ERIC EJ871360: Law School: A Multicultural Curriculum Design for Living in the 21st Century

2009·0.22 MB·English

by  ERIC

L a w
S c h o o L
A Multicultural Curriculum Design
for Living in the 21st Century
Christie A. Linskens Christie
Introduction in law school than merely the facilitation work of James A. Banks, who has been
of a diverse student body, as an integrated cited frequently in the articles that address
In the landmark case of Grutter v.
student body does not necessarily result in multicultural education in law schools.
Bollinger, the United States Supreme
the “robust exchange of ideas” as predicted Banks’ (2003) book, Teaching Strategies for
Court held that it was not unlawful for the
by Justice Powell. Ethnic Studies, discusses the factors that
University of Michigan Law School to use
Buckner (2004), a law professor, found should be integrated into a multicultural
race in its admissions policy on the grounds
that class participation in law school af- curriculum—ethnicity, racial, cultural and
that student body diversity is a “compelling
fects academic performance independent language diversity (p. 8).
state interest” that can justify using race
of gender, ethnicity, and race, and that The book is essentially a handbook
in university admissions (Grutter, 2003,
“participation of minority students in law on implementing a multicultural curricu-
p. 321). Jeffrey S. Lehman, the dean of
school classes is disproportionately low, lum, with an emphasis on ethnic identity.
the law school at the time, commented in
and many minority students choose silence” While this article addresses multicultural
2004 that, “the majority opinion in Grut-
(pp. 886-887). Thus, while efforts have been education with a focus on curriculum, it
ter re-situates our understanding of why a
made to seek diversity in the demograph- must be stated that curriculum change is
preference for integration is appropriate in
ics of the law school class itself, little has only a part of the change needed to effect
the context of higher education” (p. 17).
been done to change the traditional law multicultural education: “Multicultural
Grutter was not the first case to ad-
school curriculum, which is locked into the education involves changes in the total
dress the use of race in the professional
paradigm of “categorization” teaching and school or educational environment; it is
school admissions process. In the earlier
substantive “compartments” of Western not limited to curricular changes” (Banks
Bakke case (1978) related to medical school
canon law (Gross, 2004, pp. 441-445). Add & Banks, 2004, p. 4).
admissions in, Justice Powell reasoned
to that mix the large size of most first year Banks (2003) defines “ethnic groups,”
that a university has a right to select those
law school classrooms, the ability to enter- using Max Weber’s definition: “a group
students that will contribute the most to
tain an effective multicultural curriculum whose members ‘entertain a subjective
“the robust exchange of ideas” ( p. 786).
appears all but futile. belief in their common descent because of
Neither Bakke nor Grutter specifi-
Most of the literature on multicultural similarities of physical type or of customs
cally referenced the goal of multicultural
education deals with students in grade and or both, or because of colonization or mi-
education; however, both cases are a
high school, or at the college or university gration….It does not matter whether or
necessary stepping-stone towards the
level. The literature is sparse as to how one not an objective biological relationship
implementation of multicultural education
could implement multicultural education exists’” (p. 15).
at the professional-school level. There is,
at the professional level, and most of the Lehman (2004) contends that integra-
however, more to multicultural education
articles that address “multicultural educa- tion at the professional school level has
tion” and “law school” merely analyze the implications for the grade and high school
Christie A. Linskens Christie is a staff attorney Bakke and Grutter cases. Certainly the levels as well:
with the Legal Aid Society of Milwaukee concepts espoused in any of the literature on
Universities, especially public universi-
and an adjunct professor of Law multicultural education, however, could be ties, may consider their missions as entail-
at Marquette University. adapted to the professional school level. ing more than simply the nourishment of
She holds a juris doctor degree This article will formulate a multicul- student brains and character. They may
from Marquette University tural curriculum for law schools, focusing understand themselves as important
and is a doctoral student in urban education on the issues of first year curriculum and institutional actors in the sustenance of
at the University of Wisconsin-Milwaukee. class size. It will also draw heavily on the an American society that is open to all, in
FALL 2009
15
which any young child may find reason to 29 states and 92 undergraduate schools The above-mentioned educational
hope that he or she might have access to (MULS, 2008, website). For purposes of goals also apply to law school. In advocat-
the opportunities that this nation offers, a multicultural curriculum, Wisconsin’s ing for a culturally and personally relevant
regardless of his or her parents’ race,
numbers would be more conducive in fos- legal writing curriculum (p. 69), legal writ-
religion or wealth. (p. 7)
tering a “robust exchange of ideas.” As to ing instructors Stephenson and Fowler
While it is not the purpose of this arti- Michigan, admission statistics for the class (2006) cite John Dewey for his “organic”
cle to evaluate any one law school program of 2008 included 25% students of color, 45% explanation of the connection between
in particular, it will refer to current statis- women, and 605 from outside of Michigan education and personal experience (p. 67).
tics and curriculum at the two Wisconsin (Michgan, 2008, website). They then go on to explain the importance
law schools—the University of Wisconsin of personal relevance: “Teaching is more
Law School (Wisconsin) and Marquette Curriculum Goals effective and students are more motivated
University Law School (MULS)—as well if the learning is anchored in the student’s
Banks (2003) offers numerous goals
as the University of Michigan Law School cultures, experiences, and perspectives,
for multicultural education, stating that
(Michigan) for the purpose of discussion in and if the curriculum is grounded in the
the major goals are: “Helping students to
various sections of this article. social reality of the local situation” in order
deepen their cultural understandings and
to provide equal learning opportunities for
to interact effectively with people from
The Student Body a diverse student body (p. 71).
diverse cultures and groups,” and “to help
The goals of a culturally and person-
The curriculum proposed in this ar- students acquire the knowledge and skills
ally relevant curriculum are set forth by
ticle will focus on law school “students,” needed to become effective citizens in plu-
Stephenson and Fowler as follows: (1) To
defined as those individuals who hold an ralistic societies that are striving for ways
improve the students’ academic success;
undergraduate degree, have taken the to balance unity and diversity” (p. xxi).
(2) To enhancing the relationship between
LSAT (Law School Admissions Test), Other goals are suggested throughout
the educator and student; (3) To empower
and have been admitted to an accredited his writings: “A major goal of multicultural
the learner; (4) To provide equal learning
law school program in which they will education is to transform the challenges of
opportunities; and (5) To help prepare
graduate with a juris doctor degree. This ethnic, cultural and racial diversity into
students for practice in a multiethnic and
article will follow the Court’s lead in Grut- educational and societal opportunities”
pluralistic society (p. 73). Stephenson
ter as to the “nature” of the students; in (Banks, 2003, p. 4). Banks also states
and Fowler have drafted a Sample Stu-
other words, this article will stand for the that, “a goal of the multicultural educa-
dent Questionnaire that they suggest be
proposition that in order for a law school tion curriculum is to foster unity within
distributed to all of the students in the
to effectively implement a multicultural diversity by helping students to develop a
legal writing classes in an effort to obtain
curriculum, it must first enroll a diverse thoughtful commitment to the overarch-
(anonymously) personal and culturally
student body. ing American identity that we all share
relevant information to be used in devising
The law school in Grutter justified its while, at the same time, respecting as well
assignments.
use of race in the admissions process in as incorporating aspects of their cultural
Calleros (1995), a law professor, sug-
order to obtain the educational benefits and community identities into the school
gests a multicultural curriculum when
that flow from a diverse student body” (p. culture and the curriculum” (p. 9). He adds
he purports three advantages of raising
380). Furthermore, the school contended that, “The key goal of the multicultural
issues “in culturally diverse contexts” of
that a “critical mass” of underrepresented curriculum should be to help students
the law school classroom that “cut to the
minorities was necessary to further that develop decision-making and citizen-action
heart of gender, race, or other fundamen-
interest: skills” (p. 32).
tal perceived differences.” These issues
Banks’ goals of multicultural educa-
Critical mass means a sufficient number can be excellent vehicles for developing
tion are consistent throughout his work.
of underrepresented minority students critical thinking skills, a diverse group of
He (2001) has stated that “Students
to achieve several objectives: To ensure students who address these type of issues
that these minority students do not feel must…develop knowledge, attitudes, can educate one another about cultural
isolated or like spokespersons for their and skills needed to interact positively differences, and discussion of these issues
race; to provide adequate opportunities with people from diverse groups and to
from a variety of perspectives can reduce
for the type of interaction upon which the participate in the civic life of the nation”
the feel of alienation by students who feel
educational benefits of diversity depend; (p. 202). Banks and Banks (2004) view
like “outsiders” to a profession that “re-
and to challenge all students to think
multicultural education as at least three
critically and reexamine stereotypes. tains many vestiges of White, heterosexual
things: “an idea or concept, an educational
(pp. 380-381) male traditions” (p. 141).
reform movement, and a process” (p. 3).
A multicultural curriculum can also
Wisconsin describes the law school Banks and Banks’ preferred definition is
look at the bigger picture—the practice
student demographics for its entering class that multicultural education mean “a total
of law in a diverse society: “The legal
of 2007 as follows: In that year, Wisconsin school reform effort designed to increase
profession faces the challenges of meeting
enrolled 264 students, which included 30% educational equity for a range of cultural,
the needs of a changing American demo-
students of color, 47% women, and 37% ethnic, and economic groups” (p. 7).
graphic and adapting to serving clients
from outside of Wisconsin. The students Banks, et. al. (2001) assigns the re-
with different cultural norms” (Mah, 2005,
represented 112 undergraduate schools sponsibility of establishing a multicultural
p. 1721). A multicultural curriculum in the
(Wisconsin, 2008, website). The numbers curriculum to “education policy makers
law school would address these different
at MULS varied only as to students of and practitioners” (p. 196). Thus, it is up
norms to prepare future lawyers to work
color. In 2007, MULS enrolled 224 stu- to these individuals to focus on the goals to
with diverse clients.
dents, which included 15% students of be achieved, as well as the structure of the
color, 46% women, and 35% from outside curriculum. Perhaps the most significant
of Wisconsin. These students represented goal would be that of reform.
MULTICULTURAL EDUCATION
16
Targeted Content Goals sor, notes past hesitation in deviating from of issues surrounding it, a posture that
the norm in educating the adult learner: puts us in some ways behind but in other
Banks (2003) describes four approach- ways ahead of our colleagues in other dis-
es to the integration of ethnic content into a (W)e have tended to think about legal ciplines. On the one hand, law schools are
school curriculum, which move from lower education within the existing paradigm. behind the times in confronting the issues
to higher levels of ethnic content integra- Stated differently we have been largely posed by the debate over the canon. Our
tion: The “Contributions Approach,” with satisfied with tweaking at the margins. basic core curriculum stands astoundingly
To date, with very limited exceptions, we unchanged and unexamined compared to
the focus on discrete cultural elements;
have been unwilling to break the mold, that of the rest of the academy. On the
The “Additive Approach,” where content particularly with respect to the first other hand, because of certain salient fea-
is added to the curriculum without a year of legal education—the training of tures of American legal history we should
change in structure; The “Transformation ‘One L’s.’ It is not hard to appreciate the find ourselves paradoxically advanced in
Approach,” where the structure of the reticence. There are many concerns—cost, our ability to reach provisional agreement
curriculum is changed to allow students feasibility, admissions, job placement, and on a crucial matter still deeply divisive
to view concepts from the perspective of overall marketplace acceptance, together for our nonlegal colleagues: the centrality
diverse ethnic groups; and the “Social Ac- with the perfectly normal skepticism of racial texts, racial issues, and racial
about doing things differently, particu- disputes to an educated understanding
tion Approach,” where students take action
larly since those doing the teaching were, of our discipline and its heritage. (pp.
on social issues (pp. 17-21). obviously, trained in the very methods 1514-1515)
Banks further discusses how set- that would be altered. (pp. 436-437)
ting up lesson plans could be done by the Ansley has come up with ways to infuse
instructor or by a curriculum committee Gross observes that most law schools issues of race into her law school courses: In
through the process of identifying key teach in “compartments,” and define sub- a first-year property class, students exam-
concepts and generalizations (p. 91). He stantive courses by subject. She notes that ined slavery and society’s tolerance of the
advocates for an interdisciplinary ap- the “usual” first year curriculum consists treatment of human beings as property. She
proach in viewing concepts and issues of Contracts, Torts, Civil Procedure, Crimi- notes that those opposed to multicultural
related to ethnic groups: “Concepts such as nal Law, Property, and sometimes Con- education in the law school argue that “em-
discrimination and ethnic diversity are not stitutional Law (p. 441-442). Wisconsin, phasizing difference leads to despair and
merely sociological; they also have multiple MULS, and Michigan are not exceptions cynicism about ‘different’ individuals ever
dimensions” (pp. 32-33). to the rule. communicating with each other.” Ansley
Banks also sets forth a three-step Gross contends that there are three states that while these concerns are power-
approach to establishing a multicultural problems with the “categorization” method ful and real, “to speak as though advocates
curriculum: identifying key concepts and used in the first year curriculum: In the real of multiculturalism are indifferent to the
generalizations, formulating intermedi- world, problems do not fit within the pre- difficulties of simultaneously affirming
ate-level generalizations, and identifying scribed course contours; teaching in catego- difference and finding commonalities is
lower-level generalizations relating to eth- ries reifies those categories for the students; just plain wrong” (p. 1595). She suggests
nic groups selected for study (pp. 91-97). and categorization curtails the opportunity that while the “dangers of recognizing
Key concepts include culture, ethnicity, to co-teach (pp. 442-445). Gross cites Banks and exploring difference, though real and
socialization, intercultural communica- in support of the second concern, and it is thorny enough, are not in themselves any
tion, power, and the movement of ethnic this concern that would be “remedied” by a justification for continuing to suppress the
groups. Intermediate-level generalizations multicultural curriculum. differences and to silence voices from the
apply to a nation, to regions within a na- Further, Gross observes that, “Stu- margin” (p. 1596).
tion, or to groups comprising a particular dents come to see, learn, and then practice Finkelman (2000), a law professor,
culture; this is a universal type of state- law based on how it is taught to them. also integrates the issue of slavery into his
ment capable of being scientifically tested. Law learning is not unique in this regard.” Constitutional Law classes:
Gross gives an example that if a math stu-
Lower-level generalizations are those that
dent is taught that there is only one way to My goal is to suggest ways of integrating
relate to a specific ethnic group. Lesson
cases involving slavery into the main-
get an answer, the student is denied the op-
plans can then be devised after this analy- stream of Constitutional Law. In doing so,
portunity to learn other ways to approach
sis is made. we can see—and teach our students—that
the answer. In the law school setting, if a
Principles suggested by Banks could slavery was not an aberration in American
be applied to the law school setting, and student is taught legal history using only constitutional development; that slavery
could be implemented by a law school the Western Canon law, that student is should not be seen as a separate topic that
denied the opportunity to explore other is outside of traditional constitutional
professor, or by a curriculum commit-
cultures and approaches (p. 444). categories. Rather, I would argue, slavery
tee of professors that would likely also
Ansley (2004), a law professor, agrees was a driving engine of American consti-
include the dean of the law school. As
tutional law—just as it was a key factor in
with Gross that the core curriculum in le-
stated above, this article will focus on the writing of the Constitution itself—and
gal education remains isolated from trends
implementing the multicultural curricu- that much of our modern constitutional
and immune from change, “its feet firmly
lum for first year law students. The reason law directly evolved out of these slavery
the first year law school curriculum was planted in the first-year curriculum” (pp. cases. (p. 274)
1515-1516), and further observes that the
chosen is that it is the year of study which
The example of slavery can be used to
rest of the academy is mired in a heated
appears to be the most entrenched in the
illustrate Banks’ “three-step approach” to
and far-reaching controversy over the
traditional law school paradigm and thus
establishing a multicultural curriculum in
value and meaning of a canon of tradi-
is the curriculum that is in most need of
a law school Constitutional Law class: Us-
tional western culture (p. 1513). Ansely
change.
ing the concept of race, the intermediate-
contends:
In discussing the need to reengineer
level generalization would be that because
legal education, Gross (2004), a law profes- (L)egal education stands in a peculiar pos- of race, some groups of people in the United
ture relative to this debate and the cluster
FALL 2009
17
States were viewed as property. The lower- curriculum presented to them by means of or an attorney from the Legal Aid Society
level generalization would be that African the “case method” or the “Socratic Method” of Milwaukee, Inc., on an actual home
Americans were used as slaves, property in a large lecture hall. MULS still divides visit, anytime after January 29, 2008.
The student will be assigned a social
of White men. An activity would be to read its first year students into two sections, but
worker/attorney and should contact that
Dred Scott v. Sanford (1857), where a slave does not keep the same students in each
social worker/attorney to set up a time to
was considered to be property, and Justice section together for the entire year. Legal
shadow a home visit. A one-page written
Taney’s opinion that a ban on slavery writing classes are often much smaller in summary will be due on or before April
amounted to “taking” of one’s property. size (approximately 15 to 25 students) and 22, 2008 by hard copy or e-mail.
The Transformation Approach of inte- deviate from the “case method” or “Socratic
There is nothing set in stone, of course,
gration would most likely to be the highest Method.” From a multicultural perspec-
as to why students taking core curriculum
level obtained in the classroom, where the tive, students in each section should be
courses could not be afforded the same or
structure of the curriculum is changed to divided in such a way that there is a
similar opportunities. An outside activity
allow students to view concepts from the similar percentage of students of color and
for a first year Criminal Law or Constitu-
perspective of diverse ethnic groups. The women to facilitate the “robust exchange
tional Law class could be observing cases
examples, above, describe the Transfor- of ideas.”
in a courtroom handling criminal cases.
mation Approach. The addition of “Out The method most commonly used to
Through these observations, students
of school activities,” however, could have teach first year law students is the “case
could analyze the demographics of the
the effect of moving the curriculum to the method.” This method involves the use
prosecutors, judges, and defendants in
“Social Action” level. of selected cases as the primary material
each case, and then write a summary of
through which students gain an under-
their observations. The cost to the stu-
Curricular Organization standing of the law. It has been argued
dents and law school would be minimal.
that the benefits of using the case method
Law students are grouped according to Accompanying a social worker on a home
with first year students are two-fold: “First,
their year in law school: First year, second visit to see a child in foster care, or sitting
as the case method is at its best when the
year, and third year. The achievement a courtroom, carries no monetary cost.
subject is common law… its employment
level of incoming law students is high: At
is particularly helpful in first year courses
Wisconsin, the median GPA is 3.58 and the Student Groups
… Second, focusing on developing the ana-
median LSAT is 161 for the 2007 entering
lytical skills of ‘thinking like a lawyer’ is Both Wisconsin and MULS offer stu-
class. At MULS, the median GPA is 3.44
entirely appropriate during the students’ dents the opportunity to become involved
and the median LSAT is 157. At Michigan,
introductory year since the earlier students in campus student groups as well. Listed
the median GPA is 3.62 and the median
develop such analytical thinking skills, the under “multicultural” organizations at
LSAT is 167 (for 2008).
better” (Garner, 2000, p. 342). MULS are the Asian and Pacific American
This is not to say that each law stu-
Another popular method for first year Law Students Association, Association
dent comes to law school “perfect.” Boyle
students is the Socratic Method, which uses for Women in Law, Black Law Students
(2006), a law school writing instructor,
a series of questions designed to channel the Association, Halando del Derecho, and
addresses the special needs of law students
student’s thought processes along predeter- the Hispanic Law Student Association.
diagnosed with Attention Deficit Disorder
mined paths (Overholser, 1992, Systematic Students at MULS may also gain experi-
(ADD): “Learning disabilities are life-long
questioning, par. 1). Much criticism has ence in addressing issues of diversity by
conditions. They do not vanish when the
been made of both teaching methods (see, participating in service organizations such
students enter law school. If anything,
i.e., Garner, 2000; Thomas, 2002). as LifeWork, Marquette University Volun-
given the volumes of reading material and
teer Legal Clinic, National Lawyer’s Guild,
pressure felt by first year students when
Out of School Activities Pro Bono Society, and the Student Animal
asked difficult questions in front of a large
Legal Defense Fund. Similar opportunities
The core curriculum offered first year
number of classmates in a lecture hall, the
are offered at Wisconsin.
law students typically offers no out of
law school environment can exacerbate
By allowing students to participate
school activities. The second and third year
learning disabilities” (p. 378).
in student groups, particularly those
clinical programs offered at MULS, like the
Boyle encourages law professors to
specifically geared towards students from
Prosecutor Clinic and Guardian ad Litem
identify the individual learning style of the
diverse ethnic and cultural backgrounds,
Workshop, give students the opportunity
ADD student, assist the student with struc-
the law schools are allowing these students
to go into the courtroom and community
turing class material, provide sufficient
to maintain their identities as a member
to learn “real life” experience. An excerpt
feedback, and have one-on-one conferences.
of a subgroup or subculture. Haberman
from the syllabus of the Guardian ad Litem
Boyle adds that this teaching approach
(1988) contends that, “The purpose of
Workshop reads:
should not be limited to students with
multicultural education is to prepare all
ADD; others, including students of color, Beyond the Classroom Exercise Americans for functioning on three levels:
or women, can benefit from some personal
as individuals, as member of some sub-
Each student will be required to com-
attention—especially in light of the very
plete either a “shadow” exercise, OR group or subculture, and as effective par-
impersonal teaching methods typical of law
write a three-five (3-5) page article on a ticipants in the general American society”
school classes. There is no suggestion that
current topic involving children and the (p. 101). He argues against the idea that
students with special learning needs should law (children or family court). The student “subcultural differences should be melted
be separated from their classmates. needs to identify which project he or she away” or “merely tolerated” (p. 101).
Historically, the entering law school prefers to complete by January 22, 2008.
Thus, for a multicultural curriculum
class was divided into two sections consist- This assignment constitutes twenty (20)
in law school to address each of these three
ing of 80 to 100 students, and the students percent of the grade.
levels, multicultural and service organiza-
Shadow Assignment: The student will
in each section would stay together for the
accompany (i.e., shadow) a social worker tions are a must. A White student may not
entire year as they moved through the core
MULTICULTURAL EDUCATION
18
feel the need to join the Hispanic Law Stu- of textbooks that adequately address the One principle addresses teacher learn-
dent Association; however, he or she may issue of slavery: ing: “Professional development programs
bond with other individuals meeting the should help teachers understand the
Thus, many cases and other materials
needs of indigent clients in the Pro Bono complex characteristics of ethnic groups
involving slavery might be profitably in-
Society. Membership in these groups may within U.S. society and the way in which
tegrated into American legal education,
come at a small fee or no fee at all; often and not segregated into a special section race, ethnicity, language, and social class
times the monies to support these groups or the course or casebook. Unfortunately, interact to influence behavior” (p. 197).
comes from the law school. however sensible is would be to teach Continuing education about diversity
slavery as part of the development of the would help educators to address their
Specialized Programs Commerce Clause or state police powers, personal attitudes toward different ethnic
the existing casebooks make this difficult.
groups, acquire knowledge about the histo-
Slotkin (1995) discussed an innova- (p. 274).
ries and cultures of these groups, become
tive support program for minority stu-
Some ways of getting around defi- familiar with diverse perspectives within
dents initiated by the California Western
cient textbooks would be for the professor different ethnic groups, and understand
School of Law (CSWL). The goal of this
to bring to class his or her own relevant how institutions perpetuate stereotypes.
program was “to train ethical, competent
articles or movies. Perhaps the professor Banks, et. al. (2001) contend that,
and compassionate lawyers, representa-
could even consider writing his or her own “(T)eachers should become knowledge-
tives of our diverse society …” (p. 563).
textbook, and use the students to assist able about the cultural backgrounds of
The program was geared toward support-
gathering and assemblying the material. their students. They should also acquire
ing minority students through their first
the skills needed to translate that knowl-
year of law school—the year deemed to be
Utilizng Parents (Caregivers) edge into effective instruction and an
the hardest year for most law students,
and Community in the Curriculum enriched curriculum. Teaching should
and for minority students in particular,
be culturally responsive to students
“and the year when the most students The average age of a law student is 25
from diverse racial, ethnic, cultural, and
leave law school due to poor performance, years old at Wisconsin and MULS. Thus,
language groups” (p. 197).
lack of motivation, and/or lack of interest” most are independent of their parents, or
Multicultural education in law school
(p. 564). are even parents themselves. That is not
is as important, if not more so, than mul-
The support program consisted of four to say, however, that a student’s family
ticultural education in grade and high
main components: (1) Fast Start, a pre- should not be involved in the law school
school. Unfortunately, there is no “in
sessional enhanced orientation; (2) The program. Ideally, the law school should
service” for law professors or any type of
mentor program, which linked individual include parents in activities, such as the
program available to offer a multicultural
students with lawyers in the community; orientation described in the CWSL support
law school pedagogy to law professors.
(3) Counseling, which was provided on a program above. If a parent has an under-
Stephenson and Folwer (2006) observe:
one-on-one basis by law school by volunteer standing of a son or daughter’s first year
law professors; and (4) Academic Support trauma, they can be in a better position to By the late1970s, the Standards for the
Program, which included a legal analysis offer their child support. Accreditation of Teacher Education,
course integrated with tutorial support. The academic support program offered issued by the National Council for the
While somewhat costly to implement, by CWSL also gives the professionals in Accreditation of Teacher Education,
CWSL concluded that, “Our academic sup- the community the opportunity to assist required teacher education programs to
have multicultural components. But most
port program participants’ retention rates, “at-risk” law students by volunteering
law professors have no formal pedagogical
though lower than all first-year students, their time as mentors. These individuals
background before teaching at the law
have shown significant improvement when should be recruited and screened by the school level. (p. 82)
the program included the legal analysis law school so that a successful match be-
component (p. 591). tween student and mentor can be made. In Stephenson and Fowler thus recommend
devising the program, CWSL established a that for themselves and others who lack
Enriching the Environment Minority Affairs Committee to develop the formal training in the area of multicultural
academic support program; the school also education, “We must work, read, and study
First year law students spend most of
created the full-time position of Director of on our own to gain the broad knowledge
their time confined to the sterile environ-
Minority Affairs at the law school (Slotkin, we need and then make that knowledge
ment of the lecture hall. Most lecture halls
1995, pp. 562-563). part of our pedagogy” (p. 82). They urge
and classrooms of a law school are often
The participation of community mem- law professors to express their heuristic
equipped as “Smart Classrooms,” meaning
bers is not limited to a program such as the urge to “discover what makes our students
that they are set up with computers, movie
one at CWSL. Community professionals different from us and from each other and
screens, VHS/DVD players, and overhead
can also get involved in the multicultural then use those differences when we develop
projectors. These technological advances
and service organizations as well, volun- our curricula” (p. 82).
are often not utilized in the large lecture
teering their time and expertise to advance Stephenson and Fowler further sug-
hall, however, where the focus is on teach-
the interests of the law students involved gest that professors look to other faculty
ing by the case or Socratic methods using
in the organizations. members for information about the school’s
the textbooks.
culture, as well as sources on the internet
Because first year students rely pre-
Teachers and Instructional Competencies and professors at other law schools with
dominantly on the textbook, it is crucial
similar student populations. They add
that these textbooks reflect a multicul- Banks, et. al. (2001) discuss essential
that, “Collaborative planning, gaining
tural perspective on any given topic. design principles to assist education policy
feedback from fellow law professors with
Unfortunately, this is easier said than makers and practitioners in realizing the
different personal characteristics and
done. Finkelman (2002) laments the lack goal of a democratic and pluralistic society.
experiences, and sharing academic re-
FALL 2009
19
sources and research materials can prove “students” to “professors?” While Weng’s administering to indigent clients though
invaluable” (p. 83). And regardless of the article is essentially a “how to” on teach- the Pro Bono Society, should also be given
lack of multicultural education in-service ing students to work with clients from credit for helping carry out the goals of a
and seminar opportunities available in the different cultures, it could also be used multicultural curriculum.
legal world, law professors should keep as a “how to” for law professors on teach-
their eyes open to such relevant seminars ing students from different cultures. The Student Assessment
offered in any forum. framework presented by Weng is a useful
There are two levels of assessment in
one for addressing the issues involved in
a multicultural curriculum: (1) How well a
Faculty Selection and Development multicultural lawyering, and has many
student has acquired the knowledge and
implications in the area of multicultural
Obviously, law schools need more pro- skills needed to become an effective citizen
teaching of those law students.
fessors like Stephenson, Fowler, Ansley, in a pluralistic society; and (2) How well the
Weng states that multicultural
and Finkelman. Their innovative approach- school itself has reformed so that students
counseling trainers recommend a three-
es to integrating multicultural education from both genders and from diverse cul-
fold approach to teaching multicultural
into the first year law curriculum indicate tural, language, and ethnic groups have an
lawyering: developing awareness of one’s
a commitment to diversity. When hiring law equal chance to experience school success.
own culture, developing awareness of
professors, a key question could simply be, In assessing the student, Banks, et.
the client’s culture, and learning skills
“How would you integrate multicultural ed- al. (2001) state, “Assessment should go
to minimize the impact on one’s biases
ucation into your course?” Other important beyond traditional measures of subject-
toward multicultural interaction (p. 383).
questions would include, “Who is James A. matter knowledge and include consid-
By changing the word “client” to “student,”
Banks?” “What text would best integrate (a eration of complex cognitive and social
Weng’s multicultural lawyering approach
multicultural issue, such as slavery) issues skills. Effective citizenship in a multi-
applies in the educating of law professors
of diversity into the course?” cultural society requires that students
and the teaching of law students as well.
A law professor who has a sincere in- have the values and abilities to promote
Thus, seminars and literature on multicul-
terest in addressing the needs of a diverse equality and justice among culturally
tural lawyering would also have relevance
classroom would benefit from graduate diverse groups” (p. 202). Recommended
to law professors and the teaching of a
level classes in multicultural education. assessment strategies include observa-
diverse student body. After all, how can a
Even without such courses, a candidate’s tions, oral examinations, performances,
law professor teach multicultural lawyer-
commitment to pro bono work would speak and teacher-made as well as standardized
ing without the ability to teach first teach
volumes about his or her ability to work assessments. No one method is best, but
multicultural students?
with diverse individuals. the use of only one method is discouraged,
As stated above, little is offered in as “the use of a single method of assess-
Faculty Evaluation
the way of professional education on mul- ment will probably further disadvantage
ticultural education for law professors. Professors in law school are evalu- students from particular social classes
That does not mean, however, that none ated in the same or similar manner as and ethnic groups” (p. 202). Assessments
is available. Weng (2005), a law professor, are professors at the college/university should evaluate a student’s ability to
addresses the importance of “multicultural level in general: by student evaluations, acknowledge and foster diversity.
lawyer training” for students in law school, articles published, and outside speaking Research indicates that, “(C)hildren
and offers a framework for “learning cul- engagements. These methods can still come to school with misconceptions about
tural self-awareness, starting with the be utilized to determine the effectiveness outside ethnic groups and with a White bias.
teaching of cognitive and social psychol- of the professor’s ability to successfully However, it also indicates that students’ ra-
ogy” (p. 369). The article only approaches implement a multicultural curriculum, cial attitudes can be modified and made more
the question of who would be qualified to but should be supplemented with other democratic and that the racial attitudes of
teach this multicultural lawyering. assessments. For example, an increase in young children are much more easily modi-
The premise of Weng’s article is that the retention rate of minority students in a fied than the attitudes of older students and
while she, as a legal services attorney, particular professor’s class would be a clear adults” (Banks, 1993, p. 37). Thus, early
has attended numerous diversity training indicator of success. Success in retaining exposure to a multicultural curriculum has
programs, most were as superficial as the minority students would clearly go to the the most likelihood of success.
Court’s opinion in Grutter. She suggests heart of the goals of multicultural educa- Noted earlier, the average age of a law
some improvements to these programs, tion as set forth above. school student is 25; thus, law students
indicating that the focus of such training And while it is a mandate for a pro- are adults who already have preconceived
should be about “learning multicultural fessor to publish, the nature of his or her notions about minorities and the value
competence with the explicit goal of em- published work would also be important of diversity. Furthermore, the standard
powering culturally different clients (and to determine the commitment to multicul- assessment of a first year student’s knowl-
colleagues) as part of a larger effort to end tural education. For example, an article edge of legal concepts comes down to what
discrimination” (p. 402). Weng’s solution on the practical ramifications of Grutter, he or she conveys on the one exam offered
is, in part, “to teach law students cogni- or on incorporating multicultural teach- at the end of the course (Slotkin, 1995,
tive and social psychology relevant to ing methods in the law school classroom, p. 566). It is the proverbial “blue book”
being a multicultural lawyer. With such should score more points than an article examination. A blue book exam is merely
an understanding, law students and we on a topic that is merely within that pro- an indicator of how well a law student has
clinicians might learn how people absorb fessor’s realm of scholarship. grasped a legal concept; it is from this score
information from the cultures we inhabit Assessment should also include vol- that a law student is propelled into infamy
and encounter to form social construc- unteer work—or lack thereof—in multicul- (i.e., summa cum laude and a job at Foley
tions” (p. 372). tural or service organizations. A professor & Lardner) or not.
But what if we change the word that spends time mentoring students, or A professor teaching a first year law
MULTICULTURAL EDUCATION
20
class usually has the onerous task of dividual one needs to get to know that Education and Law Journal, 307-344.
teaching and grading a large number of individual one-on-one. Thus, to effectively Gross, K. (2004). Process reengineering and
students; as was stated above, the incom- implement a multicultural curriculum legal education: An essay on daring to think
differently. New York Law School Law Re-
ing class in usually divided in half. Thus, for first year students, it must be done
view, 49, 435-463.
a first year Constitutional Law section will in the classroom. Classroom lectures can
Grutter v. Bollinger, 539 U.S. 306. (2003).
consist of approximately 100 students. The certainly be supplemented with on-line
Haberman, M. (1998, Spring). The nature of
ability of a law professor to observe any discussion; if that were the only means of multicultural teaching and learning in
unique characteristics outside of the score interaction, however, there would be no American society. Peabody Journal of Educa-
of the blue book is quite difficult indeed. opportunity for students to interact face- tion, 65(3), 101-113.
That is not to say, however, that it is im- to-face with one another. Hirshon, R. E. (2000, June). Excellence and
possible. If the exam is the only means to While such cases as Bakke and Grut- diversity: Law schools have obligations to
assess the student, than the exam should ter may have been “superficial” in their students, and profession and society. ABA
Journal, 88(6), 12.
contain not only traditional Constitutional outcomes, it is also important to note that
Lehman, J. S. (2004). “Integration,” not “di-
Law concepts, but also concepts related to neither anticipated the “robust exchange
versity.” Chronicle of Higher Education,
multicultural education. of ideas” via the internet or the increasing 50(33), 17.
The better way to approach the large attention to multicultural goals in society Mah, L. (2005, December). The legal profession
class size would, of course, be to have and education. The classroom does not faces new faces: How lawyers’ professional
smaller classes. This would be costly as have to be defined merely as the law school norms should change to serve a changing
more professors would need to be hired; building. Outside activities also have a American population. California Law Re-
view, 93, 1721-1772.
nevertheless, it would give each professor place alongside the classroom lecture.
Marquette University Law School. (2008).
the ability to better observe the students It is not the law school building, or
Retrieved April 18, 2008, from http://law.
and their interaction with one another. It the class schedule (five days a week, four
marquette.edu/cgi-bin/site.pl
would also allow the professor to grade in class hours a day) that is an impediment Overholser, J. C. (1992). Socrates in the class-
ways other than the blue book exam; for to a multicultural curriculum; it is the room. Social Studies, 83(2), 77-82.
example, each student could also be graded traditional content of the courses and the Regents of University of California v. Bakke,
on a short paper that addressed issues of teaching methods of the law professors. 438 U.S. 265. (1978).
diversity as related to the topical material Changes need to be made in both of these Slotkin, J. H. (1995). An institutional com-
mitment to minorities and diversity: The
of the class. areas.
evolution of a law school academic support
If a multicultural curriculum is to be
program. Thomas M. Cooley Law Review,
successful, then those concepts related References
12, 559-592.
to multicultural education must be as Stephenson, G. S., & Fowler, L. C. (2006, Fall).
Ansley, F. L. (1991, December). Race and the
important as the traditional law school Keeping it real: Developing a culturally and
core curriculum in legal education. Califor-
concepts. For example, rather than testing personally relevant legal writing curriculum.
nia Law Review, 79, 1512-1597.
a student’s knowledge of Dred Scott, stu- The Journal of Gender, Race & Justice, 10,
Banks, J. A. (1993). Multicultural education:
dents might be asked to delve further into Historical development, dimensions, and 67-92.
Thomas, A. M. (2002). Critical thinking in
the impact of slavery on the development practice. Review of Research in Education,
the ivory tower. Academic Questions, 16,
of the constitutional recognition of police 19, 3-49.
50-59.
powers of states. If the class included an Banks, J. A. (2003). Teaching strategies for eth-
University of Michigan Law School. (2008).
outing to a criminal courtroom, the exam nic studies (7th ed.). Boston: Allyn & Bacon. Retrieved April 19, 2008, from http://www.
Banks, J. A., & Banks, C. A. M. (Eds.). (2004).
could question the student as to his or her law-school-admission.com/michigan/
Multicultural education: Issues and per-
observation of the overrepresentation of University of Wisconsin Law School. (2008).
spectives (5th ed.) New York: John Wiley &
minorities in criminal matters and what Retrieved April 18, 2008, from http://www.
Sons.
historical events may have lead to such Banks, J. A., Cookson, P., Gay, G., Hawley, W. law.wisc.edu/
Weng, C. (2005, Spring). Multicultural lawyer-
overrepresentation. D., Irvine, J. J., Nieto, S., Schofield, J. W.,
ing: Teaching psychology to develop cultural
A grade could also include “extra credit” & Stephan, W. G. (2001). Diversity within
self-awareness. Clinical Law Review, 11,
for participating in service activities such as unity: Essential principles for teaching and
369-402.
the Pro Bono Society. If participation makes learning in a multicultural society. Phi Delta

Kappan, (83)3, 196-202.
up a portion of the grade, the professor
Boyle, R. A. (2006, Winter). Law students with
should keep track of how students’ activi-
attention deficit disorder: How to reach
ties and responses implement the goals of
them, how to teach them. The John Marshall
multicultural education. For example, if a Law Review, 39, 349-380.
student makes comments that demean mi- Buckner, C. J. (2004, Summer). Realizing Grut-
norities in class, he or she could lose points ter v. Bollinger’s “compelling educational
in the final grade. A student that interacts benefits of diversity”—transforming aspira-
with students outside of his or her culture tional rhetoric into experience. UMKC Law
Review, 72, 877-946.
(e.g., study groups) should also be given
Calleros, C. R. (1995, Fall). Training a diverse
consideration when it comes to the final
student body for a multicultural society. La
grade. Since retention of minority students
Raza Law Journal, 8, 140-164.
is an important overall goal of multicultural Dred Scott v. Sanford, 60 U.S. 393. (1857).
education, an atmosphere of camaraderie Finkelman, P. (2000). Education and the con-
would do wonders to further that goal. stitution: Shaping each other and the next
century: Teaching slavery in American
Organizational Issues constitutional law. Akron Law Review, 34,
261-282.
In order to “humanize” another in- Garner, D. D. (2000). Brigham Young University
FALL 2009
21