled prose identifies problems and suggests solutions. In this single book Harper, with laser scalpel accuracy, has done a superior job addressing many of abuses plaguing the profession. One vibrant strand is that avarice and short-term thinking of law school deans and equity partners has severely damaged a profession that at one time was considered noble.

Harper posits that as big firm profits increased, the law partners sought and received greater financial rewards. Interestingly, much of the largess emanated from the grunt workload of associates, who are recent law graduates. They are the largest group but exist on the very lowest rung of a firm. Even a superficial look of their status and workload leads one to believe that they have the harshest apprenticeship of any profession, be it white or blue collar. There is evidence piled upon evidence that associates have been pilloried with unimaginable 10 hour working days, weekend and evening work, low pay and worse yet they suffer a disdain from others up the food chain no one deserves. This is particularly difficult for young people still imbued with idealism. Is this the fruit of their sacrifices? Yes. And it is pretty bitter. Morale under those work conditions is low and leads to heavy turnover which produces yet lower morale and further frustration. I am sorry to report that CareerBliss rated associate attorney' as the 'unhappiest job in America,' behind customer service associate, and clerk. Real estate agents were the happiest. (Maybe the survey was taken before the real estate bubble burst.)

requiring a law degree. By and large, students go to law school as idealists. They hope to right the world’s wrongs, to seek justice, etc. They see themselves as persons who are going to change the world for the better. become important pedestals in the community, and right major wrongs in our society. On a personal level they hope to live modestly well. That’s not what happens to most of them. Law firms have gotten themselves in a pickle, several in actuality. One example: Profits per partner (PPP), a measure of profitability, is the main ranking tool. It encourages firms to have fewer equity partners and more associates. It leads to widespread salary discrepancies and deep-seated dissatisfaction among most of the lawyers who work in large firms. Some law schools, under pressure from central administration, have been greedy. They accepted too many students for financial reasons since law schools are viewed as an income center in many universities. Some “charge” law schools 25 percent of their tuition for the general support of the university.

Student debt The average law school graduate owes over $100,000 in law loans. Worse still, the average debt figures have been growing faster than inflation while graduate employment Law schools opportunities and career satisfaction have diminished. Law schools have changed dramatically as well. They knowEven if a law career is the right path, the financial burden ingly misled prospective students as to employment prospects can be staggering. If the law is the wrong path, the debt still which they knew were dismal. They have shamefully continued remains. to raise tuition significantly and then flecklessly encouraged Harper argues that the problems with legal education are students to undertake enormous loans. the result of oversupply of graduates invariably fed by governLaw schools have failed to seriously address needed ment loans. Each time the law schools have expanded enrollreforms. In fact they are locked in a Medieval caste system ment, they have inflicted increasing misery on their graduates. oblivious to the need for change all around them. It took the Harper urges firms to focus on training young lawyers, president of the United States, a lawyer himself, to suggest a reducing disparities and creating an ennobling culture. While shorter two-year curriculum. reforms have an economic cost, they can result in long-term Professor Brian Tamanaha in his book, Failing Law School economic benefits to firms and the lawyers. in 2011 noted as had others that there are far too many graduates, too few jobs and that graduates are saddled with loans The billable hour they will have great difficulty paying off. The billable hour system creates large bills for clients and Numerous studies have confirmed his statements fosters inefficiency among lawyers. It encourages lawyers to Some suggest the legal profession has failed all but the work more hours on an issue, instead of being efficient. Law greedy. Things have gone from bad to worse. The nation now firms frequently have more lawyers work on matters than are has one lawyer for every 265 Americans, more than double necessary. Worse still, the measure of associate productivity, the 1970 ratio. hours, is really a measure of a lack of productivity. No one is Harper argues that both law schools and big firms’ prob- rewarded for getting a job done at a modest cost. Instead, one lems stem from elevating quick profits at the expense of what is encouraged to charge as many hours to a case as possible. should be long-term goals. He argues that law school pursuit Large firms typically require 2000 to 2200 billable hours for of greater revenues led the total number of graduates to each associate per year. Many firms pay bonuses for associates exceed the number of available jobs by a ratio of 2 to 1 last who bill more than 2000 hours and the chances of becoming year. a partner are enhanced because you have learned to play the A record number of law students – more than 46,000 – game. graduated in 2012, but only 20,000 received law- related jobs. Further, entry salaries are so low that many find it difficult to Bottom line pay interest on their six-figure law-school debt. There is always hope. Driven by the continuing drop in law Past history isn’t any better. In 2011– nine months after school applications and the dismal prospects for their gradugraduation, only half of the 2011 class had full-time work ates, law schools are beginning to discuss curricular changes

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to make it more student relevant. Many agree that enormous loans should not be part and parcel of attending law school especially when the job market is and will continue to be so dismal for years on end. Some schools have even begun to question their largest “capital expenditure” – tenured faculty members. That will be a hard one to change but not unlike what many universities have done, I predict fewer faculty will be hired and fewer will receive tenure, more classes will be taught by adjuncts and so another myth about the leisurely academic life will tumble. To those of you already working, hang in there. Matters are bound to improve – too much light has been cast on the evident realities. Reform is possible and you will be part of that vanguard. To those who are unemployed, keep trying. Recall why you sought out a legal education, re-energize yourself and revitalize your goals. Historically 50 percent of lawyers do not practice law but have found their education helpful in a wide variety of other endeavors. And they have succeeded. Why? Because of the skills they acquired in law school. First, they

learned to think, to read carefully and appreciate the flow of the law through our lives. Other assets acquired include critical thinking, strategy skills and communication expertise – all valuable in any line of work. This column was primarily written for those who are considering a legal career. Increase your knowledge about law school and the professional before making a decision. The Law Bubble is a good place to start. It synthesizes many critiques and opinions of the law profession into one short readable, revealing book. I don’t want to discourage or dissuade anyone who really wants to be an attorney. It can be a noble endeavor – one in which you will never be bored. But remember the legal term: caveat emptor. Keep it uppermost in your mind. Dr. Mellander was a university dean for 15 years and a college president for 20 years.

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Central Arizona College, a diverse and innovative institution, is located in Pinal County, Arizona, the second most rapidly expanding business and residential population in the U.S. CAC serves a student population in excess of 15,000 on five major campuses and several centers. Less than one-half hour from the Phoenix metro complex, faculty, staff and students enjoy access to the arts, sports, recreation and cultural history in the inviting Southwest climate. All travel expenses for the interview are the responsibility of the candidate. • • • • • • • •

Anticipated Faculty Openings for Fall 2014

Administration of Justice Agriculture Business Chemistry Computer Information Systems - Programming Justice Studies Nursing Sociology

Starting date: August 2014

Application deadline: All application materials must be received in Human Resources by 6:00 p.m., Thursday, January 23, 2014. For more information on the application process and faculty qualifications go to www.centralaz.edu/jobs or call HR at 520-494-5235.

Committed to diversity. Committed to success. DePaul University, located in the heart of Chicago, is consistently recognized for having one of the most diverse student bodies in the nation. We welcome students from all backgrounds and with wide-ranging life experiences to create a learning environment that better reflects—and prepares students for—the world. At DePaul, diverse isn't just what we are. It's what we embrace. DePaul College of Law is proud to be ranked one of the top 25 law schools for Hispanics by Hispanic Outlook Magazine.

Central Arizona College prohibits discrimination in employment and educational programs based on race, color, religion, sex, age, disability, national origin, military status, genetic test information, sexual orientation, or gender identity or expression.

law.depaul.edu

12/23/2013

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EARN YOUR LAW DEGREE WITHOUT LEAVING YOUR CAREER. A law degree will put your career on the fast-track. In four years, students can earn a full-credit J.D. degree. The Dedman School of Law has produced some of the most influential legal, business and community leaders here and throughout the world. Now it’s your turn. Use your evenings to move your career to the next level.

“Getting a legal education is terribly important. It’s a very powerful weapon in helping others.” Adelfa Callejo ’61 J.D. SMU Evening Law Program Partner, Callejo & Callejo

The Biology Department at the University of North Carolina at Asheville (UNC Asheville) anticipates hiring a tenure-track Assistant Professor beginning Fall 2014. The successful candidate will have a PhD in Biology or an appropriate discipline, demonstrated teaching experience and the potential for engaging undergraduates in a research program. Teaching duties include introductory courses for the major and advanced offerings in microbiology and molecular biology. Opportunities exist for developing courses outside of the department that contribute to the core curriculum. Located in the Blue Ridge Mountains, UNC Asheville is the designated public liberal arts institution in the UNC system, and emphasizes quality teaching and mentoring of undergraduates in research, scholarship and service. UNC Asheville is committed to increasing the diversity of its faculty, staff and student body. Women, minorities and people with disabilities are encouraged to apply. Applications should include the following documents in PDF form: a cover letter; a statement of teaching philosophy; a description of a research program with plans for incorporating undergraduates; a CV highlighting both teaching and research accomplishments; and three letters of reference. Materials may be submitted electronically to Dr. Gregg Kormanik, Search Committee Chair, to kormanik@unca.edu. Review begins 2 January, 2014 and continues until the position is filled. The University of North Carolina at Asheville is an Equal Opportunity/ Affirmative Action employer

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12/23/2013

Visit our website today for program updates, information session schedules, program facts, and other announcements or call us at 214-768-2550. www.law.smu.edu

Arizona State University’s New College of Interdisciplinary Arts and Sciences invites applications for Associate Dean. Visit the New College job page at http://newcollege.asu.edu/jobs/

Required qualifications: PhD in college appropriate discipline (Arts & Sciences) and eligibility to be appointed at the rank of full professor. Candidates will have a record of excellence in scholarship and teaching that would merit a tenured faculty appointment at the rank of Professor in one of the disciplines in the College. Experience with administrative responsibilities and/or formalized faculty governance processes required. The Associate Dean will be committed to faculty development.

Desired qualifications: Moreover, s/he is a good listener, highly motivated, collaborative, forward thinking and creative, with good judgment, strong leadership skills, and shares commitment to liberal arts education. Candidates ideally have past experience with university promotion and tenure processes.

Application procedure: Send electronically: a letter of application, describing administrative philosophy and achievements, teaching philosophy and research program; unofficial transcripts; curriculum vitae; and a list of four references to Jamie.Howell@asu.edu,

Application Deadline: February 15, 2014 or every other Monday until position is closed. Arizona State University is an equal opportunity/affirmative action employer. Women and minorities are encouraged to apply. ASU’s complete non-discrimination statement may be found at: https://www.asu.edu/titleIX.

Dean, Texas A&M University School of Law Fort Worth, Texas

Texas A&M University invites nominations and applications for the position of Dean of the Texas A&M University School of Law. The desired appointment date is July 1, 2014.

Texas A&M University is a nationally-ranked, Tier 1 research university. It is the flagship institution of the Texas A&M University System, the fourth-largest university in the United States, and the largest university in Texas. Consistent with its Vision 2020 goal to be recognized as one of the ten best public universities in the nation, Texas A&M University added the first public law school in North Texas to its list of prestigious graduate institutions on August 13, 2013 when it acquired the ABA-Accredited and AALS-Member Texas Wesleyan University School of Law, which is now the Texas A&M University School of Law.

Texas A&M University School of Law is located in downtown Fort Worth, one of the 20 largest cities in the nation. Fort Worth has been voted one of “America’s Most Livable Communities” and has a population of nearly 800,000. Just 30 miles separate Fort Worth and Dallas, and the encompassing Fort Worth/Dallas metropolitan area is joined by a number of suburban communities and small towns. The metropolitan area, with a total population in excess of six million people, offers a vibrant legal community supporting extensive federal and state court systems and agencies, including regional branches of the Patent and Trademark Office, the Federal Reserve Bank, the National Labor Relations Board, the Environmental Protection Agency, the Equal Employment Opportunity Commission, and the Securities and Exchange Commission. This metropolitan area also provides affordable housing and a thriving economy.

Texas A&M University School of Law is committed to excellence in scholarship, teaching, and public service. With its distinguished faculty of scholars and practitioners who are recognized experts in their field; its nationally ranked advocacy programs in moot court, mock trial and alternative dispute resolution; its certificate programs in intellectual property, business law, dispute resolution, estate planning, and family law; and its strong supportive network of former students and community partners, Texas A&M University School of Law provides a dynamic opportunity for a visionary leader. That leader can help continue a tradition of excellence while operating with the new support, resources, and opportunities for excellence from a world class public university.

The Dean will provide academic, intellectual, and administrative leadership, helping to shape and advance Texas A&M University’s vision of transcendent excellence in research, teaching, and service. In addition, the Dean will have responsibilities for creating strong relationships with the North Texas community, alumni and the broader legal profession.

Candidates must have a juris doctorate degree and be qualified for appointment at the tenured rank of Professor. Applications are welcomed from individuals whose experience has prepared them to make strong contributions to diversity, inclusion, and innovation in higher education and to further Texas A&M University’s mission of educational preeminence. A mature understanding of the working dynamics of a law school within the parameters of a larger university system is preferred, along with experience in, or aptitude for, administration and fundraising. However, other candidates who hold distinguished records of professional and intellectual leadership or outstanding service to the community will also be considered.

The Search Committee welcomes applications and nominations from interested individuals and also encourages applications and nominations of minorities, women, and other candidates who are traditionally underrepresented at the Dean level. For nominations, the Committee asks that complete contact information be provided for the nominated individual.

Applications should include a curriculum vitae and a cover letter including a brief statement of interest. Although the Committee will continue to accept applications until the position is filled, to be given fullest consideration applications should be received by January 15, 2014. Applications and nominations should be sent to:

Texas A&M University Law Dean Search Committee Texas A&M University School of Law 1515 Commerce Street Fort Worth, TX 76102 Electronic submissions are encouraged and should be sent to: deansearch@law.tamu.edu

Texas A&M University is an Equal Opportunity/Affirmative Action Employer. This position is a sensitive position and is subject to a criminal background check. All nominations and applications will be kept confidential. For more details about Texas A&M University School of Law, visit our website description at

http://law.tamu.edu.

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University of San Diego SCHOOL OF LAW

Celebrating Alumni Success Stories for 60 Years Meet A USD Success Story D. Scott Martinez, Class of 2006 City Attorney, Denver, Colorado “You want a school with not just a good reputation, but a great one. You want a faculty invested in your academic and post academic success, an environment that promotes intellectual curiosity, and a culture of collegiality with your fellow law students. I chose USD because it’s a unique law school where you can find all of that.” Learn more about USD and Scott’s success at law.sandiego.edu/martinez

The Andrew Young School of Policy Studies, Department of Economics at Georgia State University has posted job opportunities. For details and deadlines, please continue to check the following website: https://aysps.gsu.edu/econ/ employment-economics. All applications must be submitted through www.academicjobsonline.org.

The Andrew Young School is ranked among the top 20 policy schools in the area of Policy Analysis. The school houses the Department of Economics and outstanding research centers in health policy, fiscal policy, experimental, and international studies, among others. The research centers generate opportunities for funded scholarly research. Georgia State University, a unit of the University System of Georgia, is an equal opportunity educational institution and an equal opportunity/affirmative action employer. Candidates must be eligible to work in the United States. At time of offer, a background check is required.

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2014 Publication Dates

SAVE THESE DATES

& RESERVE YOUR SPACE ISSUE DATE

THEME ISSUE

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Year in Review

Jan. 13

AD DEADLINE

• Jan. 27 Financing a College Education • Feb. 10

• Feb. 24

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Women in Higher Education

Community College Issue Graduate School Issue

• May 5

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Colleges for Hispanics Colleges for Hispanics

• June 9

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Health Professions Issue

• August 4

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12/23/2013

PROVOST AND EXECUTIVE VICE CHANCELLOR FOR ACADEMIC AFFAIRS ROLLA, MISSOURI

Missouri University of Science and Technology (Missouri S&T) seeks an accomplished and innovative leader for the position of Provost and Executive Vice Chancellor for Academic Affairs. This is an exceptional opportunity for a successful leader who values the role of integrated education, research and application in helping to solve the world’s great challenges. Located in the Ozarks Highlands, the university was founded in 1870 as one of the first technological schools west of the Mississippi River. Missouri S&T is one of the nation's top research universities and is consistently recognized for its return on investment. It is a public institution that enrolls more than 8,100 students from 50 states and 55 foreign countries with 55 degree programs in engineering, science, computing and technology, business, management systems, education, the humanities and the liberal arts. As the chief academic officer and senior member of the Chancellor’s cabinet, the provost is responsible for the overall academic mission of the university. She or he works with the Chancellor and her cabinet, vice provosts, deans, faculty, students and staff to inspire and promote innovation and excellence in research and technology transfer, scholarship, teaching and learning, outreach, and engagement. The provost will be critical in implementing the bold strategic plan, including growing the faculty by 25 percent by 2020 with 100 hires in selected areas. The provost must demonstrate acuity in understanding, managing and articulating financial challenges facing a public research university in the rapidly evolving landscape of higher education in the state of Missouri, the nation, and the world. Missouri S&T has retained the services of Isaacson, Miller to assist with this search. Confidential inquiries, nominations, referrals, and resumes with cover letters should be directed in confidence to: Vivian Brocard, Vice President and Director, or Ariannah Mirick, Associate, at 4968@imsearch.com. Electronic submission of materials is strongly encouraged. To learn more about Missouri S&T, visit http://www.mst.edu.

Equal opportunity shall be provided for all applicants on the basis of their demonstrated ability and competence without discrimination on the basis of their race, color, religion, sex, sexual orientation, national origin, age, disability, and status as Vietnam era veteran.

Seeking Full-Time Faculty Florida State College at Jacksonville is looking for innovative full-time faculty who are dedicated to student success. We are a progressive, four-year state college offering associate and bachelor degrees. Our northeast Florida location has beautiful beaches, moderate temperatures and a cost of living that is below the national average. Courses are taught in modern classrooms, online, or a hybrid blend of both. Creativity and critical thinking are encouraged in our students and our faculty. Our goal is to make learning enjoyable so that students will want to continue to learn throughout their lives. Our college supports faculty development with programs that encourage the integration of technology and research-based teaching and learning. As a result, social networking and pedagogical tools such as mastery and cooperative learning are used extensively. Our faculty has access to the Blackboard learning management system and a variety of online and proctored testing options. We are constantly striving to give students the knowledge, skills and assistance that they will need to succeed in this ever-changing world. Are you interested in joining our community of dedicated educators? If so, faculty positions are currently available in the disciplines listed below:

Accounting • Automotive Service Technology • Aviation Maintenance Technology • Biological Sciences • Business Analytics • Computer Information Technology • Computer Networking • Early Childhood Education • Engineering Technology • Graphic Design • Mathematics • Music • Nursing • Ophthalmic Technician • Psychology • Respiratory Care • Spanish • Speech For a complete description of these, as well as other positions that we have available please visit https://Jobs.FSCJ.edu. Review of candidates will begin in mid-late January 2014 and continue until an appointment is made for each position. Interested candidates must submit a Florida State College at Jacksonville online application, available at https://Jobs.FSCJ.edu, and unofficial student copies of transcripts confirming the award of the required degree and/or coursework. A resume will not be accepted in lieu of submitting an online application. Additional information on Florida State College at Jacksonville can be found at http://www.FSCJ.edu.

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Florida State College at Jacksonville does not discriminate on the basis of age, race, color, national origin, sex, disability, religious belief, marital status, genetic information, or veteran status in employment or the provision of services and is an equal access/equal opportunity affirmative action college.

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REGIONAL VICE CHANCELLOR FOR ACADEMIC AFFAIRS

University of South Florida St. Petersburg is a separately accredited, fiscally autonomous, urban institution within the University of South Florida System. Nearly 5,000 students are enrolled in 35 undergraduate and graduate degree programs through the colleges of Arts and Sciences, Business, and Education. USF St. Petersburg is committed to excellence in research and teaching, and values faculty-student research collaboration, interdisciplinary perspectives, university-community partnerships, and a student-centered environment supportive of diversity. USF St. Petersburg’s beautiful waterfront campus is located in downtown St. Petersburg. As an integral and complementary part of a multi-campus university, USF St. Petersburg retains a separate identity and mission while contributing to and benefiting from the associations, cooperation, and resources of a premier national research university system. The Vice Chancellor for Academic Affairs (Chief Academic Officer) provides leadership and oversight for Academic Affairs and Student Affairs, including colleges, academic programs, faculty academic support units, and student life and engagement at the USF St. Petersburg. This position reports directly to the Regional Chancellor (Chief Executive Officer). Minimum Qualifications: The successful candidate will: (1) have earned a Ph.D. or its equivalent from a regionally accredited institution of higher education, and have demonstrated significant academic and research accomplishments commensurate with the level of Full Professor; (2) provide evidence of at least three years of successful academic leadership responsibilities at a college or university including effective budget oversight, supervision of a complex faculty unit, as well as faculty recruitment, mentoring, and retention; (3) demonstrate active engagement with the evolving higher education landscape; (4) display active experience with achieving and/or maintaining regional and/or professional accreditations; and (5) show academic leadership experience at the level of a college dean/director or higher at a Master’s-granting institution or better with a strong focus in quality research. Preferred Qualifications: The successful candidate will provide evidence of: (1) strong interpersonal and communication skills with the ability to negotiate and advocate effectively in complex environments; (2) strong collaborative management skills; (3) a commitment to developing and enhancing a robust student life; (4) implementing and supporting shared governance and decision-making; (5) building and maintaining relationships with colleges/units across an institution; (6) the ability to articulate a vision for metropolitan/urban universities; (7) advancing diversity and inclusion, multicultural and global perspectives, and engagement with the community; (8) high integrity, energy, and enthusiasm; and (9) an entrepreneurial leadership style. Application Process: Interested candidates should submit an online application by visiting our Web site at www.usfsp.edu/jobs. Candidates should also include: (1) a letter of application; (2) a current curriculum vitae; (3) a statement of educational and leadership philosophy; and (4) the names, addresses, telephone numbers, and e-mail addresses of five persons who are willing to provide references. Individuals wishing to place names in nomination should submit a letter of nomination that outlines the nominee’s abilities and accomplishments relative to the minimum qualifications along with the nominee’s address, telephone numbers, and e-mail address. Requests for information or written nominations should be directed electronically to the USF St. Petersburg Human Resources Department at hr@usfsp.edu. For disability accommodations, contact 727-873-4115 or, if you are hearing or speech impaired, please contact the agency via Florida Relay Service at 1-800-955-8770 within five days of an event. For best consideration, application materials should be received prior to January 31, 2014. USFSP is an EO/Equal Access Institution. Welcoming....Diverse....Inclusive

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cooley.edu

Cooley Law School graduates lead in

José Brown

Attorney, Cline, Cline & Griffin

José Brown is an attorney with the Martindale-Hubbell AV-rated law firm Cline, Cline & Griffin.The Flint, Michigan, law firm was established in 1928, and is well known for excellence in medical malpractice defense, and general, civil, and business-oriented matters. Brown specializes in civil litigation, including personal injury law, professional liability defense, general defense, dental, hospital and medical malpractice defense. He serves on numerous boards, associations and committees, an author for the Amicus Curiae Committee of the Michigan Society of Hospital Risk Managers, a Lifetime Fellow of the Michigan State Bar Foundation, a Cooley Class representative, and the only Cooley graduate to have a hole-in-one at the annual Alumni Golf Outing event!

Civil Litigation

Cooley Law School Graduates Lead. Cooley stresses legal knowledge, practice skills, and professional ethics, concepts that are now receiving much attention in legal education, but have been in place at Cooley since its founding in 1972. Learn about Cooley Law School at cooley.edu 40Years of Excellence

SCAN & LEARN MORE

Thomas M. Cooley Law School is committed to a fair and objective admissions policy. Subject to space limitations, Cooley offers the opportunity for legal education to all qualified applicants. Cooley abides by all federal and state laws against discrimination. In addition, Cooley abides by American Bar Association Standard 211(a), which provides that “a law school shall foster and maintain equality of opportunity in legal education, including employment of faculty and staff, without discrimination or segregation on the basis of race, color, religion, national origin, gender, sexual orientation, age or disability.” ICG.1213.058.AD

Cooley Law School leads in diversity

•1st in J.D. Minority Enrollment

Cooley stands firm in its belief that a diverse student body enhances both the academic experience and the legal profession. Based on the data reported in the ABA-LSAC Official Guide to ABA-Approved Law Schools (2011 Edition), Cooley Law School ranks first in total minority enrollment.

•1st in J.D. Foreign National Enrollment •1st in J.D. African-American Enrollment •6th in J.D. Hispanic Heritage Enrollment •6th in J.D. Asian-American Enrollment

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ADVERTISING INDEX TEXAS

POSITIONS ARIZONA

Texas A&M University, College Station

Arizona State University Central Arizona College

24 23

FLORIDA

Florida State University University of South Florida

29 30

GEORGIA

Georgia State University

MISSOURI

Missouri University of Science & Technology

INSTITUTIONAL

University of San Diego University of the District of Columbia Stetson University Thomas M. Cooley Law School DePaul University New York Law School Southern Methodist University

CA DC FL MI IL NY TX

26 23 32 31 23 6 24

NORTH CAROLINA

University of North Carolina, Asheville

OHIO

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University of Akron

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P ri min g the Pump. ..

LEARNING FROM FAILURE Miquela Rivera, PhD, is a licensed psychologist with years of clinical, early childhood and consultative experience. She lives in Albuquerque, N.M.

Failure is simply the opportunity to begin again, this goal. What would success feel time more intelligently. – Henry Ford like? How or why does it inspire? Practice the overall ailure is hard for any Hispanic student to face, but it visualization of success withgoes down easier if there is something to gain from it. out every detail that could create failure. Focus on what the Usually there is, and young Hispanics need to learn how end result will be, and then inquire about Plan B (or C or to find the lesson or opportunity that remains when things D) for getting there. This approach helps remind the student do not go as planned. of the honor in her/his dream and the desire to do well, There is always an excuse for giving up and walking away moving past the latest failure. when faced with failure, but most of the time fear is the Finally, walk the discouraged Latino student through underlying reason. Fear of failing again, fear of success, fear developing and starting an alternative plan. What lessons of being stuck and fear of facing limitations can discourage were learned from the failure? How can the student accommany people, but Hispanic teens with limited support are plish whatever needs to be done differently? Break the task most vulnerable to giving up when they fall short of a into small steps and help individuals do one small step at a desired goal. time, adjusting their course as necessary and enjoying their Adults can help Latino students learn to handle failure successes as they proceed. and view it as a possible opportunity if they ask the right Objective listening without judgment is typically the most questions. (Questions get heard more readily than state- useful tool an adult can use when reaching out to a discourments do because they give the student the benefit of know- aged Hispanic student. Seeking to understand the student’s ing that only his determination – not his competence – is in experience and perception of failure helps the adult underquestion. Those questions are helpful if they are framed to stand the student’s struggle and pain. If students can convey share the student’s disappointment or frustration while ask- their upset and disappointment and be heard without critiing about his plans to get back on track). Ask the student cism or judgment (though sometimes teens hear criticism what is keeping him from trying again. Is it an attitude that when it is not there), they are more apt to find their own there is only one, sole chance for success? Are his expecta- solutions and develop an alternative plan to try again. Even tions realistic? Is the definition of success too narrow to har- casual conversation can help a Hispanic student recharge vest any lessons? Is the student resisting something new? Or his battery after discouragement and find the will to go on. is the shame, guilt, humiliation or loss so great that he What are his past successes and how did they manage to seems immobilized to try again? succeed? How can he use those strategies in the current sitThe family’s response is a crucial influence on how a uation to succeed as he tries? Who else does he know who Latino student processes and gains from failure. If parents can serve as a role model for perseverance? Whether it is a are quick to say, “!Te dije!” which is really a discouraging “I parent or relative who made it through tough times, a histold you so,” only a negative message will be heard. If family torical figure famed for not giving up or celebrities who can accept the failure and encourage the student to persist, have shared their stories, Latino students can more easily the chances are greater that he will. relate to someone they know or admire to humanize the When faced with less than positive results, adults can experience and assuage the pain of failure. guide a Latino student back to her/his original vision or

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