University of Dayton

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School of Law Faculty Publications School of Law

2002

Academic Support Programs: Effective Support

Through a Systemic Approach
Adam Todd
University of Dayton, atodd1@udayton.edu

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Todd, Adam, "Academic Support Programs: Effective Support Through a Systemic Approach" (2002). School of Law Faculty
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 Academic Support Programs:
Effective Support Through a
Systemic Approach
AdamG Todd*

T ABLE OF CONTENTS

1. ASP HISTORY AND A CALL FOR CHANGE . . . . . . . . . . . . . . . . .. 189

II. ACADEMIC SUPPORT-THE NEED FOR A SYSTEMIC APPROACH. 191
III. WHAT CONSTITUTES A SUCCESSFUL ACADEMIC
SUPPORT PROGRAM? . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . .. 192
IV. A SYSTEMIC APPROACH-SOME SUGGESTIONS. . . . . . . . . . . .. 197
A. Engage Doctrinal Professors. . . . . . . . . . . . . . . . . . . .. 198
B. Hold Workshops and "Brown Bags" with
Doctrinal Professors . . . . . . . . . . . . . . . . . . . . . . . . . .. 199
C. Participate in Faculty Committees and "Brown
Bags" that Involve Academic Support Issues. . . . . . . .. 199
D. Offer to Co-Teach or Collaborate with a Doctrinal
Professor in a Core Course . . . . . . . . . . . . . . . . . . . . .. 200
E. Offer to Teach a Course in an Area of Interest
or Expertise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 200
F. Recruit Alumni and Members of the Local Bar to
Assist in ASPs ... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 201
G. Familiarize Yourself with Your Law School's
Mission Statement, ABA and AALS Inspection
and Self-Study Reports; and Other Useful Documents
for Promoting ASP Pedagogy .................... 202
H. Ally Yourself with the Legal Writing Professionals . . . .. 202
L Write, Write, and Write More . .................... 203
J. Directly and Informally Lobby for Structural and
Curricular Changes that You Believe Will
Promote the Academic Support Mission. . . . . . . . . . . .. 204
V. REFLECTIONS OF ONE ASP-CHASE COLLEGE OF LAW ... . . .. 204
A. Formal Academic Support Programs at
Chase College of Law. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 204
1. Summer Program for Legal Analysis ............... 205

* Assistant Professor of Legal Writing and Director of Academic Support, Salmon

P. Chase College of Law, Northern Kentucky University. J.D., Rutgers University School of
Law; B.A., Brown University.

187

Electronic copy available at: http://ssrn.com/abstract=1354789

188 GONZAGA LAW REVIEW [Vol. 38:1

2. Introduction to Legal Studies .......... . .205.. . .... ..

3. Academic Development Program . . . . . . . . .206.. . .... ..
4. Enriched Basic Legal Skills Classes . . . . . . .207.. . .... ..
5. Informal Tutoring Programs. . . . . . . . . . . . .209.. . .... ..
B. Beyond Traditional Academic Support-Systemic Support . 210
1. Hiring of Academic Support Director. . . . . . . . . . . . . .. 210
2. Creating Small Sections for First Year Courses ....... 211
3. Encouraging Mid-Term Examinations with
Feedback in First Year Courses ................... 211
4. Advocating the Use of Non-Traditional
Admissions Indicators .......................... 212
C. Political Realities and Dirty Laundry-How Politics and
Peccadillos Factor into Institutional ASP Decisions. . . . .. 212
VI. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213

Academic support programs in American law schools ("ASPs")' are often

implemented with the express purpose of promoting social, racial, and
economic diversity in the legal profession, which has historically excluded
these populations. 2 This progressive purpose, however, may not ultimately be
achieved unless academic support is fully integrated into the law school
academy. This Article argues that an ASP needs to go beyond one-on-one
counseling of students in academic difficulty. Further, ASPs need to engage the
faculty and administration of a law school in the academic support mission.
This Article also suggests concrete steps that ASP professionals can follow
to improve the delivery of ASPs on a more system-wide basis. Finally, this
Article examines specific programs at Northern Kentucky University's Salmon

1. ASPs are designed to assist traditionally "at risk" students who would likely fail
absent assistance. Richard Cabrera & Stephanie Zeman, Law School Academic Support
Programs-A Survey ojAvailable Academic Support Programs jar the New Century, 26 WM.
MITCHELL L. REV. 205, 205 n.l (2000).
2. LAw SCH. ADMISSION COUNCIL, APRACTICAL GUIDE FOR LAW SCHOOL ACADEMIC
ASSISTA.'1CE PROGRAMS 20 (2000) [hereinafter A PRACTICAL GUIDE FOR LAw SCHOOL
ACADEMIC ASSISTA.'ICE PROGR."'-.'vlS]; LAw SCH. ADMISSION SERVS., LAw SCH. ADMISSION
COUNCIL. AN INTRODUCTION TO ACADEMIC ASSISTANCE PROGRAMS 1 (1992); Paula
Lustbader, From Dreams to Reality: The Emerging Role oj Law School Academic Support
Programs, 31 U.S.F. L. REv. 839, 840 (1997) ("The underlying purpose of most Academic
Support Programs ("ASPs") is to diversify the legal profession by helping more diverse
students gain admission into, remain and excel in, and graduate from law schools, so they can
pass a bar examination and gain entry into the legal profession. "). But there are also political
and public relations reasons such programs are adopted. For example, academic support
programs are also used to help under-qualified, privileged students who have been admitted
to the law school because of alumni or political connections. Paul T. Wangerin, Book Review,
A Little Assistance Regarding Academic Assistance Programs: An Introduction to Academic
Assistance Programs, 21 J. CONTEMP. L. 169, 179-80 (1995).

Electronic copy available at: http://ssrn.com/abstract=1354789

2002/03J ACADEMIC SUPPORT PROGRAMS 189

P. Chase College of Law, where for the past five years, ASPs and other
services have been expanded, in part, for the purpose of increasing bar
examination pass rates. As a result of measures taken by Chase College of
Law, bar passage has improved dramatically. 3 These changes have both
positively and negatively impacted the academic support mission. 4 The School
is a useful case study for examining the delivery of academic support in law
schools.

I. ASP HISTORY AND A CALL FOR CHANGE

ASPs are currently well-received in the legal academy.5 Their importance

and usefulness are practically unquestioned. 6 Like c1inicallegal education and
legal writing, ASPs fill a gaping hole in the legal education system. 7 While
legal education was once a "one size fits all" program of instruction that paid
little attention to the art of teaching and the science of learning, academic
support has brought learning theory, individualized instruction, compassion,
and diverse teaching methods into the law school. 8

3. Chase College of Law inL'Ieased its bar pass rates by roughly ten percentage points
over the past five years. It ranked fourth in a study of schools that have improved bar exam
passage. Rebecea Luczycki, Bar Exam Success Stories, NAT'LJURIST, Jan. 2002, at 32, 35.
See discussion infra Part V.
4. See infra Part V.
5. See, e.g., Cabrera & Zeman, supra note I, at 206; see also Leslie Yalof Garfield,
The Academic Support Student in the Year 20iO, 69 UMKC L. REv. 491, 498 (2001);
Wangerin supra note 2, at 169.
6. See Kristine S. Knaplund & Richard H. Sander, The Art and Science of Academic
Support, 45 J. LEGAL EDUC. 157, 158-59 (1995); see also Lustbader, supra note 2, at 842.
7. Not only do ASPs allow for improved academic performance, but they also address
the non-academic performance factors that are frequently overlooked by the traditional
method oflaw school instruction. See Lustbader, supra note 2, at 847.
8. fudeed, the favored status of ASPs is evidenced by the large numbers of law
schools that have some type of academic support program in place and by the increasing
number of articles in law journals on the use of learning theory and teaching pedagogy. See,
e.g., Filippa Marullo Anzalone, It All Begins With Yi')U: Improving Law School Learning
Through Professional Self-Awareness and Critical Reflection, 24 HAMLINEL. REv. 324, 326-
27 (2001); Robin A. Boyle & Rita Dunn, Teaching Law Students Through individual
Learning Styles, 62 ALB. L. REv. 213, 216 (1998);M.H. SamJacobson,A Primer on Learning
Styles: Reaching Every Student, 25 SEATTLEU.L. REv. 139, 140-41 (2001); Michael Hunter
Schwartz, Teaching Law By Design: How Learning Theory and instructional Design Can
Inform and Reform Law Teaching, 38 SAN DIEGO L. REv. 347, 350-53 (2001); Ruta K.
Stropus, Mend It, Bend It, and Extend It: The Fate of Traditional Law School Methodology
in the 2ist Century, 27 LoY. U. CHI. L.J. 449,475-76 (1996); Alice M. Thomas, Laying the
Foundation for Better Student Learning in the Twenty-First Century: Incorporating an
Integrated Theory of Legal Education into Doctrinal Pedagogy, 6 WIDEKER L. SYMP. 1.49,
54-57 (2000).
190 GONZAGA LAW REVIEW [Vol. 38:1

However, it appears that ASPs potentially perpetuate social, racial and

economic barriers in law schools and the legal corrununity.9 These programs,
rather than performing an inclusionary role, can potentially entrench an
exclusionary hierarchy. Instead of changing law schools for the better, ASPs
can enable the rest of the law school to continue functioning in the traditional
manner that has historically caused people of certain social, racial, and
economic backgrounds to be excluded from academic success. 10 Furthermore,
a poorly organized or underfunded academic support program can potentially
harm the academic success of students participating in it, thereby further
perpetuating the historic exclusion of these non-traditional student populations.
For example, ASPs can cause harm by the additional work placed on a student
participating in a given program, the dependence that such a program may
create, or the stigma a student may feel from such a program. II
A number of legal scholars have mentioned that academic support
programs might potentially harm students. 12 Kathy Cerminara and Paul
Wangerin use compelling empirical evidence and data to show that stigma,
backlash, and dependency can undermine the goals of academic support. 13
Chris Iijima argues ASP goals cannot be achieved unless corrununity is created
and "multiple consciousness" is fostered. 14 Other legal scholars also provide
evidence of the harm of stigma and defeatism caused by academic support. 15
My concern about the "harm" of academic support programs is more in the
vein of recent scholarship by people such as Paula Lustbader and Ruta
Stropus, who argue for a greater role of ASP across the law school. I6 Like
these scholars, I believe academic support needs to play a greater part in the
legal academy. My concern, however, is that ASPs, if not given this more
meaningful role in a law school, can act as an impediment to change in the

9. See Judith G Greenberg, Erasing Racefrom Legal Education, 28 U. MICH. J.L.

REFORM 51, 88-91 (1994).
10. Cecil J. Hunt II, Guests in Another's House: An Analysis of Racially Disparate
Bar Performance, 23 FLA. ST. U. L. REv. 721, 781-83 (1996).
11. See id.; see also Stropus, supra note 8, at 487-88.
12. See, e.g., Cabrera & Zeman, supra note 1, at 207; Chris K. lijima. Separating
Support from Betrayal: Examining the Intersections ofRacialized Legal Pedagogy, Academic
Support, and Subordination, 33 J:-JD. L. REv. 737, 772-73 (2000).
13. See Kathy L. Cerminara, Remebering Arthur: Some Suggestions for Law School
Academic Support Programs, 21 T. MARSHALL 1,. REv. 249, 256-57 (1996); Paul T.
Wangerin, Law School Academic Support Programs, 40 HASTINGS 1,.J. 771, 773, 786-89
(1989).
14. lijima, supra note 12, at 771-74.
15. See Darlene C. Goring, Silent Beneficiaries: Affirmative Action and Gender in Law
School Academic Support Programs. 84 Ky. LJ. 941, 946-50 (1996); Hunt, supra note 10,
at 781-83.
16. See Lustbader, supra note 2, at 840-45; see also Stropu8, supra note 8, at 484-88.
2002/03] ACADEMIC SUPPORT PROGRAMS 191

academy. Academic assistance programs can potentially act as substitutes for

meaningful change in the rest of the law school institution by "enabling,,17 the
rest of the faculty to continue "dysfunctional" teaching methods and
assessment techniques. By enabling the law school academy to continue
functioning in a manner that inhibits ASP goals, an ASP program can
potentially harm the very popUlations it seeks to assist.

11 ACADEMIC SUPPORT-THE NEED FOR A

SYSTEMIC ApPROACH

When I worked as a legal aid attorney, much of my work consisted of

meeting one-on-one with clients who had pressing legal problems that required
immediate intervention. For example, a person would come to see me about
receiving eviction papers. I would contact the landlord and negotiate a
settlement, or go to court and prevent the eviction, or at a minimum, win my
client additional time to find new lodging. After a while, these types of cases
became very routine. While such cases were very rewarding-I was able to
directly help people in immediate need-the type of work was exhausting,
underpaid, and underappreciated.
As a break from these routine cases, I was able to regularly pursue a larger
case. Typically there were class actions or multi-party cases, that addressed a
more systemic problem, compared to the more routine cases where I would be
helping an individual with a pressing need. These larger, slower, systemic cases
provided a welcomed break from the more simple ones, and when successful,
provided a different type of satisfaction. The satisfaction from these larger
cases was derived from a feeling that more people were being helped, the
justice system was working on a grander scale, and possibly fewer people
would be in need of my routine services because now the system was protecting
their rights in a broader way.
During my work in law school academic support, I encounter parallels to
my work as a legal aid attorney. A large part of my duties as a director of
academic support at Salmon P. Chase College of Law involves meeting one-
on-one with students. The students I meet with often have immediate pressing
needs that require immediate intervention. These problems often are resolved
in a relatively quick time period. For example, a student may come in to see me

17. "Enabler is a noun used in clinical and support-group settings to label someone
who is close to (and often diagnosed as clinically "'co-dependent"' wi th) an alcoholic or other
presumed addict, and whose love and emotional support allow the sufferer to deny the
addiction and avoid seeking treatment. ... Over the years, enabling has gradually moved from
the clinical to the cultural vocabulary .... " Joe Sharkey, 'Enabling' is Now a Political
Disease, N.Y. TIMES, Sept. 27,1998 at WK5.
192 GONZAGA LAW REVIEW [Vol. 38:1

who has failed his mid-term exam in Contracts. The student and I will review
his study habits, case reading techniques, class notes, outlining efforts, and
exam writing ability. Based on our mutual assessment, we develop a plan to
improve the identified areas of weakness. Ideally he will follow the plan, which
often includes attending workshops, talking with his professors, and continuing
to meet with me or with someone to whom I refer him. Often, after one or two
semesters the student overcomes the weaknesses or develops a regular way to
work on his weakness with a person I have referred. While this individual
attention to students is crucial to academic support work and indeed most
rewarding, like the individual legal aid work, it is also exhausting, underpaid,
and underappreciated.
Thus, like my legal aid work, I also work on systemic academic support
issues in addition to my one-on-one work. This systemic work, when
successful, has different rewards from the individual work, it also makes me
believe that I may be decreasing the number of people in need of academic
support because the "system" or academy is providing support. 18

m. WHfIT CONSTITUTES A SUCCESSFUL ACADEMIC

SUPPORT PROGRAM?

Law school academic support programs take many different forms and
play many different roles. 19 Most programs, if not all, share the mission of
supporting and promoting social, racial, and economic diversity in the legal
profession. 20 In addition, or as part of promoting diversity, ASP programs
often work to create a supportive working community in the law school and
assist students in maintaining their confidence, values, and self worth in the
rigorous and often alienating environment of the American law school. 21 Many
programs structure their ASPs around the delivery of support to individual
students-particularly those students with low predictors or those facing
academic difficulty.22 Focusing solely on those students at the bottom of the
law school class, unfortunately, has a tendency to marginalize them. 23

18. Indeed, it is this systemic work that is crucial for a successful academic support
program. An ASP that does not work to effectuate change in the academy is destined, on a
certain level, merely to perpetuate an overall educational system that is stacked against the
ASP goals of promoting social, racial, and economic diversity, as well as effective teaching
and learning.
19. Lustbader, supra note 2, at 841; Knaplund & Sander, supra note 6, at 159.
20. A PRACTICAL GUIDE FOR LAW SCHOOL ACADEMIC ASSISTA:'lCE PROGRAMS, supra
note 2, at 20.
21. [d.
22. See Cabrera & Zeman, supra note 1, at 205-06.
23. See Iijima. supra note 12, at 765.
2002/03] ACADEMIC SUPPORT PROGRAMS 193

Academic support and the innovative techniques for teaching and learning
involved in such programs are hidden behind the closed doors of one-on-one
work with struggling students.
While the goals of Chase College of Law's ASPs are to promote diversity
and improve the learning environment at the school, I am, as an academic
support director, particularly interested in improving the academic performance
of all students. I believe that the true measure of success of an ASP is the long-
term academic improvement of all the students in the law school, not just those
at the very bottom of the class. 24 Indeed, at Chase College of Law, the students
who are just below the class median were often by-passed by the traditional
ASP, which was geared for those at the bottom. This group, in the lower-
middle end, contains a number of the racially, economically, and socially
diverse students in the law schoo1. 25 lt is these slightly below average students
that face particular difficulty with the bar exam and the job market. 26 Indeed,
an ASP, in some ways, fails its mission if it only serves the students at the
bottom of the class-a program will ultimately succeed if ASP pedagogy and
methods are embraced by the school and faculty as a whole.
One significant study, conducted at UCLA Law School, measured the
short-term and long-term benefits of various ASPs by using its own empirical
data. 27 The UCLA study, conducted by Kristine Knaplund and Richard Sander,
identifies short-term benefits of academic support programs (such as improved
grades during or immediately following a program but not necessarily
improved throughout law school) and long-term benefits (programs that show
imprOVed performance throughout law school). 28 The UCLA study is
convincing in its analysis and findings. The key factors of ASPs that have long-
term benefits for participating students identified in the UCLA study are:

1. The program directly deals with skills and techniques needed for test
taking;
2. The program takes specific skills and integrates them into other
courses the student is currently taking;
3. The program is taught using small classes (rather than one-on-one
tutoring or large classes);

24. See generally the discussion of "retention versus excellence," in A PRACTICAL

GUIDE FOR LAw SCHOOL ACADE:vtIC AsSISTANCE PROGRA'VlS, supra note 2, at 1-2.
25. This has been my observation throughout my career.
26. See generally Memorandum from Ljubomir Nacev, to Chase Deans and Faculty,
Chase College of Law 1-3 (May 10, 2000) (on file with Gonzaga Law Review) (comparing
LSPJ' scores and GPAs with bar passage rates, but not with success in job market).
27. Knaplund & Sander, supra note 6, at 159.
28. See id.; see also Jonathan L. Entin, Scholarship About Teaching, 73 CHI.-KENT L.
REv. 847, 861-62 (1998) (recognizing the importance of the Knaplund & Sander article).
194 GONZAGA LAW REVIEW [Vol. 38:1

4. The program uses a professional teaching staff (i.e., people with

training rather than volunteers or upperc1ass students); and
5. The program is "proactive" meaning that it targets students before
problems develop.29

Some law school academic support specialists have surveyed in-depth

studies of undergraduate academic assistance programs. 30 These surveys make
recommendations for successful academic assistance programs based on these
undergraduate studies. 3 ! Further, these recommendations appear to be
applicable to law school settings as well. Paul Wangerin compiled the
following factors he believed were supported by undergraduate surveys on
successful academic support programs. 32 Accordingly, a successful program
should include:

designing interventions suitable for different types of student needs;

providing strong administrative support; not forcing faculty to
participate in support courses; providing "multiple learning systems;"
avoiding student dependency [which can occur in many support
programs, particularly tutoring]; encouraging "independent learning;"
providing academic credit for participating students; and using "peer
tutor8.,,35

Finally, compelling anecdotal and statistical evidence shows that stigma

and defeatism have a debilitating effect on a program's efficacy.34 Thus, a
successful program needs to make efforts to design its programs and interact
with students in ways that avoid stigma and defeatism. 35 It is also stressed in
the above-mentioned studies that every school has its own needs. 36 Chase has
its own particular concerns because of non-traditional and part-time students.
However, in light of the above studies, Chase College of Law has taken the
position that its ASPs need to be proactive, emphasize independent learning

29. Knaplund & Sander, supra note 6, at 202-03.

30. See id. at 202-04.
31. See id.
32. Id. at 204.
33. Id.
34. See A PRACTICAL GUIDE FOR LAW SCHOOL ACADEMIC ASSISTANCE PROGRMvtS,
supra note 2, at 8-11. See generally Goring, supra note 15.
35. The pernicious effects of "defeatism" are well documented in Claude M. Steele,
Thin Ice: "Stereotype Threat" and Black College Students, THE ATLANTIC MONTHLY, Aug.
1999, available at http://www.theatlantic.comlissues/99aug/9908stereotype.htm (last visited
Sept. 3, 2002).
36. Knaplund & Sander, supra note 6, at 207; see also Lustbader, supra note 2, at 853-
54; Stropus, supra note 8, at 484-86.
2002/03] ACADENllC SUPPORT PROGRAMS 195

skills, be part of a systematic program to address individual student needs, and

avoid stigma and defeatism.
More recent scholars have recognized the above listed formula; a
program's success should not be limited to students in academic support
programs, but applied to all students. 37 All students learn best and reach their
full potential if they are taught proactively with an emphasis on independent
learning skills and when they feel part of a systematic program addressing the
individual student's needs. 38 Traditional law school courses that have smaller
class sizes, use diverse teaching methods, provide more individual feedback,
and are geared towards preparing the student for the course's exam (or other
evaluative work) will improve the academic performance of all of its students. 39
ASPs that provide this successful formula for learning need to be pushing for
the embrace of this ASP pedagogy by the rest of the law school faculty.
In a recent article Chris K. Iijima argues that ASP professionals need to
go beyond advocating for a change of how law school is taught.4{) He states,
"The responsibility of ASP's is also, and most importantly, to be self-
conscious critics of the normalized presumptions and biases that underlie much
of the way law is taught and of the law itself.'>'!! He advocates that ASPs
should "engage in an exploration and exposition about how the ideological and
political intersect and influence the pedagogical. ,>'!2 Professor Iijima also argues
that ASPs create "communities of color" to empower students served by ASP
programs. 43 He additionally calls for teaching students "multiple
consciousness" to empower them to understand the viewpoint demanded by
traditional legal pedagogy "without sacrificing and placing in conflict the sense
of themselves, their community, [and] their lives.,,44
Professor Iijirna's article understates, however, the importance of ASPs'
role in directly affecting law school curriculum and pedagogy.45 He states that
it is "only the most optimistic of educational visionaries" who would believe

37. See Cabrera & Zeman, supra note 1, at 211.

38. See Wangerin, supra note 2, at 192-93.
39. See. e.g., Schwartz, supra note 8, at 369-71.
40. Iijima, supra note 12, at 761-62 (identifying two approaches of ASP professionals:
the "Assimilationist Approach" which sees the role of ASP's as helping students assimilate
or "'cope' with traditional law school culture and its demands" and the "Learning Theory
Approach" which sees the role of ASP's as primarily focuses on the way law is taught).
41. [d. at 741.
42. [d.
43. [d. at 740.
44. Id. at 778-79.
45. Professor Iijima wri tes "the prospect of dramatic and immediate change is probably
not realistic, and the struggle to change law schools, and ultimately, how the law is viewed,
created, and implemcnted will be a protracted one." lijima, supra note 12, at 772.
196 GONZAGA LAW REVIEW [Vol. 38:1

changing the legal academy would be easy.46 While I agree such changes are
not easy, I do believe that there are relati vely easy steps that ASP professionals
can take to help facilitate this change. 47 Having frank discussions with
doctrinal professors about teaching and learning theories, student assessment
tools, and classroom atmosphere, can make enormous differences in the
academic success of the students in those classes. If the professor makes
changes, such as using multiple assessment tools, clearly articulated
assessment goals, and improving feedback to students on those assessment
measures, students would have much greater power and control over their own
learning. 48
Additionally, Professor Iijima partly perpetuates ASPs' undesirable
enabling function. 49 Professor Iijima indicates that it is the responsibility of
ASP professionals to create communities of color and to teach multiple
consciousness. 5o Certainly, ASP professionals should be taking steps to
empower students served by academic support. But such steps can continue to
merely placate students served by an ASP. Having a student develop multiple
consciousness gives the student greater tools for survival and success in law
school, but such consciousness does not on its own necessarily lead to change
in the academy. It can, arguably, allow the ASP assisted student to survive law
school while not requiring any change by the professors teaching that student's
doctrinal classes. Rather than having the responsibility of making students
aware of the need for mUltiple consciousness fall on ASP professionals, such
discussions should be taking place throughout the law school curriculum.
Indeed, the need for multiple consciousness, particularly by a student of color,
is not only needed for survival in law school, but is also needed as much in the
legal profession when working in a law firm with other attorneys, representing
clients, and appearing before judges, most of whom function in an occupation
with very few persons of color. 51
Professor Iijima would likely call my arguments for broader ASP

46. [d.
47. Jndeed, I think this change is occurring throughout the law school academy. The
rise of academic support professionals throughout the acadcmy is evidence of this change. The
increasing number of articles in law journals on the use of learning theory and on teaching
pedagogy is another. See, e.g., Anzalone, supra note 8; Jacobson, supra note 8; Schwartz,
supra note 8.
48. See, e.g., Kristin B. Gerdy, Teacher, Coach, Cheerleader, and Judge: Promoting
Learning Through Leamer-Centered Assessment, 94 LAW LIBR. J. 59, 69-70 (2002); Greg
Sergienko, New Modes of Assessment, 38 SAN DIEGO L. REv. 463,464-65 (2001).
49. Professor Iijima writes: "part of the problem for many law students of color is the
stereotype that confronts them about their lack of 'belonging' in both the academic as well
as the social setting oflaw school." fijima, supra note 12, at 740.
50. See id. at 740-41.
51. See id.
2002/03J ACADEMIC SUPPORT PROGRAMS 197

pedagogy throughout the law school academy unrealistically optimistic. 52 On

a certain level, there is an overly optimistic component to my quest for ASPs
in American law schools. If ASPs succeed in their mission of promoting ASP
pedagogy throughout the academy, ASPs as a separate institution could, or
should, then ",,\lither away" from lack of need for their services. 53 But this
utopian vision is indeed overly optimistic. As long as the first year of law
school is of such vital importance to the success of a student in the profession,
additional assistance is necessary for students during this period. 54 Moreover,
as long as students of color and other populations are under-represented in the
profession and the academy, there will be a need for additional support for
these populations. 55 Finally, as long as economics dictates large classes, few
assessment mechanisms and continued reliance on the Langdellian method as
the primary teaching model, academic support is needed. 56

IV. A SYSTEMIC APPROACH-SOME SUGGESTIONS

Each institution has its own needs, culture, and history that must be
understood and appreciated in order for the ASP professional to be effective. 57
The size, selectivity, and diversity of a school all influence the approach of its
ASP professionals in providing academic support. Similarly, academic support
professionals have varied roles and status in different law schools. 58 The status
of ASP professionals is usually not equal to the doctrinal faculty and may be
rather unclear. No matter what type of ASP a law school has, there are ways
academic support pedagogy can be promoted to the law school faculty and

52. See id. at 771-72.

53. r d like to credit my colleague Professor John Valauri, Salmon P. Chase College
of Law, for this expression.
54. Good first-year (not second or third-year) grades are usually the ticket to Law
Review, Moot Court, and clerkships with judges or big law firms. See Phillip C. Kissam, Law
School Examinations, 42 VAND. L. REv. 480-81 (1989); see also Mitu Gulati et a1., The
Happy Charade: An Empirical Examination of the Third Year of Law School, 51 J. LEGAL
EDUC. 235, 239 (2001).
55. See Cheryl E. Amana, Recruitment and Retention of the African American Law
Student, 19 N.C. CENT. LJ. 207, 214-16 (1991).
56. See Stropus, supra note 8, at 484-88.
57. See A PRACTICAL GUIDE FOR LAW SCHOOL ACADEMIC ASSISTANCE PROGRAMS,
supra note 2, at 11-12. This point was effectively brought to my attention and made by
Jennifer Kamita, Director of Academic Support, Loyola Law School, as well as Mark Padin,
Nova Southeastern University. This issue was part of a presentation made by Professors
Kamita and Padin and me entitled Making Friends and Influencing Faculty. Jennifer Kamita
et. aI., Presentation at the LSAC 2001 Northeast Region Academic Support Conference (July
19-20,2001).
58. See Cabrera & Zeman, supra note 1, at 208-10; Garfield, supra note 5, at 494-98.
198 GONZAGA LAW REVIEW [Vol. 38:1

administration as well as the local bar and legal community. 59 It is through

these systemic approaches to academic support that a program can be more
successful.
These approaches work within my particular law schooL Some of these
suggestions, however, could "back-fire" on an ASP professiona1. 60 If the ASP
professional acts too assertively or aggressively, he or she could make the
faculty and administrators uncomfortable, which could lead to a scaling back
or dismantling of the ASP. 61 Considering the tenuous status afforded ASP
professionals in many law schools, the following suggestions unfortunately
must be exercised with great tact, patience, and political acumen.

A. Engage Doctrinal Professors

I try to involve, as much as possible, the doctrinal faculty in providing for

the ac<).demic support needs of students in their classes. Having a doctrinal
faculty member articulate to a student why he or she did not do well on a given
exam forces the doctrinal faculty member to clarify his or her teaching and
assessment techniques. 62 For example, a student who fails a Contracts mid-
term and comes to see me, is required to talk to his or her Contracts professor
and take careful notes on why he or she did not do well and how the professor
recommends the student improve his or her performance. This same student
must then return to meet with me and discuss the findings. I then put these
findings in a broader context with the student in light of the student's other
classes, personal situation, and so on.
Next, I talk to the Contracts professor about all of her students that I have
met with and general problems that have arisen in the class. This interaction
helps immensely because it allows me to gauge the advice I have given students
about improving performance in a particular professor's class. This interaction
is also crucial in drafting the doctrinal professor into the academic support
mission. Through these conversations, the professor becomes familiar with

59. This is of course assuming there is a will.

60. For an account of a legal writing professional's difficulties in his law school's
administrative politics, see Peter Brandon Bayer, A Plea for Rationality and Decency: The
Disparate Treatment of Legal Writing Faculties as a Violation of Both Equal Protection and
Professional Ethics, 30 DUQ. L. REv. 329, 329-30 (2001).
61. On the other hand, the dismantling of an academic support program would not
necessarily be a bad thing if the rest of the school (faculty and administration) adequately
served students of color, non-traditional students, and others currently not sufficiently served
by the law school academy.
62. For a discussion of the need for all professors to conference with students, see
Stephanie A. Vaughan, One Key to Success: Working with Professors ... Outside the
Classroom, 29 STETSON L. REv. 1255, 1258-60 (2000).
2002/03] ACADEMIC SUPPORT PROGRAMS 199

academic support pedagogy. For example, the professors become familiar with
the deductive structure of IRAC (Issue, Rule, Analysis & Conclusion) and
analogical analytical forms. The professors can then become aware of whether
they privilege one form over the other in their exams. They become aware of
the need for varied learning techniques, and become sensitive to the barriers
some students in their class may be facing.

B. Hold Workshops and "Brown Bags" with

Doctrinal Professors

Another technique for involving faculty members in the academic support

mission is through workshops where one co-teaches with the doctrinal faculty
member. I particularly try to involve fIrst-year professors in the academic
support workshops offered at my school by having them talk about the
doctrinal subject matter being covered in the workshop.63 This collaboration
forces the doctrinal professor to consider ASP issues directly and opens the
space for dialogue and furthers collaboration on supporting students' needs.

C. Participate in Faculty Committees and

"Brown Bags" that Involve
Academic Support Issues

As an ASP professional, it is easy to discount the value of faculty meetings

and committees. They can be long, tedious, and appear unproductive. They
take valuable time away from the immediate, pressing, and real needs of
students in need of assistance. The long-term benefits of attending and
participating in faculty meetings, however, are valuable to an ASP's
pedagogical goals and professional development. Thus, it is important to attend
and participate in faculty committees, meetings, and brown-bag discussions.
The ASP professional has expertise in areas that the faculty often does not
have. 64 Usually, the ASP professional has a unique perspective on curricular
and administrative matters. 65 An ASP professional has a valuable role to play

63. At Chase College of Law. this is primarily done through a program called
"Introduction to Legal Studies." This program is a one week mandatory, for-credit class in
study skills and legal method. SALMO'" P. CHASE COLL. OF LAW. Description of Curriculum,
in 2002-2004 CATALOG, at 4, available at www.aku.edu/-chase (last visited Sept. 7, 2002)
[hereinafter Description of Curriculum].
64. See generally A PRACTICAL GUIDE FOR LAw SCHOOL ACADEMIC AsSISTANCE
PROGRAMS, supra note 2, at 4-6.
65. There are some committees that an ASP should avoid, such as committees that
enforce the honor code or place students on probation or dismissal due to academic standing.
These types of activities conflict with the supportive role ASP professionals must perform
200 GONZAGA LAW REVIEW [VoL 38:1

in faculty discussions on many issues such as how to raise bar exam results,
faculty grading policies for courses (particularly first year courses), use of
assessment tools in law school classes, diversity issues, academic probation,
and dismissal policies. 66 In my experience, an ASP can give a valuable
alternative point of view on issues such as admissions, recruitment, alumni
development, financial aid, law school environment, and hiring.

D. Ofler to Co-Teach or Collaborate with a Doctrinal

Professor in a Core Course

The Knaplund and Sander study of ASPs at UCLA Law School

demonstrated that effective academic support is delivered in an integrated
model where specific skills are taught in conjunction with the courses that the
students are currently taking. 67 An obvious way to achieve this goal is for an
ASP professional to collaborate directly with a doctrinal professor in a first
year subject and provide ASP methodology directly in the class curriculum.
For example, at Chase College of Law, I collaborated with a professor
teaching Criminal Law. Over the course of the semester, I developed sample
essay exam questions relating to the topics covered in the class. These
questions were handed out as each topic was covered. Students had the
opportunity to immediately assess their mastery of the material, practice and
improve their skills in preparation for the final exam, and also receive general
advice on course preparation. Workshops were also provided on outlining and
effective studying using the material the students were currently studying. Such
an approach allowed students to make an immediate connection between the
advice received by the ASP professor and their doctrinal class. Additionally,
the ASP exercises did not detract from their studies but built on and enhanced
their immediate study needs. 68

E. Offer to Teach a Course in an Area

of Interest or Expertise

Ideally, the ASP professional would teach a doctrinal, first-year subject

and apply his or her ASP expertise in conjunction with teaching the doctrinal
course. The Knaplund and Sander study has identified such a course as being

with students.
66. See A PR.A..CTICAL GUIDE FOR LAW SCHOOL ACADEMIC ASSISTANCE PROORAMS,
supra note 2, at 6.
67. See Knaplund & Sander, supra note 6, at 161,203-06.
68. In a part-time program particularly, where students are pressed for time, ASPs that
impose additional work on a student seem to have a detrimental effect.
2002/03] ACADEMIC SUPPORT PROGRAM.5 201

an effective form of academic support. 69 Teaching such a course, however, is

not usually an option for most ASP professionals, who are hired on non-tenure
tract contracts. 70 What is more feasible, however, is an ASP professional
teaching an elective course. While the idea of taking on the additional
responsibility of teaching a course sounds foolhardy or impossible in light of
all the other time consuming tasks of the ASP professional, teaching a course
has a number of benefits to the ASP professional and program itself.
First, the ASP professional gains a certain amount of respect and
credibility as a teacher among students, professors, and administrators in the
law school. This respect makes all other work in academic support easier to
accomplish. Second, certain courses can be structured to provide important
academic support components to the law school curriculum. For example, I
have taught legal drafting and pre-trial litigation courses, in which I included
workshops on the Multistate Performance Test open to all students in the
school who wished to prepare for that part of the bar exam. 71 The academic
support components of these electives can also be important models for other
teachers in the law schooL Third, the ASP professional is likely to find
personal satisfaction in teaching outside of the usual academic support setting.
Such teaching spurs professional growth and development outside the confines
of the academic support community. Finally, the professional is better able to
relate to and appreciate the issues facing doctrinal professors in their regular
teaching routines. Having such insight is crucial for successfully implementing
any changes in overall law school teaching and pedagogy.

F. Recruit Alumni and Members of the Local Bar

to Assist in ASPs

Many law schools use second and third-year law students to provide
academic support to first-year students. 72 I think using recent alumni and

69. See Knaplund & Sander, supra note 6, at 161, 172,202-06.

70. AM. BAR ASS'N, STANDARDS FOR APPROVAL OF LAW SCHOOLS § 403(b) (2001-
2002) requires "substantially all" first year subjects to be taught by full-time faculty.
71. The Multistate Performance Test (MPT) is developed by the National Conference
of Bar Examiners (NCBE) and is administered in 28 jurisdictions. See Nat'! Conference of
Bar Exam'rs, Multistate Performance Test (MPT): Introduction, at
http://www.ncbex.org/tests/mpt/mptxt.htm (last visited Sept. 21, 2002); see also Nat'l
Conference of Bar Exam'rs, Multistate Examination Use, at
http://www.ncbex.orgltests/use.htm (last visited Sept. 21, 2002).
72. E.g., Knaplund & Sander, supra note 6, at 169 (stating elements of UCLA's
academic support program, which includes review sessions with second and third year
students). I think over-reliance on students to provide academic support can be a mistake and
send the wrong message to the law school, law students, and the community. First, students
who provide support need careful training. Second, successful law students who would
202 GONZAGA LAW REVIEW [Vol. 38:1

members of the local bar, while possibly more costly, is more effective. I have
found alumni eager to playa role in assisting students at the school and willing
to take the time to be trained and provide long-term assistance to the school.
Recent alumni have immediate credibility due to their success in the same
classes as the students they are assisting. Alumni can also give a longer-term
perspective about law study-having studied for the bar exam and practiced
law. Finally, alumni can playa role influencing the law school administration's
support for ASPs and for positive change in the law school curriculum. An
alumni association is likely to be interested and supportive of academic support
work. Their potential financial support of ASP certainly would get the attention
of administration and faculty.

G. Familiarize Yourselfwith Your Law School's Mission

Statement, ABA and AALS Inspection and
Self-Study Reports; and Other Useful Documents
for Promoting ASP Pedagogy

Law school mission statements often have language consistent with ASP
goals. 73 Such language should be included in any discussion and promotion of
ASPs in your law school. Additionally, as part of the periodic re-accreditation
process, I suggest law schools engage in a self-study process including
examination of the law school's mission statement, assessing the law school's
successes and failures in accomplishing its mission, and identifying programs
for succeeding in the future. This process gives ASP programs an opportunity
to be recognized in the law school and included in future plans for the law
school.

H. Ally Yourself with the Legal Writing Professionals

Legal writing professionals are natural allies with ASP professionals. They
share many of the same struggles and are often trying to achieve the same
goals. 74 Legal writing instructors are usually the first to encounter students

provide good support to other students are often swamped with other responsibilities sueh as
law review, moot court, clerkships, and clinics. Third, good academic support should be
provided by skilled professionals; having students provide this service (like having students
teach legal writing) sends the message that ASP is something that does not require any
particular training or experienee.
73. See, e.g., WAKE FOREST UNIV. SCH. OF LAW, MISSION STATEMENT, available at
http://www.law.wfu.edu/mission_statement.htm(lastvisited Sept. 21, 2002); LoYOLA LAW
SCH., L.A., MISSION STATEMENT, available at http://www.lls.edu/aboutlmission.htm (last
visited Sept. 15,2002).
74. Cf Bayer, supra note 60 (raising many of the same issues that apply to ASP
2002/03] ACADEMIC SUPPORT PROGRAMS 203

facing academic difficulty.75 Many of these legal writing instructors use varied
teaching techniques, often in one-on-one settings, to teach to the varied learning
styles of students learning legal writing. In some schools the academic support
program has grown out of or is associated with the legal writing program. 76
Often employment status of ASP and legal writing professionals is similar in
a given law school.

L Write, Write, and Write More

ASP professionals spend much of their time teaching. The currency of the
law school academy, however, is publisbing. 77 In order to make inroads in the
academy, ASP professionals need to participate in the written discourse of the
legal academy. Articles in law reviews and peer edited journals are ideal, but
also the law school alumni newsletter or magazine or the local bar journal can
give valuable exposure to your program. Also, write to the Dean about things
you are doing. When returning from an academic support conference, write a
memo about what other schools are doing and how your school measures up.
These memos can be easily converted into pieces for newsletters. Finally, write
grant proposals. The Law School Admissions Council, U.S. Department of
Education, American Bar Association, local bar foundations, law frrms, are all
sources of funds for ASP projects. Even if your funding request is
unsuccessful, your efforts will be noticed and appreciated by the law school.
Additionally, the grant writing and vetting process gives exposure to you and
your program.

professionals as well as legal writing professionals); see also Jan M. Levine, Leveling the Hill
of Sisyphus: Becoming a Professor of Legal Writing, 26 FLA. ST. U. L. REv. 1067, 1073-75
(1999) (explaining why individuals become legal writing professors, the types of positions
available, and how to get appointed to a legal writing position).
75. Herbert N. Ramy, Two Programs are Better Than One: Coordinating Efforts
Between Academic Support and Legal Writing Departments, 9 PERSP: TEACHING LEGAL RES.
& WRITING 148 (2001).
76. See id. (discussing the coordination of academic support and legal writing
departments at Suffolk University School of Law); see also Cerminara, supra note 13, at 259
(discussing academic support delivered through the legal writing program at University of
Pittsburgh School of Law and describing a variety of support program models),
77. William R. Slomanson, Legal Scholarship Blueprint, 50 J. LEGAL Boue. 431, 433
(2000) ("The common perception is that scholarship ranks tirst at upper-tier schools, teaching
first at others .... A number of schools effectively delegate this part of the tenure evaluation
process to the law reviews: you either publish or you don't, and the more publications, the
better.").
204 GONZAGA LAW REVIEW [VoL 38:1

J. Directly and Informally Lobby for Structural and

Curricular Changes that You Believe Will
Promote the Academic Support Mission

Direct and informal lobbying is an important tool for promoting ASPs. I

sometimes conduct "courtesy calls" on first year professors where I chat with
them ahout their syllabus, their impression of the students in their classes, and
any ideas they have for assisting the students they perceive as having difficulty.
Participating in law school lunches and dinners is also important. Sometimes
more can be accomplished during an informal lunch or after dinner drinks than
in a formal meeting.

V. REFLECTIONS OF ONE ASP-CHASE COLLEGE OF LAW

Five years ago, Chase College of Law undertook major institutional

changes to address declining bar passage rates. During the debate and
implementation of these changes, the tension between the historic exclusionary
tradition of law school practices and the inclusionary practices of academic
support came to the surface. As part of the institutional changes, academic
support advocates on the faculty pushed (and continue to push) for more
academic support to be provided by all faculty members rather than solely
provided by academic support personnel. This push for greater integration of
academic support was being done at the same time other faculty members
pushed for exclusionary measures to "weed out" academically weak students
in the law school.
What was ultimately adopted was a combination of exclusionary measures
(such as grade norms, tougher dismissal policies, and more required courses)
with inclusionary academic support measures (such as the creation of smaller
class sections, encouragement of diverse teaching methods, use of mid-terms,
and expansion of academic assistance programs). As a result, the school
provides a useful case study of the role of academic support in the law school
academy both in terms of a support program's positive and negative roles.

A. Formal Academic Support Programs at

Chase College of Law

There are five traditional academic support programs currently in place at

Chase: (1) Summer Program for Legal Analysis; (2) Introduction to Legal
Studies; (3) the Academic Development Program; (4) Enriched Basic Legal
Skills (writing) Classes; and (5) Various tutoring programs.
2002/03] ACADEMIC SUPPORT PROGRAMS 205

1. Summer Program for Legal Analysis

The Summer Program for Legal Analysis is an eight day voluntary

program "devoted to developing the skills necessary for succe<;s in law
schooL ,,78 The program, which is open to all students, is designed primarily for
students admitted to the law school and entering the fIrst year. Students who
have been out of an academic setting for a number of years or who have not
had much exposure to the law and the way law schools function are
particularly encouraged to attend. Participants receive intensive instruction in
reading and analyzing legal materials such as cases and statutes.
This program plays a number of important roles for the law schooland for
promoting academic support's mission. It helps build analytical skills for
incoming students and it acclimatizes incoming students to the level of rigor the
students will face in law school. The program also helps students diagnose skill
deficiencies, thereby enabling them to work on these deficiencies before and
during law school. Additionally, the program has been a good recruitment tool
for the schooL Some students have indicated that they chose to attend Chase
College of Law due to the availability of this program.
The drawbacks of the program are the cost, which includes compensation
of law school faculty members for a fairly high workload. Since this is a
voluntary, no-credit program, the costs of the program are not directly
recovered from student tuition. Secondly, summer programs such as this, while
shown to provide important short-term benefits in improVed academic
performance, do not necessarily demonstrate long-term academic impact. 79
Finally, a summer program that does not engage doctrinal faculty members can
simply enable the law school faculty to continue methods of teaching that are
contrary to the ASP mission.

2. Introduction to Legal Studies

The Introduction to Legal Studies class "is a week-long, mandatory

[orientation] program for all in-coming law students."gO It is for one credit and
is graded pass/faiL Four full-time faculty members teach both full-time,
approximately eighty, and part-time students, approximately seventy. "Classes
are held in large and small group settings."sl "A variety of teaching and

78. Salmon P. Chase ColI. of Law. Academic Support and Development, in 2002-2004
CATALOG, at 17, available at www.aku.edul-chase (last visited Sept. 7, 2002) [hereinafter
Academic Support and Development].
79. Knaplund & Sander, supra note 6, at 180-83.
80. Academic Support and Development, supra note 78, at 17.
81. Jd.
206 GONZAGA LAW REVIEW [Vol. 38:1

learning techniques are used. ,,82 Its "primary goal is to introduce students to the
expectations of the typical law school class.,,83 "The course also covers case-
briefing, outlining, and the basics of exam preparation."S4
The class plays an important academic support function. It makes some
students less apprehensive about issues of law in initial class discussions. The
introduction to basic legal issues prior to the beginning of substantive classes
also levels the playing field between some students who have been exposed to
the law either through past work or study and students who are new to legal
studies. The Introduction to Legal Studies class also acts as a bonding ritual
for the first year class. Students get to know each other before they are
immersed into their substantive classes. This bonding function, in my view, has
the positive effect of lessening anxiety between the students and allows for the
foundation of friendships, study groups, and information contacts for the
student body.
Additionally, the program has a relatively low cost because existing faculty
are used and paid relatively small stipends. Similar programs have shown short
term benefits for student retention, academic success, and student
satisfaction. 85 The program also has strong public relations benefits. Finally,
the Introduction to Legal Studies class provides an early part in the evaluation
of students for other academic support services. Students who have a difficult
time with the materials in the course are steered to the Academic Development
Program and tutoring services early in the semester.
A drawback of the course is that it does not necessarily allow for long-term
academic succesS. 86 Additionally, it does not promote deep systemic change.
Professors at the school, relying on this course to teach students how to cope
with the Langdellian method,87 can continue traditional "exclusionary" teaching
methods. 88 However, the involvement of ASP professionals teaching alongside
the doctrinal faculty does institute positive systemic change.

3. Academic Development Program

The Academic Development Program is run by recent graduates of the law

82. Id.
83. [d.
84. Id.
85. Knaplund & Sander, supra note 6, at 197-98.
86. See id. at 181-82 (analyzing the academic performance of students participating
in programs administered before school begins).
87. A process of teaching introduced by Christopher Langdell at Harvard Law School
in 1870, that has been subject to much criticism. See Stropus, supra note 8, at 452-55.
88. See id.
2002/03] ACADEMIC SUPPORT PROGRAMS 207

school who are hired as adjunct faculty. They hold Saturday morning study
skills workshops, which are open to all fITst year law students. The topics
covered first semester are: "time management and studying techniques, case
briefing, outlining, [and] exam taking."S9 In the second semester, the faculty
focuses more directly on exam-taking techniques and spends one to two
workshops on exam writing in each fITst year subject. 90 A variety of teaching
techniques are used. The faculty then holds office hours at the law school on
the weekends following the workshops. The workshops are usually well
attended with twenty to twenty-five students attending each of the workshops.
The faculty uses materials being covered in the students' substantive courses
in order to provide continuity between the workshop and law school classroom.
Such a program has been shown to provide short-term benefits in student
retention, academic performance, and student satisfaction. 91 There are also
good public relations benefits. The anecdotal evidence points to this,program
being a success; students I talked to who had attended the sessions expressed
that they found the sessions useful. A number of study groups worked in
conjunction with Saturday morning workshops and asked some of the faculty
members to meet with their groups to discuss legal issues raised in the
workshops and in their law classes.
Unfortunately, the program has seen some shortcomings. First, it does not
necessarily allow for long-term academic development. Second, many students
who need help do not participate. Conversely, but equally problematic, some
students who participate suffer academic support overload (i.e., it takes
valuable time from students who can ill afford extra time away from their
studies). Finally, the program enables law school faculty to continue in
traditional "exclusionary" teaching methods.

4. Enriched Basic Legal Skills Classes

Chase College of Law offers two special Basic Legal Skills (introductory
legal writing) classes for first year students who, based on their law school
application, appear to be "at risk" of not succeeding in their legal studies. 92
Basic Legal Skills is a three credit, year-long course that all first year students
must take. 93 It is normally taught by two full-time legal writing professors,
teaching two ninety minute sections in classes containing roughly thirty to forty

89. Academic Support and Development, supra note 78, at 17.

90. Id.
91. See Knaplund & Sander, supra note 6, at 197.
92. See Memorandum from Adam Todd, to Lowell Schechter (Sept. 22, 1997) (on file
with Gonzaga Law Review).
93. Description oj Curriculum, supra note 63, at 4.
208 GONZAGA LAW REVIEW [Vol. 38:1

students. For the new program, the law school hired one additional full-time
legal writing professor (as a Visiting Professor) to teach two additional
enriched sections. The two enriched classes have roughly fourteen to eighteen
students.
For this program, students' admissions files are reviewed for placement in
the class. The smaller number of students in these classes allowed for
individualized attention to the development of students' writing and analytical
skills. Literature on academic support and legal writing indicates a more
effective way to teach legal writing, particularly to at-risk students, is through
small classes where students can get individualized attention. 94 The smaller
class size also allows the professor to give some students attention concerning
other non-writing issues facing at risk students such as time and stress
management, effective study skills, and exam taking techniques.
I have taught this class for four years and have found the class to be
successful in respect to a number of academic support goals. The smaller class
size allowed me to meet with my students in small groups and one-on-one more
frequently than past years when I have taught this course to larger groups. Last
year, when I taught this same course with two classes of twenty-seven each, I
was only able to meet with my students individually one time before they
handed in an assignment. In the current class, I am able to meet at least twice
with each student. In addition, I am able to meet with about one-third of the
students for a brief third meeting if they feel it would be useful. Second, I am
also able to give much more extensive feedback to the students in the enriched
classes. Finally, due to the smaller number of students, I am able to hold some
of my classes in the library computer room, thereby allowing me to take
advantage of technological tools that facilitate the teaching of writing in the
classroom.
Students have expressed appreciation for the class. The small group work
has led to groups of students meeting outside the classroom to work on
assignments for my class, as well as to study for other classes. While there
were some initial concerns by the students about the stigma this class may have
on them, such concerns seemed to have quickly passed. Students inside and
outside the classroom have generally been enthusiastic about the topics raised
in class and seem to have overall positive attitudes about their legal studies.
An additional benefit arising from this program has been the reduction in
the class siz,c of all the legal writing classes. Prior to the creation of the
enriched writing class, the full-time legal writing professors had an average of
thirty-five to forty students in each of their writing seetions. With the addition
of another legal writing professor, overall class sizes for legal writing have

94. See Knaplund & Sander, supra note 6, at 203; see also Wangerin, supra note 2,
at 174.
2002/03] ACADEMIC SUPPORT PROGRAMS 209

dropped to roughly thirty students. 95 All legal writing professors participate in

reviewing incoming students' files and selecting participants for the enriched
class.
The selection process for this course, however, creates potential for a
feeling of stigmatization on the part of the participants. 96 Additionally, this
class may also provoke backlash complaints from students who were not
selected to participate, because they feel cheated or disadvantaged. Finally, the
cost of hiring an additional full-time faculty member can be prohibitive.
However, Chase has created this position on a contract basis. Furthermore, the
salaries of legal writing faculty are considerably lower than those of regular
faculty members. 97

5. Informal Tutoring Programs

Chase College of Law offers tutors on an at-need basis. 98 Students are

referred to tutors by the Director of Academic Support, the Dean of Academic
Affairs, or an individual professor. The adjunct professors of the Academic
Development Programs as well as members of the local legal community
(particularly the Black Lawyers Association of Cincinnati), volunteer to meet
with students on an as-needed basis. Arrangements are made directly between
the student and the tutor. The law school does refer some students to tutors. No
training or formal oversight is done by the school.
The benefits of a tutoring program are that it is administratively easy, low
cost, and focused on an individual student's problem. 99 Additionally, the
mentoring and support functions of some tutors are invaluable. Students to
whom I have talked have had mixed experiences with tutors.
However, the drawbacks are that tutoring, unless done by a person who is
well trained or well gifted, can easily encourage dependent relationships that
stifle independent learning skills.loO Additionally, if sporadic or unstructured,

95. Memorandum from Adam Todd, supra note 92.

96. The first year I taught the enriched course I opted for full disclosure about the
purpose and selection process of the course to my students. Most of the students reacted
favorably and in the spirit in which I delivered the news, however, a few students were very
upset by their plaeement in the class. One student dropped out of law school apparently
because of being placed in this class. This past year I opted for non-disclosure and I heard of
no complaints from students. There very well may still have been, however, an awareness on
the students' part that they were in a "special" class. On a further note, I have been surprised
at the intellectual rigor and academic abilities of the students that have been placed in this
class in the past two years.
97. N. Ky. UNIV., FACULTY SALARIES BY DEPARTMENT 20 (2001).
98. The at-need basis is made up of several factors to include academic performance.
99. Knaplund & Sander, supra note 6, at 184.
100. Id. at 185.
210 GONZAGA LAW REVIEW [Vol. 38:1

it can place additional strains and drag on a student's studying time. Tutoring
also enables the law school as a whole to continue in ways contrary to ASP
pedagogy.

B. Beyond Traditional Academic Support-Systemic Support

The above programs fit into the model of programs that generally "enable"
the law school to continue, as a whole, to function in ways that are contrary to
the mission of the ASP.
At Chase, I and other faculty members have pushed for ASP type changes
in the traditional curriculum. Recent institutional changes that have bolstered
the goals of academic support are: (1) the hiring of an Academic Support
Director; (2) the creation of small sections for first year courses; (3) the
encouragement of mid-term examinations and feed-back in first-year courses;
and (4) the encouragement of using non-traditional admissions indicators.

1. Hiring of Academic Support Director

In Fall 1997, Chase College of Law hired me as Academic Support

Director and Professor of Legal Writing initially on a visiting, and then on a
year-to-year basis. The duties of this position are to oversee and participate in
the teaching of the various academic support programs at the law school and
to teach legal writing. 101
The hiring of an academic support director was an important step towards
increasing the stature and importance of academic support and preventing the
existing academic support programs from merely enabling the law school to
continue its older exclusionary activities. As academic support coordinator, I
was charged with providing the Dean and faculty with expertise in academic
support issues. I sat in on full faculty and committee meetings and provided
input from an academic support prospective on important issues facing the law

101. The full description of the position as adopted by the faculty is as follows: teach
"enriched" (academic support) classes of Basic Legal Skills Writing; teach upper-level
writing class( es) that incorporate academic support components in its curriculum (particularly
during the summer); coordinate, advise, and participate in other academic support programs
provided by the school such as the Academic Development Program (weekend workshops)
and Bar Preparation Workshop (being proposed); meet (on limited, but on as-needed basis)
individually with students having academic difficulty to provide counseling, refer for testing,
or directly work on skills; keep statistics and evaluate academic support programs provided
by the law school; study and keep up-to-date on academic support literature and learning
theory, particularly the growing body of formal studies and surveys on the efficiency of
academic support programs; advise the Dean's office and faculty concerning academic support
issues; and contribute to the scholarship on academic support and legal writing through
publishing and making presentations.
2002/03] ACADEMIC SUPPORT PROGRAMS 211

school. The two-year self study and ABA!AALS inspection process, as well
as public concerns over low bar passage rates, allowed me to participate in
important decisions affecting the role of academic support in the institution as
a whole. 102 This platform allowed me to raise academic support issues that
went beyond the traditional academic support programs and that pushed for
ASP pedagogy in the traditional classes. Brown bag lunches and teaching
workshops put on by the law school on teaching issues gave further (but less
influential) voice to ASP issues in the institution as a whole.
The downside of this position is that it was created as a contract position
rather than a tenure-track position. As such, this position has less status, less
pay, and no direct voting rights. 103 This discrepancy in status, compared to the
rest of the faculty, perpetuated the marginalization of ASPs in the school.

2. Creating Small Sections for First Year Courses

Another program that pushed ASP pedagogy beyond traditional ASP

programs was the creation of small sections for first year classes. One year
ago, faculty teaching schedules were rearranged to create classes of twenty-
eight to thirty-five students in some of the first year courses, so that each first
year student would have one small section experience. Each teacher in the
small section was encouraged to use varied teaching techniques and to give
students more individualized attention. The professors, through greater
attention to individual students, either directly work with a student on his or her
problem areas or direct that student to one of the other ASPs. The creation of
these small sections was an important step by the law school as a whole,
toward a school-wide application of ASP pedagogy.

3. Encouraging Mid-Term Examinations

with Feedback in First Year Courses

In 1999, the faculty voted to strongly encourage professors teaching first

year courses to give mid-term exams and provide feedback on these exams.
The encouragement of testing tools that go beyond the sole final exam is
consistent with ASP pedagogy of targeting students who need help early. 104 The
aspect of feedback similarly advances ASP goals of early intervention and

102. I do not want to overemphasize my individual role in promoting academic support

issues in the law school. The Dean and Associate Dean of the school, as well as a number of
the senior and junior faculty, voiced support for academic support issues and were
instrumental in seeing their implementation.
103. I did have voting rights in some committees.
104. See Garfield, supra note 5, at 495.
212 GONZAGA LAW REVIEW [Vol. 38:1

clear articulation to students of the asse.<;sment techniques used in a given class.

4. Advocating the Use of Non-Traditional

Admissions Indicators

The Chase College of Law faculty, in a largely symbolic action, voted to

encourage the admissions committee to give less emphasis to the LSAT and
undergraduate GPAs when determining an applicant's admission to the law
school. ASP pedagogy, which strives for promoting diversity and eschews
traditional, narrowly based admissions indicators such as the LSAT, directly
influenced this request.

C. Political Realities and Dirty Laundry-How Politics and

Peccadillos Factor into Institutional ASP Decisions

While Chase College of Law has taken many positive steps in advancing
ASP's goals, when these advances are put in the context of other changes and
debates occurring in the law school, the ASP advances are not as encouraging.
Many of the above positive changes were not self-initiated, but rather done
in response to the self-study and ABNAALS inspection process, as well as in
response to outside pressures to raise the school's bar passage rate.
Furthermore, other steps have been taken to increase bar passage and increase
the rigor of the school that directly undermine ASP goals. At the same time
these academic support programs were being put into place, the school: (1)
tightened the academic probation and dismissal policy; (2) instituted grade
norms; (3) increased the number of required courses; and (4) instituted a
required-repeat policy for core courses if a student receives a D or below in
certain courses.
Furthermore, much of the ASPs are rather tenuously institutionali7.ed. The
academic support director position is not tenure-track. 105 If financial woes were
to befall the school or political alliances were to shift among the faculty and
administration members, it is not certain many of the traditional ASPs would
continue.
The changes did result in an increase in the bar exam pass rates at the
school. The school had a ten percentage point increase in its pass rates between
July 1996 and July 1999.106 The changes, however, also resulted in greater
attrition. Students also responded very favorably to the increased ASPs, but
this gratification was overshadowed by displeasure over the more rigid grading
and curricular reforms made at the school.

I 05. The faculty recently voted to convert the position into a tenure-track position.
106. Luczycki, supra note 3, at 33.
2002/03] ACADEMIC SUPPORT PROGRAMS 213

VI. CONCLUSION

Academic support at Chase College of Law, while embraced on some

fronts, continues to struggle for advances in its mission even in some of its
most basic forms. Full integration of ASP goals and pedagogy into the law
school institution in many ways is a utopian pipedream, but, in my opinion, a
dream still worth pursuing and promoting when the chances arise. It was in
fact "crisis-type" situations that opened the door for the promotion of ASP
programs at Chase. Many faculty members were particularly receptive to
hearing about learning methodology and teaching techniques in the context of
improving bar passage results. This opportunity has allowed academic support
to become embraced and established in many parts of the law school's
curriculum.
My experiences at Chase have convinced me of the importance of an ASP
committed to systemic change. While I enjoy and value the day-to-day work I
do with individual students, it is the larger systemic work I perform that feels,
at times, most meaningful. It is these larger changes that have also provided the
greatest benefit to the largest number of students.