Incorporating Experiential Education Throughout the Curriculum

In discussing experiential education, Best Practices for Legal Education focused primarily on the three traditional types of separate experiential courses: in-house clinics, externships, and simulations, and treated them in a separate chapter. These courses were defined as those where “experience is a significant or primary method of instruction” rather than a secondary method, and where “students must perform complex skills in order to gain expertise.” Arguably, this separate treatment reinforced what has too often been a divide between doctrinally-focused teaching and practice-focused teaching. Best Practices recognized that “experiential education can be employed as an adjunct to traditional methodologies regardless of class size” through methods such as incorporating simulation exercises into doctrinally-focused courses. It did so, however, only as part of its discussion of best practices for legal education generally. This section builds on Best Practices by emphasizing the need to incorporate experiential education throughout the curriculum in order to maximize its educational impact. The term “experiential education” is, therefore, used to encompass both separate experiential courses and what will be termed “experiential modules.” Because a key distinction in experiential education is between simulated and real experiences, the term “clinical legal education” will be restricted to separate courses involving real experiences—law clinics, externships and offerings using alternative models, often termed “hybrids.” The term “law clinics” will be used to include both traditional in-house clinics taught by full-time faculty, and other structures that provide a similar level of intensive, integrated teaching and supervision. As Best Practices suggested, it is helpful to distinguish “experiential learning” and “experiential education.” Both happen in law school, and in life; both are important. Experiential learning is simply a primary way that people learn on their own, whereas experiential education involves active and purposeful design and teaching. A focus on experiential education directs law schools and individual legal educators to their role in ensuring that maximum learning takes place beyond raw experience. The way in which each teacher integrates experiential education methods will often determine how far the students develop as lawyers in response to those methods. The way in which a law school designs and delivers a coherent array of courses to allow a student to progress from novice to (reasonably) competent professional in three short years will, more and more, define its efficacy, reputation, and leadership as a provider of legal education.https://digitalcommons.law.uw.edu/faculty-chapters/1007/thumbnail.jp

Incorporating Experiential Education Throughout the Curriculum

In discussing experiential education, Best Practices for Legal Education focused primarily on the three traditional types of separate experiential courses: in-house clinics, externships, and simulations, and treated them in a separate chapter. These courses were defined as those where “experience is a significant or primary method of instruction” rather than a secondary method, and where “students must perform complex skills in order to gain expertise.” Arguably, this separate treatment reinforced what has too often been a divide between doctrinally-focused teaching and practice-focused teaching. Best Practices recognized that “experiential education can be employed as an adjunct to traditional methodologies regardless of class size” through methods such as incorporating simulation exercises into doctrinally-focused courses. It did so, however, only as part of its discussion of best practices for legal education generally. This section builds on Best Practices by emphasizing the need to incorporate experiential education throughout the curriculum in order to maximize its educational impact. The term “experiential education” is, therefore, used to encompass both separate experiential courses and what will be termed “experiential modules.” Because a key distinction in experiential education is between simulated and real experiences, the term “clinical legal education” will be restricted to separate courses involving real experiences—law clinics, externships and offerings using alternative models, often termed “hybrids.” The term “law clinics” will be used to include both traditional in-house clinics taught by full-time faculty, and other structures that provide a similar level of intensive, integrated teaching and supervision. As Best Practices suggested, it is helpful to distinguish “experiential learning” and “experiential education.” Both happen in law school, and in life; both are important. Experiential learning is simply a primary way that people learn on their own, whereas experiential education involves active and purposeful design and teaching. A focus on experiential education directs law schools and individual legal educators to their role in ensuring that maximum learning takes place beyond raw experience. The way in which each teacher integrates experiential education methods will often determine how far the students develop as lawyers in response to those methods. The way in which a law school designs and delivers a coherent array of courses to allow a student to progress from novice to (reasonably) competent professional in three short years will, more and more, define its efficacy, reputation, and leadership as a provider of legal education.https://digitalcommons.law.uw.edu/faculty-books/1011/thumbnail.jp

Inviting the Unexpected: A Theory of Teaching as Improvisation

All teachers deal with the unexpected in the classroom, especially externship and clinic teachers. Lesson plans go awry; students offer unanticipated insight; real experience opens up new territory; discussions wade into deeper waters; conversation veers into conflict. We can see the unexpected as a barrier to overcome, so that we can get to our planned content. Or we can follow or even encourage the unexpected, so as to include as a focus of the class. This concurrent develops a theory of teaching that describes and integrations improvisation into our regular practices as teachers. Drawing on analogies to acting and music, we will explore current theories of teaching as improvisation. We will describe several different ways in which to use improvisational methods as a teacher, from responding to unexpected questions in a carefully structured presentation, to handling hot topics and difficult conversations that emerge unpredictably, to planning for improvisation as a central feature of a classroom session. We will address how to plan classes that are both rigorous and improvisational. We will also address how to respond in the moment to unexpected events in class. Finally, we will explore how this approach changes the role of the teacher and how it can enhance student ownership of and autonomy in the classroom and in their work experience

Inviting the Unexpected: A Theory of Teaching as Improvisation

All teachers deal with the unexpected in the classroom, especially externship and clinic teachers. Lesson plans go awry; students offer unanticipated insight; real experience opens up new territory; discussions wade into deeper waters; conversation veers into conflict. We can see the unexpected as a barrier to overcome, so that we can get to our planned content. Or we can follow or even encourage the unexpected, so as to include as a focus of the class. This concurrent develops a theory of teaching that describes and integrations improvisation into our regular practices as teachers. Drawing on analogies to acting and music, we will explore current theories of teaching as improvisation. We will describe several different ways in which to use improvisational methods as a teacher, from responding to unexpected questions in a carefully structured presentation, to handling hot topics and difficult conversations that emerge unpredictably, to planning for improvisation as a central feature of a classroom session. We will address how to plan classes that are both rigorous and improvisational. We will also address how to respond in the moment to unexpected events in class. Finally, we will explore how this approach changes the role of the teacher and how it can enhance student ownership of and autonomy in the classroom and in their work experience

Incorporating Experiential Education Throughout the Curriculum

As experiential education proliferates, law schools will design approaches suited to their individual missions and circumstances. No “one size fits all” strategy will suffice and the current period of creativity will no doubt continue to bring forth new methods and structures. Legal education urgently needs empirical research on what methods will best promote deep learning that transfers to practice. At the same time, enough experience has accumulated to identify five general “best practices”: Incorporating experiential education widely throughout the curriculum Providing a range of experiential course types and making them available to all students Ensuring that experiential courses add value to students’ experience Requiring real supervised practice experience — preferably one law clinic and one externship — for all students Developing a common vocabulary and evaluative criteria for experiential education This section of the book Building on Best Practices: Transforming Legal Education in a Changing World (Lexis 2015) provides guidance on how to implement each of these five best practices

Incorporating Experiential Education Throughout the Curriculum

As experiential education proliferates, law schools will design approaches suited to their individual missions and circumstances. No “one size fits all” strategy will suffice and the current period of creativity will no doubt continue to bring forth new methods and structures. Legal education urgently needs empirical research on what methods will best promote deep learning that transfers to practice. At the same time, enough experience has accumulated to identify five general “best practices”: Incorporating experiential education widely throughout the curriculum Providing a range of experiential course types and making them available to all students Ensuring that experiential courses add value to students’ experience Requiring real supervised practice experience — preferably one law clinic and one externship — for all students Developing a common vocabulary and evaluative criteria for experiential education This section of the book Building on Best Practices: Transforming Legal Education in a Changing World (Lexis 2015) provides guidance on how to implement each of these five best practices

Building on Best Practices: Transforming Legal Education in a Changing World

As of 2015, legal education has experienced five successive years of intense challenges: enrollments reduced by half of their highest level, pressure to prepare students for a legal services market undergoing major restructuring, significant new bar admission and accreditation requirements. Building on Best Practices: Transforming Legal Education in a Changing World (Lexis 2015) provides a wealth of guidance for institutions and individual teachers facing these challenges. Organized into eight chapters divided into 33 sections, the book draws on the wisdom of 57 authors, including three deans or former deans. The volume suggests best practices, or emerging best practices, for many aspects of legal education. Law school faculty and administrators can find thoughtful advice, whether they are working on school-wide curricular reform or teaching methods within one class. The book provides suggestions for different types of courses, classes and teaching methods, including the socratic method, teaching technologies, and experiential courses, especially those involving real legal work. The book also addresses newly essential areas of knowledge, skills and values, including professional identity formation, intercultural effectiveness, and business and financial literacy