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Priorities

A long time ago in a land far away, the internet had yet to be invented and very few people even had a computer. Communicating in writing was more involved back then. Letters between individuals were generally hand-written, and one had to address an envelop, find a stamp, and walk the letter to the nearest post office box. In my case, luckily, that was no farther than the lobby of my dorm at college, where I dutifully went every day in the hope that I’d have mail waiting.

And so it was that I received an envelope one day, containing several pages of hand-written script. It was from my best friend from high school. We had grown up together in South Florida, where the only season was summer and the only weather was hot and humid. He was a college freshman in Georgia, whereas I was attending a school in Texas.

As I walked up the stairs to my fourth-floor room, I tore into the envelop as I would a care package from my parents, eager to see what news awaited. Was he pledging a fraternity? Was he doing well in school? Was he as homesick as I was?

I don’t recall that much of the content of the letter all these years later. What I do remember, though, like it was yesterday, was the beautiful leaf he had carefully pressed between the pages. It was bright red with tinges of yellow. So unlike the palm trees we had both grown up with. Despite its being an omen of impending winter and the bare landscape to come – or perhaps because of it – it was stunningly beautiful. I remembered turning the stem in my hands to examine it from all directions.

Then it occurred to me: he and I were at similar latitudes, so the leaves on my campus must be changing, too!  I looked out the window, and sure enough, the trees were magnificent. There were pale golds, darker ambers, bright reds, and dull browns. How long has this been going on? I wondered.  Somehow, I had been too busy studying to notice. I had also been too busy studying to eat well and sleep enough.

Of course college is time-consuming; law school, even more so. But to walk back and forth to classes several times a day and not notice anything other than that I now needed a coat was ridiculous. I resolved to change my ways and enjoy life a bit more, while not slacking off on my studying.

It was be wonderful if that were the end of the story. Alas, I wasn’t that quick back in those days. I kept studying more hours than I should, not eating well, and not sleeping nearly enough. I didn’t know it at the time, but when I received that letter I was mere weeks away from strep throat. And in February came the mononucleosis that would keep me sick for five months.

School, I learned, is more closely akin to a marathon than a sprint. It requires tremendous stamina and sustained good health. Years later, when I was in law school, one of our professors told us that we had to “Study, study, study, study, study, eat a little bit and sleep occasionally.” Fortunately, I knew that therein lay, if not madness, at least a greatly increased risk of illness.

Today, I try to pace myself better. I avoid eating food from a window as much as possible. I will not settle for less than seven hours of sleep a night – at least not for more than one night in a row. And I take time to notice the natural beauty all around me.

I can still see that leaf in my mind’s eye. My high school best friend went on to medical school, whereas I went to law school. Just today, I was noticing the splendid colors in my next door neighbor’s tree. I wonder if my pal continues to notice, too, in between his patients. I hope so.

Sucks to be Matt…

...but ist is an interesting error message, though!
…but it is an interesting error message, though!

Back to School

Today is my first day on a new campus.  There are those little magnets with words on them on the refridgerator in the staff lounge.  As limited as the options were, I couldn’t resist and wrote a haiku:

Crave gorgeous language

Experience picture words

Find the print music

It’s good to be back in the classroom.  It had been too long.

On Being a Generalist

At a recent job interview, the dean of a law school asked me what my teaching specialization was.  Without hesitation, I told him, “Legal writing.”  And it’s true, to a point.  It’s my favorite subject to teach, and writing for legal publishers is what I do when I’m not teaching.

But it would be more accurate to say that I’m a generalist.  I love all the main topics of substantive law: Criminal Law, Criminal Procedure, Evidence, Family Law, Property Law, Torts, Contract Law, Wills & Trusts, Ethics, Civil Procedure… to name just a few.  I’ve taught all of these and more at the paralegal level, and some of them at the bar review level.  I wouldn’t have it any other way.

When I recently taught Communication and Negotiation, I was able to pull communications examples from many different fields of law.  When some students in my last Evidence class asked me on a break to explain Jurisdiction and Venue to them, I could sum it up in 60 seconds.  (This only works because they knew more than they realized they did.  I helped them organize the information their previous professor had already given them.)

There are many advantages to being in touch with more than one area of law.  I can help students see where the practices overlap and recognize when it may be necessary to bring in another firm.  I can vary the examples I use and keep the discussion fresh.  Of course, it’s fun for me, too, since I love the law – in all its many forms.

I just finished teaching Communication and Negotiation for the Paralegal Training Program of UCLA Extension.  After the last class, a number of students stopped by to tell me how much they had enjoyed the course.  One student said she felt it was perfectly placed in the sequence, being the last class they took before graduation.  She said it helped her to see how various legal subjects fit together in a communications context.  A different student told me she felt the course would have been more useful had it been the first one they took.  That way, the students would have had better communications skills as they went through their cirriculum.

Either way, I’m pleased that they felt they gained some new skills from the course.  I certainly enjoyed teaching it.

I cannot tell you how many times I’ve read through the United States Constitution. My pocket copy from law school is dog-eared, highlighted, and annotated in the margins. I use the Constitution frequently in teaching my Paralegal Studies courses because, no matter what the course subject, all American law is influenced by this one document. And yet it wasn’t until today that I noticed something for the first time: the use of the secular alternative in the Presidential Oath of Office.

Before he enter on the execution of his office, he shall take the following oath or affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

- U.S. Const. art. II, § 1 (emphasis added)

It impresses me that people (or, at least, free, white, male, land owners) in 1787 thought that religiosity might be an unnecessary trait in a President. I continue to be amazed at the depth of thought put into our nation’s highest law.

Let me not overstate the case. Our constitutional system isn’t perfect. But it could still become so.

Since I don’t have time for the next two weeks to give this subject the attention it deserves, I will defer to Michael C. Dorf’s op-ed piece on FindLaw: The California Same-Sex Marriage Ruling: What it Says, What it Means, and Why It’s Right.

A few tidbits:

[T]he California Supreme Court ruled that sexual orientation is a “suspect classification” like race or sex—the sort of government classification that is presumptively invalid because it so often relies on stereotypes about people who, as a group, have long been the victims of discrimination.

This is “big doin’s” in Equal Protection parlance. It means that it just became harder to justify legislation that disadvantages people based on their sexual orientation. Of course, this will only last until the voters of my state decide to amend our state constitution – which requires merely a simple majority. I’ll give Prof. Dorf the last word:

Should the voters of California respond by overriding the decision by ballot initiative, that will not in any way prove that the Court erred. It will show only that the voters have sullied the noble principle of equality with an exception rooted in prejudice.

Start Where You Are

G-8 ministers stress environment protection

TOKYO (AP) – The world’s top industrialized countries should develop environmentally friendly workplaces and help workers move to nonpolluting industries, their labor ministers said Tuesday.

The ministers from the Group of Eight industrialized nations set environmental protection as a top priority after meeting with international trade union and business groups in Niigata on Japan’s northwestern coast.

“Sustainable society is based on the three independent and mutually reinforcing pillars of economic development, social development and environmental protection,” the ministers said in a joint statement

The countries – the United States, Russia, Canada, France, Japan, Germany, Britain and Italy – also pledged to address income disparities, strengthen labor markets and create conditions for economic growth.

Other than saying they wanted to reduce greenhouse gas emissions, the G-8 ministers really didn’t give us many ideas to work with.

What we could do at my work place: encourage employees to take the train or bus; recycle paper from the copier and printers, recycle bottles and cans in the break room, use more energy efficient lighting…

What I am doing: driving my economical car to work 1.75 miles from my home, learning to bicycle so I can ride to work some days, no longer using disposable dishes, cups, and flatware, and considering – just considering at this point – walking to the grocery store

Wow, I’m glad they had that summit in Tokyo to help us all figure it out!

Allow me to quote from the AP: “PHILADELPHIA (AP) – A half-dozen police officers kicked and beat three men pulled from a car during a traffic stop as a TV helicopter taped the confrontation.”

Here’s the best part: “”On the surface it certainly does not look good in terms of the amount of force that was used,” Police Commissioner Charles Ramsey said. “But we don’t want to rush to judgment.”” (Emphasis added.)

The teacher in me was starting to lament that this is happening too soon. I won’t be teaching Criminal Procedure again for two and a half months. But then I remembered two things. First, this case will probably still be in the news by then. And second, if it’s not, a similar case will have come along to take its place.

I’ve never had a problem teaching current events as part of my classes. The last time I taught Criminal Law, the first day of class, the story broke about Senator Larry Craig soliciting gay sex in an airport mens’ room. (That made a nice opening lecture to the class – no one dozed off that day!)

Last module I taught Family Law. Thank you Yearning for Zion Ranch for the largest child custody case in U.S. history, right on time for my students to research the rights of all parties involved for their final project.

Now we’re in Contracts class. Thank you New York Governor Eliot Spitzer’s call-girl “Kristen” for suing Girls Gone Wild for breach of contract! (I said to my students, “And you thought Contracts wasn’t sexy…”)

It’s a mad world. And it’s never dull.

Grading Rubrics

A grading rubric is simply a checklist for assigning points for an assignment. It helps me to be consistent across a number of students’ papers. There’s no looking back through a stack of assignments to see how many points I deducted when someone else made the same mistake. It also helps to remove subjectivity from grading. I won’t say that rubrics remove all possibility of bias, but they help. Finally, a rubric helps the student to see where points were lost, thus showing them how to improve.

A sample rubric might go as follows. I decide I want to evaluate five criteria: timeliness, length, number of references, spelling and grammar, and content. So I make the paper worth 25 points. For timeliness, if the paper is on time, the student gets five points; if the paper is late, the student gets zero points. Or, I could deduct one point per day late. How I set it up is entirely up to me.

Continuing the example, I may deduct one point out of the five assigned to length for every page that the paper is short. I may deduct one point out of the five assigned to spelling and grammar for every two mistakes. Content is still a largely subjective area, even with a rubric. I typically set mine up to count either factual mistakes or missing issues and deduct points accordingly. (This requires that I have solid subject matter knowledge.)

I know many college professors who hate rubrics and prefer to “shoot from the hip” where grading is concerned. While the people I’m thinking of are experts in their disciplines, none of them have studied education. My undergraduate degree in Psychology comes close, and that’s where I took the course “Testing and Measurement,” among other education-related classes. I prefer a more scientific approach to grading.

I’m told the California Bar Examiners use a grading rubric for grading the Bar Exam. It’s a simple checklist of issues, and the graders still must evaluate the clarity of the writing, but it’s a start toward consistent scoring of the exams.

An added benefit is that I rarely have students argue over their grade when I’ve stapled a rubric to the front of their papers. They understand how their grade was determined. And they know everyone else’s grade was calculated the same way.

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