Paul L. Caron

Tuesday, June 18, 2019

Law School Teaching And The Forgetting Curve

Steve Friedland (Elon), The Forgetting Curve:

My first teaching opportunity arose less than a year after graduating from law school when I was asked to teach Evidence to approximately 70 upper level law students at a law school in South Florida. Without training or guidance, I did what many people probably would have done under similar circumstances — essentially replicate what I had seen as a student. I covered assignments day-by-day and waded through the traditional doctrinal topics contained in the traditional casebook I had chosen. For me, it was all about segmented coverage of material.  From a student’s perspective, though, I am sure the class felt very different, more like a grueling teen tour through Europe — 13 countries in three days.

By framing my class as an educational assembly line, I thought I had done my job – cover doctrinal material and foster critical analysis. Now it was the students’ job to learn and apply the substantive doctrines on their own for the exam. Yet if I knew then what I know now, my teaching approach would have been dramatically different.

In the past two decades, scientists using advanced technology have learned so much about the brain, including more about how learning takes place. Scientists have studied what happens to information that is communicated to learners in a class.  Do students immediately store that information in brain files like computers do for ready and easy access whenever the information is needed? Does the process of note-taking mean students can access what they have learned at anytime?  Does multi-tasking affect the learning process? If yes, then how?

The scientific answers to these questions are both nuanced and complex.  They tell us that teaching does not equate to learning, especially long-term retention and recall.  If the goal is to become a self-directed and effective learner, what first counts is paying attention, focusing on information, and then engaging in useful retrieval practices to make that information stick. ...

Applying this brain science, and the Forgetting Curve in particular, to law school teaching is sobering.  Even after a highly productive class, the student who waits until the end of the week, let alone the semester, to review course material will already have forgotten most of it. The same holds true for student stenographers who dutifully type everything that is said during class, without ever thinking about it, as well as for students who don’t consistently review and repack what they got out of class.

Based on what I now know from science and experience, my approach to teaching has changed quite a bit. Law teaching involves both facilitating the “pizza delivery” of information and also serving as a metacognitive learning coach. For example, I can do a lot at the beginning of a class to bridge the subject to be covered with prior material – an instance of spaced repetition – and connect or chunk it for students. I can create a better learning environment by having note-breaks in a longer class so students can recall what they have learned, prioritize the material, and organize it for access and recall. I can use numerous active learning techniques so students can process and contextualize the information they are hopefully encoding.  Finally, the end of a class can be used for students recalling one or more of the most important points made in a class.  All of these techniques demonstrate “learning how to learn” and how to be more effective self-directed learners.

So much for thinking I was doing fine in my first Evidence course so long as I plowed through the material!  It’s not the first to finish who wins after all. Instead, brain science has taught me to ask different questions as a professor, and coverage simply isn’t at the top of the list.  Instead, I have learned to inquire whether my class creates a good environment for long-term learning that lasts.

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I'm just going to say that I honestly remember more from middle school than I do from bar prep.

Posted by: Unemployed Northeastern | Jun 19, 2019 2:45:44 PM

Everybody knows law profs don't teach; they teach around a subject and hide the ball until after the exam. Only exception is tax and tax LLM profs.

Posted by: Lanon | Jun 18, 2019 6:19:31 PM