Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Shag from Brookline on Omelets and Eggs

    • Joe on What Exactly is Wrong With Polygamy?

    • Phil on What Exactly is Wrong With Polygamy?

    • Lee on Lifecycles and the Firm

    • Car accident claim lawyers on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?

    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Joe on Employment Division v. Smith is Wrong

    • Joe on Super En Banc in the Ninth Circuit

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • G. Calamita on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Joe on Super En Banc in the Ninth Circuit

    • Howard Wasserman on Can't the Supreme Court Just Say No to Cameras?

    • Gerard Magliocca on Super En Banc in the Ninth Circuit
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Exam Review Culture

posted by Dave Hoffman

I had a really fantastic weekend in St. Louis, where I attended the Conducting Empirical Legal Scholarship: The Advanced Course workshop at Wash U. Or, as I heard folks describe it, “Stats Camp: This Time We’re Not Screwing Around.”

In any event, it got me in the mood to measure things. This morning, as I conducted an exam review for one of my students, I considered whether there was a relationship between the curve, exams reviews, and the production of scholarship.

The basic story would go like this. At some schools – including the one where I teach – there is a strong culture of encouraging students to come to professors’ offices after receiving grades to review the exam and find ways to improve their performance. To my mind, this is a very good thing – not just for students, who can be taught to do better on an economically consequential activity – but for professors, who can figure out exactly how badly written exams confuse test-takers. Somewhere between half and two-thirds of my fall semester class came in to meet with me over the last two weeks (at a half-hour a meeting). But, looking back at where I went to law school, I can’t remember ever going to talk to a professor about my exams, nor any of my friends doing so either. Casual inquiry among conference participants suggests that a culture of encouraging colleagues to undertake individualized exam review is more common at schools outside of the traditional top tier.

Why? It surely isn’t because students at top-tier schools lack incentives to get to know professors. And, I doubt it is because professors at elite institutions don’t care about teaching. Nor, in the end, is it because exam review isn’t helpful, or because grades don’t matter at schools without a culture of review.

Basically, I think that an exam review culture is a function of a mandatory curve. When professors give out Cs, Ds, and Fs, students receive a strong signal that their performance is subpar. (By contrast, receiving a B at Harvard, the equivalent to a C at Temple (which mandates a 2.85 mean) in terms of relevant class rank, is no signal at all.) As a result, they demand review. A faculty culture encouraging review is simply a reaction to consumer demand.

So there is a tradeoff, as always. A curve helps increase bar passage by signaling students about their class position. It results in more faculty time spent teaching. More time teaching is traded off against (a) leisure; and (b) other faculty work, most significantly, time spent writing. Thus, one way we might imagine grade inflation is as a subsidy for scholarship. Since scholarship is already well-subsidized by high class size and low teaching loads, this seems to be a weird allocation of school resources. (By contrast, a harder bar exam starts to look like a a tax on scholarship, albiet indirectly.)

More half-baked ideas from the AELSC to come.


 February 12, 2007 at 11:02 am   Posted in: Law School (Teaching)   Print This Post Print This Post

Responses (6)

  1. Kate Litvak - February 12, 2007 at 2:17 pm

    I didn’t get it. How can a mandatory curve explain the variation in outcomes if there is no variation in the existence of a mandatory curve?

  2. Dave Hoffman - February 12, 2007 at 2:26 pm

    I’m confused by your comment, Kate (probably my fault in the original post.) Maybe this helps?

    The difference is that there is no explicit mandatory curve at HLS and like schools i know about, and to the extent that there is one, the mandatory mean is set significantly higher than at other schools. As a result, students on left (bottom) side of the curve think “I may be on the bottom of the class, but I’m still getting a B, which isn’t a bad grade. I must be doing ok.” But contrast, where the curve’s bottom is a C, the relevant student says “Oh @#$@#. I must need help.”

    Does that help, or have I muddied the waters more?

  3. Belle Lettre - February 12, 2007 at 3:06 pm

    I went to a top tier law school, and I remember in my first year being encouraged to do exam reviews with the professors–at least in my small section, with one particularly eager junior prof encouraging his large section to do the same. Thereafter, no prof ever brought it up, I guess the idea is that by your second year in an elite law school you should have gotten “the hang of things.” Perhaps there’s more hand holding first year?

    I’m now in a top 10 law school in which I haven’t heard any of this mentioned, despite the fact that 1Ls are allowed first-year electives. It seems so random without an established institutional pedagogical culture–perhaps some profs do suggest it, but it hardly seems de riguer here–I don’t even know where the Academic Support Office is. Perhaps it’s incumbent on profs who view their jobs as teaching in addition to writing (not a zero sum game!) to suggest it to their students. There’s a strong disincentive in elite, competitive schools to seek help from professors or academic support programs (and for minorities, that “stigma” problem). So perhaps if professors put it on the table, students would take it up.

    It’s a catch 22; the responsibility of professors to teach outside the classroom vs. the responsibility of the students to take a more active role in their education. Still, given the rigid institutional culture at law schools, professors would probably be in a better position to do this.

  4. Matt - February 12, 2007 at 4:30 pm

    Surely one difference is that at top schools there is much less of a down-side to being “average”. Average students at Harvard several other top schools still get very high paying jobs most of the time, while the average student at Temple, right or wrong, does not. Students know this or can figure it out so many at top schools quickly don’t feel the need to do more than ‘average’ since they will still get the big pay day either way. In that sense it might be perfectly rational for them to not spend time doing exam review.

  5. Dave Hoffman - February 12, 2007 at 4:48 pm

    Matt’s suggestion is plausible, but I think doesn’t exclude the possibility of the curve being a part of the story. The control would be to look at a top school with a low mean, and to see whether students will feel so sanguine about their job prospects. Even if employers are educated to look at rank, not grades, I bet that even top students in the bottom half of the class would realize that they are being out competed by their peers and seek help.

    Belle’s different experiences reinforce my sense that this is a cultural issue. The question is: why are some places institutionally bad at teaching, and others good (with noticeable exceptions by great or terrible professors.)

  6. Ivan - June 29, 2007 at 7:36 pm

    Hello!

    I am student in Croatia(Europe). I have one question. Do you have subject called legal culture?

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress