INTRODUCTIONS FOR VOLUME FIVE MATERIALS

U.1 Law Services, An Introduction to Academic Assistance Programs, (1992).

This volume is the core of many of the ASP programs in America. While some implementations of the approach it proposes have been statistically shown to have no net positive effect (after corrections for regression to the mean), reading it is important for perspective and understanding of the foundations for ASP projects and techniques.

U.2 Core Knowledge, Common Knowledge, (Volume 8, Nos. 1/2, 1995).

"...the past is not the present writ small..." (at page 7).

Contains a series of essays on factors that are important in teaching anything that has an historical component or perspective -- which just happens to include 95% of all case law used in law school.

The Core Knowledge foundation is at the heart of efforts to teach learning in the context of substantive material. Interestingly enough, the founder of the Cultural Literacy/ Core Knowledge System is a liberal who wanted an effective method to aid disadvantaged students in obtaining a level footing in the educational system and who realized that the popular methods were not only failing to aid ASP type students but were harming them.

In the process, he developed teaching approaches that taught all students better.

U.3 Core Knowledge, Common Knowledge, (Volume 8, Nos. 3, 1995).

Many times academic arguments break down into "a or b" sort of things. E.g. "more writing experiences" vs. "more skills courses." Often, the real answer is that a program should have both, not just either one or the other.

Honestly, I do not know much about phonics vs. whole language. I do know that this issue is an excellent example of how to argue "both, not just either one or the other." It is included as an illustration of argument.

E.g. in legal education: not just "study groups or faculty involvement" but both.

U.4 Robert Fulguhm, Retreading my opinions on everything, excerpt.

An example of someone rethinking their opinions.

U.5 Robert Fulguhm, A new tack, excerpt.

An example of what happens when someone finishes rethinking their opinions.

U.6 About Nolo Press.

Nolo Press publishes more self-help legal books than any other publisher. Many are used by lawyers and by paralegals.

Students trying to teach themselves the practical end of the law can benefit from reading and considering Nolo Press products.

V.1 Adam Walinsky, The Crisis of Public Order, The Atlantic Monthly (July 1995).

Many ASP students come from disadvantaged backgrounds. The violence and crime that is endemic to those backgrounds is hard to understand and difficult to properly consider.

Adam Walinsky's article is useful to anyone involved in an ASP program because it discusses clearly many issues otherwise ignored.

While the article and analysis has its flaws, it provides a useful perspective into the lives of many ASP students and is provided for that purpose.

V.2 Excerpt from Survival Skills for Practicing Lawyers, American Bar Association, Section of Law Practice Management.

This excerpt discusses how to get partners to provide you, as an associate, some degree of training.

"These pressures create what I call 'The Partner Problem,' that disincentive to partners investing time in their associates. Is it any wonder there is little enthusiasm..."

V.3 Camile Harper, When Gangs Hijack the Welfare State, Wall Street Journal.

This editorial reflects a common business view of welfare and what is going on. Important for understanding some policy makers you will have to deal with.

V.4 Hugh Pearson, Who Speaks for Black America?, Wall Street Journal.

This editorial, despite some glaring weaknesses, illustrates a point that most critics of the Black American experience miss -- the vast mainstream of Black Americans are trying very, very hard and doing what they can for themselves.

Interestingly enough (and not covered in this editorial) is that historically, Black Americans have had fewer divorces, fewer second illegitimate children and lower crime rates than White Americans. The last thirty years, while they color the national discourse, create a stereotype at odds with the historical record.

To the extent there is a genetic basis for crime, effort or other factors, the long term history of American Blacks would indicate that they are not as genetically disposed towards crime and failure as American Whites.

V.5 Brian H. Moody, What Colors My View of American Justice, Wall Street Journal.

This is the story of a Wall Street Journal executive who was arrested, with his 68 year old mother. Even the Wall Street Journal can't always pretend that things like this are not a common occurrence and a real issue.

V.6. Steve Blow, Apology doesn't atone for police bias, victim says, Dallas Morning News.

It is the last perspective item provided for helping professors and ASP personnel appreciate what it means to be Black in America.

W.1 Stephen R. Marsh, Surviving Loss (Texas Bar Journal, September 1995).

Law school creates a great deal of change. Further, for most students, their first year grades create more sense of loss than any other life experience to that point.

This essay discusses dealing with change and loss in depth and was written by request for the Texas State Bar Journal.

For many law students, the trauma of their grades is just as severe (to them) as the losses described in the article and they undergo the same responses.

W.2 The Learning Curve, Volume 3, Issue 1 (September 1995).

Professor Knapland's excellent work. Notes the dangers of staleness (which is the alternative to working from the general "ASP is good" "Something needs to be done" to specific analysis of specific issues, problems and approaches). As usual, she shows presentient timing.

W.3 The Legal View, Volume 3, Number 3 (July 1995).

Consider how much of the advice to lawyers also applies to educators. You (probably) won't be sued, but "client satisfaction" has many of the same elements.

W.4 Considering Your Options -- Life After Law School (Fall 1995).

A class outline and syllabus. So you didn't make law review, what next?

W.5 Excerpt, The Texas Observer, (focus on Jane Roe's Revenge) September 29, 1995.

Just some reminders about real people in real situations. They are not just billing units or even "just clients."

W.6 Stephen R. Marsh, An Alarming Equation, Texas Lawyer.

In Texas there are 3,000 people passing the bar every year and only 500 employment openings. As the Texas bar has discovered, that is 2,500 lawyers added every year to Texas. 2,500 lawyers who do not know a single useful thing about the practice of law.

This article also sets forth a simplified analysis of what needs to be done to properly educate these lawyers.

W.7. Wesley J. Smith, Eating His Words, National Review.

Substitute "law student" for profoundly disabled and you have the way that most unemployed law school graduates see themselves in the eyes of the law schools that educated them. Ask yourself if the 84% who are unemployed would be better off euthanized.

X.1 The Outline, Vol. 2 No. 3 (August 1995).

This is a copy of a sample issue (only two printed pages). The Outline is one of several Academic Support Newsletters, and this issue is included to provide the tenor of the publication. Note that Kent Lollis at (215) 968-1227 will provide (for $50) copies of the June 1995 LSAC workshop. The editors do a good job of providing dates and citations for current programs and material as well as a good east coast directory.

X.2 Advertisement for The Rodent newsletter and his book Explaining the Inexplicable, The Rodent's Guide to Lawyers.

Some of the Rodent's writing is humor, some is point blank bullet-proof advice. E.g. "The Staff Conspiracy" (from Explaining, 83ff). While not exactly accurate in the details, staff members will sabotage abusive attorneys when they can. Etc.

X.3 Amy Stevens, How a Lawyer-Client Relationship Went Awry, Wall Street Journal.

This article reviews a good example of just what goes on in many law firms (and where The Rodent gets much of his stuff).

X.4 Paul Reidinger, Confessions of The Rodent, ABA Journal (August 1995).

More on The Rodent.

X.5 Stanley Weintraub, Hitler's Architect and the Pleasure of Power, Wall Street Journal.

There has been a building crisis in legal education. In many ways, the professors and deans of law schools have been like the elite in the Third Reich.

Y.1 Richard B. Schmitt, Law Schools, Firms Sending a Message: Polish Your Prose, Wall Street Journal.

Illustrates how the public is beginning to realize that writing skill is crucial to practicing law.

Y.2 Nicholas Lemann, The Great Sorting, The Atlantic (September 1995).

Just in case you ever wondered where standardized tests came from. This article also provides some substance for claims commonly made in ASP programs.

Y.3 John Hirschi, The Critical Importance of Early Schooling, Cultural Illiteracy.

An interesting excerpt. The same principles seem to apply in law school which is why making certain that first year students learn substantive law (rather than "thinking like a lawyer") is important to their ability to learn and practice law.

Y.4 Nancy Gibbs, The EQ Factor, Time Magazine (October 2, 1995). Excerpt.

The bottom line of the EQ movement (Emotional Quotient or EQ vs. IQ) is that people with better coping skills and better people skills are more successful. EQ is generally more important than IQ in most situations -- once you get in the door.

Alienation, depression and anger block learning (something all ASP people notice). Socialization is extremely important. Not just dressing right (though your students should read Dress for Success if they dislike the idea of dark suits and white shirts), but interacting right. From speaking in the format of three sentences and a pause, to proper eye contact and posture, there are a host of essential socialization skills most ASP students lack.

Y.5 Stephen Marsh, The Bell Curve (September 1995).

Responses for those who have to deal with the issues. Addresses a number of faulty assumptions commonly accepted by both sides in the current debates.

Y.6 Compensation figures from RN Magazine (October 1995).

This is what nurses are paid, including the 50% line (50% are paid more, 50% are paid less). It is useful for perspective with the 50% for graduates from law schools.

Z.1 Additional Notes and Comments.

More unattributed notes and comments. Scattered in focus and quality. Lightly edited, includes on-line comments.

Z.2 Attributed Notes, Comments and Miscellaneous Matters.

Things people were willing to stand up and be counted as saying and general public comment. This also contains some cumulative materials.

Z.3 Pending legislative proposals, Texas (1996).

The first is my proposal, based on my published essay An Alarming Equation. The Texas tort reform lobby discussed it with me and will be taking care of promoting reforms. The second proposed legislative proposal is probably the current law and bears consideration. I was contacted this month about a prospective class action. More will follow, even thoug hI declined to accept the suit, someone eventually will.

The third proposal would bring law in line with all other professional programs. Nurses, Teachers, Journalism, Physical Therapists, etc. all have requirements of 30 (or more) semester hours of supervised clinical experience. The University is required to provide the experience or it cannot admit students to the program or graduate them. Luckily, Legal Services Corporation work is available for most of the students (much like nursing home work for nursing students). It is being considered for Texas and would not substantially impact the income of lawyers (none of the clients can afford attorneys), while it would provide substantial improvement to the public good. A year of clinical experience would round out a four year program.

Finally, Juris Masters programs would benefit all those (e.g. career civil service, etc.) who would gain from legal education but who do not need a four year program. Many marginal J.D. programs would make excellent J.M. programs

Copyright 1996-1997 Stephen R. Marsh
All Rights Reserved
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