Assessing an FCIL Assignment in an ALR Course

Anne Abramson Foreign & International Law Librarian Louis L. Biro Law Library The John Marshall Law School Global Legal Skills Conference May 21, 2015

Advanced Legal Research Course Structure

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8 instructors 25 students 14 weeks, including 11 topics and 3 special classes at the end 2 hrs. class (1 hr. 50 minutes)

Course Work

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6 assignments: 10 or 100 point scale Each assignment counts 10% Class participation: 10% attendance & group in class research exercise & forum post Group Oral presentation: 30%

FCIL Assignment

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5 questions (100 points total/20 points each) 1. Bilateral extradition treaty (U.S.-Swed.) 2. Multilateral public international law treaty (Vienna Convention on Consular Relations) 3. Foreign adoption law (Ireland) 4. Multilateral Private International Law treaty (Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption) 5. U.N. Convention on International Sale of Goods (CISG)

Directions & Example

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General Grading rubric: 5

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points each Accuracy of answer Quality of citation (Bluebook) Resource strategy (resource selection; efficiency) Clarity of research path: could I follow and replicate their results

1. Bilateral extradition treaty

Questions 1 & 2

2. Multilateral Public International Law treaty

Research Tip Question #1

Which “Vienna Convention”?

• • • • • Vienna Convention on the Law of Treaties Vienna Convention on Consular Relations Vienna Convention on Diplomatic Relations Vienna Convention on Protection of the Ozone Layer Vienna Convention on Succession of States

Questions 3 & 4

3. Foreign adoption law (Ireland) 4. Multilateral Private International Law treaty (Hague Convention on Protection of Children and Co operation in respect of Intercountry Adoption)

Individual Feedback

Ten Dollar Tea?

or Salad Dressing?

Quotes that Apply to Research

• Those who fail to plan, plan to fail. Benjamin Franklin • If you don't know where you're going, any road will take you there. Lewis Carroll in Alice in Wonderland

Variations on a theme by Yogi Berra

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If you don't know where you are going, you might wind up

someplace else.

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You've got to be very careful if you don't know where you are going, because you might not get there.

The Universe Provides…Helpful Reading

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Genevieve Blake Tung, Academic Law Libraries and the Crisis in Legal Education, 105 L. Libr. J. 275 (2013).

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Beau Steenken, Outcomes in the Balance: the Crisis in Legal Education as a Catalyst for Change, 19(6) AALL Spectrum 10 (April, 2015).

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Robert M. Linz, Research Analysis and Planning:

the Undervalued Skill in Legal Research

Instruction, 34 Legal Reference Serv. Q. 60 (2015).

There’s Learning and then… there’s Grading

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Is the student with the well developed keyword list a better researcher than the student with a more poorly developed list but better resource strategy?

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Should the student with the weakly analyzed problem and vague resource strategy but well-written and researched memo grade better than the student who did a thorough job planning and researching the problem but a poorer job analyzing and conveying the results?

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Should the student who created the amazingly detailed research log but who failed to note if they validated any of their authority be graded lower than the student who did capture validation data but neglected to list all resources consulted and findings from those resources? From Robert Linz, Research Analysis and Planning: the undervalued skill in legal research instruction, 34 Legal Reference Serv. Q 60, 85-6 (2015).

Oral Presentations

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You are the expert!

Teach us about how to research i.e. human trafficking, discharge of student loans in bankruptcy, patentability of abstract idea (post 2014 Alice case), causes of action and damages for revenge pornography, transferability of social security contributions when working overseas (Japanese law)

Analysis, Analysis, Analysis

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Research is an analytical process. Analytical skills begin with good organization, planning and discipline (staying on task).

Quality of student’s work product depended on strong or weak analytical skills (strategy and ability to modify as they learned more about their topic). Some “hit the nail on the head”. Others “missed the boat”. Students who invented a “hypo” or who started with a relatively narrow issue to research had more focused and disciplined strategies Research process involves process of elimination. We asked the students to discuss resources that they did or did not use and why. i.e. This issue is local in scope so we did not think it necessary to research international issues. This issue is so new that there is no case law on it, so I researched Illinois legislative history. Students don’t understand value of catalogs and indexes. As a result, they still struggle to find valuable secondary sources. Students generally had strong presentation skills and were adept with technology.

Strong student presentations set a high bar for the class. Students could assess themselves and each other. (i.e. Dancing with the Stars)

A “Google World”: Search First, Filter Later

“[I]s research analysis and planning a critical skill in a ‘Google world’?” Linz at 86.

Lessons for the Future

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Four instructors (not 8) Adopt consistent approach to assignments and grading (i.e. citation) Attend/record our classes Provide opportunities to earn extra credit in order to reward students who wish to do more work to improve their grade Consider advantages of group v. individual work Ask students to submit their PowerPoint slides Students said they wish they had this course earlier in law school

Favorite Quotes about Education… and Legal Education in particular

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In theory there is no difference between theory and practice. In practice there is.

“Yogi?” Berra

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I hear and I forget. I see and I remember. I do and I understand.

Confucius