Cultural Competency as a Learning Outcome in Legal Writing

Eunice Park (Western State) has a short piece on SSRN, featured in the SSRN Legal Writing eJournal and published in the AALS Teaching Methods Newsletter, about assessing cultural competency in a legal writing appellate advocacy exercise. Cultural competency is listed in Interpretation 302-1 as an example of a “professional skill” that would satisfy Standard 302’s requirement that a school’s learning outcomes include “[o]ther professional skills needed for competent and ethical participation as a member of the legal profession.”

Professor Park writes:

Legal writing courses provide an ideal setting for raising awareness of the importance of sensitivity to diverse cultural mores. One way is by creating an assignment that demonstrates how viewing determinative facts from a strictly Western lens might lead to an unfair outcome.

In writing a recent appellate brief problem, I introduced cultural competence as a learning outcome by integrating culturally-sensitive legally significant facts into the assignment.

She goes on to describe the appellate brief problem and how it helped meet the goal of enhancing students’ cultural competency.

Publishing Learning Objectives in Course Syllabi

The new ABA standards are largely focused on programmatic assessment: measuring whether students, in fact, have learned the knowledge, skills, and values that we want them to achieve by the end of the J.D. degree. This requires a faculty to gather and analyze aggregated data across the curriculum. Nevertheless, the ABA standards also implicate individual courses and the faculty who teach them.

According to the ABA Managing Director’s guidance memo on learning outcomes assessment, “Learning outcomes for individual courses must be published in the course syllabi.”  Continue reading