Lessons Learned: Legal Education and Law Student Dysfunction

Journal of Legal Education

Volumn 48, Issue 4, 1998, Pages 524-538

  Iijima, Ann L ^a  

^a William Mitchell College of Law   (United States)

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EID: 0032251560     PISSN: 00222208     EISSN: None     Source Type: Journal    
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References (93)

1. This dream was related to me by LauraSue Schlatter, who reports that her actual Contracts professor was "an excellent teacher and a gentle man, . . . never known to chop off more than one or two toes."
2. It is likely that dysfunction increases errors in the practice of law. See, e.g., Christopher T. Borgeson & Elizabeth M. Link, Stress Management: Minimizing the Risk of Malpractice - Is Stress Affecting Your Competency? 2(3) Legal Malprac. Rep. 11 (1991); Susan S. Locke, Lawyer Distress: A Comment, 10 J.L. & Health 87, 93 (1995-96).
3. It is likely that dysfunction increases errors in the practice of law. See, e.g., Christopher T. Borgeson & Elizabeth M. Link, Stress Management: Minimizing the Risk of Malpractice - Is Stress Affecting Your Competency? 2(3) Legal Malprac. Rep. 11 (1991); Susan S. Locke, Lawyer Distress: A Comment, 10 J.L. & Health 87, 93 (1995-96).
4. Connie J. A. Beck et al., Lawyer Distress: Alcohol-Related Problems and Other Psychological Concerns Among a Sample of Practicing Lawyers, 10 J.L. & Health 1, 2 (1995-96) (footnote omitted).
5. Id. at 23, 25. See also Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. Pa. L. Rev. 1, 44 (1994). Moreover, careers of female lawyers may be more adversely affected by alcoholism than careers of male lawyers. Locke, supra note 2, at 88; see also G. Andrew H. Benjamin et al., The Prevalence of Depression, Alcohol Abuse, and Cocaine Abuse Among United States Lawyers, 13 Int'l J.L. & Psychiatry 233 (1990); G. Andrew H. Benjamin et al., The Role of Legal Education in Producing Psychological Distress Among Law Students and Lawyers, 1986 Am. B. Found. Res. J. 225 [hereinafter Benjamin et al., Role of Legal Education]; Stephen B. Shanfield & G. Andrew H. Benjamin, Psychiatric Distress in Law Students, 35 J. Legal Educ. 65, 68-69 (1985).
6. Id. at 23, 25. See also Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. Pa. L. Rev. 1, 44 (1994). Moreover, careers of female lawyers may be more adversely affected by alcoholism than careers of male lawyers. Locke, supra note 2, at 88; see also G. Andrew H. Benjamin et al., The Prevalence of Depression, Alcohol Abuse, and Cocaine Abuse Among United States Lawyers, 13 Int'l J.L. & Psychiatry 233 (1990); G. Andrew H. Benjamin et al., The Role of Legal Education in Producing Psychological Distress Among Law Students and Lawyers, 1986 Am. B. Found. Res. J. 225 [hereinafter Benjamin et al., Role of Legal Education]; Stephen B. Shanfield & G. Andrew H. Benjamin, Psychiatric Distress in Law Students, 35 J. Legal Educ. 65, 68-69 (1985).
7. Id. at 23, 25. See also Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. Pa. L. Rev. 1, 44 (1994). Moreover, careers of female lawyers may be more adversely affected by alcoholism than careers of male lawyers. Locke, supra note 2, at 88; see also G. Andrew H. Benjamin et al., The Prevalence of Depression, Alcohol Abuse, and Cocaine Abuse Among United States Lawyers, 13 Int'l J.L. & Psychiatry 233 (1990); G. Andrew H. Benjamin et al., The Role of Legal Education in Producing Psychological Distress Among Law Students and Lawyers, 1986 Am. B. Found. Res. J. 225 [hereinafter Benjamin et al., Role of Legal Education]; Stephen B. Shanfield & G. Andrew H. Benjamin, Psychiatric Distress in Law Students, 35 J. Legal Educ. 65, 68-69 (1985).
8. Id. at 23, 25. See also Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. Pa. L. Rev. 1, 44 (1994). Moreover, careers of female lawyers may be more adversely affected by alcoholism than careers of male lawyers. Locke, supra note 2, at 88; see also G. Andrew H. Benjamin et al., The Prevalence of Depression, Alcohol Abuse, and Cocaine Abuse Among United States Lawyers, 13 Int'l J.L. & Psychiatry 233 (1990); G. Andrew H. Benjamin et al., The Role of Legal Education in Producing Psychological Distress Among Law Students and Lawyers, 1986 Am. B. Found. Res. J. 225 [hereinafter Benjamin et al., Role of Legal Education]; Stephen B. Shanfield & G. Andrew H. Benjamin, Psychiatric Distress in Law Students, 35 J. Legal Educ. 65, 68-69 (1985).
9. Id. at 23, 25. See also Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. Pa. L. Rev. 1, 44 (1994). Moreover, careers of female lawyers may be more adversely affected by alcoholism than careers of male lawyers. Locke, supra note 2, at 88; see also G. Andrew H. Benjamin et al., The Prevalence of Depression, Alcohol Abuse, and Cocaine Abuse Among United States Lawyers, 13 Int'l J.L. & Psychiatry 233 (1990); G. Andrew H. Benjamin et al., The Role of Legal Education in Producing Psychological Distress Among Law Students and Lawyers, 1986 Am. B. Found. Res. J. 225 [hereinafter Benjamin et al., Role of Legal Education]; Stephen B. Shanfield & G. Andrew H. Benjamin, Psychiatric Distress in Law Students, 35 J. Legal Educ. 65, 68-69 (1985).
10. Id. at 23, 25. See also Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. Pa. L. Rev. 1, 44 (1994). Moreover, careers of female lawyers may be more adversely affected by alcoholism than careers of male lawyers. Locke, supra note 2, at 88; see also G. Andrew H. Benjamin et al., The Prevalence of Depression, Alcohol Abuse, and Cocaine Abuse Among United States Lawyers, 13 Int'l J.L. & Psychiatry 233 (1990); G. Andrew H. Benjamin et al., The Role of Legal Education in Producing Psychological Distress Among Law Students and Lawyers, 1986 Am. B. Found. Res. J. 225 [hereinafter Benjamin et al., Role of Legal Education]; Stephen B. Shanfield & G. Andrew H. Benjamin, Psychiatric Distress in Law Students, 35 J. Legal Educ. 65, 68-69 (1985).
11. Id. at 23, 25. See also Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. Pa. L. Rev. 1, 44 (1994). Moreover, careers of female lawyers may be more adversely affected by alcoholism than careers of male lawyers. Locke, supra note 2, at 88; see also G. Andrew H. Benjamin et al., The Prevalence of Depression, Alcohol Abuse, and Cocaine Abuse Among United States Lawyers, 13 Int'l J.L. & Psychiatry 233 (1990); G. Andrew H. Benjamin et al., The Role of Legal Education in Producing Psychological Distress Among Law Students and Lawyers, 1986 Am. B. Found. Res. J. 225 [hereinafter Benjamin et al., Role of Legal Education]; Stephen B. Shanfield & G. Andrew H. Benjamin, Psychiatric Distress in Law Students, 35 J. Legal Educ. 65, 68-69 (1985).
12. Shanfield & Benjamin, supra note 4, at 68. Law students in all three years suffered similar levels of distress, except that second-year students showed higher levels of hostility than the first-year students. The women students showed higher levels of distress except in regard to paranoid ideation and on one of the measurements of depression. Id.
13. Id. at 69.
14. Benjamin et al., Role of Legal Education, supra note 4, at 241.
15. Many commentators suggest that attitudes generally thought of as dysfunctional, such as paranoia and hostility, actually may be advantageous in the legal profession. Walt Bachman, Law v. Life: What Lawyers Are Afraid to Say About the Legal Profession 83-84 (Rhinebeck, N.Y., 1995); Beck et al., supra note 3, at 48, 53; Peter G. Glenn, Some Thoughts About Developing Constructive Approaches to lawyer and Law Student Distress, 10 J.L. & Health 69, 71 (1995-96); Locke, supra note 2. I seriously question whether the practice of law truly requires marginally dysfunctional lawyers, at least as it could and should be practiced.
16. Many commentators suggest that attitudes generally thought of as dysfunctional, such as paranoia and hostility, actually may be advantageous in the legal profession. Walt Bachman, Law v. Life: What Lawyers Are Afraid to Say About the Legal Profession 83-84 (Rhinebeck, N.Y., 1995); Beck et al., supra note 3, at 48, 53; Peter G. Glenn, Some Thoughts About Developing Constructive Approaches to lawyer and Law Student Distress, 10 J.L. & Health 69, 71 (1995-96); Locke, supra note 2. I seriously question whether the practice of law truly requires marginally dysfunctional lawyers, at least as it could and should be practiced.
17. Many commentators suggest that attitudes generally thought of as dysfunctional, such as paranoia and hostility, actually may be advantageous in the legal profession. Walt Bachman, Law v. Life: What Lawyers Are Afraid to Say About the Legal Profession 83-84 (Rhinebeck, N.Y., 1995); Beck et al., supra note 3, at 48, 53; Peter G. Glenn, Some Thoughts About Developing Constructive Approaches to lawyer and Law Student Distress, 10 J.L. & Health 69, 71 (1995-96); Locke, supra note 2. I seriously question whether the practice of law truly requires marginally dysfunctional lawyers, at least as it could and should be practiced.
18. Many commentators suggest that attitudes generally thought of as dysfunctional, such as paranoia and hostility, actually may be advantageous in the legal profession. Walt Bachman, Law v. Life: What Lawyers Are Afraid to Say About the Legal Profession 83-84 (Rhinebeck, N.Y., 1995); Beck et al., supra note 3, at 48, 53; Peter G. Glenn, Some Thoughts About Developing Constructive Approaches to lawyer and Law Student Distress, 10 J.L. & Health 69, 71 (1995-96); Locke, supra note 2. I seriously question whether the practice of law truly requires marginally dysfunctional lawyers, at least as it could and should be practiced.
19. See, e.g., Beck et al., supra note 3, at 3; Bachman, supra note 8, at 139.
20. See, e.g., Beck et al., supra note 3, at 3; Bachman, supra note 8, at 139.
21. Even students who are doing well academically are not immune from emotional stress. It is even possible that, in some ways, the impact of legal education ultimately is more destructive for "successful" students. The positive reinforcement for academic performance may encourage them to focus on their academic endeavors at the expense of other dimensions of their lives. Moreover, as their self-worth hinges increasingly on grades, they may be more likely to judge others according to the same, arguably superficial standard, and less able to create healthy relationships. Additionally, these students may be pressured to pursue positions considered more "prestigious" than the public interest positions they originally may have planned to pursue.
22. See Daniel Goleman, Emotional Intelligence 86-89 (New York, 1995).
23. Students who question their ability to succeed in law school are more likely to experience academic problems. See, e.g., Guinier et al., supra note 4, at 61. "Along with a formal link between classroom participation and examination success, we suspect that there exists a psychological link between self-confidence, alienation, and academic performance." Id. at 62; see also Goleman, supra note 11, at 83-84.
24. Students who question their ability to succeed in law school are more likely to experience academic problems. See, e.g., Guinier et al., supra note 4, at 61. "Along with a formal link between classroom participation and examination success, we suspect that there exists a psychological link between self-confidence, alienation, and academic performance." Id. at 62; see also Goleman, supra note 11, at 83-84.
25. Studies indicate that social support helps lower anxiety and depression. Beck et al., supra note 3, at 6-7. Moreover, "[b]eing married or living with a significant other has [been] shown to have a significantly positive effect, often buffering or reducing the effects of stress when compared to persons living alone." Id. at 7 (footnote omitted).
26. Bachman, supra note 8, at 54. Nor is this tendency of law students towards gratuitous disputation merely a trivial irritant. What to the student is essentially an analytical mind exercise is often received by the listener as a personally aggressive verbal assault, or at least a coldly distancing diversion. Many a law student's friendship or even marriage has foundered over this issue .... Id. at 55-56.
27. Shanfield & Benjamin, supra note 4, at 69-70. While a significant amount of the academic training in medical school involves small groups of five to twelve students, most law schools probably have a ratio of 20 to 30 students for each full-time faculty member. See American Bar Association Section of Legal Education and Admissions to the Bar, Standards for Approval of Law Schools and Interpretations (Chicago, 1997).
28. Shanfield & Benjamin, supra note 4, at 70-71 (contrasting law school with "many medical schools [which] have attempted to minimize competition by doing away with grades and instituting a pass-fail system").
29. Steven I. Friedland, How We Teach: A Survey of Teaching Techniques in American Law Schools, 20 Seattle U. L. Rev. 1, 28 (1996).
30. Id. at 27. In contrast to law students, who learn about the practice of law after graduation, medical schools put students in clinical situations early in their schooling. Medical schools also may be more concerned about pedagogical issues. Medical schools also have individuals at the dean's level who have the task of responding to student and curricular problems. This can account for a responsive faculty and potentially fewer problems in students. Many medical schools also have full-time educational psychologists to assist faculty in enhancing their teaching effectiveness and to utilize instructional objectives in their teaching. This can lead to teaching that is tailored to the type of material presented and is part of a supportive network. Shanfield & Benjamin, supra note 4, at 70 (footnote omitted). On the other hand, law schools view students as basically fungible, and treat them as if, "once the thinking process was revealed to students, all should have the necessary tools to utilize and incorporate that approach," a relatively ineffective pedagogical approach. Friedland, supra note 17, at 21.
31. Id. at 27. In contrast to law students, who learn about the practice of law after graduation, medical schools put students in clinical situations early in their schooling. Medical schools also may be more concerned about pedagogical issues. Medical schools also have individuals at the dean's level who have the task of responding to student and curricular problems. This can account for a responsive faculty and potentially fewer problems in students. Many medical schools also have full-time educational psychologists to assist faculty in enhancing their teaching effectiveness and to utilize instructional objectives in their teaching. This can lead to teaching that is tailored to the type of material presented and is part of a supportive network. Shanfield & Benjamin, supra note 4, at 70 (footnote omitted). On the other hand, law schools view students as basically fungible, and treat them as if, "once the thinking process was revealed to students, all should have the necessary tools to utilize and incorporate that approach," a relatively ineffective pedagogical approach. Friedland, supra note 17, at 21.
32. Id. at 27. In contrast to law students, who learn about the practice of law after graduation, medical schools put students in clinical situations early in their schooling. Medical schools also may be more concerned about pedagogical issues. Medical schools also have individuals at the dean's level who have the task of responding to student and curricular problems. This can account for a responsive faculty and potentially fewer problems in students. Many medical schools also have full-time educational psychologists to assist faculty in enhancing their teaching effectiveness and to utilize instructional objectives in their teaching. This can lead to teaching that is tailored to the type of material presented and is part of a supportive network. Shanfield & Benjamin, supra note 4, at 70 (footnote omitted). On the other hand, law schools view students as basically fungible, and treat them as if, "once the thinking process was revealed to students, all should have the necessary tools to utilize and incorporate that approach," a relatively ineffective pedagogical approach. Friedland, supra note 17, at 21.
33. Guinier et al., supra note 4, at 49-50.
34. Bachman, supra note 8, at 56.
35. Legal Education and Some of Its Discontents, 34 J. Legal Educ. 43, 60 (1984) (quoting Howard Lesnick, Preface to Symposium on Legal Education, 53 N.Y.U. I. Rev. 293, 295 (1978); Richard Wasserstrom, Lawyers as Professionals: Some Moral Issues, 5 Human Rights 1, 2-22 (1975); Irving Younger, Professional Responsibility, 43 Brooklyn L. Rev. 863, 863 (1977)).
36. Legal Education and Some of Its Discontents, 34 J. Legal Educ. 43, 60 (1984) (quoting Howard Lesnick, Preface to Symposium on Legal Education, 53 N.Y.U. I. Rev. 293, 295 (1978); Richard Wasserstrom, Lawyers as Professionals: Some Moral Issues, 5 Human Rights 1, 2-22 (1975); Irving Younger, Professional Responsibility, 43 Brooklyn L. Rev. 863, 863 (1977)).
37. Legal Education and Some of Its Discontents, 34 J. Legal Educ. 43, 60 (1984) (quoting Howard Lesnick, Preface to Symposium on Legal Education, 53 N.Y.U. I. Rev. 293, 295 (1978); Richard Wasserstrom, Lawyers as Professionals: Some Moral Issues, 5 Human Rights 1, 2-22 (1975); Irving Younger, Professional Responsibility, 43 Brooklyn L. Rev. 863, 863 (1977)).
38. Legal Education and Some of Its Discontents, 34 J. Legal Educ. 43, 60 (1984) (quoting Howard Lesnick, Preface to Symposium on Legal Education, 53 N.Y.U. I. Rev. 293, 295 (1978); Richard Wasserstrom, Lawyers as Professionals: Some Moral Issues, 5 Human Rights 1, 2-22 (1975); Irving Younger, Professional Responsibility, 43 Brooklyn L. Rev. 863, 863 (1977)).
39. See, e.g., A. L. S. Foong, Physical Exercise/Sports and Biopsychosocial Well-Being, 112 J. Royal Soc'y Health 227, 228 (1992); Lise Gauvin et al., A Naturalistic Study of the Impact of Acute Physical Activity on Feeling States and Affect in Women, 15 Health Psychol. 391, 394 (1996); Russell R. Pate et al., Special Communication: Physical Activity and Public Health: A Recommendation from the Centers for Disease Control and Prevention and the American College of Sports Medicine, 273 JAMA 402, 403 (1995); Siegfried Weyerer & Brigitte Kupfer, Physical Exercise and Psychological Health, 17 Sports Med. 108, 111-12 (1994). A recent study indicated that the psychological/physical connection is a two-way street The immune systems of relatively optimistic students were healthier than those of relatively pessimistic students after the first two months of law school. Suzanne C. Segerstrom et al., Optimism Is Associated with Mood, Coping and Immune Change in Response to Stress, 74 J. Personality & Soc. Psychol. 1646 (1998).
40. See, e.g., A. L. S. Foong, Physical Exercise/Sports and Biopsychosocial Well-Being, 112 J. Royal Soc'y Health 227, 228 (1992); Lise Gauvin et al., A Naturalistic Study of the Impact of Acute Physical Activity on Feeling States and Affect in Women, 15 Health Psychol. 391, 394 (1996); Russell R. Pate et al., Special Communication: Physical Activity and Public Health: A Recommendation from the Centers for Disease Control and Prevention and the American College of Sports Medicine, 273 JAMA 402, 403 (1995); Siegfried Weyerer & Brigitte Kupfer, Physical Exercise and Psychological Health, 17 Sports Med. 108, 111-12 (1994). A recent study indicated that the psychological/physical connection is a two-way street The immune systems of relatively optimistic students were healthier than those of relatively pessimistic students after the first two months of law school. Suzanne C. Segerstrom et al., Optimism Is Associated with Mood, Coping and Immune Change in Response to Stress, 74 J. Personality & Soc. Psychol. 1646 (1998).
41. See, e.g., A. L. S. Foong, Physical Exercise/Sports and Biopsychosocial Well-Being, 112 J. Royal Soc'y Health 227, 228 (1992); Lise Gauvin et al., A Naturalistic Study of the Impact of Acute Physical Activity on Feeling States and Affect in Women, 15 Health Psychol. 391, 394 (1996); Russell R. Pate et al., Special Communication: Physical Activity and Public Health: A Recommendation from the Centers for Disease Control and Prevention and the American College of Sports Medicine, 273 JAMA 402, 403 (1995); Siegfried Weyerer & Brigitte Kupfer, Physical Exercise and Psychological Health, 17 Sports Med. 108, 111-12 (1994). A recent study indicated that the psychological/physical connection is a two-way street The immune systems of relatively optimistic students were healthier than those of relatively pessimistic students after the first two months of law school. Suzanne C. Segerstrom et al., Optimism Is Associated with Mood, Coping and Immune Change in Response to Stress, 74 J. Personality & Soc. Psychol. 1646 (1998).
42. See, e.g., A. L. S. Foong, Physical Exercise/Sports and Biopsychosocial Well-Being, 112 J. Royal Soc'y Health 227, 228 (1992); Lise Gauvin et al., A Naturalistic Study of the Impact of Acute Physical Activity on Feeling States and Affect in Women, 15 Health Psychol. 391, 394 (1996); Russell R. Pate et al., Special Communication: Physical Activity and Public Health: A Recommendation from the Centers for Disease Control and Prevention and the American College of Sports Medicine, 273 JAMA 402, 403 (1995); Siegfried Weyerer & Brigitte Kupfer, Physical Exercise and Psychological Health, 17 Sports Med. 108, 111-12 (1994). A recent study indicated that the psychological/physical connection is a two-way street The immune systems of relatively optimistic students were healthier than those of relatively pessimistic students after the first two months of law school. Suzanne C. Segerstrom et al., Optimism Is Associated with Mood, Coping and Immune Change in Response to Stress, 74 J. Personality & Soc. Psychol. 1646 (1998).
43. See, e.g., A. L. S. Foong, Physical Exercise/Sports and Biopsychosocial Well-Being, 112 J. Royal Soc'y Health 227, 228 (1992); Lise Gauvin et al., A Naturalistic Study of the Impact of Acute Physical Activity on Feeling States and Affect in Women, 15 Health Psychol. 391, 394 (1996); Russell R. Pate et al., Special Communication: Physical Activity and Public Health: A Recommendation from the Centers for Disease Control and Prevention and the American College of Sports Medicine, 273 JAMA 402, 403 (1995); Siegfried Weyerer & Brigitte Kupfer, Physical Exercise and Psychological Health, 17 Sports Med. 108, 111-12 (1994). A recent study indicated that the psychological/physical connection is a two-way street The immune systems of relatively optimistic students were healthier than those of relatively pessimistic students after the first two months of law school. Suzanne C. Segerstrom et al., Optimism Is Associated with Mood, Coping and Immune Change in Response to Stress, 74 J. Personality & Soc. Psychol. 1646 (1998).
44. Robert R. Yeung, The Acute Effects of Exercise on Mood State, 40 J. Psychosomatic Res. 123 (1996).
45. Thomas G. Plante, Getting Physical: Does Exercise Help in the Treatment of Psychiatric Disorders? 34 J. Psychosoc. Nursing & Mental Health Servs. 38 (1996).
46. Id. at 40.
47. See Pate et al., supra note 22, at 403.
48. See Gregory W. Mondin et al., Psychological Consequences of Exercise Deprivation in Habitual Exercisers, 28 Med. & Sci. in Sports & Exercise 1199 (1996).
49. Linda F. Wightman, Women in Legal Education: A (Comparison of the Law School Performance and Law School Experiences of Women and Men (Newtown, 1996); see also Guinier et al., supra note 4, at 21-41.
50. Linda F. Wightman, Women in Legal Education: A (Comparison of the Law School Performance and Law School Experiences of Women and Men (Newtown, 1996); see also Guinier et al., supra note 4, at 21-41.
51. Wightman, supra note 28, at 11.
52. Id. at 17.
53. Id. at 23.
54. Guinier et al., supra note 4; Suzanne Homer & Lois Schwartz, Admitted But Not Accepted: Outsiders Take an Inside Look at Law School, 5 Berkeley Women's L.J. 1, 37-38 (1989-90).
55. Guinier et al., supra note 4; Suzanne Homer & Lois Schwartz, Admitted But Not Accepted: Outsiders Take an Inside Look at Law School, 5 Berkeley Women's L.J. 1, 37-38 (1989-90).
56. Guinier et al., supra note 4, at 42. The authors candidly acknowledge that some of their qualitative data may have been skewed. "Although the composition of these focus groups was representative by gender, year in law school, involvement in law school activities and journals, and class rank, the students we interviewed were arguably among the more alienated members of the school population." Id.
57. Shanfield & Benjamin, supra note 4, at 68.
58. Id. at 72 (footnotes omitted). The Law School Admission Council study conducted by Wightman purports to refute these conclusions. Wightman reported that there were no statistically significant differences between the women's and men's evaluation of the environment in law school. See Wightman, supra note 28, at 36. The study's findings, however, do not strongly support this conclusion; as Wightman admits, the ratings by the women and men were relative to their initial expectations, not absolute indications of whether or not they found the environment supportive. So Wightman's results cannot be said to refute the anecdotal and empirical evidence of the earlier studies.
59. Id. at 72 (footnotes omitted). The Law School Admission Council study conducted by Wightman purports to refute these conclusions. Wightman reported that there were no statistically significant differences between the women's and men's evaluation of the environment in law school. See Wightman, supra note 28, at 36. The study's findings, however, do not strongly support this conclusion; as Wightman admits, the ratings by the women and men were relative to their initial expectations, not absolute indications of whether or not they found the environment supportive. So Wightman's results cannot be said to refute the anecdotal and empirical evidence of the earlier studies.
60. Shanfield & Benjamin, supra note 4, at 72.
61. A recent study suggests that there is a genetic component to the phenomenon that "women are usually better than men at those aspects of cognition that enable smooth social interactions." Peter McGuffin & Jane Scourfield, A Father's Imprint on His Daughter's Thinking, 387 Nature 652, 652 (1997). Women receive two X chromosomes, one from the mother and one from the father, whereas men receive an \chromosome only from the mother. This study identified a gene apparently associated with "smooth social interactions." Although this gene exists on X chromosomes of both men and women, the gene on the X chromosome inherited from the mother is "switched off" when passed on to her offspring, while the gene from the father's X chromosome is "switched on." The son, having received only an "off" X chromosome from his mother, may be at a relative disadvantage in social interactions.
62. Guinier et al., supra note 4, at 80 (footnotes omitted).
63. Id. at 72 (footnote omitted).
64. Id. at 73 (footnote omitted).
65. Id. at 74-75 (footnotes omitted). "Some women may simply need more encouragement to do well or to approach faculty in a male-dominated school where 'merit' is arguably still measured by attributes associated with maleness." Id. at 79 (footnote omitted).
66. Id. at 63-64 (footnote omitted).
67. Id. at 61; sec also Elizabeth Mertz et al., What Difference Does Difference Make? The Challenge for Legal Education, 48 J. Legal Educ. 1 (1998).
68. Id. at 61; sec also Elizabeth Mertz et al., What Difference Does Difference Make? The Challenge for Legal Education, 48 J. Legal Educ. 1 (1998).
69. Effective teaching should be a core concern. When students feel safe with their teachers and peers, they are more likely to enter into "deep learning states," "positive classroom learning [experiences] where the learner believes she or he has moved beyond normal learning states into a significant, meaningful and lasting shift in cognitions, values, altitudes, and emotions accompanied by feelings of well-being." (inversely, when students feel threatened, their brains switch into a fight-or-flight mode which may interfere with higher-level learning. Al McLeod, Discovering and Facilitating Deep learning States, 5(6) Nat'l Teaching & Learning F. 1, 2-5 (1996). Some law teachers argue that students have sole academic responsibility, and that students who have difficulty "getting it" probably should not be in law school. I am reminded of a question posed by Laurie Zimet at a program spotisored by the Academic Support Program Section of the AALS. Her paraphrasing of the tree-falling-in-the-woods conundrum - "If our students aren't learning, are we teaching?"- more appropriately recognizes the shared responsibility inherent in legal education.
70. When I have discussed this article with current law students and with lawyers, a common response by both men and women is to describe how uncomfortable and demoralized they are or were by law school, and how they assume(d) that they were the only ones in their classes who were confused by both the material and the process. Few were able to discuss their confusion with their peers, much less with their teachers.
71. I expect that all of us have been asked to write letters of reference for students of whom we know little beyond their grade in a course or two.
72. Phyllis W. Beck & David Burns, Anxiety and Depression in Law Students: Cognitive Intervention, 30 J. Legal Educ. 270, 271 (1979). The law school with which I am associated has a counseling center where students are able to speak with counseling professionals. This resource is valuable because many of the faculty are not willing to discuss personal problems with students, many students are not willing to speak with their teachers about personal problems, and many of the students have problems that are more serious than mild cognitive distortion.
73. Cognitive distortion occurs when an individual interprets stimuli that are neutral or mildly negative in an unrealistically bleak fashion. This erroneous or inaccurate interpretation causes the individual to feel sad, hopeless and anxious. The cumulative effect of such distortion is that the individual views himself as a failure and in the case of the law student as inadequate to master professional training. The student's "internal communication system" (within his own psyche) further reinforces and escalates his negative view of himself. The internal communication system becomes self-generating and the student is unable to stem the tide of negative automatic thoughts and their concomitant counter-productive emotions. As part of his internal recurring, cognitive pattern, he globalizes and catastrophizes. Id. at 273-74.
74. Id. at 284-85. Beck and Burns argue that, although a significant number of law students experience anxiety and depression, most do not. They conclude that the real problem is not the stressful environment of the law school, but rather the dysfunctional response of some of the students. Id. at 286. It is likely, however, that law student dysfunction is not an either/or phenomenon, but rather a complex problem for which a multiplicity of approaches would be appropriate.
75. Courses commonly available to upper-level students are more conducive to collaborative relationships, such as clinics, internships, and seminars.
76. I am personally familiar with both the honors/pass/fail system and the mandatory grading curve. Although the latter system ensures that the students take the course seriously and that grading is consistent across sections, the disadvantages arguably outweigh the advantages. The students tend to work collaboratively during the first, ungraded exercises, but as soon as the mandatory grading curve is employed, collaboration breaks down, and intense competition commences. Reportedly, individuals or small cliques fail to share and occasionally hoard materials. And significant numbers of students apparently lose motivation when faced with the intensely competitive situation. Because this may be their only small-group experience in their first year, the students have no formal opportunity to form a light-knit supportive group when they most need one.
77. Shanfield & Benjamin, supra note 4, at 73 (footnotes omitted).
78. Auerbach, supra note 21, at 61-62.
79. American Bar Association Section on Legal Education and Admissions to the Bar, Task Force on Law Schools and the Profession: Narrowing the Gap, Legal Education and Professional Development - An Educational Continuum (Chicago, 1992).
80. Auerbach, supra note 21, at 61-62.
81. Id. at 61.
82. For example, William Mitchell College of Law offers a seminar called Work of the lawyer. One assignment requires the students to write a credo discussing their personal values systems, the source of those values, and how those values will influence their legal careers.
83. Those interested could meet for an introduction to the walking program: a brief (20-minute) lecture on the benefits of exercise followed by a demonstration of stretching exercises. The school could provide each participant with a personal log to record the type of exercise, duration, intensity, and frequency. An information sheet could summarize goals and benefits. The school could encourage students to form walking groups, provide maps of local walks of varying distances, and offer incentives and awards. The school might encourage the formation of a school team to participate in fundraising walks.
84. Pate et al., supra note 22, at 404.
85. Id. at 402. A number of physical activities qualify as "moderate": walking briskly (3-4 mph), cycling up to 10 mph, moderate swimming, conditioning exercise, racket sports, table tennis, golf (pulling cart or carrying clubs), fishing (standing/casting), leisurely canoeing (2-3.9 mph), general housecleaning, mowing lawn (power mower), home repair, painting. Id. at 404 Table 2. But few of these activities are likely to be both enjoyable and readily accessible to law students. Cycling would be available to many students and, moreover, would provide them with transportation. On the other hand, cycling is weather-dependent: snow, rain, and cold render cycling less than pleasurable. And many students may be deterred by darkness and by inadequate security for their bicycles. Although table tennis could be made available at law schools, participation would require a partner, and the number of participants would be limited by space and equipment.
86. Bess H. Marcus et al., Theories and Techniques for Promoting Physical Activity Behaviours, 22 Sports Med. 321, 322 (1996).
87. In fact, the explicit creation of a balance sheet may be helpful in initiating and maintaining an exercise program. The use of a decisional balance sheet procedure, in which the individual writes down anticipated consequences of exercise participation in terms of gains and losses to his or herself and others and approval or disapproval from others and from his or herself, may promote an awareness of the benefits and costs of exercise participation which are salient to the individual. This procedure can be used to discuss the content of these responses and devise way's to avoid or cope with the negative consequences of the behaviour change. Individuals with a positive decisional balance, who see more benefits to physical activity, or who value the benefits of physical activity above the costs, are more likely to participate in physical activity. Id. at 326. Similarly, identifying situations likely to interfere with one's exercise program and developing plans to cope with these situations can help one maintain a program and prevent a short lapse in exercise from turning into a long lapse or even a complete relapse into sedentary habits. Id. at 327.
88. Pate et al., supra note 22, at 403.
89. Marcus et al., supra note 61, at 329.
90. "[ I]t now appears that the majority of [the health benefits obtained through higher-intensity exercise] can be gained by performing moderate-intensity physical activities outside of formal exercise programs." Pate et al., supra note 22, at 405. Moreover, the "amount of activity is more important than the specific manner in which the activity is performed (ie, mode, intensity, or duration of the activity bouts)" and "intermittent, short bouts [are] considered an appropriate approach to achieving the activity goal." Id.
91. Richard Wagner and I are codirectors of CLSP; he is a social worker and director of the counseling center. We tried a different version of this program during the 1997-98 academic year with 14 first-year students. We are offering the 1998-99 program to another very small group. When the program feels right to us, we will offer it to the entire first-year class. At that point, we hope to have a sufficient number of participants for empirical research on the program's effectiveness. We will try to determine whether participation in the program has any impact on emotional functioning and academic performance.
92. Auerbach, supra note 21, at 43.
93. 32 J. Legal Educ. 278, 278(1982).