Tag: Class

  • The class gap in the civic map

    The class gap in the civic map

    Albert Hill Working Men’s Club and Institute has played an important role in my life.

    It’s the place where my parents had their wedding reception. My christening party was held in its concert room. Friends of mine, uncles, and acquaintances, have had their wakes with luke warm pork-pies and pints of Magent in the bar. The day I got my membership to the club was a milestone into adulthood and at thirty one I suspect I am still the youngest member.

    Temperance and temperament

    The working man’s club emerged through colliding strains of the temperance movement as an alternative to the gin bars of the 1800s, the rise of the industrial working classes and their desire for betterment, and as a hub for leisure, sports, lectures, and other recreational activity. In university parlance we often talk of local catalysts but Albert Hill has maintained a generation of allotments for leek growing competitions, brought money into local economies through the touring domino tournaments, and kept hundreds if not thousands of self-employed singers, caterers, and turns in business.

    And they would not be pretentious enough to call themselves it but it is a civic institution. As the writer Devika Rao has said on the decline of these kinds of third spaces that are neither home nor work “Where do you go if you are not at school, work or home? For some, the answer is, well, nowhere.” The civic agenda does not quite know how to deal with these kinds of third spaces.

    It’s not that universities are not doing things which directly benefit the drinkers of Albert Hill. Universities are providing nursery places, improving school performance, supporting sustainability projects, and much more between. These things are exceptionally valuable, if executed well will change a place, and in an era of constrained university spending are admirable. At the same time, like the temperance campaigners of the 1800s, projects can sometimes feel like telling a general population to know what is good for them. As recent polling by Public First demonstrates a plurality of the public know not much or very little about what their local university does for the local area.

    Further research by Public First shows people see the place where they live as the locus of their identity. Not the United Kingdom, not England, and certainly not Europe, but the actual places they live. The very idea of levelling up (remember that) is tied to both a desire to revitalise a place and an industrial heritage in places that have been left ashore with the tides of globalisation.

    People and their place

    The challenge is that universities are not just local institutions but global ones. Inevitably, this means that they will do things which are unfamiliar to populations that are less internationally mobile. David Goodhart, once darling of the liberal media now feted immigration sceptic, may argue this is the divide between nowheres and somewheres. The somewheres being people rooted in their local places, often not university educated, with small c conservative views. The nowheres being the mobile, less rooted, and highly educated. If the civic agenda is anything it is an attempt to bridge the education faultline through the university.

    This also means that universities do university coded things in their civic agenda. There is not a focussed civic university agenda about revitalising and supporting working men’s clubs, snooker halls, pubs, places of worship, community centres, small music venues, local football teams, or, to a lesser extent, saving the local high street. It’s legitimate to argue that this isn’t the business of universities but this is no more or less true than partnering with the local museum, art gallery, or literature festival.

    And this is perhaps the second challenge. Value, and the things worth spending public money on that aren’t education and teaching, are often middle class coded. This isn’t to say universities aren’t minded of their impacts on working-class communities. From supporting a just transition, to school programmes, free nursery places, and so on, they clearly are. It’s more that the kind of intangible, culturally coded, doing nice things for an area, can feel middle class.

    Again, to be absolutely clear, it’s not that working-class people don’t enjoy literature, art, and culture. This is obviously the case and it’s tedious to suggest otherwise. It’s more about the range of things universities choose to invest in. And, whisper it, it’s because many of these working-class spaces are also full of people who share views that are anathema to universities. They are often less in favour of immigration, less socially liberal, and more opposed to high levels of public spending on the things universities do. To organise in those spaces is to not organise with people that aren’t aware of universities but with people that are aware of universities and simply don’t always like them that much.

    Pot and trench leeks

    This leaves the fundamental challenge of the extent to which universities responsibility extends to areas where they have no direct mission, with individuals that may never join in their activity, and with activities they do not have the cultural cache to do authentically. Even if universities thought maintaining a working-class culture was their role it’s not even that clear what they would actually do.

    Ambiguity doesn’t mean universities can vacate the space. The politics of young white men is flipping the political map. We know there is an increasing pull toward the far right, they are less likely to receive a university education than nearly any other group, and they are more likely to stay in the places they were born. To entirely leave this space is to say universities have no place in their lives which is to tacitly acknowledge that universities’ civic commitments are partial.

    Universities also cannot dictate the civic institutions they have. It’s not their role to tell their populations where to work, live, love, study, enjoy their time, and just hang out. The role of the civic university agenda is not to extend the university into the world but to extend the world into the university. The people who have the most to gain from universities being civically involved are often the least likely to know what the university is or what it does.

    The civic agenda has spurred universities toward a greater consciousness of their places and achieved practical things. The way activities are coded is not to say that these activities are not valuable but it is to say that the authorial intent of civic agendas of economic growth and cultural enrichment hit the reality of communities that feel alienated from institutions generally not just the university.

    If universities are to lead on growth and capture momentum with this new government they have to demonstrate they can support growth everywhere. The success of the civic agenda is not just about days spent in museums, hours of tutoring, or student spending. It is also whether the people that once felt like their university had nothing for them now does.

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  • Dr. James Lang’s 4 Tips for a Great First Day of Class

    Dr. James Lang’s 4 Tips for a Great First Day of Class

    What goes into a great first lecture? Ask any educator and they’ll highlight three resounding themes: prioritize community, foster connection and build excitement. The good news is that designing a high-impact first lecture doesn’t involve a complete rewrite of your existing lesson plan. Rather, it’s about making simple adjustments to help students form a great first impression.

    Dr. James Lang, acclaimed author of Small Teaching and featured speaker at Top Hat Summer Camp 2024, shares actionable strategies to deepen engagement during week one of your course. We’ve rounded up his ideas below.

    → Student Engagement Toolkit: Enjoy FREE teaching tips, templates and more!

    1. Focus on community building

    Set the table for long-term success by getting to know students and in turn, help them get to know you. Consider sharing what made you want to teach your specific subject and the most rewarding part of teaching. Dr. Lang also suggests intentionally forging personal ties with students. Simple practices could involve showing up to class early and greeting students as they file in. You might also use your first lecture to stream a relevant TED talk, podcast snippet or music video that relates to your course material. Helping students see that there’s more to the first day than reviewing the syllabus will surely leave them feeling inspired and primed to learn. What better feeling could there be as an educator?

    2. Ensure activities model your course structure

    The early stages of your course represent an important opportunity to instill the right behaviors. Dr. Lang’s advice? Begin as you intend to continue by modeling the kind of learning environment you seek. For instance, if your course revolves around peer-to-peer discussions, consider including a collaborative exercise during your opening session. If active learning is important, give students a problem to solve or have them respond to a series of polling questions. Dr. Lang shares other discipline-specific examples of how to break the ice between students.

    History English Math
    Take a page out of Dr. Cate Denial’s book. The Bright Distinguished Professor of American History at Knox College, who teaches a problem-based course, randomly places students in small groups. She then provides each group with a document package about a specific event. Students then work together to develop stories about what occurred during the event. Finally, they share their stories with the wider group. The purpose of the exercise is to demonstrate that in the pursuit of truth there are often numerous ways historical events can be interpreted.  Any English instructor can vouch for the importance of discussion and critical analysis. Consider holding a prior knowledge brainstorm to spark conversation among students. For example, if your course covers 21st Century British literature and culture, you might ask students to respond to the following prompts: a) what do we mean by the word ‘British?,’ b) what are your impressions of British culture and c) are you familiar with any British writers? This is a great way to surface prior knowledge, clarify common misconceptions, and get students thinking about the journey ahead.  You might also use your opening class to get students reflecting on their past experiences in your subject. Dr. Robert Talbert, Professor in the Department of Mathematics at Grand Valley State University, uses open-ended questions to encourage students to reflect on their learning. He shares the following prompts: a) what is something that you are good at doing? And b) how did you get good at the thing you are good at doing? Math is a challenging subject. This exercise gets students thinking about their approach to learning while sending a subtle message that you are invested in their success. 

    3. Pose ‘big’ questions to students (and yourself)

    Framing your course as a BIG question to explore over the term is a powerful way to pique curiosity, build excitement, and communicate the value of what students will learn. Starting your course with a BIG question is also a great opportunity to engage students right away in a meaningful discussion. Here’s an example from a course on science fiction:

    “Can you be confident that the person sitting next to you on the bus is really a human rather than some remarkable replica conjured up by a mad scientist or, perhaps, an alien from another planet? What evidence is needed to conclude that the person casually looking at her mobile device is human? How have we constructed the conceptual boundary between what we qualify as human and what we categorize as robotic, animal, android, or alien? What, in the end, makes the human “human”?”

    If you’re struggling to craft a big question for your course, Dr. Lang suggests thinking through the following prompts:

    • What deep questions drove the development of my discipline?
    • What questions drove the creation of my course?
    • What intriguing questions have arisen over time?
    • What questions remain unanswered in my field?

    To drive a first day discussion around your big question, you might ask your students to pair up and answer the following: What do you know about this subject? How might this relate to other things you’ve studied? How would you answer this question? What other questions does this bring to mind?  Once students have had an opportunity to discuss, regroup as a class and ask a handful of pairs to share their insights.

    4. Try out the Annotated Syllabus method

    Your course syllabus serves as the roadmap for the term. While important to review, Dr. Lang advises it shouldn’t be your first priority and counsels against simply reciting each section. Instead, he suggests using the Annotated Syllabus methodology. Conceptualized by Dr. Remi Kalir, Assistant Professor of Learning Design and Technology at the University of Colorado Denver, the Annotated Syllabus is a tool to generate a broader conversation about your course.

    Prior to the next class, ask students to work through the following prompts: What do students feel needs further clarification? What are their sentiments around your course policies? What are their opinions about readings and assignments? What advice do you have in order to be successful in the course? The goal is to strive for commentary that is “inquisitive and constructive.” Above all, an Annotated Syllabus invites feedback that may otherwise go unheard. Students are made active participants from the get-go and are more accountable for reading the document before coming to class.

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  • Class Bias and the Deanship of Laura Rosenbury

    Class Bias and the Deanship of Laura Rosenbury

     

     Laura Rosenbury became the Dean of UF law after a failed search in which the central administration was pushing of all people, Alex Acosta. Why she was selected in the second search no one knew. Her faculty interviews were fine but not unusual. Now as everyone knows, she will be the President of Barnard. Quite a step up I would say and a little mysterious since she has had no experience with undergrads, has only a law degree, and writes for non referreed journals. 

    Still, when she was hired the Law School was pretty much a wreck and, therefore, the Provost must have seen in her a grittiness that would lead to risk taking and major changes. He was right. The improvements she made cannot be underestimated. When she was hired the Law School was  an outlaw operation. It ignored University policy on most things and that was corrected. It had so-called centers  in specific areas of law that made no sense in terms of UF’s mission and were out of compliance with what it meant to be a center according to University regulations. Most were abolished. 

    When she arrived students wanting to be associated with a journal by writing on had to write on a different topic for each journal. It made no sense to put then through this torture. That changed. The primary law review advisor, a non scholar, had a vise like grip on the job. He was replaced by a scholar and some practices that I never quite understood were ended. 

    The LLM in Tax was a sleepy little segment of the law school. It was highly ranked because there were so few LLMs in tax and had at times some big names in the area. When she arrived the applicant pool was poor, few people were regarded as nationally know tax scholars, and there was talk of disbanding it all together. One way or another (there is a whole story on this) the program came under intense scrutiny, Changes were made.

    For the first time in 10 years committee assignment began to make sense. This too is a long story but I will cut it short by saying the former dean seemed to have a single objective — to keep being dean. Consequently, committee assignments appeared to be driven by political considerations.

    I am positive there are more things she accomplished and I cannot say what role any of these factors entered into her “promotion” to Barnard. Also these changes did not require an infusion of funds from the central administration.

    So was there a down side? She was known to lose her temper sometimes and at others break out in tears when things did not go her  way. She vetoed faculty candidates, so I have been told, that did not attend the “right” schools.  I have heard of but was not witness to instances of abusive behavior toward staff — only those beneath her, if course. As far as those above her he was the ultimate yes person. As an example, when here only a short time she was introduced to a group as young a vivacious, This was a big deal to her an she even wrote about it. But within a few years she was carrying out DeSantis’ orders and labelling the new hand picked right wing President the “embodiment of   academic freedom.”  Ambition breeds hypocrisy.

    Her biggest public claim to fame came by raising the Law School ranking from the mid 40s in the USNews rankings to the high 20s. This is where class bias and ambition over all come in.  The large part of raising the ranking was to raise the average LSAT scores of the entering class in two steps. First, she lowered the size of the class. This does not mean she rejected unqualified candidates. Plenty of qualified candidates were rejected. “Qualified” took on a new definition. It was not longer qualified to successfully complete law school and become a productive attorney. No, qualified became who would make Laura Rosenbury look good. 

    The second step, was to enter the market for high LSATs and GPAs. I mean literally buying students with high scores by paying them thousands of dollars in tuition waivers and stipends. I asked many of them why they chose Florida and the consistent answer was “it made me the best deal.” 

    What does this have to do with class bias? I know of no studies that do not show a positive correlation between socioeconomic class and standardize tests scores like the LSAT. I do not know you how GPA correlates with socioeconomic class but I suspect it is also positive.

     Where does the money come that is used to subsidize students who already have advantages over the less affluent. Quite honestly, I do not know. Clearly the Provost presented her with something like a blank check. But that does not really account for the source of the funding.  Maybe some comes from law students and others stuck with paying tuition and taking out loans to do so. Some from grants from alums and some from taxpayers. If it all comes from wealthy alums that is one thing although it still seems crazy to subsidize those who least need it. I doubt Rosenbury gave a damn where it came from. If any comes from taxpayers, no matter how laundered by the State or the University, then it becomes a redistribution from those in lower socioeconomic classes  to the relative well off. In short, as all elitists, Laura Rosenbury used those less well off to promote herself and, in some measure, catch the eye of Barnard. The elites always figure out a way to engage in a reverse Robin Hood scheme.

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  • CLASS BIAS AND RANDOM THINGS LAW REVIEW: Excerpt from In the Company of Thieves: The Senator’s Visit

    CLASS BIAS AND RANDOM THINGS LAW REVIEW: Excerpt from In the Company of Thieves: The Senator’s Visit

     

    The
    Senator

    [This is an an excerpt from the diary of one of
    my more elitist colleagues. (Reprinted with Permission) The particulars of the story were generally well
    know  by every one including me but I
    will let him tell it in his own words. [I have changed the name of the Senator involved because I cannot guarantee all the facts.]

    At Nine couple of weeks ago, I received the following
    from Dean Bob:

    Memorandum

    To: Professor Harris

    From: Dean Bob

    Date: February 7, 2007

    Re: Visit of Senator Faceworth

    As you are aware [I was not aware]
    the Law School has invited Senator Jerry Faceworth to guest lecture for two
    weeks on the subject of Labor Law. I would like to you to serve as his host
    during this time. I know you have many commitments [actually I don’t] but we
    need to put our best foot forward given that Senator Faceworth has recently
    announced his candidacy for President of the United States.

    Please advise me of your availability
    as soon as it is convenient. Senator Faceworth arrives on February 15th.

    I
    responded right away feeling kind of honored. Playing host to an honest to
    goodness presidential candidate sounded like it would be fun.

    So let’s  start with Senator Faceworth. First you should know that I read in the Times
    that in response to some questions about his private life he dared reporters to
    follow him around. “You will regret it. The boredom will be
    intolerable.”

    He
    arrived by private jet. A squadron of reporters arrived soon thereafter and
    more were waiting at the hotel when I took him there at about 8 P.M. I gave him
    my cell number and the phone rang a midnight just as I was dozing off.
    “Let’s have a drink,” he said. “I’ll be at the service ramp. Be
    here in 15 minutes” I was and found him, a knit cap pulled low and
    wrap-around sun glasses. He was very direct about wanting to go to a student
    “club.” I had no idea where to take him but drove him to a part of
    town with student bars. We parked and went into something called the
    “Music Store.” Average age 21. By now, if you know Senator Faceworth,
    you know what happened. After 30 minutes he found me. He wanted to go back to
    his room. “Of course,” I said, not realizing that the two coeds – one
    on each arm – were to accompany him. So, at 1:00 A.M. I left him as he and his
    new playmates quickly scrambled from the car and darted for the service
    elevator. This cannot be good. And, he is here for three weeks.

            The
    next night the same midnight call and it was off to the same bar. This time he
    emerged with two more pals.  The next day Dean Bob picked up the Senator in the hotel lobby – again was the ever
    present   swarm of reporters–  and took him to school. My assignment? Go to
    the service entrance and pick up his two companions from the previous night —
    Heather and Misty. They piled in the car and immediately said. “Jeffy, Gar-Gar told us you
    would take us to breakfast and for tanning.” And I did. What could I do? I
    wore dark glasses but I was a little nervous about the car that seemed to be
    following.

            So you get the drift. The
    man who said people would be bored if they following him was and absolute hound
    for college girls. And this went on non stop. Well non stop until some rapidly
    unfolded events.

    The
    Senator is off to Bimini for the week end and I am sleeping.

    Senator
    Faceworth evidently came back late last night, having taken Monday off. Judging
    by his sun burn, the trip to Bimini was a success. Now he is followed by a
    caravan of pink faced reporters. The cocktail party in is honor is this
    Thursday. He has not thanked me for the selection of single malt scotches in
    his office. I am beginning to look forward to his departure. I have had
    way too many Heathers and Jennifers to escort back to their apartments or
    dorms.

    Two
    more midnight calls from Faceworth and four more Gingers or Kimberlys — who
    knows, who cares. Even though I pick him up at the loading dock of the hotel
    and he has his stocking cap pulled low, it is not always fool proof. Last night
    at what has become his favorite bar I spotted a pink-faced reporter who I
    recognized from the caravan of cars that following us each day. He definitely
    saw Faceworth and then left hurriedly.

    Faceworth
    finally made his break back to Bimini for the weekend. This time he took two
    Jennifers who were on the same flight to Miami. I took all three to the airport
    but dropped them at different places. At one point we were almost spotted by
    reporters and Faceworth hit the floor while the Jennifers giggled and did other
    unmentionable things.

     I am not cut out for this!! Word has leaked
    out among the faculty and today someone accused me of “pimping” for
    Gerard.

    You know the routine. A
    midnight run and two Jennifers each night.
    I find it very annoying that on our trips to the clubs the Senator sits in the
    back seat and rarely speaks to me. On the way back, he is in the back with his
    pals.
        Faceworth  left Thursday late for Binimi, too early the see the following article in
    today’s Ivyville Sun. First you should know that that there is big photo on Faceworth on the front page leaving his regular bar at 1:00 with two Jennifers,
    miniskirts and cowboy boots. I am in the photo just barely. The caption:
    Senator Gerard Faceworth parties with friends and an unidentified law
    professor.

    The article:

    “Senator Gerard Faceworth, a
    visiting professor at the Ivyville Law School, has been photographed with two
    companions leaving the Campus Buzz, a popular late night gather place for
    Ivyville singles. Senator Faceworth only recently challenged reporters to
    follow him around after rumor emerged that he is something of a
    “womanizer.” According the regulars at the Buzz, Senator Faceworth
    has been in the club several nights, usually escorted by a law professor. The
    routine is that he arrives soon after midnight and leaves by 1:00 A.M. with one
    or two college aged women. The hotel management where the Senator is staying
    declined comment. The identity of his law professor host is currently being
    examined.”

            I am happy to report that Faceworth  called in Monday morning to say that he would be unable to finish his
    three week teaching assignment here. The Ivyville Sun article about his late
    night activities — as surely you know — has gone national, even
    international.
            Reporters are everywhere wanting to know the details and trying to identify his
    mysterious law professor escort. So far no one on the faculty had identified
    me.

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  • CLASS BIAS AND RANDOM THINGS LAW REVIEW: Draft Excerpt from “In the Company of Thieves:” Foreign Programs

    CLASS BIAS AND RANDOM THINGS LAW REVIEW: Draft Excerpt from “In the Company of Thieves:” Foreign Programs

     

     

    Foreign
    Programs

    One
    way mid and lower level law schools compete with each other is by offering
    foreign opportunities. In some cases the students can spend a semester studying
    at a law school in France or Italy or Germany. They get a semester worth of
    credit for traveling and drinking for 3 months. These are programs for the well
    to do, of course because there are airfares, apartments to rent, etc. Nevertheless, they can be rewarding and informative.

    On the other hand, summer abroad programs are a bit of a scam. These are essentially law schools acting as
    travel agencies. The idea is that a couple of professors travel to Paris,
    London, Rome or where ever and take 15 or twenty students with them. Then the
    students hang out with each other, drink, travel, and spend a modest amount of
    time in the classroom.  They, of course,
    pay extra for this and that extra is what covers the housing and expenses of
    their teachers. In short, the students subsidize the summer vacation of the
    profs and they, in turn, get academic credit. Their actual emersion in local
    culture is kept to a minimum as they search out the closest McDonalds.

    Now
    that you know the background, you should know that one of the committees I am
    chair of is the “Programs Committee”.  A
    summer program has to be OKed by the programs committee and then voted on by
    the faculty. Very often it is a fait accompli. For example, one year at a mid summer faculty meeting 17 members
    of the 60 person faculty voted by 9 to 8 to have a summer program in France.
    Unusually only 2 faculty can go at a time but most deans also feel it is their duty to stop by, at the school’s expense, for a few days. And sometimes,
    someone from the Programs Committee is also “obligated to go.” In the case of
    the France program all 9 yes voters went at some point over the next three
    years although at times the enrollment dwindled to 12 which was not enough to
    cover their expenses.

    Here
    is the proposal the Programs Committee considered last October for
    implementation next summer. I’ve inserted some information in brackets to help
    you understand:

    Re: Summer Program in Italy

    Date: February 12, 2007

    Supreme Senior Vice President of
    Foreign Programs, Hugo Valencia and I [Chadsworth Feldman] are happy to propose
    a new study abroad opportunity for our students. The details are as follows:

    A. Location:

    Three weeks in Rome, three weeks in
    Florence.

    B. Expected enrollment and student
    costs.

    For the first year, expected
    enrollment is 30 but the actual enrollment can exceed this. The program has no
    upper limit on enrollment. The initial tuition is $3,000 per student. This
    includes all housing and transportation, to the extent those are necessary.

    C. Need and
    Opportunities

    This program will complement our
    other excellent foreign study opportunities. Many of our students have
    expressed a desire to study in Italy and to learn Italian law. Many of our
    colleagues have connections with scholars in Italy and would gain a great deal
    with respect to their work in comparative law. It is critical that we have a
    presence in Italy.

    Several members of our faculty will
    be invited to travel to Rome or Florence to serve as guest lecturers and to
    attend graduation ceremonies at the end of the term.

    D. Staffing.

    Professor Feldman is the Director of
    the Program and will go each year. In addition to the director, one other full
    time professor will travel to the site. Two assistants will accompany the
    professors. These will be the spouses of the professors as long as they accept
    no salary. Of course, all their expenses will be paid.  After the initial year, it is anticipated
    that the position of professor will be circulated among the faculty.

    E. Students Activities

    Students will earn six credit hours.
    In addition, they will be taken on several tours of important Italian sites.

    F. Budget:

    Airfare for Professors and
    assistants: $10,000

    Housing: $80,000

    G. Impact

    This program will put us in the first
    tier of foreign program offering schools. The net cost to the School, other
    than trips of guest lecturers, is zero. The two professors involved will be
    paid the usual stipend for summer teaching.

                Nothing seemed unusual about the program although
    everyone knew it was the usual faculty boondoggle. The Committee approved it
    and then then faculty. Then things started to unravel. By December several
    students had put down their deposits.  Over the next few months some issues came
    to light. Two stood out. One was that Hugo and Chad, with spouses, had already,
    with the Dean’s permission and on the law school’s dime, spend 10 days in Italy
    scouting out, as they put it, suitable restaurants, clubs, spas, and coastal
    areas for the program. Ok, it’s like what we call in the trade convercationing.
    That is you are paid for a business trip but you are really taking a vacation
    while checking off the boxes to make it seem like business.

    The
    second matter had to do with the budget. Usually there is a host institution
    that provides a  low fee some classroom
    space.  My curiosity piqued, I asked Chad
    about this. He seemed a little sheepish but something you never do as a law
    professor is show weakness or admit wrongdoing. His answer. “That is the beauty
    of the Program. It will all be conducted by Zoom with the students staying at
    home. Hugo and I will Zoom not just classroom activities but dining out,
    clubbing, sight seeing, the works. It will be exactly like they are there.” He
    went on. “I am sure it will be appealing to the students since they can stay in
    the comfort of their homes and not worry about finding housing, eating in
    strange places where no one understands a word they are saying.” Finally, “If
    there are technological problems we will send them postcards.”

    I
    was reeling from this revelation when I got back to my office. None of this was
    revealed when the programs committee met or at the faculty meeting. Everyone
    was too busy, I suppose, booking passage to Italy for some year in the future.
    When I got back to my office, there was a phone message to call Linda James. I
    knew I had a student in my class named Tom James but I did not make the
    connection. I called and she told me that she had tried to reach Professor
    Feldman but he was not in. The secretary had directed her to me since I was
    chair of the programs committee and she had a question about the program since
    her son James was going. She started by saying how excited James was and how she
    and her husband planned to meet James for the portion of the course in Rome.

    Her
    question was what types of things should James bring – clothing, dressy or not,
    extra notebooks, computer, and so on. I lied, I told her that I did not know. I
    did chair the committee that had approved the program but that she needed to
    talk to Professor Feldman. I assumed she did eventually because I the next day
    I received the following email from Chad:

    Today Tom James’ mother called and asked what sort of
    things he should bring from his summer in Italy. I told her that the students
    were not actually going to Italy. She asked what the $3000 is for and I said
    “expenses.” Then she pressed me and asked about the $80,000 for
    faculty. I told her that was the going rate for appropriate housing for the
    Professors and any guest lecturers who might join us. She seemed miffed about
    no students going. Isn’t that just perfect!!! You try to do something for the
    students and you get in hot water for it.

    Later the same day:

     

    So far two more  sets of parents have contacted me. It seems to
    have come as a surprise to them that the Summer Program in Italy does not
    involve their dear children actually traveling to Italy. Hugo and I designed
    the whole program on the theory that he and I and our spouses would go to Italy
    and show the lectures and sights by Zoom (or postcard). We would do the heavy
    lifting and the students would have time to study. Do they not get it.

                 In any case the
    “program” ran for one summer only.  The
    revenue did not begin to cover the expenses which the law school ended up
    eating. I suppose it was a success because I received the following email from
    Chad:

    Here is the great news. I am writing from Rome. Yes,
    the summer program is in tact and Hugo, Marvel, Caroline and I are here working
    hard for the students. It is true we are down to 5 students and it is true that
    those five did not actually make the trip to Italy but we are working hard.

    As you know, some of the students were upset that the
    Summer in Italy program did not actually mean they were going to Italy — only
    the professors. Some parents were quite rude and the initial enrollment dwindled
    to 5. Good riddance I say. Those students obviously were not cut out for
    foreign travel. The Law School decided we had to operate the program anyway
    because the American Association of Law Schools had already purchased 30
    tickets for a team to come and inspect the program.

    We are doing our best for the five students. Each week
    we send a postcard with some interesting fact about Italian law. In the
    interest of giving the students what they want, we have decided not to
    administer a final exam.

    As for me, being a dedicated teacher of young people
    is its own reward.

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  • CLASS BIAS AND RANDOM THINGS LAW REVIEW: DRAFT Excerpt from “In the Company of Thieves”: The Tenure Process

    CLASS BIAS AND RANDOM THINGS LAW REVIEW: DRAFT Excerpt from “In the Company of Thieves”: The Tenure Process

     

    Law professors are evaluated to determine if they should be tenured. Supposedly you must excel in scholarship, teaching, and service. You would think that if someone actually excelled at all three, he or she would be hired away by better law schools. Very few are. Why? Because in actuality there are three requirements:

    1.
    write something – anything would do,

    2.
    be politically correct, (or very quiet),

    3,
    be acceptable socially.

    (4.
    I have also heard isolated inane standards like “she is a good mother.” but these usually do not count.)

    As noted, decent teaching is supposed to count but I have seen many instances in which awful
    teaching was explained away as actually an indication of good teaching. 
    To
    determine
      a candidate’s teaching there
    are class visitations by 2 or 3 professors and the students fill out anonymous
    evaluation forms at the end of the semester. Not wanting to offend someone who
    may get life time employment if they meet the above “standards” the visitors
    uniformly say the teacher was brilliant, engaging, showed respect for the
    students and so on. One has to keep in mind that the professor knows in advance
    who is coming and when. Not to be well prepared and energetic those days would
    mean you are an idiot. Still, there are some who go one step beyond. For
    example, at one point several students asked me why their professor gave the
    same lecture day after day. As it turns out these were the days when there were class visitation, and I suppose he had the one lecture down perfectly.

    The
    students fill out evaluations at the end of each semester. These are pretty
    much ignored whether high or low if one passes the three part test above. On
    the other hand, if they are low to average, they become the hammer to justify
    getting rid of the candidate who fails the three part test. But even here, many
    professors do not want to leave student evaluations to chance. I have seen
    professors going into classes with the forms the students must fill out in one
    hand and platters of cookies or boxes of pizza in the other. Sometimes the
    bribes are so shameful that even the students know what is up but this does not
    discourage them accepting the bribe. One professor would sponsor a softball
    game in the afternoon for his class followed by cocktails at a local pub. The
    tab could run in excess of $1000 dollars. There are far more subtle bribes like
    not calling on students and appearing to be deeply concerned about their
    welfare when you could not care less. One very subtle effort involves handing out your own evaluations a day
    or two before the official ones. A colleague who does this says it takes the
    sting out of what the students may say on the official evaluations and illustrates how seriously he or she takes teaching.

    Faculty
    who are able to turn evaluations into popularity polls take high evaluations to
    mean they are good teachers. Yet, the vast majority of studies find that there
    is no correlation between student evaluations and student learning. In fact, some
    find students of the highly rated professors actually learn less than those who
    have professors rated lower. Actually no one knows what student evaluations
    indicate. One interesting study showed students very short silent movies of
    teacher and asked them to evaluate them. After the course, they also filled
    out evaluations and they were about the same as the first set. One
    interpretation was that the students were responding to body language and
    facial expressions as much as anything else.

    If
    the whole evaluation of teaching process is a joke it stands right beside the
    evaluation of scholarship. I am pretty sure if someone wrote nothing, not even
    doodles in napkins at Starbucks he or she would not get tenure. I am just as
    sure that a person who writes next to nothing but satisfies the three part test
    described above will be tenured. There are two things at work here. Letters are
    sent out to experts in the field. It’s a small honor or form of recognition to
    be asked to review someone’s scholarship. Like many things in the law professor
    world, it is something people want to be asked to do but pretend that it is
    burdensome. And, it is actually burdensome to those who are popular reviewers.
    Who are the popular reviewers? Typically, they are people who write positive
    reviews. Who are the unpopular reviewers? Reviewers who are honest. The popular
    ones use terms like “rising star,” “insightful,” “major contribution,” etc. The
    unpopular ones are not afraid to say unoriginal, not carefully researched, a
    repetition of his or her earlier work.

    It
    is not a stretch to say there is something of a market for letters. Tenure and
    promotion committees want positive reviews for those passing the three part test.
    If someone fails the three part test they would prefer negative reviews. But
    negative reviews are hard to come by. Why? Because if you write  negative reviews you may not be asked again
    and, remember, being asked is a feather in your cap.

    There
    s a second factor in this letter solicitation process. What happens if someone
    passes the three part test and a negative letter slips through. The negative
    letter is either ignored or is subject to scrutiny with the result being that is is rejected. Let’s take the case of a professor who I believe had the most expensive
    education available in American – Exeter, Princeton, Harvard — a nice
    enough guy who fits in the category discussed later of law professors who
    really do not want to be law professors so they change the job. He passed the
    three part test. In fact, one colleague noted  how upsetting it would be
    socially if he were denied tenured. His specialty was writing about meditation.  A negative letter came in observing that one of his articles was in large part the same as an earlier
    article the reviewer had been asked to review for promotion. In this case, the faculty ignored
    the letter. The recycling of an idea was not addressed. In some cases, the
    treachery is especially extreme. We call the collection of review letters a “packet.”
    I have seen packets that included quite negative reviews and the committee
    making a recommendation to the faculty has said “all the letters were positive”
    and no one uttered a word because the three part test was passed with flying
    colors. 

    Remember,
    these are law professors so they will often game the system. They may tell the
    committee doing the evaluations who not to ask for a letter and who to ask for
    a letter. It can get pretty extreme. One well know professor/politician was
    said to have mailed drafts of an article to possible reviewers before hand to make
    sure when the reviewer received the manuscript to review they would, in effect,
    be reviewing themselves.

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