Adapting Legal Research for a First-Generation Audience

Abstract

One segment of our diverse law school population are students who are the first in their family to attend college, and by extension, law school. What can we as librarians do to advance a more inclusive classroom experience for our first-generation students? Washburn University, as part of a Title III Strengthening Institutions Grant, provides a summer program for faculty to enhance inclusive pedagogy and curriculum related to firstgeneration students. The author was a part of the program in 2022, and this paper will address the redesign of a legal research course based on the training from the program. The discussion will include an overview of the University provided training for the redesign, the concepts utilized in the class reboot geared toward fostering inclusion for first-generation students, and an extensive analysis of the final product.

Keywords:

• First-generation
• legal research
• course redesign

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Beyond legal research courses, I teach a course on Leadership for Lawyers. For additional information on this course and the rationale for librarians teaching the topic, see Thomas Sneed, Leadership and Librarians: A New Pedagogical Direction, 89 UMKC L. REV. 89 (2020).

2 Are You a First-Generation Student? CENTER FOR FIRST-GENERATION STUDENT SUCCESS, https://firstgen.naspa.org/why-first-gen/students/are-you-a-first-generation-student (last visited Feb. 15, 2023).

3 See Rochelle Sharpe, Are you First Generation? + Depends on Who’s Asking., N.Y. TIMES, Nov. 3, 2017, www.nytimes.com/2017/11/03/education/edlife/first-generation-college-admissions.html, which tells the story of a student whose father had a college degree but passed away when the student was a toddler, the student grew up in a poor household, and was told they would not be considered first-generation by a counseling service while they would be considered first-generation by the Higher Education Act.

4 RTI International, First-Generation College Students: Demographic Characteristics and Postsecondary Enrollment, CENTER FOR FIRST-GENERATION STUDENT SUCCESS, https://firstgen.naspa.org/files/dmfile/FactSheet-01.pdf (last visited Feb. 15, 2023).

5 Federal TRIO Programs, U.S. DEPARTMENT OF EDUCATION: OFFICE OF POSTSECONDARY EDUCATION, + https://www2.ed.gov/about/offices/list/ope/trio/index.html (last visited Feb. 15, 2023).

6 About the Center, CENTER FOR FIRST-GENERATION STUDENT SUCCESS, https://firstgen.naspa.org/about-the-center (last visited Feb. 15, 2023).

7 First-Generation College Celebration, CENTER FOR FIRST-GENERATION STUDENT SUCCESS, https://firstgen.naspa.org/engagement/first-generation-college-celebration/first-generation-college-celebration (last visited Feb. 15, 2023).

8 See Melissa A. Hale, The Importance of Supporting First-Generation Law Students, LAW SCHOOL SURVEY OF STUDENT ENGAGEMENT, https://lssse.indiana.edu/tag/first-generation/ (last visited Feb. 15, 2023). Included are the first-generation percentage breakdowns for Latinx students (55% first generation), Native American students (45% first generation), Black or African American students (40%), and White students (21%).

9 Bill Henderson, Rocks on the Back of First-Generation College Grads Attending Law School, LEGAL EVOLUTION, July 21, 2020, https://www.legalevolution.org/2020/07/rocks-on-the-back-of-first-generation-college-grads-attending-law-school-182/.

10 Id. at Chart 1, citing Julie R. Posselt & Eric Grodsky, Graduate Education and Social Stratification, 43 ANN. REV. SOC. 353, 356 (2017).

11 Id. at Chart 5.

12 Id. at Chart 8.

13 Tomiko Brown-Nagin, Rethinking Proxies for Disadvantage in Higher Education: A First-Generation Students’ Project, 2014 U. CHI. LEGAL F. 433 (2014).

14 Avalon Zoppo, Study: First-Generation Law School Students Lack Peers’ Advantage of :Social Capital” in Job Market, NEW YORK LAW JOURNAL, Oct. 21, 2021, https://www.law.com/newyorklawjournal/2021/10/20/first-generation-law-students-struggle-in-post-grad-market-compared-with-peers-study-show-389-147409/.

15 John Goodyear, Traveling Down an Unpaved Road: My Experience as a First-Generation College Graduate, 89 J. KAN. B. ASSN. 66 (July/Aug. 2020).

16 Mario Vasta, Be Ready to Build Your Own Network, First-Gen Law Students, ABA STUDENT LAWYER, Jan. 1, 2020, https://abaforlawstudents.com/2020/01/01/be-ready-to-build-your-own-network-first-gen-law-students/.

17 J. J. Despain, The First-Generation Law Student Job Search: Different and Difficult, ABA STUDENT LAWYER, Jan. 1, 2020, https://abaforlawstudents.com/2020/01/01/first-generation-law-student-job-search/.

18 Ramneet Kaur, Problems Faced by First Generation Lawyers and How to Overcome from It, 21 SUPREMO AMICUS 246 (2020).

19 A. Benjamin Spencer & Charleigh Kondas, Law Schools Must Do More to Retain First-Generation Students, US LAW WEEK, Feb. 15, 2022, https://news.bloomberglaw.com/us-law-week/law-schools-must-do-more-to-retain-first-generation-students.

20 First Generation Students, NEW ENGLAND LAW BOSTON, https://www.nesl.edu/student-life/first-generation-students (last visited Feb. 15, 2023).

21 Law School Prioritizes Holistic Support for First-Generation Professional Students, UNIVERSITY OF PENNSYLVANIA CAREY LAW SCHOOL: NEWS & EVENTS, Dec. 23, 2021, https://www.law.upenn.edu/live/news/14359-law-school-prioritizes-holistic-support-for.

22 Penn Law’s Inaugural First Generation Fellows, UNIVERSITY OF PENNSYLVANIA CAREY LAW SCHOOL: NEWS & EVENTS, Oct. 24, 2019, https://www.law.upenn.edu/live/news/9512-penn-laws-inaugural-first-generation-fellows.

23 Roadmap Scholars Initiative, UNIVERSITY OF VIRGINA SCHOOL OF LAW, www.law.virginia.edu/academics/program/roadmap-scholars-initiative (last visited Feb. 15, 2023).

24 Mary Wood, UVA Law Roadmap Initiative Will Set First-Generation, Low-Income Students on Path to Law School, UNIVERSITY OF VIRGINIA SCHOOL OF LAW: NEWS & MEDIA, Feb. 1, 2022, www.law.virginia.edu/news/202202/uva-law-roadmap-initiative-will-set-first-generation-low-income-students-path-law-school.

25 Melissa Castro White, Inaugural Roadmap Scholars Blazing Their Trail to Law School, UNIVERSITY OF VIRGINIA SCHOOL OF LAW: NEWS & MEDIA, Aug. 2, 2022, www.law.virginia.edu/news/202208/inaugural-roadmap-scholars-blazing-their-trail-law-school.

26 See KAN. STAT. ANN. §§ 13–13a3 to 13a47 (2022) for the full statutory scheme for Washburn University.

27 Washburn’s History, WASHBURN UNIVERSITY: HISTORY OF WASHBURN, www.washburn.edu/about/facts/History/index.html (last visited Feb. 15, 2023).

28 Id.

29 Washburn Facts, WASHBURN UNIVERSITY: FACTS AND HISTORY, + www.washburn.edu/about/facts/index.html (last visited Feb. 15, 2023).

30 Rafael Garcia, Nearly Half of Washburn Students are First-Generation. It’s Been a Decade in the Making, TOPEKA CAPITAL-JOURNAL, Dec. 16, 2022, + www.cjonline.com/story/news/education/2022/12/16/washburn-university-first-generation-students-now-nearly-half/69702147007/.

31 Center for Student Success and Retention, WASHBURN UNIVERSITY: ACADEMICS, www.washburn.edu/academics/center-student-success/index.html (last visited Feb. 15, 2023). See also Ellie Walker, First-Generation Students Share the Struggle of Paving the Way, WASHBURN REVIEW (Sept. 1, 2022), https://washburnreview.org/39783/recent-stories/first-generation-students-share-the-struggle-of-paving-the-way/.

32 First Generation College Students, Washburn University: First Generation BODS, www.washburn.edu/academics/center-student-success/first-generation-students/index.html (last visited Feb. 15, 2023).

33 2023 will be the fourth year for Washburn University to recognize a First-Generation Family of the Year, with the first award happening in 2020. See Joy Bailes, Washburn University Will Recognize the 2022 First-Generation Family of the Year Wed., Washburn University: + News, Apr. 5, 2022, https://news.washburn.edu/2022/04/20220405FirstGenFamilyoftheYear2022.html; Patrick Early, News from Washburn University, Washburn University: News, Mar. 5, 2021, https://news.washburn.edu/2021/03/20210305WUrecognizesFirstGenerationFamilyofTheYear.html; Joy Bailes, Washburn University Announces First-Generation Family of the Year Recipients, Welcomes Start of New Spring Semester Tradition, Washburn University: News, Jan. 24, 2020, https://news.washburn.edu/2020/01/20200124FiirstGenerationFamily.html.

34 First-Gen Forward, Center For First-Generation Student Success, https://firstgen.naspa.org/first-forward (last visited Feb. 15, 2023).

35 The Center for Teaching Excellence and Learning (CTEL) is a faculty-run resource for promoting excellence and innovation in teaching to enhance student learning at the University. CTEL offers numerous events per year to further this mission, of which the First-Generation Course Redesign program was one. See Center for Teaching Excellence and Learning, Washburn University: Faculty and Staff, www.washburn.edu/faculty-staff/ctel/index.html (last visited Feb. 15, 2023).

36 Purpose, U.S. Department of Education: Title III Part A Programs – Strengthening Institutions, https://www2.ed.gov/programs/iduestitle3a/index.html (last visited Feb. 15, 2023).

37 See Jack Mezirow, How Critical Reflection Triggers Transformative Learning, in Fostering Critical Reflection in Adulthood 1 (Jack Mezirow ed., 1990).

38 According to dictionary.com, a microaggression is “a subtle but offensive comment or action directed at a member of a marginalized group, especially a racial minority, that is often unintentionally offensive or unconsciously reinforces a stereotype.” See Microaggression, Dictionary.Com, www.dictionary.com/browse/microaggression (last visited Feb. 15, 2023). For an excellent discussion on the topic, see also Ronald E. Wheeler, About Microaggressions, 108 L. LIBR. J. 321 (2016).

39 Joshua Aaron Jones, Building a Community of Inquiry through Interactive Materials: The Interactive Syllabus, 45 NOVA L. REV. 353 (2021).

40 For the Introduction module for the course, there was a short video covering the logistics for the class. Each substantive module for the class included both lecture and example videos.

41 Michael Hunter Schwartz et al., How Do the Best Law Teachers Relate to Their Students, in What the Best Law Teachers Do 76 (2013).

42 Id. at 77–78.

43 Id. at 80.

44 See Sign Up Genius, https://www.signupgenius.com/ (last visited Feb. 15, 2023).

45 One example from a library perspective can be found in Charlotte D. Schneider, Using Scaffolding Techniques for Legal Research Instruction, 2 Legal Info. Rev. 61 (2016–2017).

46 Diversity in the classroom is the focus of the recent text, Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom. As for content diversity, a chapter by Frank Deale focuses on the importance of selecting the right casebook in Civil Procedure and Bonny Tavares examines character creation in legal writing examples. See Frank Deale, Diversifying Civil Procedure, in Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom 303 (Nicole P. Dyszlewski, et al. eds. 2021) and Bonny L. Tavares, Integrating Diversity through Design of Legal Writing Assignments, in Integrating Doctrine And Diversity: Inclusion and Equity in the Law School Classroom 225 (Nicole P. Dyszlewski, et al., eds. 2021).

47 See Paul Caron, Ungrading Movement Builds among Professoriate, TAX PROF BLOG (Apr. 8, 2019), https://taxprof.typepad.com/taxprof_blog/2019/04/ungrading-movement-builds-among-professoriate.html.

48 For an example on the benefits of contract grading, see John Warner, I Have Seen the Glories of the Grading Contract…, Inside Higher Ed, Jan. 4, 2016, www.insidehighered.com/blogs/just-visiting/i-have-seen-glories-grading-contract.

49 About Universal Design for Learning, Cast: Our Impact, https://www.cast.org/impact/universal-design-for-learning-udl (last visited Feb. 15, 2023).

50 Meredith George & Wendy Newby, Inclusive Instruction: Blurring Diversity and Disability in Law School Classrooms through Universal Design, 69 U. Pitt. L. Rev. 475 (2008).

51 Jennifer Jolly-Ryan, Bridging the Law School Learning Gap through Universal Design, 28 Touro L. Rev. 1393 (2012).

52 Jason S. Palmer, The Millennials Are Coming: Improving Self-Efficacy in Law Students through Universal Design in Learning, 63 CLEV. St. L. REV. 675 (2015).

53 Ruth Colker, Universal Design: Stop Banning Laptops, 39 Cardozo L. Rev. 483 (2017).

54 Powtoon is a video and visual platform, initially intended for marketers, with over 30 million users that can convert PowerPoint into videos. + See About Powtoon, Powtoon, www.powtoon.com/aboutus/ (last visited Feb. 15, 2023).

55 See Senior Judge Julie A. Robinson, United States District Court, District of Kansas: Our Judges, https://ksd.uscourts.gov/content/senior-judge-julie-robinson (last visited Feb. 15, 2023).

56 Our Values, Chipotle, https://www.chipotle.com/values (last visited Feb. 15, 2023).

57 Careers, Chipotle, https://jobs.chipotle.com/ (last visited Feb. 15, 2023).

58 As an example of law firm struggles with diversity, see Ellen Milligan & Todd Gillespie, Diversity at Elite Law Firms Is So Bad Clients Are Docking Fees, Bloomberg Businessweek, Oct. 5, 2021, www.bloomberg.com/news/articles/2021-10-05/big-law-has-a-diversity-problem-and-corporate-clients-are-stepping-in; Roberta Liebenberg, Too Many Senior Women Are Leaving the Profession, Law Practice Today, Nov. 2018, http://lptoday.staging.wpengine.com/article/many-senior-women-leaving-profession/.

59 Robert Dinerstein, et al., From the Editors, 70 J. Leg. Educ. 203 (2020-2021).

60 Andrele Brutus St. Val, Survey Says – How to Engage Law Students in the Online Learning Environment, 70 J. Leg. Educ. 297, 313 (2020–2021).

61 Daniel Keating, Finding New Classroom Tricks in a Virtual Teaching World: One ‘Old Dog’s Tale, 70 J. Leg. Educ. 462 (2020–2021).

62 Nathan A. Preuss, Applying Motivation Theory to Improve 1Ls Motivation, Self-Efficacy, and Skill Mastery, 114 Law Libr. J. 59 (2022).

63 Clanitra Stewart Nejdl & Shamika D. Dalton, Legal Research Instruction and Diversity, Equity, and Inclusion: Insights for Classroom Management in Person and Online, 41 Legal Ref. Servs Q. 82 (2022).

64 Launching the Journal of Law Teaching and Learning, Clinical Law Prof Blog (June 26, 2022), https://lawprofessors.typepad.com/clinic_prof/2022/06/launching-the-journal-of-law-teaching-and-learning.html.

65 One interesting example is Law Teaching Strategies for a New Era: Beyond the Physical Classrooms (Tessa L. Dysart & Tracy L. M. Norton, eds., 2022), which includes relevant chapters on better methods for online participation and ways for building community. See Heidi K. Brown, Understanding and Lifting Up Our Quiet Students: Reimaging “Participation” in the Remote Classroom, in Law Teaching Strategies for a New Era: Beyond the Physical Classrooms 43 (Tessa L. Dysart & Tracy L. M. Norton, eds., 2022) and Ann Nowak, How to Build Community for Asynchronous Courses, in Law Teaching Strategies for a New Era: Beyond The Physical Classrooms 143 (Tessa L. Dysart & Tracy L. M. Norton eds., 2022).

Additional information

Notes on contributors

Thomas Sneed

Thomas Sneed is Professor and Director of the Law Library, Washburn University School of Law.