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40 Cap. U. L. Rev. 149 (2012)
Teaching for Lifelong Learning: Improving the Metacognitive Skills of Law Students through More Effective Formative Assessment Techniques

handle is hein.journals/capulr40 and id is 155 raw text is: TEACHING FOR LIFELONG LEARNING: IMPROVING THE METACOGNITIVE SKILLS OF LAW STUDENTS THROUGH MORE EFFECTIVE FORMATIVE ASSESSMENT TECHNIQUES ANTHONY NIEDWIECKI* I. INTRODUCTION With the widespread criticism of legal education' and the proposed changes to the American Bar Association (ABA) accreditation standards,2 law schools are looking for ways that they can better teach students to be lawyers.3 In fact, law schools may be facing a perfect storm for significant Copyright © 2012, Anthony Niedwiecki. * Associate Professor of Law at The John Marshall Law School in Chicago, Illinois. Professor Niedwiecki is currently Director of Lawyering Skills. He would like to thank his research assistants, Michelle Imber and Jamie Budler. He also would like to thank The John Marshall Law School for their financial grant and support. 1 See RoY STUCKEY ET AL., BEST PRACTICES FOR LEGAL EDUCATION 1 (2007) [hereinafter BEST PRACTICES]; WILLIAM M. SULLIVAN ET AL., EDUCATING LAWYERS: PREPARATION FOR THE PROFESSION OF LAW 12-13 (2007) [hereinafter CARNEGIE REPORT]. In the author's opinion, these reports, issued in 2007, are considered the most important reviews of legal education. In addition to these high-profile reports, there has been a great deal of discussion about the high cost of legal education in a declining job market for lawyers. See David Segal, Is Law School a Losing Game?, N.Y. TIMES, Jan. 9, 2011, at BUL. 2 See AM. BAR ASS'N, CHAPTER 3: PROGRAM OF LEGAL EDUCATION, DRAFT FOR JULY MEETING (2011), available at http://www.americanbar.org/content/dam/aba/migrated/201 1_ build/legal education/committees/standards-reviewdocuments/july2011 meeting/2011062 1 ch 3_programnoflegal educationredlined to standards.authcheckdam.pdf [hereinafter ABA DRAFT]. The ABA, the main entity that accredits law schools, proposes changes to the accreditation standards in Chapter 3: Program of Legal Education to focus on learning outcomes and assessment. Id. The most recent version of the proposed standards was released in July 2011. See AM. BAR ASS'N, STANDARDS AND RULES OF PROCEDURE FOR APPROVAL OF LAW SCHOOLS 2011-2012 (2011) [hereinafter ABA STANDARDS]. 3 See, e.g., Mary Ann Becker et al., Assessment, THE SECOND DRAFT, Fall 2010, at 2-3; Tonya Kowalski, True North: Navigating for the Transfer of Learning in Legal Education, 34 SEATTLE U. L. REV. 51, 64 (2010) (suggesting that students can benefit from seeing the kinds of transferrable knowledge and active learning skills that are emphasized in the transfer method of learning); Ira P. Robbins, Best Practices on Best Practices : Legal (continued)

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