Getting Back to the Sandbox : Designing a legal policy clinic

Perhaps my fondest educational memory is the first day of kindergarten after I was led to the sandbox� When I looked around I saw seven other students entering and then sitting on the sand� Several toys [tools] rested on top of the sand� The teacher gave us no directions and no goals; we were self-directed and our task was self-selected1� Each of us was placed in a laboratory where we could explore our imagination� The variables of our experiment were few: a limited number and type of instruments (a shovel, large plastic clawed fork, an assortment of shapes and sizes of containers); a sea of sand which upon closer inspection contained its own unique properties and identity (size and shape of grain, color of silica, degree of opacity and opalescence, moisture content [slightly moist on top from the morning dew, dusty-dry mid-layer, and wetter strata deeper into the body of the sand], and odor [from light-nosed top bed to dank cellar-like olfactory presence in the depths of the pit])� We did not feel observed, but watched we were by our mentor/teacher like from an orbiting satellite peering down upon us� She would have observed seven individual children working independently upon seven unconnected projects� We were not at that stage of our development motivated toward co-operative pursuits, nor were we hampered by notions of individuality, originality, and plagiarism2� The teacher could observe intellectual theft as some


Introduction
Perhaps my fondest educational memory is the first day of kindergarten after I was led to the sandbox� When I looked around I saw seven other students entering and then sitting on the sand� Several toys [tools] rested on top of the sand� The teacher gave us no directions and no goals; we were self-directed and our task was self-selected 1 � Each of us was placed in a laboratory where we could explore our imagination� The variables of our experiment were few: a limited number and type of instruments (a shovel, large plastic clawed fork, an assortment of shapes and sizes of containers); a sea of sand which upon closer inspection contained its own unique properties and identity (size and shape of grain, color of silica, degree of opacity and opalescence, moisture content [slightly moist on top from the morning dew, dusty-dry mid-layer, and wetter strata deeper into the body of the sand], and odor [from light-nosed top bed to dank cellar-like olfactory presence in the depths of the pit])� We did not feel observed, but watched we were by our mentor/teacher like from an orbiting satellite peering down upon us� She would have observed seven individual children working independently upon seven unconnected projects� We were not at that stage of our development motivated toward co-operative pursuits, nor were we hampered by notions of individuality, originality, and plagiarism 2 � The teacher could observe intellectual theft as some 96 1 "While solitary play frequently has been maligned as indicative of poor social-cognitive adjustment, recent findings suggest that solitary play frequently involves goal-directed and educational activities… [and] that participation in activities in which there is not a great deal of adult involvement encourages the development of independence, initiative, and novel use of materials�" Jane A� Goldman, Social Participation of Preschool Children in Same -Versus Mixed-Age Groups, 52 Child Development 644, 649  (1981)� 2 The theory that children's play evolves in a direct line and relationship to stages of intellectual development is currently undergoing a more nuanced interpretation� "For Piaget the ontology of play must be viewed in relation to the development of intelligence in the child and therefore each cognitive stage, which Piaget has outlined, exhibits a characteristic type of play activity� Play in the sensory-motor period is characterized by repeated performance of newly mastered motor abilities and evidence of pleasure in engaging in such activities…� Corresponding with the concrete operational phase is the appearance of games-with-rules� Through the use and development of collective, as opposed to individualize, symbols… the child's reasoning becomes more logical and objective, and therefore presumably closer to reality, preparing him/ her finally for the for operation period�" Helen B� Schwrtzman, The Anthropological Study of Children's Play, 5 Annual Review in Anthropology 289, 310-311 (1976)� For many years the act of children independently playing side by side but not interacting, or parallel play, was "viewed as a of us copied other's designs, and our expertise slowly increased by adopting and adapting sand manipulation methods invented by our peers� We became much more comfortable with the sand than with the dynamics of sand play� We did not perceive group identity; we did not yet explore the concept of "CO" in cohort, cooperate, or coordinate, but simply played in coexistence� Our pattern of play changed over time� During that year we often moved toward group digs and constructions, but we never abandoned, and often returned to, our original methodology of individualized parallel play� Recently, I have discovered that the image of this kindergarten sandbox individualized experimental laboratory is a cross-cultural Jungian archetype� For instance, Yoko Hino uses a scene in a kindergarten sandbox to illustrate the Japanese educational philosophy of play activity or "Zokei Asobi" which is based upon the notion that "children's expression naturally comes from within and is expressed as spontaneous play… [b]  ecause children have a natural curiosity, play is not to be derived by someone else, but by their own will�" She tells the following story of a kindergartner who "was fully absorbed in digging in the sandbox, certain that a mole would come out� He believed that since the sandbox adjoins the field, a mole must surely come out� Although one child digging with him expressed doubt about this possibility, and others laughed or tried to interrupt him, he continued digging for almost an hour, waiting for the encounter with a mole� The idea that a mole would indeed come out from a sandbox seems foolish to adults� No one directed him to do this; it was only important to him to try to meet a mole� His reason and a firm belief in this 'play' came from his own will and originated in his heart�" 3 97

International Journal of Clinical Legal Education Autumn 2011
characteristic of a 'stage' through which children pass as they develop from solitary players to social players�" Roger Bakeman and John R� Brownlee, The Strategic Use of Parallel Play: A Sequential Analysis, 51 Child Development 873, 873 (1980)� Many now argue that parallel play is one of a continuing number of types of play activities that children, and even adults, continue to use even after having cognitively advanced beyond that play phase� "Contrary to the hypothesis that parallel play is a more 'immature' form of peer involvement… no age-related differences were apparent from time spent in this kind of activity�" Lawrence V� Harper and Karen S� Huie, The Effects of Prior Group Experience, Age, and Familiarity on the Quality and Organization of Preschoolers ' Social Relationships, 56  Child Development 704, 714 (1985)� Harper and Huie note that individual or parallel play "is best seen as an alternative to peer involvement, rather than as one pole of a dimension of social activity, and that parallel play may function as a short-term, 'strategic' bridge between more solitary pursuits and greater involvement with age-mates�" Id�, at 716� Some have even placed in doubt "the role of parallel play in generating early peer relations…" Edward Mueller and Jeffrey Brenner, The Origins of Social Skills and the Interaction Among Playgroup Toddlers, 48 Child Development 854, 854 (1977)  Educ� 19, 20, 22 (2003)� The image of a sandbox has also been used to describe the evolutionary development of skills� "Process skills may easily be developed through the child's play… This kind of practice, which uses process skills, may be applied to many other learning experiences such as sandbox play…" Thomas Daniels Yawkey and Steven B� Silvern, Kindergarten Goals and Contemporary Education, 77 The Elementary School J� 25, 27  (1976)� The antithesis of a "structured game" is "a "Sandbox" is also the designation for a contemporary computer game design and development structure� "Sandbox is a type of game mechanic that is very non-linear and lets players do whatever they want… The idea behind the term is that there's you, here's the sand, now do whatever you want with it� Sandbox games are often only limited by your imagination, or what you could find to do with the materials given to you�" 4 This idea of self-directed exploration in a laboratory environment also forms the structure of the last twenty years of children's museums which provide constructivist materials and tools for children to experience and manipulate� 5 This article will analyze contemporary educational psychology in an attempt to: (1) determine whether a sandbox can and/or should be added to the law school curriculum; (2) describe a constructivist learning environment with the goal of providing law students self-selected pro bono publico projects that may help internalize a life-long goal of public service; and, (3) provide an interdisciplinary model that is feasible both in the large university law schools and in small and/ or free-standing law schools� The second half of the article will describe my attempts to build a sandbox model into my Legal Policy Clinic�

A Cautionary Note
I offer the reader a cautionary warning regarding this and other articles applying contemporary educational psychology to law school pedagogy� First, educational theory has historically fluctuated among warring camps, and what is vogue today may quickly become passé tomorrow� Second, no one has the answer for the perfect educational methodology for every learning environment or for every student/teacher relationship� "At least three dangers are likely to accompany any educational innovation� The first is that the proponents will create the impression that at last the solution to all problems is contained in one package… The second danger is that the description of the proposed Getting Back to the Sandbox 98 child building a castle in the sand with no defined goal and with no clear rules or guidelines� We could say that the castle 'builds itself' through her actions (in contrast to the child who builds a house from Lego blocks following detailed instructions…� Can we say that unstructured games, played according to no clearly defined rules, assume some degree of (internal) control?It seems to us that the answer is an affirmative one, at least in most of the cases in this category� For in these cases it is still possible to give some kind of description of the action (building a castle in the sand…), and there exists those actions relevant to the realization of the characterization of the action�" Roni Aviram and Yossi Yonah, 'Flexible Control': Towards a Conception of Personal Autonomy for Postmodern Education, 36 Educational Philosophy and Theory 3, 13 (2004)� 4 Wikia Gaming, http://gaming�wikia�com/wiki/ Sandbox, (visited 9/23/09)� "In a sandbox game, you wander around and do what you want instead of following a plot� Game Stew, The Game Mastering Blog, http://www�gnomestew�com/gming-advice/ nonlinear-sandbox-games, (visited on 9/23/09)� A Sandbox Symposium on computer game design is held annually� (http://sandbox�siggraph�org/ about�html)� The term " 'sandbox game' was discussed 3,926 times on 256 sites" from 6/23/09 to 9/23/09� Boardreader, http://boardreader�com/tp/ Sandbox%20game�html (visited on 9/23/09)� 5 For example, see an interactive guide to the Imaginarium Discovery Center in Alaska which is a "hands-on, minds-on science discovery center, a place where families and visitors of all ages can explore art, history and science through play�" http://www�anchoragemuseum�org/expansion/ imaginarium�aspx, visited 9/10/09� The concept of "play" in adult pedagogy is beginning to be better recognized� " [A]dults do engage in a variety of assimilative play activities�" Schwrtzman, supra�, note 1, at 311� The role of play in adults is also an important life component� "The pioneer of terminal care and thanatology, Elizabeth Kübler-Ross said, 'We are able to begin to play again regardless of age, place, and situation� All we have to do is just to shake-up the sense of play, because it is sleeping in ourselves�'" Hino, supra�, note 3, at 23� Kübler-Ross also noted that "many program will be so appealing that enthusiastic support for and adoption of the approach will occur prior to the appearance of any empirical evidence to support the basic tenets of the innovation… [and] [t]he third danger is that the initial developmental phases of the movement will be accepted as the final version, thus stagnating efforts to improve and expand preliminary programs as new insights are gained in practice�" 6 An example of an often insufficiently explored trend is the proliferation of team and group projects based upon limited empirical data regarding the characteristics of the Gen-X generation who, among other traits, are supposed to "gravitate toward group activity…" 7 But there are two problems with so easily riding on the Gen-X group learning theory train� First, researchers are now seriously questioning whether any large group of students has sufficiently generalized learning styles and personalities to support any meta-pedagogy� "To accept generational thinking, one must find a way to swallow two large assumptions� That tens of millions of people, born over about 20 years, are fundamentally different from people of other age groups -and that those tens of millions of people are similar to each other in meaningful ways�" 8 Second, one would have to disregard the conflicting data on whether all students really enjoy and benefit from group projects� For example, on the positive side in one study "intrinsically motivated people showed greater commitment and devoted more time to task completion" in team projects� 9 Other studies have found that cooperative education increases students' willingness to take on difficult tasks, result in better long-term retention of data and more intrinsic motivation� 10 In addition, another study found that "culturally diverse groups generated more perspectives on a problem and more alternative solutions than culturally homogenous groups but took longer to achieve equal levels of group process effectiveness, accurate problem identification, and solution quality than less diverse groups�" 11 However, studies have also demonstrated that for many students the group tasks create such an anxiety provoking environment that their ability to participate and learn is greatly overbalanced by 99

International Journal of Clinical Legal Education Autumn 2011
terminal patients talk with their loved one about a memory of playing happily together�" Id�, at 23� [which] are likely to divert attention from the task and to limit students' cognitive resources… Moreover, a concern with appearing unable may also decrease students' willingness to invest effort, as effort and ability have an inverse relationship�" 12 In addition "social rejection and the stress it often causes can interfere with normal learning activities�" 13 Another study found that "[s] tudents valued the traditional lecture component of the college classroom equally well with the active learning projects… however, cooperative learning ranked the lowest… [and many] perceived cooperative learning in general to be an ineffective motivator�" 14 Professors who accept the generalization that students want to actively participate in classroom group dynamics may often misinterpret the silence of those who have problems participating as a lack of interest or a failure to prepare� However, there are many reasons for student resistance to group projects� "Personal factors such as interest, comprehension and confidence…" [and] "[c]ultural and language factors have also been identified as having a role in constraining student participation…" 15 Professors may incorrectly generalize about students' personalities and aptitude based upon their unwillingness or ineffectiveness in group problem solving dynamics� Further, "[i]n a relational perspective one cannot hold that a person is a certain way -talented, reasonable or noisy -only that these manifestations articulate phenomena that tend to appear in certain situations (relations)�" 16 And Catherine O'Grady has warned us, "because clinical collaborations tend to differ markedly from a new lawyer's typically hierarchical practice collaborations, clinical collaborative pedagogy may not adequately prepare students for the realities of legal practice�" 17 Despite the conflicting data regarding the benefits of group projects and the information that it can have a substantially negative impact on some students' learning, professors have dramatically increased their use of this pedagogical technique� In a 2008 survey by UCLA, 36% of college professors indicated that they assigned group projects� 18 With these "cautionary notes" regarding the efficacy of educational philosophy and psychology in mind, proceed carefully� Frequently the types, scope, and procedural arena of issues litigated in a legal clinic are decided based upon the professor's legal expertise or interest, the law school's surrounding community's legal needs, or some form of funding stream� These factors are obviously important in assuring the continuing viability of the clinic (professor interest), legal expertise (professor education and training), relevance to the community at large, economic viability and the sustainability of the clinic� However, rarely do students themselves have an opportunity to help define the legal universe in which they will learn and ply their developing lawyering skills� Legal clinics are also often designed to further a professor's definition of social goals� As one clinician has stated: "Clinical legal education offers students direct experience as lawyers working for social justice�" 19 At least historically, many clinicians have defined social justice in large part as bringing legal services to the underserved� 20 However, few have studied the impact of professor selected definitions of social justice on law student motivation to enroll in a particular clinic, on the impact on students' participation, vigilance, and persistence while in the clinic, or  2) is fully consistent with the clinics' roles as public-service organizations and their duties to clients, and (3) helps defuse controversy by offering compelling, politically neutral, and -best of all -honest justification of a clinic's advocacy of even the most unpopular viewpoints�" Id�, at 449-450� But it is almost impossible for a professor to be politically neutral� "When assuming the position of being a teacher, there is always a question of erasure� This erasure of life, which has to be expelled from the 'body' for it to function as a body… will have to be a more learning theory posits that the role of the professor is to engage in "the 'spirit of mutuality' of learning between students and instructors�" 28 According to self-determination pedagogical theory, students will more fully engage in an educational activity when the goals of that assignment are aligned with students' philosophy� "Feelings of autonomy are particularly strong when the task is perceived as being closely connected to the values, interests, and goals that constitute the core of one's authentic self and identity…" 29 Although a professor-defined clinic substantive focus is obviously necessary in most contexts, a legal policy clinic offers an example in which the clinic students themselves can determine the subject matter and the political focus of their lawyering tasks� II.The collateral benefits of a self-directed and self-selected legal policy clinic on students' lifelong desire to provide pro bono publico services In its landmark 1992 survey of the public's attitude about attorneys, the American Bar Association discovered that 43% responded that if attorneys would perform more pro bono services, it would "significantly increase their favorable impressions about the profession…" 30 For the past twenty years non-profit organizations, 31 state and local bar associations, the American Bar Association, 32 and the Association of American Law Schools 33 have all attempted to proselytize and empower law students and attorneys concerning their role in providing free legal services and access to justice� 34 The pro bono movement has been largely founded upon a non-empirically based infection theory: once law students are exposed to the opportunities and rewards of providing free legal services, they will internalize those values and provide the public with a life-long career that involves public service� However, this intuitive model and students' self-reports about the effects of law school pro bono programs are just beginning to be empirically examined� For instance, almost a decade ago Deborah Rhode noted that "[s]chools with pro bono requirements have found that between twothirds and four-fifths of students report that their experience has increased the likelihood that they will engage in similar work as practicing attorneys� for a decade� 36 Although Sandefur and Selben were aware of the tremendous number of articles which have celebrated the benefits of clinical education, they were also aware that "existing research does little to reveal, explain or otherwise inform our understanding of the relationship between clinical legal education and the practical and professional development of law students�" The After the J�D� results were mixed regarding the effects of clinical legal education upon new lawyer behavior� First, the attorneys expressed that having taken clinical courses was the third most helpful law school experience in preparing them for practice� 37 However, "on average clinical training experiences during law school bore no relationship to participation in pro bono work by new lawyers working in private practice or as internal counsel… [and] on average, there was little relationship between clinical training experiences and lawyers' rates of participation in community, charitable, political advocacy and bar-related organizations…" 38 There also was not a statistically significant relationship between pro bono activity and those students who entered law school "to help individuals or change or improve society" and those who took clinical courses� 39 On the other hand, there was "a strong relationship between clinical training experiences and public service employment�" 40 Although studies have found that forces outside the law school experience have a greater impact on attorneys' behavior than any school related variables, changes in the law school curriculum might increase the effects of those three years on attorneys' pro bono activities� 41 For instance, specific courses and/or assignments on professionalism throughout the curriculum might increase students' attitudes toward civic duty� In addition, a greater number of clinical course offerings spread among the three year curriculum might have a synergistic effect on students' attitudes� Further, a clinical course in which students select their own cases and projects to match their own political philosophies and interests might provide them a more persistent desire to later engage in pro bono activities� Finally, as Deborah L� Rhode and Scott L� Cummings have recently elucidated, much of the pro bono work in American law is accomplished through large law firm formalized free legal services networks in which an individual attorney's conceptions of public service may directly conflict with the firm's institutional self-interest� 42 One of the principal goals of large In addition, law firm pro bono case selection focuses on individual client representation, "matters which can be completed expeditiously…" rather than on more systemic legal problems like environmental law or homelessness� 47 Since many students, once they are employed in law firms, will have a constricted selection of the types of pro bono cases and clients that they can represent, it is important to provide them with an opportunity in law school to work on cases that they, themselves, find important� Once they gain the confidence to represent "their" public service issues and once they feel the satisfaction of that representation, they may be better equipped and more empowered to attempt to change the pro bono culture in the law firms where they will later work� For the purposes of this paper, I want to explore just one variation on the law school pro bono theme: What effect might student selected clinical cases have upon their attitude toward pro bono activities and upon the persistence of that attitude throughout their legal careers? 48 adult learning theory that self-directed education is more than merely providing students with some discretion in designing their own curriculum� 49 One of the critical results of self-directed learning is that students' projects "are 'owned' by the learner who is in control of what is learned, when learning starts, where it goes, and when it is complete�" 50 Psychological motivation literature also emphasizes that people organize their lives around "a persistent motivation for the experience of 'happiness,' contentment, or well-being" and around the desire for "virtually unlimited choice regarding our own beliefs, attitudes, and behaviors…" 51 In addition, the educational experience cost/benefit analysis regarding ecology and commerce? 58A professor's social justice selection can conflict with the essence of self-directed learning� "In autonomy-supportive contexts, instructors empathize with the learner's perspective, allow opportunities for self-initiation and choice, [and]  provide a meaningful rationale if choice is constrained…" 59 In addition, the nature of the legal task and the students' involvement in those lawyering activities often determine the types and quality of student motivation� Thus, learning may be "intrinsically motivated (i�e�, was undertaken for its inherent interest and enjoyment) or was extrinsically motivated (i�e�, was done to attain an outcome that is separable from the learning itself… [a]utomomous motivation [which] involves the experience of volition and choice… [and] controlled motivation [that] involves the experience of being pressured or coerced�" 60 In addition to motivation, Emily Zimmerman has recently noted that "law student enthusiasm" toward the study of law is a critical determinant of students' quality of educational experiences, their emotional levels of distress, and their post-graduation attitude toward the practice of law as 111

International Journal of Clinical Legal Education Autumn 2011
radically different reactions to the two groups of clients� Some students found the battle of tenants against landlords as a form of crusade for the disadvantaged, while a much smaller group found it very problematic that rent control ordinances and the "technicalities" of eviction law permitted tenants to stay in apartments even though they had unreasonably failed to pay at least a fair rent for the habitable portion of their apartment� Vitality is closely related to self-determination theory since vitality scores increase as tasks are autonomously selected and based upon external motivation� 64 Research on student enthusiasm supports "giving students choices about topics to study� Both interest and vitality can be promoted when individuals feel that they are engaged in an activity of their own choosing�" 65 As Margaret Barry has warned us, there is a "risk of permitting clinic precepts of social justice, commitment and professionalism to deconstruct into alienation, intolerance and mediocre performance" for some clinic students� 66 Although clinical professors may hope that students' reflections upon meaningful lawyering events may be transformative in relation to those students' notions of social justice, we simply do not have sufficient evidence to determine the frequency of such change� 67

III. A review of three years of data regarding the Whittier Law School legal policy clinic
At first my sandbox image and my goal of introducing a legal laboratory for pedagogical play 68  (3) caliber of finished project; and (4) students' self-evaluation and reflection on the processes and products� 71 Although "experts are reluctant to accept problems as defined by others and are willing to explore multiple differential diagnoses in parallel processes theory is increasingly demonstrating that learning theory must assess students' individual cognitive structures in order to properly assess the most effective methods and pace of instruction� Because inexperienced students increase their cognitive abilities "instructional designs need to change� For more knowledgeable learners, the limitations of WM [working memory] are not the same as novices, because previously learned information stored in LTM [long-term memory] can be activated, effectively increasing the capacity of WM for domain-related information�" 72 Therefore, at least at the beginning of the semester providing clinic students with ultimate discretion over project selection is not consistent with educational psychology because "[r]ealistic whole tasks are often too difficult for novice learners without some form of simplification�" 73 In addition, novice student competency regarding difficult task selection is not affected by students' motivation levels; they may be excited about the task or take ownership in task selection even if they lack sufficient competency to determine the variables inherent in case or project selection� 74 Thus, inexperienced law students' motivation and excitement to tackle a social problem might lead to overly ambitious projects that could lead to considerable frustration during implementation� Even though adult learning theory supports student autonomy, the "debate over the benefits and drawbacks of offering choice in the classroom has intensified in recent years… [and] [t]he empirical findings concerning the benefits of choice are equivocal and confusing�" 75 There is no simple equation of: Adult student desire for autonomy + student motivation + student task selection = successful clinical instruction since the process and environment of choice is both complex and involves interrelationships among the professor and the student making the choice and among that student and all other students in the class: Getting Back to the Sandbox Choosing to engage in an activity and choosing a mode of engagement are conceptualized as being affected by three factors: the person's traits, the person's behavior and the environment� For example, teachers' feedback (an environmental factor) influences students' self-efficacy (a personal factor) and leads students to choose more difficult tasks or more complex strategies (a behavioral factor)� In turn, choosing to employ more complex strategies promotes acquisition of skills and can lead students to feel more efficacious, thus inducing them to choose strategies and tasks in the future with even greater complexity� 76 The reverse is also true; if students select topics that are too difficult in relation to their capacity or which are too complicated to perform competently within the constraints of the limited clinic semester, they are more likely to choose future tasks that are significantly less challenging than they are capable of performing� 77 In addition, students' motivational levels may decrease in relation to the negative feedback and/or from a sense of failure they experience from overambitious projects� 78 After considering all of the different educational psychology theories, I chose a semi-autonomous case selection methodology for the Legal Policy Clinic� First, I determined the genres of the legal assignments that students as non-lawyers could file on their own without me signing as the attorney of record: 79 115

International Journal of Clinical Legal Education Autumn 2011
76 Id�, at 430� 77 "[M]ost people tend to choose tasks of intermediate difficulty, as this type of task gives them the most information about their capabilities and provides an optimal opportunity to increase their sense of competence… [i]n contrast, choice options that are too easy or too difficult undermine motivation�" Id�, at 435� Novices use "backward reasoning" which is a form of thinking " 'backward from goals, by mapping the various roads that might be taken to each goal, by proceeding backward step by step along each road and asking what steps have to be taken before each following step can be taken�'" However, experts us "forward reasoning" by taking  , 1993 WL  44562 (Feb� 23, 1993, not reported), a non-party who also was not an attorney filed an amicus curiae brief on behalf of the Virginia Division of Motor Vehicles� The court refused to file the brief, in part, because it was not signed by an attorney as required by Rules of Court, Rules 5A:23(c) and 5A:20(g)� However, the court noted that if the brief had been filed in the person's "individual capacity" rather than as the representative of another person or organization, the signature by an attorney requirement would not have been applicable� (Id�, at *2)� See also, State Bar of Michigan v� Galloway, 335 N� W� 475 (1983); Boumediene v� Bush, 476 F� 3d 934 (2006) [amicus brief denied for other policy grounds]; In re Carlos, 227 B�R� 535 Bkrtcy�C�D�Cal� (May 20, 1998)� 83 Although all "[s]ervice-learning promotes its objectives to increase opportunities for students in the community, strengthen community relationships, and provides integrative learning experiences for students", in order for students to internalize the community service in a way that will have long-lasting effects, students "require a sense of ownership in the civic experience: engage in meaningful experiences, discuss their activities, and make decisions that influence the quality of their service�" Self-directed learning is thus a relevant component to designing and implementing community lawyering projects� Thomsas D� Bordelon and Iris Phillips, Service-Learning: What Students Have to Say, 7 Active Learning In Higher Education 143, 143, 145 (2006)� of my LLM students wanted to write in their native tongue in their community newspapers, I expanded the range of publications for their letters to the editor� The students provided me with the assignment in English and in their own language� The expansion of options noticeably increased some of the students' motivation to write the letters to the editor� The only problem arose when one student who is a political exile chose to write the letter to the editor in his previous hometown newspaper� I was worried that some type of political retaliation might place the student at risk� Thankfully, nothing happened, possibly because his letter to the editor was never accepted for publication� 85 Because of my other responsibilities as Associate Dean for Clinical Programs, I have only been able to offer the Legal Policy Clinic three times� However, I intend to offer the course again in the fall 2010 semester� In the second year of running the policy clinic, based upon student input, I added the following modifications to the assignments: (1) a letter to the editor of any newspaper or journal in the world; 84 (2) the legislative analyses were extended to any bill in Congress or in any state legislature and/or to students drafting their own bills, writing a legislative analysis, and attempting to find a sponsor for their bill; and (3) I permitted groups of students, if they so chose, to work on a community lawyering project� But the greatest difference between these assignments and those that I for years have assigned in my live-client clinics is that the students had sole discretion to choose the topics for each of the lawyering tasks that I assigned� Thus, the clinic had no specific substantive focus� Here is a list of the types and substantive topics of the students' legal projects during the first three years of the and psychological effects will the clinical faculty member have from the mentoring of students on projects that might be antithetical to the professor's own political vision?

A. The partially effaced narrator clinician
We are used to being at the center of the universe in our clinics because we are usually substantive and procedural experts, we choose the types of cases the students will work on, and we are ultimately the one responsible to the client under the rules of professional responsibility� 86 One might conclude from my call for a "sandbox clinic" which is student directed and selected that I am effacing the clinical professor from the clinic experience� 87 Nothing could be further from the truth; a clientless policy clinic permits us to transmogrify into a different kind of mentor� Historically, the triad of clinic professor, law student, and client has forced us to delicately balance our ethical duties of competence and zealousness to our clients with our equally essential pedagogical ethics of providing our clinic students with superb pedagogy� 89 We have debated this balance at numerous clinical conferences and in dozens of law review articles, and as one might expect, no meta-model has emerged� 90 We shed much of this concern in the clientless policy clinic as our focus intensifies on the student, and to a somewhat lesser extent, on the student's choice of topic� In the law school legal policy sandbox the students, to a large degree 91 "construct their own knowledge…" where constructivism replaces "the teacher as the center of knowledge (objective), with the learner (subjective)� Independent of the teacher, each learner's subjective experiences Getting Back to the Sandbox 120 themselves, as well as others' recognition of them as a particular sort of person�" Id�, at 186� 89 Of course, under the modern legal ethics movement the triad is becoming the quadrad as governmental agencies add the community to the list of those for whom the lawyer is ethically responsible, for example, under the Sarbannes/Oxley statute� "In recent decades, the law governing lawyers has begun to fragment� Nowadays, a lawyer's duties often cannot be found in a single body of rules, such as the ABA Model Rules of Professional Conduct, but are likely to vary with the lawyer's specialty, the tribunal or agency before which the lawyer practices, the state or states in which the lawyer is acting, and other factors�" John So, what is the clinician's role in the policy clinic?Even if the professor may not be an expert in the substantive area of the students' chosen projects, 93 the professor still possesses expertise on the procedural aspects of the advocacy� 94 For instance, in my policy clinic I can introduce students to the technical procedural and advocacy skills inherent in the genre of lawyering assignments the students will practice: letters to the editor, legislative analyses, appellate briefs, and community lawyering projects� For example, take the shortest assignment, the letter to the editor� This is the perfect introductory assignment because its structure and content seem so intuitive; a student just reads an article and gets on a computer and types a very short response� However, writing letters to the editor is a microcosm of all legal advocacies� First, the students must determine the procedural rules for this type of advocacy such as the limit on the number of words, the timeline between the article's publication and receiving letters to the editor, and whether or not and to what extent the student must supply identifying information� 95 Second, students must learn the best advocacy strategies for getting their letters to the editor published, the publicity benefits to themselves and their potential law firms and/or clients in using letters to the editor, and the potential political and 121  Discovery, Problem-Based, Experiential, and Inquiry-Based Teaching, 41 Educational Psychologist 75,  80 (2006)� There is also some empirical data that demonstrates that a purely problem based pedagogical model is inferior to one that also includes traditional instruction in "knowledge organization and schema acquisition" which requires a more directed teaching approach� Id�, at 82-83� The model I proffer for the legal policy clinic combines elements of both non-directed and student-selected learning with the more formal and directed elements of knowledge and schema acquisition regarding the legal procedural elements of each genre of public policy advocacy� The public policy teacher/ mentor thus provides specific information to enable students to implement their self-selected and politically defined projects� 95 Some of the students whose letters to the editor were published were very surprised at receiving emails from the journal's editor asking for a confirmation response as a check on the authenticity of the author� Other students have received telephone calls as well� social benefits and risks of publishing their views on controversial topics� 96 But the clinician's place in the policy clinic also entails the traditional roles of mentor and role model� The law's historical apprenticeship system reflects to some degree modern notions of the novice law clinic student learning by emulating the instructor's expertise� "[S]everal strategies for interactions seem particularly important in the replication of expertise: (1) enlisting fully engaged participation by the novice; (2) being directive, but pluralistically so, in offering interpretative guideposts and suggestions for performance, (3) contextualizing performance tasks and being relatively task-centered with respect to the novice's activities, and (4) demonstrating expert performance and exploring exemplars of practice�" 97 Mentoring by modeling is not necessarily inconsistent with student self-directed and student-selected pedagogy� For instance, I offer my students three types of expert modeling experiences� First, during the introduction of each genre of advocacy, and after we have studied the procedures and techniques of our advocacy model for that particular lawyering product, I provide the students with a number of my own work products for their critique� I have noticed that this sharing provides many educational benefits representation of a particular client, some state legislatures permit non-attorneys students to testify before committees� 106 One of the advantages of students having taken the legal policy clinic is that they know the procedures for expressing their views on public policy issues� Hopefully, when these students read an article in the local newspaper or legal journal, they will concerns are mainly pedagogical: Do I have the competence to provide these students with a high quality learning experience?As long as you are able to "check your ego at the door" in terms of your accustomed role as legal expert, there are a variety of methods for marshalling your general legal and experiential knowledge to compensate for a lack of substantive specific expertise� First, this is an excellent opportunity for modeling competent practice and for teaching or reminding students of their ethical duty of competence� For instance, ABA Model Rules of Professional Conduct, Rule 1�1 [2] provides that "[a] lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar…" Rule 1�1 further provides that attorney competence can be acquired "through the association of a lawyer of established competence in the field in question" or "by reasonable preparation�" 107 Even though students are not representing actual clients in their policy clinic advocacy, these same methods are available for your mentoring and for their establishment of sufficient expertise to perform competent policy analysis� For instance, as their mentor, you can work with the students to develop a game plan for their acquiring sufficient expertise for each assignment� 108 In addition, some students' policy projects may require interdisciplinary expertise� However, the client-less policy clinic can avoid many of the most difficult aspects of providing interdisciplinarity to student's clinic experiences� For instance, the serious legal issues of client confidentiality, conflicts of interests, and conflicting rules of professional responsibility among different credentialed experts rarely arise in client-less advocacy� 109 Since the policy clinic does not have a substantive focus, the myriad of interdisciplinary issues which may not often reoccur do not warrant the formal and ongoing associations with interdisciplinary experts often required in liveclient clinics� 110 Thus, the budget, coordination, and student supervision problems associated with 125

International Journal of Clinical Legal Education Autumn 2011
feel empowered to write a letter to the editor rather than just mumbling to themselves their disagreement with the author's opinion� And when they read an appellate opinion with which they disagree, hopefully they will use their tools to seek depublication, a review in the California Supreme Court, or file an amicus curiae petition� 107 ABA Model Rule, Rule 1�1 [2]and [4]� 108 Helping policy clinic students brainstorm the methods for developing sufficient expertise to competently analyze their policy issues provides an opportunity for collaboration between the clinician and student� Since the clinical professor also confesses an absence of expertise, a form of bond can be developed as the "team" works on a roadmap for acquiring expertise� The clinician can relate that many advocates, even in order to engage in competent fact investigation when dealing with  191, 192-194  (2005); 110 For instance, several of the projects in my Legal Policy Clinic have involved psychiatric expert evidence� The legislative analyses regarding the psychological effects of separating siblings and of forcing child abuse victims to testify before the public and press were heavily laden with psychiatric questions� However, rather than having a staff psychiatrist or a formal teaching arrangement with a psychiatrists at another school, I helped the students on a case by case basis� Fortunately, I teach a course, Forensic Child and Adolescent Psychiatry, at the UCLA David Geffen School of interdisciplinary work are much less onerous in the policy clinic� 111 Depending upon your law school context, a number of resources may be readily available on campus� For instance, you may guide a student who is working on an environmental policy issue to the following sources: (1) a colleague with that specialty in the law school; (2) a professor in another department in the university or college; 112 and (3) a list of legal and substantive specialists who might act as a mentor for the project� Finally, if you teach at a free-standing law school or one that is located a substantial distance from your main college campus, you might cultivate a group of law school alumni who are willing to provide guidance to your students in their areas of legal expertise� 113 lawyering skills projects has the collateral benefit of improving alumni relations, and your director of alumni relations may be more than willing to provide you with a list of alumni by area of specialization�

Conclusion
Although there is currently a serious debate regarding the effects of learning style pedagogy on student performance, 114 there is consensus among cognitive researchers that motivationally nuanced pedagogy affects students' performance, persistence, and longitudinal behavior� However, more empirical data is needed regarding the possible connection between self-directed learning in law school and students' life-long pro bono behavior� The clarion call from the American Bar Association, 115 the Carnegie Foundation, 116

Getting Back to the Sandbox
heavily, but not entirely, on collaboration among students within a group�" Marilla D� Svinicki, Moving Beyond "It Worked": The Ongoing Evolution of Research on Problem-Based Learning in Medical I.

of Clinical Legal Education Autumn 2011
on the long-term intrinsic interest of those students to continue with the professor's or an alternative 101 International Journal Learning and its Relationship with Self-Regulated Learning, 20 Educ� Psychol� Rev� 411, 413 (2008)� Although problem-based legal instruction has been demonstrated to increase student motivation and completion of assignments, we must also be aware that the group and problem method can impede some students' progress and may seriously interfere with those students' abilities to concentrate on the content rather than upon the psychological consequences of their anxiety and frustrations� See, e�g�, Wilfired Admiraal, Theo Wubbles and Albert Pilot, College Teaching In Legal Education: Teaching Method, Students' Time-on-Task, and Achievement, 40 Research in Higher Education 687, 700-703 ((1999)� 19 Jane H� Aiken, Provocateurs for Justice, 7 Clinical L� Rev� 287, 287 (2001)� Aiken further states that "I aspire to be a provocateur for justice� A provocateur is one who instigates, a person who inspires others to action… [and] imbues her students with a lifelong learning about justice, prompts them to name injustice, to recognize the role they may play in the perpetuation of injustice and to work toward a legal solution to that injustice�" Id�,

Getting Back to the Sandbox
those that solely represent individual clients; (2) pure policy and/or impact clinics that promote specific justice objectives or which assist targeted communities in advocating positions; and (3) "a combined advocacy model in which students represent individual clients while simultaneously participating in efforts to achieve broader social change�" Jayashri Srikantiah & Jennifer Lee Koh, Teaching Individual Representation Alongside Institutional Advocacy: Pedagogical Implications Of A Combined Advocacy Clinics, 16 Clinical L� Rev� 451, 451-452 (2010)� Skrikantiah and Koh argue that although most individual client representation clinics are based upon a student-centered pedagogy that permits then "ownership" of clients' cases, when the clinic shifts to "institutional advocacy work" the "students should act as collaborators, working as one member of a project team that includes their instructor(s)�" Id�, at 454� Skrikantiah and Koh describe a policy clinic that, in effect, partners with "communities and organizations the clinic seeks to serve�" Id�, a 456� They explain that the traditional clinical model of student ownership does not function well when students work on impact issues affecting larger constituencies because students lack the substantive knowledge, procedural and advocacy strategies, and the time to competently advocate those positions� Id�, at 474-477� In the Policy Clinic model I discuss, infra�, the student is, in essence, her own client since she is the one who has complete ownership in the selection of the legal issue, the research, and the advocacy necessary to perfect that student's notion of social justice� Since there is no attorney/client relationship and no formal relationship with an institutional client, many of the problems identified by Srikantiah and Koh, such as the student's "struggle to establish attorney-client relationships with more sophisticated clients", simply do not arise� Id�, at 475� 29 Idit Katz and Avi Assor, When Choice Motivates and When It Does Not, 19 Educ� Psychol� Rev� www�pili-law�org)� 32 The American Bar Association promulgated ABA Standards 302(b) which requires law schools to provide students with opportunities for "participation in pro bono opportunities" which

of Clinical Legal Education Autumn 2011
However, no systematic studies have attempted to corroborate such claims by comparing the amount of pro bono work done by graduates who were subject to law school requirements and graduates who were not� Nor do we have research comparing the effectiveness of such required programs with well-run volunteer opportunities�"35 A new study brings into question whether the pro bono infection model is actually effective� Sandefur and Selben recently analyzed the data in After the J�D�: First Results of a National Survey of Legal Careers which surveyed 5000 attorneys and which will continue to track those attorneys 105International JournalInterpretation 302-10 specifically defined as: "Pro bono opportunities should at a minimum involve the rendering of meaningful law-related services to persons of limited means or to organizations that serve such persons; however, volunteer programs that involve meaningful services that are not lawrelated also may be included within the law school's overall program�" ABA Standard 404(a) (5) includes "[o]bligations to the public, including participation in pro bono activities" within the definition of the responsibilities of full-time faculty� ABA Model Rule 6�1 provides that "[e]very lawyer has a professional responsibility to provide legal services to those unable to pay� A lawyer should aspire to render at least (50) hours of pro bono public legal services per year�" 33 The AALS, in its pro bono project, Learning to Serve, not only notes that its "Commission's central factual findings indicate that most students do not participate in law-related pro bono projects", but also that "[e]fforts to build broader cultures of commitment must begin in law schools� To that end, the AALS Commission's primary recommendation is that every law school should seek to make available for every student at least one well-supervised pro bono opportunity and either require participation or find ways to attract the great majority of students to volunteer�" Deborah L� Rhode, Foreword to Learning To Serve, at 1-2 (http://www�aals�org/probono/report�html)� The AALS Commission also recommends a broad definition of the types of lawyering activities that constitute student pro bono involvement: "All work that students do for the benefit of others has important values… schools need not adopt a narrow view of what counts as a project that draws on lawyer's skills and knowledge… [and] some of the most satisfying law-related projects currently in place do not involve individual legal representation at all�" (Id� at 5)� 34 Scott L� Cummings, in The Politics of Pro Bono, 52 UCLA L� Rev� 1, at 1 (2004) has provided one of the best descriptions of the evolution of the legal pro bono movement in America: "Whereas for most of American legal history, pro bono was ad hoc and individualized, dispensed informally as professional charity, within the last twenty-five years it has become centralized and streamlined, distributed through an elaborate institutional structure by private attorneys acting out of professional duty� Pro bono has thus emerged as the dominant means of dispensing free representation to poor and underserved clients, eclipsing state-sponsored legal services and other nongovernmental mechanisms in importance�" Cummings has noted significant problems that have arisen as "the professional ideal of pro bono as an act of individual kindness clashes with the image of institutionalized pro bono as an instrument to promote large firm commercial interests�" (Id�, at 107)� He notes that shifting pro bono representation to large for-profit law firms leaves some individuals, groups, and public interest issues substantially underrepresented because the "chief consideration for law firms is cultivating their paying client base� Decisions about pro bono are therefore always filtered through the lens of how they will affect the interests of commercial clients�" Id�, at 116, 147-148� 35 Deborah L� Rhode, Essay: The Pro Bono Responsibilities of Lawyers and Law Students, 27 Wm� Mitchell L� Rev� 1201, 1212 (2000)� "No

Getting Back to the Sandbox 106
Managing Pro Bono: Doing Well By Doing Better, 78firm pro bono practice is to provide skills training to their young associates, and case selection is often driven, in part, by the lawyering activities inherent in the selected representation�43Therefore, cases providing associates with certain skill sets, such as motion and trial experience, are preferred, whereas other potential pro bono activities such as community organizing, lobbying, and legislative analyses are less favored�44Large law firm pro bono case selection is also greatly influenced by the economic and/or political ramifications to the law firm� As a shield "[o]ver three-fifths… of firms" rely upon a law firm committee for pro bono case selection and/or approval�45Large law firms generally categorically reject pro bono representation in employer/labor, mortgage foreclosure, family law and estate planning, and bankruptcy based upon actual ethical conflicts, law firm economic interest in not offending existing or potential clients, and substantive areas with procedures and evidentiary rules different from those used in ordinary civil law practice�46 comprehensive national data exist on the extent of lawyers' pro bono contributions� Full information is difficult to come by because only three states mandate reporting of contribution levels, because the definition of pro bono is often expansive and ambiguous, and because lawyers often stretch its scope to include work for which they expected to be paid but which turned out to be uncompensated or undercompensated�" Deborah L� Rhode, Pro Bono In Principal And In Practice, 26 Hamline J� 37 After the J�D�, supra�, note 36, at Figure11�1and Table 11�1, at 81� The effects upon preparation to practice were, in decending order: (1) legal employ during summers; (2) legal employ during school year; (3) clinical courses; (4) legal writing; (5) internships; (6) upper-year lecture; (7) course concentrations; (8) first-year curriculum; (9) legal ethics; and (10) pro bono� Id� 38 Sandefur and Selbin, supra�, note 36, at 82� See also, Robert Granfield, The Meaning of Pro Bono:

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We know from 107 International Journal the knowledge or the skill will be greater than the rewards of not using it�" Ralph H� Ojemann, Should Educational Objectives Be Stated in Behaviorl Terms?, 68 The Elementary School J� 223, 226 (1968)�

Getting Back to the Sandbox
enhanced by students' "positive emotions like enjoyment, pride, and hope as experienced in educational settings�"52Although legal education has focused on individual students' learning styles for years, 53 only recently has attention been devoted to individual students' emotional reactions to the educational environment� "[I]n classroom learning, students may be especially sensitive to the emotional meanings of their academic experiences, as well as to the experiences of others, who are in such close proximity… Similarly, teachers are simultaneously interacting with Id� at 83� In addition, persistence is related to the concept of self-efficacy, or how individuals perceive their own competence in relation to different challenges� "Empirical research illustrates that students with 'high self-efficacy for a specific task are significantly more likely to do the things necessary to succeed at the task and far more likely to persist in the face of adversity than are individuals with low self-efficacy in relation to that specific task�" Christensen, supra�, note 43, at 72, citing to Ruth Ann McKinney, Depression and Anxiety in Law Students: Are We Part of the Problem and Can We be Part of the Solution?, 8 Legal Writing: J� Legal Writing Inst� 229, 234(2002)� Christensen found that "law students with higher class rank tended to have lower academic self-efficacy" which may, in part, be due to the nature of law school pedagogy� Christensen, supra�, students experiencing a variety of emotions…[and]the teachers' emotions are integral to their motivation and cognition and ultimately their teaching effectiveness�" 54 However, in the majority of law school clinics the clinical professor selects a substantive field of practice and focuses any pro bono efforts on a target group� The professor's act of selection projects to students the professor's subjective sense of "justice"�55However, what effect does the professor's definition of justice have on clinic students who do not share the same ethical, political views, and/or sociological perspectives?56Forinstance, in a law school landlord/client clinic, what does the professor's valuation of representing the tenant have on a student who thinks that, at least sometimes, landlords are the ones who are unjustly treated by the legal system? 57Or in an environmental law clinic, what affect does the professor's normative and evaluative decision to litigate a case to protect an endangered moth have on the student who comes to a very different is multiple groups: tenants in eviction proceedings and parents in the dependency system who were charged with child abuse and/or neglect� Our students had Zimmerman notes that student enthusiasm has two variables, interest and vitality, and that interest is a four staged process in which professors need to tailor pedagogy and both summative and formative assessments according to the students' individual stages of interest and knowledge� 62 Vitality refers to "law students' subjective feelings of energy regarding law study�"63

into Getting Back to the Sandbox
law school curriculum appeared inconsistent with the realities of creating a graded 69 clinical course that must jibe with all law school academic rules and regulations� 70 However, the more difficult problem was actually implementing a student self-directed and self-selected process for legal projects� As I quickly discovered, as legal novices in the area of public policy advocacy, many of the clinic students were not yet equipped with sufficient expertise to intelligently select the types of projects and the specific topics within those projects that they would advocate� 71 Cognitive load the ]ny individual or entity desiring to support or oppose the granting of a petition for review or original writ in the Supreme Court shall lodge a letter in that court in lieu of a brief amicus curiae…�" Finally, in California since filing an amicus curiae brief as a true friend of the court, and not as a one representing a party in the appellate action, is not the practice of law, students can arguably file amicus curiae briefs in the California appellate courts without noting that it is in support or in opposition to any party� For instance, in Duggan v� Commonwealth of Virginia

88 119 International Journal of Clinical Legal Education Autumn 2011
have a special and unique meaning� It is both the student's learning experiences and her perceptions of those experiences that have educational value�"92 now

The challenges for a legal specialist in teaching a general policy clinic
:(1) my willingness to become vulnerable to student criticism quickly helps to establish a bond with the students who, as novices, are equally vulnerable in this new legal environment ;98(2) my sample of published letters to the editor ratifies the success of the strategies discussed in the class readings; and (3) my actual involvement with the lawyering skill as a pro bono activity helps model the goal of life-long public service� Second, after students complete the graded Legal Policy Clinic, they can to volunteer on one of the Clinic's long-term public policy projects� For instance, my public/media child dependency open courts project has been ongoing for more than a decade� 99 That project has resulted in the publication of four law review articles, 100 an hour-long debate with a live-feed to dozens of California courts, 101 numerous MLCE presentations, 102 several legislative National Association of Counsel analyses of different states' proposed open dependency court bills, 103 and my expert testimony in superior court�104The clinic students benefit from involvement with these long-term legal policy projects in a number of ways: (1) they learn that legal change sometimes take years and that the law, even once decided, continues to change in ways that require further policy advocacy; (2) they learn persistence from the professor's modeling in which the long-term legal advocacy continues even after setbacks; (3) they have a chance to see the myriad avenues for policy advocacy involved in a single issue, including action in courts, journals, print media, television, conferences, and in Congress and state legislatures; 105 (4) and once in awhile they have the opportunity to celebrate the success of pro bono policy advocacy� Since legal policy students' involvement in these professordriven long-term pro bono public policy projects is voluntary and does not factor in the students' clinic grade, this opportunity does not interfere with nor frustrate the clinic's sandbox pedagogy of student directed learning� And these continuing projects provide students a roadmap toward a life-long pro bono publico path even if they choose to practice in an area outside the public interest field�106Most of us have developed legal specialties that we often rely upon when teaching specific liveclient clinics� What concerns should clinicians have in teaching a course in which they may not have expertise in many of the areas of law in which the students are performing lawyering skills?For instance, since I never enrolled in a law school tax course and have never practiced tax law, I knew very little about the student's project of writing a legislative analysis of the Armed Services Tax Fairness Act� However, unlike in the live-client clinic, since the clinic supervisor is not ethically responsible for competent, zealous, loyal, and confidential representation to a particular client, the continue B.
expert witnesses, must learn a subject sufficiently to determine what is and what is not relevant expert opinion� 109 One of the oldest interdisciplinary relationships is between clinics that represent children and/or families and the social workers� Since attorneys' ethical universe focuses more narrowly than the social worker's focus of society and the interests to all involved in a dispute, conflicts in confidentiality rules often create risks to clients� "Social workers are mandatory reporters of child abuse and neglect� Lawyers are not��� The development of interdisciplinary practice has spawned a body of literature that addresses the ethical and practical issues that may arise in collaborations between lawyers and social workers�" Jacqueline St� John, Building Bridges, Building Walls: Collaboration Between Lawyers And Social Workers In A Domestic Violence Clinic And Issues Of Client Confidentiality, 7 Clinical L� Rev� 403, 425-426 (2001)� See also, Maryann Zavez, The Ethical And Moral Considerations Presented By Lawyer/Social Worker Interdisciplinary Collaborations, 5 Whittier J� Child & Fam� Advoc�

Getting Back to the Sandbox 126
Medicine, Department of Psychiatry, and I was able to have some of my psychiatric fellows participate in the writing of the legislative analyses� In fact, one of the UCLA psychiatrist's statements regarding the harm to child witnesses testifying in public actually was quoted in the California Legislative Analyst's legislative report� For discussions of collaborations between law schools, lawyers, and psychiatrists, see, Eric S� Janus, Clinical Teaching At William Mitchell College of Law: Values, Pedagogy, and Perspective, 39 Wm� Mitchell L� Rev� 73, 79 (2003); Susan R� Schmeiser, The Ungovernable Citizen: Psychopathy, Sexuality, and the Rise of Medico-Legal Reasoning, 20 Yale J� L� & Human� 163, 166 (2008); Jennifer L� Wright, Therapeutic Jurisprudence In An Interprofessional Practice At The University of St� Thomas Interprofessional Center For Counseling And Legal Services, 17 St� Thomas L� Rev� 501 (2005); Donald N� Duquette, Developing A Child Advocacy Law Clinic: A Law School Clinical Legal Education Opportunity, 31 U� Mich� J� L� Reform 1, 7 (1997); Joan S� Meier, Notes From The Underground: Integrating Psychological And Legal Perspectives On Domestic Violence In Theory And Practice, 21 Hofstra L� Rev� 1295, 1297 (1993); W� Warren H� Binford, Building Pediatric Law Careers: The University of Michigan Law School Experience, 34 Fam� L� Q� 531 (2000); Christina A� Zawisza, Two Heads Are Better Than One: The Caser-Based Rationale For Dual Disciplinary Teaching in Child Advocacy Clinics, 7 Fla� Coastal L� Rev� 631 (2006); Katherine R� Kruse, Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, 14 Wash� U� L� J� & Pol'y 49, 63, 65, 73 (2004); Ann Moynihan, Mary Ann Forgey, and Debra Harris, Foreword: Fordham Interdisciplinary Conference Achieving Justice: Parents and the Child, 70 Fordham L� Rev� 287, 329 (2001)� 112 Some have noted that interdisciplinary programs are much easier to implement at large universities than they are at smaller colleges� Ballard, supra�, note 97, at 490; Sara R� Benson, Beyond Protective Orders: Interdisciplinary Domestic Violence Clinics Facilitate Social Change, 14 Cardozo J� L� & Gender 1, 5 (2007)� Inter-university interdisciplinary collaborations are problematic because of distances between campuses, conflicting academic schedules, and insufficiently flexible professor schedules and "different educational styles and goals between the two professional schools�" Ronald W� Filante, Developing A Law/Business Collaboration Through Pace's Securities Arbitration Clinic, 11 Fordham J� Corp� & Fin� 57, 80-81 (2005)� For a discussion of the many different models of law school interdisciplinary programs, see Karen Tokarz, Nancy L� Cook, Susan Brooks, and Brenda Btratton Blom, Conversations on 'Community Lawyering': The Newest (Oldest) Wave In Clinical Legal Education, 28 Wash� U� J� L� & Pol'y 359, 382-385 (2008); Melissa Breger and Theresa Hughes, Advancing The Future of Family Violence Law Pedagogy: The Founding of A Law School Clinic, 41 U� Mich� J� L� Reform 167, 182-184 (2007); 113 Involving law school alumni in the students'

127 International Journal of Clinical Legal Education Autumn 2011 114
and from the Clinical Legal Education Association 117 for improvements in the practical training of law students has currently morphed into a debate regarding law student assessments and law education outcome measures� 118 The most recent ABA Standards Review Committee draft on outcome For instance, a recent article has concluded that "extant data do not provide support for the learning-styles hypothesis…�" Harold Pashler, Mark McDaniel, Doug Rohrer, and Robert Bjork, Learning Styles: Concepts and Evidence, 9 Psychological Science In The Public Interest 105, 116 (2009)� Pashler, et� al�, studied all current learning style literature and determined that there is insufficient empirical evidence to support the "meshing hypothesis" of learning style data that supports the concept that "instruction should be provided in the mode that matches the learner's style�" Id�, at 108; see also, David Glenn, Matching Teaching Style to Learning Style May Not Help Students, The Chronicle of Higher Education, Dec� 15, 2009 (http://chronicle�com/ article/Matching-Teaching-Style-to/49497/?sid=a)�For a 50-page bibliography of learning style studies, see, http://www�learningstyles� net/ index�php?option=com_docman&task=cat_view&gid=34&Itemid=73&lang=en� For studies on the application of learning styles to law teaching, see, e�g�, R� A� Boyle, Applying Learning-Styles Theory in the Workplace: How to Maximize Learing-Styles Strengths to Improve Work Performance in Law Practice, 79 St� John's Univ� L� Rev� 97 (2005); R� A� Boyle, Teaching Law Students Through Individual Learning Styles, 62 Albany L� Rev� 213 (1998); K� Russo, Effects of Traditional Versus Learning-Style Instructional Strategies on the Legal Research and Writing Achievement of First-Year Law School Students (Dissertation Abstracts International, 63 (07), 2478A)� 115 In 1992 the ABA published American Bar Association, Section On Legal Education And Admissions To The Bar, Legal Education And Professional Development -An Educational Continuum, Report Of The Task Force On Law Schools And The Profession: Narrowing The Gap 3 (1992) [known popularly as the MacCrate Report] which outlined law schools' failure to provide sufficient skills training for law students� 116 In 2007 the "Carnegie Report" was published� See William M� Sullivan, Anne Colby, Judith Welch Wegner, Lloyd Bond and Lee S� Shulman, Educating Lawyers: Preparation For The Profession Of Law (2007)� 117 Roy Stuckey, et� al�, Best Practices For Legal Education: A Vision And A Roadmap (2007)� For an interesting discussion of law student assessment methods, see, Jerry R� Foxhoven, Beyond Grading: Assessing Student Readiness To Practice Law, 16 Clinical L� Rev� 335 (2010)� 118 The ABA's movement to assessment and outcome measures as part of the accreditation process havsbeen rapidly progressing� In 2008 the ABA Outcome Measures Committee concluded that "legal education has lagged behind these other fields in using outcome measures, [and] we should now actively consult the literature in those other fields to learn from them and thereby to replicate their successes and, if possible, avoid whatever pitfalls they encountered�" Catherine L� Carpenter, et� al�, American Bar Association Section Of Legal Education And Admissions To The Bar, Report Of The Outcome Measures Committee 64 (July 27, 2008)� A month later, at its August 2008 meeting, the ABA Standards Review Committee began considering the question of "student outcome measures���" Donald J� Poldon, Chair's