Virtually every
aspiring law student asks the same fundamental questions: Am I prepared for
this? Can I do it? Will I make a good attorney? These are appropriate
questions, particularly in light of recent large-scale research studies indicating
that many of today’s college graduates may lack proficiency in the foundational
critical thinking skills required to succeed and excel in the study and
practice of law. These findings have
sent shockwaves through the academy, calling into question the value and efficacy
of higher education, particularly when it comes to equipping graduates with the
advanced reasoning and problem-solving skills most in demand in the 21st
Century. As these students enter law
school, the legal academy faces intense scrutiny for failure to adopt valid
empirically based teaching approaches and demonstrate adequate educational
results, prompting the American Bar Association to exercise its regulatory
authority to mandate that law schools must now demonstrate learning outcomes.
Dr. Brett Brosseit,
Director and Assistant Professor of Advanced Critical Thinking at the Ave Maria
School of Law in Naples, Florida, seeks to change the equation so that law
students can pursue their chosen profession with skill and confidence. According to scholars familiar with the state
of legal education, traditional law school academic support programs cannot
address the widespread fundamental deficits in critical thinking among incoming
students, and a scarcity of research has left the legal academy calling for
empirical guidance to inform cohesive approaches to the systemic challenges it
faces. In light of this, for the better
part of the last decade, Dr. Brosseit has dedicated his career to researching
empirically based methods of accelerating the development of critical thinking
skills in law students. Dr. Brosseit draws from the strongest lines of research
in the learning sciences, including adult education, psychology, neuroscience,
and sociology, to inform innovative new approaches to the current challenges
facing legal education. His results appear
promising.
“The good news,”
says Dr. Brosseit, “is that critical thinking skills can be developed, although
little research exists on the formation of thinking skills in law students.” As
he explains, however, “students are unlikely to fully develop the key
intellectual skills associated with top success in legal studies and practice
in the absence of focused instruction and deliberate practice.”
Dr. Brosseit
recently conducted a grounded theory research study to formulate a
comprehensive model of the development of critical thinking in law students.
The resulting Critical Thinking in Law Students (CTLS) model provides the legal academy with empirical guidance to
formulate new strategies to improve learning outcomes and comply with
regulatory mandates, while also offering the broader academy insight into the
intricate combination of factors that affect the ability of higher education
institutions to provide their students with effective education for the development
of higher order thinking skills. The CTLS model takes into account the dynamics
that impede the development of strong critical thinking skills in law students
and identifies the key factors that, when addressed by law schools at an
institutional level, contribute to the optimization of students’
performance.
“By incorporating
the most promising evidence-based approaches from various disciplines,” Dr.
Brosseit notes, “professors can help law students optimize their intellectual
and professional performance for superior results, similar to the way that
skilled coaches help Olympic athletes attain peak performance.” As a result,
many of Dr. Brosseit’s students develop a “confidence born of competence” that
stems from the ability to accurately self-assess their own legal learning and
problem-solving skills and make effective strategic decisions to overcome
barriers to success and advance toward expert-level performance. Scientists call this type of skill
“metacognition,” and research indicates that differences in learners’ levels of
performance are more strongly related to differences in their metacognitive
abilities than to differences in their intellectual abilities, giving those
with advanced metacognitive training a distinct advantage in competitive
academic and professional environments.
As a pioneer in
the science of legal learning, Dr. Brosseit puts his research findings into
practice and constantly assesses and refines his teaching strategies for
optimum results. To obtain the most accurate outcome information possible, Dr.
Brosseit gathers and compares different types of assessment data on his
programs, an approach known as triangulation. Dr. Brosseit tests his students
for various constructs, such as metacognition, before and after their coursework
to acquire statistical data. He then compares this data to the outcomes
students report in detailed surveys, and he carefully analyzes the individual
statements they provide to gain a clearer understanding of their intellectual
development and level of mastery of key legal learning and problem-solving
skills. He uses this information to help individual students, to further refine
his teaching strategies, and to zero in on fruitful new areas of inquiry for
his research.
The
formulation of a comprehensive model of the development of critical thinking in
law students, and the establishment of an evidence-based curriculum for the
optimization of law students’ critical thinking with measurable results, take
on increased significance in light of the recent changes in the ABA standards
that require law schools to demonstrate learning outcomes. While the results of Dr. Brosseit’s CTLS
model and critical thinking program are indeed encouraging, he emphasizes that
researchers are just beginning to scratch the surface of understanding how
advances in the learning sciences can accelerate the development of students’
legal learning and problem-solving skills. “It is vitally
important that legal educators and researchers aggressively pursue this line of
inquiry for the benefit of individual students, and society as a whole,” Dr.
Brosseit urges. “Lawyers play a critical role in
maintaining social justice around the globe, and a strong legal education
system helps protect the rights and liberties of future generations.” As Dr. Brosseit
explains, “the capacity of today’s law school
graduates to address the problems of an increasingly complex and rapidly
evolving world serves as a bellwether for the future health and prosperity of
democratic society.”
