8
SCHOOL OF LAW LEGAL STUDIES RESEARCH PAPER SERIES PAPER #12-0001 JANUARY 5, 2012 Should Laptops Be Banned? Providing a Robust Classroom Learning Experience Within Limits Robin A. Boyle EMAIL COMMENTS TO: [email protected] ST. JOHNS UNIVERSITY SCHOOL OF LAW 8000 UTOPIA PARKWAY QUEENS, NY 11439 This paper can be downloaded without charge at: The Social Science Research Network Electronic Paper Collection http://ssrn.com/AbstractID=1980317

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SCHOOL

OF LAW

LEGAL STUDIES RESEARCH PAPER SERIES

PAPER 12-0001

JANUARY 5 2012

Should Laptops Be Banned Providing a Robust Classroom Learning Experience Within

Limits

Robin A Boyle

EMAIL COMMENTS TO

boylerstjohnsedu

ST JOHNrsquoS UNIVERSITY SCHOOL OF LAW

8000 UTOPIA PARKWAY

QUEENS NY 11439

This paper can be downloaded without charge at

The Social Science Research Network Electronic Paper Collection

httpssrncomAbstractID=1980317

Technology1aboundstodayrsquos law students Laptops iPods iPads and BlackBerrys are just a

few of the newly developed modes of communication note-taking and music-storing devices

that creep into our vocabulary ndash and studentsrsquo backpacks Given the competitive nature of law

school students understandably bring laptops to class hoping to maximize their performance

Unfortunately for all involved students use their laptops beyond the task of note-taking The

distractions that present themselves in class have led law professors to complain on various fora

about the frequency of laptop use in the classroom Some posit that studentsrsquo inappropriate use of

laptops in the classroom has exceeded acceptable limits 4

As a result some law professors have banned laptop use in their classes 5while others have

allowed laptop use with restraint Research reveals that laptops are beneficial for those whose

learning style complements their use laptop use may also slightly benefit all students regardless

of learning style Because laptops appeal to both tactual-8and visual-oriented learners9and may

additionally benefit the whole class regardless of learning-style preferences I advocate a

moderate position Professors should permit laptops in the classroom but subject to controls that

can channel benefits and minimize distractions Particularly for a skills class such as Legal

Research and Writing it would be crippling to ban laptops For casebook courses some students

if not all would benefit from continued use of laptops - within limits

8

1advocate

a ~moEie rale

position

Professors should

peltlnit lapt ops

in the classroom

butsuIDjett to

controls tbat can

channel benefits

and minimize

distractions

Perspect ives Teaching Legal Research and Writing Vol 20 I NO 1 Fall 2011

Cite as Robin A Boyle Should Laptops be Banned Providing a Robust Classroom Learn ing Experience With in Limits 20 Perspectives Teaching Legal Res amp Writin g 8 (2011)

Should Laptops Be Banned Providing a Robust Classroom Learning Experience Within Limits By Robin A Boyle

Robin A Boyle is Assistant Dean for Academic Success and Professor of Legal Writing St Johns University

School of Law

Introduction

Technology abounds todays law students Laptops

iPods iPads and BlackBerrys are just a few of the

newly developed modes of communication note shy

taking and music-storin g devices tha t creep into

our vocabulary - and students backpacks Given

the competitive nature oflaw school students

understandably bring laptops to class hoping to

maximize their performance Unfortunately for

all involved students use their laptops beyond

the task of note-taking The distract ions that

present themselve s in class have led law professors

to complain on various fora about the frequency

of laptop use in the classroom Some posit that

students inappropriate use of laptops in the

classroom has exceeded acceptable limits

bull Special than ks to Prof james Levy Profs Kathr yn Stanchi and Richard Neumann leaders of the ALWD Writers Workshup held at Hofstr a Law School Prof Amy Stein chair of the Hofstrawritcrs Workshop Paul Skip Laisure Esq Research Assistants Christopher

Linden Joel Acevedo and Alison Weintraub and the late Dr

Rita Dunn Comments questions and suggestions are welcome shyboylerstjohn sedu

1 See generally M H Sam Jacobson Paving Atte ntion or Patally Dis tmaedeLmun rat ion -Iema and Alulti-Tasking in II Multi-Media Worltl 16 Legal Wr itin g) Legal Writing In 1419 (2010) (describing problems associated with fast-paced techn ology

and students developin g mind s)

2 Eg 2008 AALS Annual Meeting by the Section on Teaching

Meth ods called Attractions and Distractions Student Use of Laptop

Comp uters in the Classroo m which was held in NY NY

3 See IeftS overn Law Student Laptop Use During Class for Non-C lass Purp oses Temptation v Incen tives draft posted http

paper sssrn comsoI3paperscfm abstraet id =1805107 (last

visited july 2 20 ( 1) (Thi s study has found that many stude nts

are significantly distracted in law school classes) Carri e BFried In-Class Lap top Use and Its Effects on Stude nt Learning 50(3)

Computers amp Educ 906 910 (2008) (reporting that laptop users ad mitted to spending an average of 17 min utes of a 75-minute class

on something other than note-taking)

As a result some law professor s have banned laptop

use in their classes while others have allowed

laptop use with restraint Research reveals that

laptops are beneficial for tho se whose learn ing

style complements their use laptop use may also

slightly benefit all students regard less oflearning

style Because laptops appeal to both tactu al-and

visual-oriented learners and may additionally

benefit the whole class regard less oflearningshy

style preferences I advoca te a moderate position

Professors should permit laptops in the classroom

but subject to controls that can channel benefits

and minimize distractions Particularly for a

skills class such as Legal Research and Writing it

would be cripp ling to ban laptops For casebook

courses some students if not all would benefit

from continued use oflaptops - within limits

Learning-Style Model

Learn ing style is the way in which each person

begins to concentrate on process and retain new

4 See Kevin Yamamoto) Bannilg [apfops ill the Classroom Is it Vorth the Hassles 57 JLegal Edu 477 (2007) (describin g his reasons

and experience banning laptops in his tax class) Nancy G Maxwell

From [acebook to Folsom Prisoll Rlues How Ballning 1lIplOps in the CtlS om Made Me A Better Law School Teacher 14 Rich JL amp Tech 4 (2007)

5 See egbull Kristen M urray Let Them UseLaptopsDebunking lhe Awmplions Underlying the Debate oa laptops in ti le Classroom 36

OlJa City U I Rev 185 (2011)

6 See Maur een Martin i An Analysis of the Relationship(s) Between

and Among Computer-Assisted Instru ction Learni ng Style Perceptu al Preferences Attitudes and the Science Achievemen t of Seventh Grade

Students in a Suburban New York Schoo l District 15-16 (1986) (Ed D

dissertation SI Johns University) Dissertat ion Abstracts Int I 47 877A (on file with au thor)

7 See id at 15-16 (explaining that to study students ability to

absorb tactu ally she provid ed a lesson through computer-assisted

instruction) Robin Boyle amp James BLevyThe Blind Leadin g the

Blind What If Theyre ~ot All Visual or Tactile Learners 22(2) The Second Draft 6 (2008)

8 See Martini supra note 6 at 15- 16 (explainin g how visual

learners prefer to learn thr ough use of pictures d iagrams books and resources that require reading and seeing)

9 See generally [ana R McC reary 1111Iplop-Fr(cZ Olle 43 Val

U L Rev 989 1016 (2009) (concluding that both global and analytic learners can benefit from using a laptop in a classroom )

9 Perspectiv es Teaching Legal Research and Writ ing Vol 20 No1 Fall 2011

and difficul t information A learning-style

mode l develope d by Drs Rita and Kenn eth Dunn

(Dunn and Dunn Model) is based upo n more

than three decades of research spanning 135

institutions of higher education throughout the

world Cur rently the Model includes 26 learn ingshy

style elemen tsI I These 26 variables are subdivided

into six stimulus strands Perceptua l Psychological

Physiological Emotional Environmental and

Sociological Researchers have verified and

offered independent empirical support of the

efficacy of the Dunn and Dun n methodology

The tactual elemen t is included within the larger

category of Perceptual Strengths Taetual learne rs

need to handle and ma nipulate instruc tional

ma terials in order to best absorb new and

difficult information During lectures tactual

learn ers retain the information best if they

engage in small motor skills Tactual learn ers

10 Rita Dunn amp Shirley A Griggs Multi cu lturalism and Learning

Style Teaching an d Co unse ling Adolescents 14-15 (1998 ) See Rita

Dunn amp Kenneth Dunn Teaching Secondary Students Thr o ugh Thei r

Ind ividual lea rni ng Styles A Pract ical Approach for Grades 7- 12 2

(1993) (applicable 10ad ults as well as yo ung learners)

II See the learning-sty les website at wwlea rni ngstvlesnel (last

accessed o n July 2 20 11) Susa n Rundle amp Andrea Honi gsfeld with

Rita D unn Buildin g Excellence An Ed ucators Guide to th e Lea rning

Individ ual (2007)

12 See Rundle Honigsfeld with Dunn supra note I I at 8-9

Percept ua l Streng ths includes audi to ry visua l tactu al and kines theti c

preferences Psych ological Strengt hs includes global v ana lyt ic

pro cessing impulsive v reflective PhyslologlcalStrengths include

lime-of-day energy levels food or liq uid intake and mob ility whil e learning Emotional Strengths include motivation persistence

(completing oue task at a tim e or mu lti-taskin g) respon sibili ty

(confo rmity v nonco nform ity) and structure Enviro nme nta l

Strengths inclu de sound ligh t temperature an d furn itureseating

design Socio log ical Streng ths include learn ing in alo ne pairs

grou ps with out au expert and variety of ways v consis tent patter ns

fERobin A Boyle amp Rita Dunn Tea ching taw Students Through

Indi iduill teltmling Slrl 62 Alb I lk V 213 224 -25 (1998) (after assessing the learn ing styles of first-yea r students at St Johns

Un iversity School of Law concluded that law stude nts were d iverse

in their learning style s )

I J Ralp h A Terregro ssa Fred Eng lander and Zhaobo Wang

Wh y Learn ing Styles Matte r For Student Achievem en t in Co llege

Eco nomic s9(1) J Econo mic Ed ucators 16 30 (Sum mer 2009)

14 See Patr icia Mur phy Raupers Researc h on Perceptual

Streng ths I See What You Mean I Hear Wh at You Say Are You

Stayi ng in Touch Are You Moving My Way in Synthesis o f the

D un n and D unn Learning-Style Model Resea rch Wh o W hat W hen

Whe re and So Wh at 23 23 (Rita Dun n amp Shirley A Gri ggs eds bull3d

ed 2oo7)

learn best by taking notes trad itionally such

as with pen and paper or on chart paper

The visual element is also included within the

category of Perceptual Strengths The Dunn and

Dunn Mode l along with Building Excellence

an onlin e assessment tool distinguish

between visual-picture learners and visual-text

learnersIS Visual-picture learners learn best

if they create or refer to pictures flowchar ts

or graphs Visual-text learn ers prefer text in

hand outs overheads or casebooks to help them

retain an auditory presentation or lecture Not all

adults are visual learners but those who are can

remember 75 perce nt of the academic information

they have read during a 30-40 minu te interval

Is Ther e Validity to the Theo ry that Matching Instructional Strategies to Indiv idua l Learn ing Style Improves Learni ng

Numerous stud ies have found that students learn

best when taught with complementary rather than

dissonant instructional strategies Although

[ijndividuals differ in how they absorb and

process new and difficult information the

mater ial is best absorbed and processed according

to their primary learning-style strengths Study

after study indicates patterns between academ ic

ach ievement and learning style giving researchers

15 See Rundle amp Honigsfeld w ith Dunn supra note II at 23

16 For more information go to wwwlearningstvlesnd (last accesse d July 2 20 11)

17 See Rundle amp Honi gsfeld with Dunn supra note 11 al 18-19

IS ampe iltlaI 20 -2 L

19 See iii at 19

20 See id at 2 L

21 Rita Dun n Ar min RIhies And rea Honl gsfeld Syn thesis o f

the Dunn and D unn Learn ing-Style Mod el Resear ch Analysis from a

Ne uropsychological Perspective 8 (200 1) (St John s Universtty School

o f Educ amp Hum Serv)

22 Id a19 Dunn amp Griggs sup ra note 10 at 20 (W hen

adolescents were introduce d to new material through th eir per ceptual

pr eferences they remembered significantly more than when they

were in troduced to sim ilar materia l th rou gh th eir least -preferred

mod ality )

2J Dunn Thies amp Honi gsfeld supra notc 2 1 at 9 Dunn amp

Griggs supra note10 at 7

Numerous

stud ies nave

found that

stude nts learn

best when

taught with

complementary

rather than

dissonant

inst ruetionaI

strategies

10 Perspectives Teaching Legal Research and Writing I Vol 20 I No1 I Fall 2011

[C]Orflputer use

is both ta ctuali amd visual It is

tactua l Deca use o~

the use rshea~

reliance upon

I4sing Gnestllmds

and itisv isual

because of the

imag~s proJecte(Ji

onthe screen

fur ther cause to believe that learning style

and brain functions are connected

For example Ralph Terregrossa and othe rs

recently found that lear ning style characteristics

of students (in a college economics cour se] do

appear to have a sign ificant relation ship to the

students achievement Th ese researchers

inferred that student performance can be positively

influenced by conveying the subject material in

a congruent manner to the learning style of th e

students Similarly in a study involving adults

Joanne Ingham found that when truck drivers

mechan ics and managers were taught using an

instructional style that matched their learn ing-style

preferences they learn ed Significantly moreF

Research ers had similar finding s for college

students Rachelle Maltzman found pos itive

result s when she taught developm ental

college students reading and writing using

instructional str ategies that compl emented

their learn ing style Regina Rochford also

taught developm ental college students with

instructional materials that complem ented

their learning-style preferences Rochford

found statistically higher wr iting-test scores in

her study result s when the students materials

complemented their learning style

Thus if students understanding of course

content improves when the method for

24 See genera lly Du nn amp Grigg s supra note 10 at IS

2 Terregrossa et al sllpra not e 13 at 29

26 1d

27 Joanne M Ingham Matching Instructio n with Empl oyee

Percept ual Prefere nce Significantly Increases Train ing Effectiveness

2(1) Human Resource Development Q 53 62-63 (Spri ng 1991)

28 Rachelle Maltzrnan Effects of trad itional versus learni ngshy

style st rategies on commun ity college stud ent s ach ieveme nt in and

atti tudes toward developm ental read ing and writing 153(2008) (Ed

D dissertation on file with St Joh ns University)

29 Reg ina Rochfo rd Effects of learning-style responsive

materials on underachieving remedial-writing studentsat an urban community college (2004) (Ed D disser tation St Johns Universi ty)

Disserta tio n Abstrac ts lntI A64 (12) (on file with St John s

Un iversity)

30 ld

learning complements their learning style one

can dedu ce that laptop use in the classroom

would provide a ben efit to tho se studen ts who

pr efer tactile and visual learn ing Researcher

Maureen Martini proved just that

Is Computer Use both Tactua l and Visual

According to Maureen Mar tinis study computer

use is both tactual and visual It is tactual

because of the users heavy reliance upon

using ones hands and it is visual because

of the im ages projected on the screen

Martinis study focused on computer usage

and the matching and mismatching of students

with instruction al strategies She studied the

relationshipts) between perc eptual learning style

characteristics and computer-assisted instru ction

and the effects of matched and mismatched

condition s on student achievement in science

and attitudes toward each strategY32 Specifically

after assessing the learning styles of seventh

grade subjects she ascertained which ones were

auditory tactu al or visual among other learni ngshy

style elements In one part of the study Martini

provided the same science con tent to students in

ways that complemented their learni ng styles For

instance auditory-preferenced students received

the subject matt er by means of a cassette and

tape recorder The tactual students received

comp uter-assisted instruction by drill and

practice tutorial s simulation probl em solving

games testing and evaluation diag nosis and

prescnption gt Th e visual students received the

same science content as the other two but through

31 Mar tini sopra note 6

32 d at 11 Stud ent s atti tud es in co njun ction with their

learn ing styles were explored in th is study

33 See ~ The Learning Style Inventory was the assessment tool

osed in th is study wh ich is bas ed upon th e Dunn and Dunn Model Id at 15-18 69-7 1

31 See id at 16

35 d

11 Perspectives Teaching Legal Research and Writing Vol 20 I No1 Fall 2011

presentation in written form The study also

mismatch ed students by random assignment In

this way students who were tactual for instance

were given the cont ent in either auditory (by using

a cassette) or visual form (reading materials) All

students level of achievement in the subject matter

was determined by criterion-referenced tests

The results of the Martini investigation revealed

the matching of ind ividual students identified

perceptual preferences with complementary

instructional methods increased science

achievement test performance Mart ini

summarized her study [t]he results verified

the effectiveness of matching instru ctional

methods with the diagnosed perceptual

preference of individual students

Mart ini also found that the computer-assisted

instruction was most effective for all thre e

categories of learners - auditory visual and

tactual - although it was more effective for tactu al

students than for the oth er two In applying

the Mart ini study to what we know about the

diverse learning styles of law students laptop

use during class may be somewhat beneficial for

all students but ideally for tactual learners

Research er William Clarke conducted a study

with low-skilled and below-average skilled

high school students measuring whether their

math skills improved (or declined ) when given

computer-assisted instruction Clarke found

that students improved their math skills to a

greater extent in a computer settin g than in a

36 1a

37 lei at 69

38 lei at 16middot17 73middot 76

39 uat 96

40 ld at 104

oil ld at 107

42 William Robert Clarke the effects of comp uter ized inst ruction

on th e improvement and transfer o f math skills for low-skilled and

below average-skilled sopho more students co nsidering student

gender eth niciry and learn ing style preferences 5 57 ( 1993) (ed D

Dissertation University of La Verne)

non-computer setting Those with mobility and

tactile learning-style preferences showed significant

improvement in their math skills Clarke

dedu ced that because the dominant trait of

tactile learners is the continuous hand activity

this need was satisfied with the students hand

man ipulat ion of the computer keyboard

Thus students who underachieve academically

can improve their academic performance when

they are taught in ways that complement their

learning style Th is is true for tactual (and

kinesthetic) students whose learning-style

preferences are often overlooked in conventional

schools In applying the findin gs of these stud ies

to law students we can predict that those who

are tactu al and visual would benefit from laptop

use in the classroom because it complements

their learning style To prohibit their use of

laptops could actually retard their development

Are Young Adu lts Mo re Likely To Be Tactual andor Visual

Studies have shown that Generat ion X is

slightly more tactual than others For example

researcher Renee Cambiano found that Baby

Boomers would not find tactual engagement

(note-taking) as advantageous as would the

Gen X population Closer to home Boyle

43 ld at 8 1 87

11 lei at 87

15 Id

46 See Haver Crosley Effects of Tradi tional Teaching 5 A

Mu ltisensory Inst ructional Package of the Science Achievemen t and

Attitud es of Eng lish Language Learn ers Middl es-School students

and English-Speaking Middl e-School Students 86 (2007) (Ed D

dissert ation St Johns University) (on file with autho r) Haver Crosly

foun d tha t tactua lkinesth etic-preferenced middle-schoolers achieved

their best when using instructional materials (the content as

science) that were congruent with their learn ing styles

47 Renee Cambi ano LearningPreferences of the Age Cohorts Generation X Baby Boomers aneithe Silent Generation 15 70

(l999) (Ed D Doctoral Dissert ation Univers ity ofMe mp his) (on

file with autho r) She found significant differences between the Baby

Boom er Ge neration (birth years 1943- (960) and both the Gen Xers

(birth years 1961 - 1981) and th e Silent Generation (birth years

1925 - 1942) on tactu al pre ferences Her results indicated that Gen

X and the Silent Ge nera tion pre fer to use manipulativcs to lear n

new inform ation and to engage in note-taking whi ch would be less

effective for th e Baby Boo mers lrl at 70 The popul ation for th e

Carnbiano study was gra duate studentsld at 21

hirapplying the

findings of these

5tucliestb law

students We can

ratedietthat those

who are tactual

amdVi~ualwould

IrJenefit from

laptop use in the

classroom

12

Atmiddotthe outsetlt

inform students

abQut r~ported

resultsinaicati rig

that students can

be distractedby

Inappropriate

websitesoriing

and emailing

during Glass)

Perspectives Teaching Legal Research and Writing

and Ingham found that Generation Xers in

law schools are slightly more tactual than their

professors It is important to note that the

percentage of those who strongly prefer to

learn tactually or visually is small in any cohort

Thi s Authors empirical studies oflaw students

conducted over a ten -year period indicate that

only approximately 20 percent demonstrate a

preference for tactual learning and fewer than

that 10 percent are visual learners Additionally

Boyle Minneti and Honigsfeld found that

law students were less tactual compared with

their peers in oth er academic disciplines

Im plicat ions for the Classroom

Although teachers need to find their own

hom eostasis in their classroom s the complet e

prohibition of laptops is less than opt imal for

tactual and visual learners who actually use them

for appropriate purposes When students are

taught in ways that complement their learning

styles they will improve academically And

as the Martini study indicated there may be

some benefit to all students regardless oflearning

style who use laptops for note-taking and other

I Vol 20 No1 Fall 2011

instructional purposes while in class Thus

professors should allow students to use their

laptops in their classrooms but within limits

To curb laptop distractions professors

could try a variety of approaches

bull At the outset inform students about reported

results from prior studies indicating that

students can be distracted by inappropriate website

surfmg and emailin g during classSol Explain

that there are consequences for distractions

bull Give students notice of penalties for

inappropriate laptop use which could

include a ban for the entire class for the

remaining class period (this sparks peer

pressure on the offending student)

bull Announce Alleyes on me when wayward

eyes focus on the monitors at unusual times

bull Suggest at appropriate times to close laptops

bull Develop a written laptop policy and place the

statement prominently on the course syllabus

bull Move the lecture along to a point where

the students need to interact with each

other or with pen and paper

48 Joanne Ingham amp Robin A Boyle Generation X in Law School How These ta w Stude nts are DifFrent from Thse Wh Teach The1ll 56 J Legal [ duc 281 graphs A B amp C (2006)

49 Sec Boyleamp Dunn supra note 12 at app 2 Robin A Boyle Bringing Learning-Style Instru ctional Strategies to LawSchools You Be the Judge in Practical Approaches to Using Learning Styles Application in Higher Edocation 158 160 tbl 174 (Rita Dunn and Shirley A Griggs eds Bergin amp Garvey 2000) Robin A Boyle amp Lynne Dolle Providing Structure to Law Students - In troducing the Programmed t earning Sequence a an Tntructional Tool 8 Legal Writing I Legal Writing Inst 59 at app A (2002) Robin A Boyle Karen Rosso and Rose Frances Lefkowitz Presenting a New Instructional Tool fo r Teaching Law-Related Courses A Contract Actiity Packagefo r Motivated and Independent Learners 38 (I) GOIlZ L Rev I at app A (2003) Robin A Boyle Empoving Activeshy

LearniS Techniques and Metacogllilion in Law SchoolShifting Energyrom Irofessorto St dent 81 U Det Mercv 1 Rev I at app A (2003) Robin Doyle Jeffrey Minneti and Andrea Honigsfeld Law Students Are Different fr om the Genera Populat ion Empiricul Findings Regarding Learning Styles 17 (3) Perspectives Teaching Legal Res and Writing 153 (Spring 2009)

50 See Doyle Minneti amp Honigsfeld supra note 49 at 158-59

51 See Martini supra note 6Terregrossa et al supra note 13 Matlzrnan sp ra note 28 Rochford supra note 29

52 Sec Martini pra note 6

53 See eg Sovern supra note 3 Fried supra note 3

54 See Tracy McGaugh Laptops in the Classroom Pondering the Possibilities 14 (3) Perspectives Teaching Legal Res amp Writing 163

(2006) (suggesling that professors first acknowledge to students that

there is a potential problem with inappropriate laptop use in class)

55 See Fried supra note 3 at 912 (suggesting thai professors warn students about the pitfalls of inappropr iate laptop use during class time)

56 See McGaugh supra note 54

57 lhis Author has Singled out one or two individuals and stated flatly closeyour laptops when these students were blatantly smirking and typing at inappropriate times 111is curbing sets a tone for the

rest of the class I have also talked to students outside of classabout whether their use of laptops pert ained to class matters

58 For example I provide the following written policy on my syllabi Laptop policy Students may use their laptops in class for purp oses of taking notes or other academic work associated with

my course Laptop use inconsistent with this policy may result in sospension of laptop privilege in class

Perspectives Teaching Legal Research and Writing I Vol 20 I NO1 I Fall 2011

III Have a laptop free zone by reserving certain

rows for those with and without laptops

The following approa ches would

provide effective use oflaptops

III Have students use their laptops to draft

answers to exercises in casebook or in legal

writing texts (For my Contracts class I

have stud ents draft an essay based upon a

former exam question For my Legal Analysis

and Writing class I have students draft an

application of law to fact paragraph For my

Drafting Contracts class I have students draft

a provision of a contract) Then have students

send the drafts to an electronic assignment

drop box (TWEN or another forum such

as the professors email account) and allow

the class to view these drafts on a screen

Provide a live critique of work displayed

II Use Internet access for students to

research short legal questions in class

III Use laptops to access the documents

you have previously posted (syllabus

course materials assignments)

59 See McCreary supra note 9 at 104 (advocatin g an optimum

learning environment because students have varied learning styles)

-- --shy~--_

Another Perspective

III In the classroom explore wikis and customized

polling features The wiki will allow multiple

students to edit a document A professor

can pose a question on the poll function and

stud ents can send in yes or no responses

III Encourage students to be creative in

designing a learning exercise in the form of

a game (a word game crossword puzzle) or

PowerPoint slide show while in class

In conclusion laptops can provide a classroom

without walls Students can research create and

send documents during class and edit written

work-in-progress This will benefit those whose

learning style is complementary with laptop

use And by setting proper limits all students

may find their laptops beneficial for class use

copy 2011 Robin A Boyle

so See Boyle Russo amp Lefkowitz supra note 49 When my

students appear to need a fresh way to approach material such as difficult concept s of contract building blocks or legal research I suggest that they create thei r own resources using the Contract

Activity Package Id I also include an open category for students to

come up with their own ideas Often they turn to their laptop s and create a game orslide show

fiJ After reading this Article my Research Assistant commented

I would feel crippled without a laptop in class His comment sums

up the point of this piece

[l]qptops

can provide

a classroom

withoutwalls

Studentscan

researQh create

and send

documents

(juring class and

editworks-inshy

progreSs

I

Whether managing distractions minimizing str ess or max imizing sleep the bottom line is that we must attend to attending Mind s have always wandered but our attention has never been more challenged than in thi s multi-media high -tech world Media and technology must be our tools not our masters Without learning to attend to the th ings that matter we will be fatally distracted by every beep flash and pop-up and therefore be unable to perform the sophisticated cognitive work required of th e st udy and practice of law If the study and practice of law require attention then attention needs developing just like any other skil l Developing attention requires practice self shyreflection anddiligence If professors find their students are not attending to the class material but instead are engaged in computer games e-mail instant messaging and other technological distractions professors need to ask why The why may be that students are so used to being distracted that they have not yet learned how to pay attention

MH Sam Jacobson Paying Anemion or Focally DistractedConcentration Memory and Multi-Tasking in a Mulli -vledia Worid 16 Legal Writing 419 461 (2010)

1 _

  • Cover Should Laptops Be Banned
  • Should Laptops Be Banned Abstract
  • Should Lap Tops Be Banned

Technology1aboundstodayrsquos law students Laptops iPods iPads and BlackBerrys are just a

few of the newly developed modes of communication note-taking and music-storing devices

that creep into our vocabulary ndash and studentsrsquo backpacks Given the competitive nature of law

school students understandably bring laptops to class hoping to maximize their performance

Unfortunately for all involved students use their laptops beyond the task of note-taking The

distractions that present themselves in class have led law professors to complain on various fora

about the frequency of laptop use in the classroom Some posit that studentsrsquo inappropriate use of

laptops in the classroom has exceeded acceptable limits 4

As a result some law professors have banned laptop use in their classes 5while others have

allowed laptop use with restraint Research reveals that laptops are beneficial for those whose

learning style complements their use laptop use may also slightly benefit all students regardless

of learning style Because laptops appeal to both tactual-8and visual-oriented learners9and may

additionally benefit the whole class regardless of learning-style preferences I advocate a

moderate position Professors should permit laptops in the classroom but subject to controls that

can channel benefits and minimize distractions Particularly for a skills class such as Legal

Research and Writing it would be crippling to ban laptops For casebook courses some students

if not all would benefit from continued use of laptops - within limits

8

1advocate

a ~moEie rale

position

Professors should

peltlnit lapt ops

in the classroom

butsuIDjett to

controls tbat can

channel benefits

and minimize

distractions

Perspect ives Teaching Legal Research and Writing Vol 20 I NO 1 Fall 2011

Cite as Robin A Boyle Should Laptops be Banned Providing a Robust Classroom Learn ing Experience With in Limits 20 Perspectives Teaching Legal Res amp Writin g 8 (2011)

Should Laptops Be Banned Providing a Robust Classroom Learning Experience Within Limits By Robin A Boyle

Robin A Boyle is Assistant Dean for Academic Success and Professor of Legal Writing St Johns University

School of Law

Introduction

Technology abounds todays law students Laptops

iPods iPads and BlackBerrys are just a few of the

newly developed modes of communication note shy

taking and music-storin g devices tha t creep into

our vocabulary - and students backpacks Given

the competitive nature oflaw school students

understandably bring laptops to class hoping to

maximize their performance Unfortunately for

all involved students use their laptops beyond

the task of note-taking The distract ions that

present themselve s in class have led law professors

to complain on various fora about the frequency

of laptop use in the classroom Some posit that

students inappropriate use of laptops in the

classroom has exceeded acceptable limits

bull Special than ks to Prof james Levy Profs Kathr yn Stanchi and Richard Neumann leaders of the ALWD Writers Workshup held at Hofstr a Law School Prof Amy Stein chair of the Hofstrawritcrs Workshop Paul Skip Laisure Esq Research Assistants Christopher

Linden Joel Acevedo and Alison Weintraub and the late Dr

Rita Dunn Comments questions and suggestions are welcome shyboylerstjohn sedu

1 See generally M H Sam Jacobson Paving Atte ntion or Patally Dis tmaedeLmun rat ion -Iema and Alulti-Tasking in II Multi-Media Worltl 16 Legal Wr itin g) Legal Writing In 1419 (2010) (describing problems associated with fast-paced techn ology

and students developin g mind s)

2 Eg 2008 AALS Annual Meeting by the Section on Teaching

Meth ods called Attractions and Distractions Student Use of Laptop

Comp uters in the Classroo m which was held in NY NY

3 See IeftS overn Law Student Laptop Use During Class for Non-C lass Purp oses Temptation v Incen tives draft posted http

paper sssrn comsoI3paperscfm abstraet id =1805107 (last

visited july 2 20 ( 1) (Thi s study has found that many stude nts

are significantly distracted in law school classes) Carri e BFried In-Class Lap top Use and Its Effects on Stude nt Learning 50(3)

Computers amp Educ 906 910 (2008) (reporting that laptop users ad mitted to spending an average of 17 min utes of a 75-minute class

on something other than note-taking)

As a result some law professor s have banned laptop

use in their classes while others have allowed

laptop use with restraint Research reveals that

laptops are beneficial for tho se whose learn ing

style complements their use laptop use may also

slightly benefit all students regard less oflearning

style Because laptops appeal to both tactu al-and

visual-oriented learners and may additionally

benefit the whole class regard less oflearningshy

style preferences I advoca te a moderate position

Professors should permit laptops in the classroom

but subject to controls that can channel benefits

and minimize distractions Particularly for a

skills class such as Legal Research and Writing it

would be cripp ling to ban laptops For casebook

courses some students if not all would benefit

from continued use oflaptops - within limits

Learning-Style Model

Learn ing style is the way in which each person

begins to concentrate on process and retain new

4 See Kevin Yamamoto) Bannilg [apfops ill the Classroom Is it Vorth the Hassles 57 JLegal Edu 477 (2007) (describin g his reasons

and experience banning laptops in his tax class) Nancy G Maxwell

From [acebook to Folsom Prisoll Rlues How Ballning 1lIplOps in the CtlS om Made Me A Better Law School Teacher 14 Rich JL amp Tech 4 (2007)

5 See egbull Kristen M urray Let Them UseLaptopsDebunking lhe Awmplions Underlying the Debate oa laptops in ti le Classroom 36

OlJa City U I Rev 185 (2011)

6 See Maur een Martin i An Analysis of the Relationship(s) Between

and Among Computer-Assisted Instru ction Learni ng Style Perceptu al Preferences Attitudes and the Science Achievemen t of Seventh Grade

Students in a Suburban New York Schoo l District 15-16 (1986) (Ed D

dissertation SI Johns University) Dissertat ion Abstracts Int I 47 877A (on file with au thor)

7 See id at 15-16 (explaining that to study students ability to

absorb tactu ally she provid ed a lesson through computer-assisted

instruction) Robin Boyle amp James BLevyThe Blind Leadin g the

Blind What If Theyre ~ot All Visual or Tactile Learners 22(2) The Second Draft 6 (2008)

8 See Martini supra note 6 at 15- 16 (explainin g how visual

learners prefer to learn thr ough use of pictures d iagrams books and resources that require reading and seeing)

9 See generally [ana R McC reary 1111Iplop-Fr(cZ Olle 43 Val

U L Rev 989 1016 (2009) (concluding that both global and analytic learners can benefit from using a laptop in a classroom )

9 Perspectiv es Teaching Legal Research and Writ ing Vol 20 No1 Fall 2011

and difficul t information A learning-style

mode l develope d by Drs Rita and Kenn eth Dunn

(Dunn and Dunn Model) is based upo n more

than three decades of research spanning 135

institutions of higher education throughout the

world Cur rently the Model includes 26 learn ingshy

style elemen tsI I These 26 variables are subdivided

into six stimulus strands Perceptua l Psychological

Physiological Emotional Environmental and

Sociological Researchers have verified and

offered independent empirical support of the

efficacy of the Dunn and Dun n methodology

The tactual elemen t is included within the larger

category of Perceptual Strengths Taetual learne rs

need to handle and ma nipulate instruc tional

ma terials in order to best absorb new and

difficult information During lectures tactual

learn ers retain the information best if they

engage in small motor skills Tactual learn ers

10 Rita Dunn amp Shirley A Griggs Multi cu lturalism and Learning

Style Teaching an d Co unse ling Adolescents 14-15 (1998 ) See Rita

Dunn amp Kenneth Dunn Teaching Secondary Students Thr o ugh Thei r

Ind ividual lea rni ng Styles A Pract ical Approach for Grades 7- 12 2

(1993) (applicable 10ad ults as well as yo ung learners)

II See the learning-sty les website at wwlea rni ngstvlesnel (last

accessed o n July 2 20 11) Susa n Rundle amp Andrea Honi gsfeld with

Rita D unn Buildin g Excellence An Ed ucators Guide to th e Lea rning

Individ ual (2007)

12 See Rundle Honigsfeld with Dunn supra note I I at 8-9

Percept ua l Streng ths includes audi to ry visua l tactu al and kines theti c

preferences Psych ological Strengt hs includes global v ana lyt ic

pro cessing impulsive v reflective PhyslologlcalStrengths include

lime-of-day energy levels food or liq uid intake and mob ility whil e learning Emotional Strengths include motivation persistence

(completing oue task at a tim e or mu lti-taskin g) respon sibili ty

(confo rmity v nonco nform ity) and structure Enviro nme nta l

Strengths inclu de sound ligh t temperature an d furn itureseating

design Socio log ical Streng ths include learn ing in alo ne pairs

grou ps with out au expert and variety of ways v consis tent patter ns

fERobin A Boyle amp Rita Dunn Tea ching taw Students Through

Indi iduill teltmling Slrl 62 Alb I lk V 213 224 -25 (1998) (after assessing the learn ing styles of first-yea r students at St Johns

Un iversity School of Law concluded that law stude nts were d iverse

in their learning style s )

I J Ralp h A Terregro ssa Fred Eng lander and Zhaobo Wang

Wh y Learn ing Styles Matte r For Student Achievem en t in Co llege

Eco nomic s9(1) J Econo mic Ed ucators 16 30 (Sum mer 2009)

14 See Patr icia Mur phy Raupers Researc h on Perceptual

Streng ths I See What You Mean I Hear Wh at You Say Are You

Stayi ng in Touch Are You Moving My Way in Synthesis o f the

D un n and D unn Learning-Style Model Resea rch Wh o W hat W hen

Whe re and So Wh at 23 23 (Rita Dun n amp Shirley A Gri ggs eds bull3d

ed 2oo7)

learn best by taking notes trad itionally such

as with pen and paper or on chart paper

The visual element is also included within the

category of Perceptual Strengths The Dunn and

Dunn Mode l along with Building Excellence

an onlin e assessment tool distinguish

between visual-picture learners and visual-text

learnersIS Visual-picture learners learn best

if they create or refer to pictures flowchar ts

or graphs Visual-text learn ers prefer text in

hand outs overheads or casebooks to help them

retain an auditory presentation or lecture Not all

adults are visual learners but those who are can

remember 75 perce nt of the academic information

they have read during a 30-40 minu te interval

Is Ther e Validity to the Theo ry that Matching Instructional Strategies to Indiv idua l Learn ing Style Improves Learni ng

Numerous stud ies have found that students learn

best when taught with complementary rather than

dissonant instructional strategies Although

[ijndividuals differ in how they absorb and

process new and difficult information the

mater ial is best absorbed and processed according

to their primary learning-style strengths Study

after study indicates patterns between academ ic

ach ievement and learning style giving researchers

15 See Rundle amp Honigsfeld w ith Dunn supra note II at 23

16 For more information go to wwwlearningstvlesnd (last accesse d July 2 20 11)

17 See Rundle amp Honi gsfeld with Dunn supra note 11 al 18-19

IS ampe iltlaI 20 -2 L

19 See iii at 19

20 See id at 2 L

21 Rita Dun n Ar min RIhies And rea Honl gsfeld Syn thesis o f

the Dunn and D unn Learn ing-Style Mod el Resear ch Analysis from a

Ne uropsychological Perspective 8 (200 1) (St John s Universtty School

o f Educ amp Hum Serv)

22 Id a19 Dunn amp Griggs sup ra note 10 at 20 (W hen

adolescents were introduce d to new material through th eir per ceptual

pr eferences they remembered significantly more than when they

were in troduced to sim ilar materia l th rou gh th eir least -preferred

mod ality )

2J Dunn Thies amp Honi gsfeld supra notc 2 1 at 9 Dunn amp

Griggs supra note10 at 7

Numerous

stud ies nave

found that

stude nts learn

best when

taught with

complementary

rather than

dissonant

inst ruetionaI

strategies

10 Perspectives Teaching Legal Research and Writing I Vol 20 I No1 I Fall 2011

[C]Orflputer use

is both ta ctuali amd visual It is

tactua l Deca use o~

the use rshea~

reliance upon

I4sing Gnestllmds

and itisv isual

because of the

imag~s proJecte(Ji

onthe screen

fur ther cause to believe that learning style

and brain functions are connected

For example Ralph Terregrossa and othe rs

recently found that lear ning style characteristics

of students (in a college economics cour se] do

appear to have a sign ificant relation ship to the

students achievement Th ese researchers

inferred that student performance can be positively

influenced by conveying the subject material in

a congruent manner to the learning style of th e

students Similarly in a study involving adults

Joanne Ingham found that when truck drivers

mechan ics and managers were taught using an

instructional style that matched their learn ing-style

preferences they learn ed Significantly moreF

Research ers had similar finding s for college

students Rachelle Maltzman found pos itive

result s when she taught developm ental

college students reading and writing using

instructional str ategies that compl emented

their learn ing style Regina Rochford also

taught developm ental college students with

instructional materials that complem ented

their learning-style preferences Rochford

found statistically higher wr iting-test scores in

her study result s when the students materials

complemented their learning style

Thus if students understanding of course

content improves when the method for

24 See genera lly Du nn amp Grigg s supra note 10 at IS

2 Terregrossa et al sllpra not e 13 at 29

26 1d

27 Joanne M Ingham Matching Instructio n with Empl oyee

Percept ual Prefere nce Significantly Increases Train ing Effectiveness

2(1) Human Resource Development Q 53 62-63 (Spri ng 1991)

28 Rachelle Maltzrnan Effects of trad itional versus learni ngshy

style st rategies on commun ity college stud ent s ach ieveme nt in and

atti tudes toward developm ental read ing and writing 153(2008) (Ed

D dissertation on file with St Joh ns University)

29 Reg ina Rochfo rd Effects of learning-style responsive

materials on underachieving remedial-writing studentsat an urban community college (2004) (Ed D disser tation St Johns Universi ty)

Disserta tio n Abstrac ts lntI A64 (12) (on file with St John s

Un iversity)

30 ld

learning complements their learning style one

can dedu ce that laptop use in the classroom

would provide a ben efit to tho se studen ts who

pr efer tactile and visual learn ing Researcher

Maureen Martini proved just that

Is Computer Use both Tactua l and Visual

According to Maureen Mar tinis study computer

use is both tactual and visual It is tactual

because of the users heavy reliance upon

using ones hands and it is visual because

of the im ages projected on the screen

Martinis study focused on computer usage

and the matching and mismatching of students

with instruction al strategies She studied the

relationshipts) between perc eptual learning style

characteristics and computer-assisted instru ction

and the effects of matched and mismatched

condition s on student achievement in science

and attitudes toward each strategY32 Specifically

after assessing the learning styles of seventh

grade subjects she ascertained which ones were

auditory tactu al or visual among other learni ngshy

style elements In one part of the study Martini

provided the same science con tent to students in

ways that complemented their learni ng styles For

instance auditory-preferenced students received

the subject matt er by means of a cassette and

tape recorder The tactual students received

comp uter-assisted instruction by drill and

practice tutorial s simulation probl em solving

games testing and evaluation diag nosis and

prescnption gt Th e visual students received the

same science content as the other two but through

31 Mar tini sopra note 6

32 d at 11 Stud ent s atti tud es in co njun ction with their

learn ing styles were explored in th is study

33 See ~ The Learning Style Inventory was the assessment tool

osed in th is study wh ich is bas ed upon th e Dunn and Dunn Model Id at 15-18 69-7 1

31 See id at 16

35 d

11 Perspectives Teaching Legal Research and Writing Vol 20 I No1 Fall 2011

presentation in written form The study also

mismatch ed students by random assignment In

this way students who were tactual for instance

were given the cont ent in either auditory (by using

a cassette) or visual form (reading materials) All

students level of achievement in the subject matter

was determined by criterion-referenced tests

The results of the Martini investigation revealed

the matching of ind ividual students identified

perceptual preferences with complementary

instructional methods increased science

achievement test performance Mart ini

summarized her study [t]he results verified

the effectiveness of matching instru ctional

methods with the diagnosed perceptual

preference of individual students

Mart ini also found that the computer-assisted

instruction was most effective for all thre e

categories of learners - auditory visual and

tactual - although it was more effective for tactu al

students than for the oth er two In applying

the Mart ini study to what we know about the

diverse learning styles of law students laptop

use during class may be somewhat beneficial for

all students but ideally for tactual learners

Research er William Clarke conducted a study

with low-skilled and below-average skilled

high school students measuring whether their

math skills improved (or declined ) when given

computer-assisted instruction Clarke found

that students improved their math skills to a

greater extent in a computer settin g than in a

36 1a

37 lei at 69

38 lei at 16middot17 73middot 76

39 uat 96

40 ld at 104

oil ld at 107

42 William Robert Clarke the effects of comp uter ized inst ruction

on th e improvement and transfer o f math skills for low-skilled and

below average-skilled sopho more students co nsidering student

gender eth niciry and learn ing style preferences 5 57 ( 1993) (ed D

Dissertation University of La Verne)

non-computer setting Those with mobility and

tactile learning-style preferences showed significant

improvement in their math skills Clarke

dedu ced that because the dominant trait of

tactile learners is the continuous hand activity

this need was satisfied with the students hand

man ipulat ion of the computer keyboard

Thus students who underachieve academically

can improve their academic performance when

they are taught in ways that complement their

learning style Th is is true for tactual (and

kinesthetic) students whose learning-style

preferences are often overlooked in conventional

schools In applying the findin gs of these stud ies

to law students we can predict that those who

are tactu al and visual would benefit from laptop

use in the classroom because it complements

their learning style To prohibit their use of

laptops could actually retard their development

Are Young Adu lts Mo re Likely To Be Tactual andor Visual

Studies have shown that Generat ion X is

slightly more tactual than others For example

researcher Renee Cambiano found that Baby

Boomers would not find tactual engagement

(note-taking) as advantageous as would the

Gen X population Closer to home Boyle

43 ld at 8 1 87

11 lei at 87

15 Id

46 See Haver Crosley Effects of Tradi tional Teaching 5 A

Mu ltisensory Inst ructional Package of the Science Achievemen t and

Attitud es of Eng lish Language Learn ers Middl es-School students

and English-Speaking Middl e-School Students 86 (2007) (Ed D

dissert ation St Johns University) (on file with autho r) Haver Crosly

foun d tha t tactua lkinesth etic-preferenced middle-schoolers achieved

their best when using instructional materials (the content as

science) that were congruent with their learn ing styles

47 Renee Cambi ano LearningPreferences of the Age Cohorts Generation X Baby Boomers aneithe Silent Generation 15 70

(l999) (Ed D Doctoral Dissert ation Univers ity ofMe mp his) (on

file with autho r) She found significant differences between the Baby

Boom er Ge neration (birth years 1943- (960) and both the Gen Xers

(birth years 1961 - 1981) and th e Silent Generation (birth years

1925 - 1942) on tactu al pre ferences Her results indicated that Gen

X and the Silent Ge nera tion pre fer to use manipulativcs to lear n

new inform ation and to engage in note-taking whi ch would be less

effective for th e Baby Boo mers lrl at 70 The popul ation for th e

Carnbiano study was gra duate studentsld at 21

hirapplying the

findings of these

5tucliestb law

students We can

ratedietthat those

who are tactual

amdVi~ualwould

IrJenefit from

laptop use in the

classroom

12

Atmiddotthe outsetlt

inform students

abQut r~ported

resultsinaicati rig

that students can

be distractedby

Inappropriate

websitesoriing

and emailing

during Glass)

Perspectives Teaching Legal Research and Writing

and Ingham found that Generation Xers in

law schools are slightly more tactual than their

professors It is important to note that the

percentage of those who strongly prefer to

learn tactually or visually is small in any cohort

Thi s Authors empirical studies oflaw students

conducted over a ten -year period indicate that

only approximately 20 percent demonstrate a

preference for tactual learning and fewer than

that 10 percent are visual learners Additionally

Boyle Minneti and Honigsfeld found that

law students were less tactual compared with

their peers in oth er academic disciplines

Im plicat ions for the Classroom

Although teachers need to find their own

hom eostasis in their classroom s the complet e

prohibition of laptops is less than opt imal for

tactual and visual learners who actually use them

for appropriate purposes When students are

taught in ways that complement their learning

styles they will improve academically And

as the Martini study indicated there may be

some benefit to all students regardless oflearning

style who use laptops for note-taking and other

I Vol 20 No1 Fall 2011

instructional purposes while in class Thus

professors should allow students to use their

laptops in their classrooms but within limits

To curb laptop distractions professors

could try a variety of approaches

bull At the outset inform students about reported

results from prior studies indicating that

students can be distracted by inappropriate website

surfmg and emailin g during classSol Explain

that there are consequences for distractions

bull Give students notice of penalties for

inappropriate laptop use which could

include a ban for the entire class for the

remaining class period (this sparks peer

pressure on the offending student)

bull Announce Alleyes on me when wayward

eyes focus on the monitors at unusual times

bull Suggest at appropriate times to close laptops

bull Develop a written laptop policy and place the

statement prominently on the course syllabus

bull Move the lecture along to a point where

the students need to interact with each

other or with pen and paper

48 Joanne Ingham amp Robin A Boyle Generation X in Law School How These ta w Stude nts are DifFrent from Thse Wh Teach The1ll 56 J Legal [ duc 281 graphs A B amp C (2006)

49 Sec Boyleamp Dunn supra note 12 at app 2 Robin A Boyle Bringing Learning-Style Instru ctional Strategies to LawSchools You Be the Judge in Practical Approaches to Using Learning Styles Application in Higher Edocation 158 160 tbl 174 (Rita Dunn and Shirley A Griggs eds Bergin amp Garvey 2000) Robin A Boyle amp Lynne Dolle Providing Structure to Law Students - In troducing the Programmed t earning Sequence a an Tntructional Tool 8 Legal Writing I Legal Writing Inst 59 at app A (2002) Robin A Boyle Karen Rosso and Rose Frances Lefkowitz Presenting a New Instructional Tool fo r Teaching Law-Related Courses A Contract Actiity Packagefo r Motivated and Independent Learners 38 (I) GOIlZ L Rev I at app A (2003) Robin A Boyle Empoving Activeshy

LearniS Techniques and Metacogllilion in Law SchoolShifting Energyrom Irofessorto St dent 81 U Det Mercv 1 Rev I at app A (2003) Robin Doyle Jeffrey Minneti and Andrea Honigsfeld Law Students Are Different fr om the Genera Populat ion Empiricul Findings Regarding Learning Styles 17 (3) Perspectives Teaching Legal Res and Writing 153 (Spring 2009)

50 See Doyle Minneti amp Honigsfeld supra note 49 at 158-59

51 See Martini supra note 6Terregrossa et al supra note 13 Matlzrnan sp ra note 28 Rochford supra note 29

52 Sec Martini pra note 6

53 See eg Sovern supra note 3 Fried supra note 3

54 See Tracy McGaugh Laptops in the Classroom Pondering the Possibilities 14 (3) Perspectives Teaching Legal Res amp Writing 163

(2006) (suggesling that professors first acknowledge to students that

there is a potential problem with inappropriate laptop use in class)

55 See Fried supra note 3 at 912 (suggesting thai professors warn students about the pitfalls of inappropr iate laptop use during class time)

56 See McGaugh supra note 54

57 lhis Author has Singled out one or two individuals and stated flatly closeyour laptops when these students were blatantly smirking and typing at inappropriate times 111is curbing sets a tone for the

rest of the class I have also talked to students outside of classabout whether their use of laptops pert ained to class matters

58 For example I provide the following written policy on my syllabi Laptop policy Students may use their laptops in class for purp oses of taking notes or other academic work associated with

my course Laptop use inconsistent with this policy may result in sospension of laptop privilege in class

Perspectives Teaching Legal Research and Writing I Vol 20 I NO1 I Fall 2011

III Have a laptop free zone by reserving certain

rows for those with and without laptops

The following approa ches would

provide effective use oflaptops

III Have students use their laptops to draft

answers to exercises in casebook or in legal

writing texts (For my Contracts class I

have stud ents draft an essay based upon a

former exam question For my Legal Analysis

and Writing class I have students draft an

application of law to fact paragraph For my

Drafting Contracts class I have students draft

a provision of a contract) Then have students

send the drafts to an electronic assignment

drop box (TWEN or another forum such

as the professors email account) and allow

the class to view these drafts on a screen

Provide a live critique of work displayed

II Use Internet access for students to

research short legal questions in class

III Use laptops to access the documents

you have previously posted (syllabus

course materials assignments)

59 See McCreary supra note 9 at 104 (advocatin g an optimum

learning environment because students have varied learning styles)

-- --shy~--_

Another Perspective

III In the classroom explore wikis and customized

polling features The wiki will allow multiple

students to edit a document A professor

can pose a question on the poll function and

stud ents can send in yes or no responses

III Encourage students to be creative in

designing a learning exercise in the form of

a game (a word game crossword puzzle) or

PowerPoint slide show while in class

In conclusion laptops can provide a classroom

without walls Students can research create and

send documents during class and edit written

work-in-progress This will benefit those whose

learning style is complementary with laptop

use And by setting proper limits all students

may find their laptops beneficial for class use

copy 2011 Robin A Boyle

so See Boyle Russo amp Lefkowitz supra note 49 When my

students appear to need a fresh way to approach material such as difficult concept s of contract building blocks or legal research I suggest that they create thei r own resources using the Contract

Activity Package Id I also include an open category for students to

come up with their own ideas Often they turn to their laptop s and create a game orslide show

fiJ After reading this Article my Research Assistant commented

I would feel crippled without a laptop in class His comment sums

up the point of this piece

[l]qptops

can provide

a classroom

withoutwalls

Studentscan

researQh create

and send

documents

(juring class and

editworks-inshy

progreSs

I

Whether managing distractions minimizing str ess or max imizing sleep the bottom line is that we must attend to attending Mind s have always wandered but our attention has never been more challenged than in thi s multi-media high -tech world Media and technology must be our tools not our masters Without learning to attend to the th ings that matter we will be fatally distracted by every beep flash and pop-up and therefore be unable to perform the sophisticated cognitive work required of th e st udy and practice of law If the study and practice of law require attention then attention needs developing just like any other skil l Developing attention requires practice self shyreflection anddiligence If professors find their students are not attending to the class material but instead are engaged in computer games e-mail instant messaging and other technological distractions professors need to ask why The why may be that students are so used to being distracted that they have not yet learned how to pay attention

MH Sam Jacobson Paying Anemion or Focally DistractedConcentration Memory and Multi-Tasking in a Mulli -vledia Worid 16 Legal Writing 419 461 (2010)

1 _

  • Cover Should Laptops Be Banned
  • Should Laptops Be Banned Abstract
  • Should Lap Tops Be Banned

8

1advocate

a ~moEie rale

position

Professors should

peltlnit lapt ops

in the classroom

butsuIDjett to

controls tbat can

channel benefits

and minimize

distractions

Perspect ives Teaching Legal Research and Writing Vol 20 I NO 1 Fall 2011

Cite as Robin A Boyle Should Laptops be Banned Providing a Robust Classroom Learn ing Experience With in Limits 20 Perspectives Teaching Legal Res amp Writin g 8 (2011)

Should Laptops Be Banned Providing a Robust Classroom Learning Experience Within Limits By Robin A Boyle

Robin A Boyle is Assistant Dean for Academic Success and Professor of Legal Writing St Johns University

School of Law

Introduction

Technology abounds todays law students Laptops

iPods iPads and BlackBerrys are just a few of the

newly developed modes of communication note shy

taking and music-storin g devices tha t creep into

our vocabulary - and students backpacks Given

the competitive nature oflaw school students

understandably bring laptops to class hoping to

maximize their performance Unfortunately for

all involved students use their laptops beyond

the task of note-taking The distract ions that

present themselve s in class have led law professors

to complain on various fora about the frequency

of laptop use in the classroom Some posit that

students inappropriate use of laptops in the

classroom has exceeded acceptable limits

bull Special than ks to Prof james Levy Profs Kathr yn Stanchi and Richard Neumann leaders of the ALWD Writers Workshup held at Hofstr a Law School Prof Amy Stein chair of the Hofstrawritcrs Workshop Paul Skip Laisure Esq Research Assistants Christopher

Linden Joel Acevedo and Alison Weintraub and the late Dr

Rita Dunn Comments questions and suggestions are welcome shyboylerstjohn sedu

1 See generally M H Sam Jacobson Paving Atte ntion or Patally Dis tmaedeLmun rat ion -Iema and Alulti-Tasking in II Multi-Media Worltl 16 Legal Wr itin g) Legal Writing In 1419 (2010) (describing problems associated with fast-paced techn ology

and students developin g mind s)

2 Eg 2008 AALS Annual Meeting by the Section on Teaching

Meth ods called Attractions and Distractions Student Use of Laptop

Comp uters in the Classroo m which was held in NY NY

3 See IeftS overn Law Student Laptop Use During Class for Non-C lass Purp oses Temptation v Incen tives draft posted http

paper sssrn comsoI3paperscfm abstraet id =1805107 (last

visited july 2 20 ( 1) (Thi s study has found that many stude nts

are significantly distracted in law school classes) Carri e BFried In-Class Lap top Use and Its Effects on Stude nt Learning 50(3)

Computers amp Educ 906 910 (2008) (reporting that laptop users ad mitted to spending an average of 17 min utes of a 75-minute class

on something other than note-taking)

As a result some law professor s have banned laptop

use in their classes while others have allowed

laptop use with restraint Research reveals that

laptops are beneficial for tho se whose learn ing

style complements their use laptop use may also

slightly benefit all students regard less oflearning

style Because laptops appeal to both tactu al-and

visual-oriented learners and may additionally

benefit the whole class regard less oflearningshy

style preferences I advoca te a moderate position

Professors should permit laptops in the classroom

but subject to controls that can channel benefits

and minimize distractions Particularly for a

skills class such as Legal Research and Writing it

would be cripp ling to ban laptops For casebook

courses some students if not all would benefit

from continued use oflaptops - within limits

Learning-Style Model

Learn ing style is the way in which each person

begins to concentrate on process and retain new

4 See Kevin Yamamoto) Bannilg [apfops ill the Classroom Is it Vorth the Hassles 57 JLegal Edu 477 (2007) (describin g his reasons

and experience banning laptops in his tax class) Nancy G Maxwell

From [acebook to Folsom Prisoll Rlues How Ballning 1lIplOps in the CtlS om Made Me A Better Law School Teacher 14 Rich JL amp Tech 4 (2007)

5 See egbull Kristen M urray Let Them UseLaptopsDebunking lhe Awmplions Underlying the Debate oa laptops in ti le Classroom 36

OlJa City U I Rev 185 (2011)

6 See Maur een Martin i An Analysis of the Relationship(s) Between

and Among Computer-Assisted Instru ction Learni ng Style Perceptu al Preferences Attitudes and the Science Achievemen t of Seventh Grade

Students in a Suburban New York Schoo l District 15-16 (1986) (Ed D

dissertation SI Johns University) Dissertat ion Abstracts Int I 47 877A (on file with au thor)

7 See id at 15-16 (explaining that to study students ability to

absorb tactu ally she provid ed a lesson through computer-assisted

instruction) Robin Boyle amp James BLevyThe Blind Leadin g the

Blind What If Theyre ~ot All Visual or Tactile Learners 22(2) The Second Draft 6 (2008)

8 See Martini supra note 6 at 15- 16 (explainin g how visual

learners prefer to learn thr ough use of pictures d iagrams books and resources that require reading and seeing)

9 See generally [ana R McC reary 1111Iplop-Fr(cZ Olle 43 Val

U L Rev 989 1016 (2009) (concluding that both global and analytic learners can benefit from using a laptop in a classroom )

9 Perspectiv es Teaching Legal Research and Writ ing Vol 20 No1 Fall 2011

and difficul t information A learning-style

mode l develope d by Drs Rita and Kenn eth Dunn

(Dunn and Dunn Model) is based upo n more

than three decades of research spanning 135

institutions of higher education throughout the

world Cur rently the Model includes 26 learn ingshy

style elemen tsI I These 26 variables are subdivided

into six stimulus strands Perceptua l Psychological

Physiological Emotional Environmental and

Sociological Researchers have verified and

offered independent empirical support of the

efficacy of the Dunn and Dun n methodology

The tactual elemen t is included within the larger

category of Perceptual Strengths Taetual learne rs

need to handle and ma nipulate instruc tional

ma terials in order to best absorb new and

difficult information During lectures tactual

learn ers retain the information best if they

engage in small motor skills Tactual learn ers

10 Rita Dunn amp Shirley A Griggs Multi cu lturalism and Learning

Style Teaching an d Co unse ling Adolescents 14-15 (1998 ) See Rita

Dunn amp Kenneth Dunn Teaching Secondary Students Thr o ugh Thei r

Ind ividual lea rni ng Styles A Pract ical Approach for Grades 7- 12 2

(1993) (applicable 10ad ults as well as yo ung learners)

II See the learning-sty les website at wwlea rni ngstvlesnel (last

accessed o n July 2 20 11) Susa n Rundle amp Andrea Honi gsfeld with

Rita D unn Buildin g Excellence An Ed ucators Guide to th e Lea rning

Individ ual (2007)

12 See Rundle Honigsfeld with Dunn supra note I I at 8-9

Percept ua l Streng ths includes audi to ry visua l tactu al and kines theti c

preferences Psych ological Strengt hs includes global v ana lyt ic

pro cessing impulsive v reflective PhyslologlcalStrengths include

lime-of-day energy levels food or liq uid intake and mob ility whil e learning Emotional Strengths include motivation persistence

(completing oue task at a tim e or mu lti-taskin g) respon sibili ty

(confo rmity v nonco nform ity) and structure Enviro nme nta l

Strengths inclu de sound ligh t temperature an d furn itureseating

design Socio log ical Streng ths include learn ing in alo ne pairs

grou ps with out au expert and variety of ways v consis tent patter ns

fERobin A Boyle amp Rita Dunn Tea ching taw Students Through

Indi iduill teltmling Slrl 62 Alb I lk V 213 224 -25 (1998) (after assessing the learn ing styles of first-yea r students at St Johns

Un iversity School of Law concluded that law stude nts were d iverse

in their learning style s )

I J Ralp h A Terregro ssa Fred Eng lander and Zhaobo Wang

Wh y Learn ing Styles Matte r For Student Achievem en t in Co llege

Eco nomic s9(1) J Econo mic Ed ucators 16 30 (Sum mer 2009)

14 See Patr icia Mur phy Raupers Researc h on Perceptual

Streng ths I See What You Mean I Hear Wh at You Say Are You

Stayi ng in Touch Are You Moving My Way in Synthesis o f the

D un n and D unn Learning-Style Model Resea rch Wh o W hat W hen

Whe re and So Wh at 23 23 (Rita Dun n amp Shirley A Gri ggs eds bull3d

ed 2oo7)

learn best by taking notes trad itionally such

as with pen and paper or on chart paper

The visual element is also included within the

category of Perceptual Strengths The Dunn and

Dunn Mode l along with Building Excellence

an onlin e assessment tool distinguish

between visual-picture learners and visual-text

learnersIS Visual-picture learners learn best

if they create or refer to pictures flowchar ts

or graphs Visual-text learn ers prefer text in

hand outs overheads or casebooks to help them

retain an auditory presentation or lecture Not all

adults are visual learners but those who are can

remember 75 perce nt of the academic information

they have read during a 30-40 minu te interval

Is Ther e Validity to the Theo ry that Matching Instructional Strategies to Indiv idua l Learn ing Style Improves Learni ng

Numerous stud ies have found that students learn

best when taught with complementary rather than

dissonant instructional strategies Although

[ijndividuals differ in how they absorb and

process new and difficult information the

mater ial is best absorbed and processed according

to their primary learning-style strengths Study

after study indicates patterns between academ ic

ach ievement and learning style giving researchers

15 See Rundle amp Honigsfeld w ith Dunn supra note II at 23

16 For more information go to wwwlearningstvlesnd (last accesse d July 2 20 11)

17 See Rundle amp Honi gsfeld with Dunn supra note 11 al 18-19

IS ampe iltlaI 20 -2 L

19 See iii at 19

20 See id at 2 L

21 Rita Dun n Ar min RIhies And rea Honl gsfeld Syn thesis o f

the Dunn and D unn Learn ing-Style Mod el Resear ch Analysis from a

Ne uropsychological Perspective 8 (200 1) (St John s Universtty School

o f Educ amp Hum Serv)

22 Id a19 Dunn amp Griggs sup ra note 10 at 20 (W hen

adolescents were introduce d to new material through th eir per ceptual

pr eferences they remembered significantly more than when they

were in troduced to sim ilar materia l th rou gh th eir least -preferred

mod ality )

2J Dunn Thies amp Honi gsfeld supra notc 2 1 at 9 Dunn amp

Griggs supra note10 at 7

Numerous

stud ies nave

found that

stude nts learn

best when

taught with

complementary

rather than

dissonant

inst ruetionaI

strategies

10 Perspectives Teaching Legal Research and Writing I Vol 20 I No1 I Fall 2011

[C]Orflputer use

is both ta ctuali amd visual It is

tactua l Deca use o~

the use rshea~

reliance upon

I4sing Gnestllmds

and itisv isual

because of the

imag~s proJecte(Ji

onthe screen

fur ther cause to believe that learning style

and brain functions are connected

For example Ralph Terregrossa and othe rs

recently found that lear ning style characteristics

of students (in a college economics cour se] do

appear to have a sign ificant relation ship to the

students achievement Th ese researchers

inferred that student performance can be positively

influenced by conveying the subject material in

a congruent manner to the learning style of th e

students Similarly in a study involving adults

Joanne Ingham found that when truck drivers

mechan ics and managers were taught using an

instructional style that matched their learn ing-style

preferences they learn ed Significantly moreF

Research ers had similar finding s for college

students Rachelle Maltzman found pos itive

result s when she taught developm ental

college students reading and writing using

instructional str ategies that compl emented

their learn ing style Regina Rochford also

taught developm ental college students with

instructional materials that complem ented

their learning-style preferences Rochford

found statistically higher wr iting-test scores in

her study result s when the students materials

complemented their learning style

Thus if students understanding of course

content improves when the method for

24 See genera lly Du nn amp Grigg s supra note 10 at IS

2 Terregrossa et al sllpra not e 13 at 29

26 1d

27 Joanne M Ingham Matching Instructio n with Empl oyee

Percept ual Prefere nce Significantly Increases Train ing Effectiveness

2(1) Human Resource Development Q 53 62-63 (Spri ng 1991)

28 Rachelle Maltzrnan Effects of trad itional versus learni ngshy

style st rategies on commun ity college stud ent s ach ieveme nt in and

atti tudes toward developm ental read ing and writing 153(2008) (Ed

D dissertation on file with St Joh ns University)

29 Reg ina Rochfo rd Effects of learning-style responsive

materials on underachieving remedial-writing studentsat an urban community college (2004) (Ed D disser tation St Johns Universi ty)

Disserta tio n Abstrac ts lntI A64 (12) (on file with St John s

Un iversity)

30 ld

learning complements their learning style one

can dedu ce that laptop use in the classroom

would provide a ben efit to tho se studen ts who

pr efer tactile and visual learn ing Researcher

Maureen Martini proved just that

Is Computer Use both Tactua l and Visual

According to Maureen Mar tinis study computer

use is both tactual and visual It is tactual

because of the users heavy reliance upon

using ones hands and it is visual because

of the im ages projected on the screen

Martinis study focused on computer usage

and the matching and mismatching of students

with instruction al strategies She studied the

relationshipts) between perc eptual learning style

characteristics and computer-assisted instru ction

and the effects of matched and mismatched

condition s on student achievement in science

and attitudes toward each strategY32 Specifically

after assessing the learning styles of seventh

grade subjects she ascertained which ones were

auditory tactu al or visual among other learni ngshy

style elements In one part of the study Martini

provided the same science con tent to students in

ways that complemented their learni ng styles For

instance auditory-preferenced students received

the subject matt er by means of a cassette and

tape recorder The tactual students received

comp uter-assisted instruction by drill and

practice tutorial s simulation probl em solving

games testing and evaluation diag nosis and

prescnption gt Th e visual students received the

same science content as the other two but through

31 Mar tini sopra note 6

32 d at 11 Stud ent s atti tud es in co njun ction with their

learn ing styles were explored in th is study

33 See ~ The Learning Style Inventory was the assessment tool

osed in th is study wh ich is bas ed upon th e Dunn and Dunn Model Id at 15-18 69-7 1

31 See id at 16

35 d

11 Perspectives Teaching Legal Research and Writing Vol 20 I No1 Fall 2011

presentation in written form The study also

mismatch ed students by random assignment In

this way students who were tactual for instance

were given the cont ent in either auditory (by using

a cassette) or visual form (reading materials) All

students level of achievement in the subject matter

was determined by criterion-referenced tests

The results of the Martini investigation revealed

the matching of ind ividual students identified

perceptual preferences with complementary

instructional methods increased science

achievement test performance Mart ini

summarized her study [t]he results verified

the effectiveness of matching instru ctional

methods with the diagnosed perceptual

preference of individual students

Mart ini also found that the computer-assisted

instruction was most effective for all thre e

categories of learners - auditory visual and

tactual - although it was more effective for tactu al

students than for the oth er two In applying

the Mart ini study to what we know about the

diverse learning styles of law students laptop

use during class may be somewhat beneficial for

all students but ideally for tactual learners

Research er William Clarke conducted a study

with low-skilled and below-average skilled

high school students measuring whether their

math skills improved (or declined ) when given

computer-assisted instruction Clarke found

that students improved their math skills to a

greater extent in a computer settin g than in a

36 1a

37 lei at 69

38 lei at 16middot17 73middot 76

39 uat 96

40 ld at 104

oil ld at 107

42 William Robert Clarke the effects of comp uter ized inst ruction

on th e improvement and transfer o f math skills for low-skilled and

below average-skilled sopho more students co nsidering student

gender eth niciry and learn ing style preferences 5 57 ( 1993) (ed D

Dissertation University of La Verne)

non-computer setting Those with mobility and

tactile learning-style preferences showed significant

improvement in their math skills Clarke

dedu ced that because the dominant trait of

tactile learners is the continuous hand activity

this need was satisfied with the students hand

man ipulat ion of the computer keyboard

Thus students who underachieve academically

can improve their academic performance when

they are taught in ways that complement their

learning style Th is is true for tactual (and

kinesthetic) students whose learning-style

preferences are often overlooked in conventional

schools In applying the findin gs of these stud ies

to law students we can predict that those who

are tactu al and visual would benefit from laptop

use in the classroom because it complements

their learning style To prohibit their use of

laptops could actually retard their development

Are Young Adu lts Mo re Likely To Be Tactual andor Visual

Studies have shown that Generat ion X is

slightly more tactual than others For example

researcher Renee Cambiano found that Baby

Boomers would not find tactual engagement

(note-taking) as advantageous as would the

Gen X population Closer to home Boyle

43 ld at 8 1 87

11 lei at 87

15 Id

46 See Haver Crosley Effects of Tradi tional Teaching 5 A

Mu ltisensory Inst ructional Package of the Science Achievemen t and

Attitud es of Eng lish Language Learn ers Middl es-School students

and English-Speaking Middl e-School Students 86 (2007) (Ed D

dissert ation St Johns University) (on file with autho r) Haver Crosly

foun d tha t tactua lkinesth etic-preferenced middle-schoolers achieved

their best when using instructional materials (the content as

science) that were congruent with their learn ing styles

47 Renee Cambi ano LearningPreferences of the Age Cohorts Generation X Baby Boomers aneithe Silent Generation 15 70

(l999) (Ed D Doctoral Dissert ation Univers ity ofMe mp his) (on

file with autho r) She found significant differences between the Baby

Boom er Ge neration (birth years 1943- (960) and both the Gen Xers

(birth years 1961 - 1981) and th e Silent Generation (birth years

1925 - 1942) on tactu al pre ferences Her results indicated that Gen

X and the Silent Ge nera tion pre fer to use manipulativcs to lear n

new inform ation and to engage in note-taking whi ch would be less

effective for th e Baby Boo mers lrl at 70 The popul ation for th e

Carnbiano study was gra duate studentsld at 21

hirapplying the

findings of these

5tucliestb law

students We can

ratedietthat those

who are tactual

amdVi~ualwould

IrJenefit from

laptop use in the

classroom

12

Atmiddotthe outsetlt

inform students

abQut r~ported

resultsinaicati rig

that students can

be distractedby

Inappropriate

websitesoriing

and emailing

during Glass)

Perspectives Teaching Legal Research and Writing

and Ingham found that Generation Xers in

law schools are slightly more tactual than their

professors It is important to note that the

percentage of those who strongly prefer to

learn tactually or visually is small in any cohort

Thi s Authors empirical studies oflaw students

conducted over a ten -year period indicate that

only approximately 20 percent demonstrate a

preference for tactual learning and fewer than

that 10 percent are visual learners Additionally

Boyle Minneti and Honigsfeld found that

law students were less tactual compared with

their peers in oth er academic disciplines

Im plicat ions for the Classroom

Although teachers need to find their own

hom eostasis in their classroom s the complet e

prohibition of laptops is less than opt imal for

tactual and visual learners who actually use them

for appropriate purposes When students are

taught in ways that complement their learning

styles they will improve academically And

as the Martini study indicated there may be

some benefit to all students regardless oflearning

style who use laptops for note-taking and other

I Vol 20 No1 Fall 2011

instructional purposes while in class Thus

professors should allow students to use their

laptops in their classrooms but within limits

To curb laptop distractions professors

could try a variety of approaches

bull At the outset inform students about reported

results from prior studies indicating that

students can be distracted by inappropriate website

surfmg and emailin g during classSol Explain

that there are consequences for distractions

bull Give students notice of penalties for

inappropriate laptop use which could

include a ban for the entire class for the

remaining class period (this sparks peer

pressure on the offending student)

bull Announce Alleyes on me when wayward

eyes focus on the monitors at unusual times

bull Suggest at appropriate times to close laptops

bull Develop a written laptop policy and place the

statement prominently on the course syllabus

bull Move the lecture along to a point where

the students need to interact with each

other or with pen and paper

48 Joanne Ingham amp Robin A Boyle Generation X in Law School How These ta w Stude nts are DifFrent from Thse Wh Teach The1ll 56 J Legal [ duc 281 graphs A B amp C (2006)

49 Sec Boyleamp Dunn supra note 12 at app 2 Robin A Boyle Bringing Learning-Style Instru ctional Strategies to LawSchools You Be the Judge in Practical Approaches to Using Learning Styles Application in Higher Edocation 158 160 tbl 174 (Rita Dunn and Shirley A Griggs eds Bergin amp Garvey 2000) Robin A Boyle amp Lynne Dolle Providing Structure to Law Students - In troducing the Programmed t earning Sequence a an Tntructional Tool 8 Legal Writing I Legal Writing Inst 59 at app A (2002) Robin A Boyle Karen Rosso and Rose Frances Lefkowitz Presenting a New Instructional Tool fo r Teaching Law-Related Courses A Contract Actiity Packagefo r Motivated and Independent Learners 38 (I) GOIlZ L Rev I at app A (2003) Robin A Boyle Empoving Activeshy

LearniS Techniques and Metacogllilion in Law SchoolShifting Energyrom Irofessorto St dent 81 U Det Mercv 1 Rev I at app A (2003) Robin Doyle Jeffrey Minneti and Andrea Honigsfeld Law Students Are Different fr om the Genera Populat ion Empiricul Findings Regarding Learning Styles 17 (3) Perspectives Teaching Legal Res and Writing 153 (Spring 2009)

50 See Doyle Minneti amp Honigsfeld supra note 49 at 158-59

51 See Martini supra note 6Terregrossa et al supra note 13 Matlzrnan sp ra note 28 Rochford supra note 29

52 Sec Martini pra note 6

53 See eg Sovern supra note 3 Fried supra note 3

54 See Tracy McGaugh Laptops in the Classroom Pondering the Possibilities 14 (3) Perspectives Teaching Legal Res amp Writing 163

(2006) (suggesling that professors first acknowledge to students that

there is a potential problem with inappropriate laptop use in class)

55 See Fried supra note 3 at 912 (suggesting thai professors warn students about the pitfalls of inappropr iate laptop use during class time)

56 See McGaugh supra note 54

57 lhis Author has Singled out one or two individuals and stated flatly closeyour laptops when these students were blatantly smirking and typing at inappropriate times 111is curbing sets a tone for the

rest of the class I have also talked to students outside of classabout whether their use of laptops pert ained to class matters

58 For example I provide the following written policy on my syllabi Laptop policy Students may use their laptops in class for purp oses of taking notes or other academic work associated with

my course Laptop use inconsistent with this policy may result in sospension of laptop privilege in class

Perspectives Teaching Legal Research and Writing I Vol 20 I NO1 I Fall 2011

III Have a laptop free zone by reserving certain

rows for those with and without laptops

The following approa ches would

provide effective use oflaptops

III Have students use their laptops to draft

answers to exercises in casebook or in legal

writing texts (For my Contracts class I

have stud ents draft an essay based upon a

former exam question For my Legal Analysis

and Writing class I have students draft an

application of law to fact paragraph For my

Drafting Contracts class I have students draft

a provision of a contract) Then have students

send the drafts to an electronic assignment

drop box (TWEN or another forum such

as the professors email account) and allow

the class to view these drafts on a screen

Provide a live critique of work displayed

II Use Internet access for students to

research short legal questions in class

III Use laptops to access the documents

you have previously posted (syllabus

course materials assignments)

59 See McCreary supra note 9 at 104 (advocatin g an optimum

learning environment because students have varied learning styles)

-- --shy~--_

Another Perspective

III In the classroom explore wikis and customized

polling features The wiki will allow multiple

students to edit a document A professor

can pose a question on the poll function and

stud ents can send in yes or no responses

III Encourage students to be creative in

designing a learning exercise in the form of

a game (a word game crossword puzzle) or

PowerPoint slide show while in class

In conclusion laptops can provide a classroom

without walls Students can research create and

send documents during class and edit written

work-in-progress This will benefit those whose

learning style is complementary with laptop

use And by setting proper limits all students

may find their laptops beneficial for class use

copy 2011 Robin A Boyle

so See Boyle Russo amp Lefkowitz supra note 49 When my

students appear to need a fresh way to approach material such as difficult concept s of contract building blocks or legal research I suggest that they create thei r own resources using the Contract

Activity Package Id I also include an open category for students to

come up with their own ideas Often they turn to their laptop s and create a game orslide show

fiJ After reading this Article my Research Assistant commented

I would feel crippled without a laptop in class His comment sums

up the point of this piece

[l]qptops

can provide

a classroom

withoutwalls

Studentscan

researQh create

and send

documents

(juring class and

editworks-inshy

progreSs

I

Whether managing distractions minimizing str ess or max imizing sleep the bottom line is that we must attend to attending Mind s have always wandered but our attention has never been more challenged than in thi s multi-media high -tech world Media and technology must be our tools not our masters Without learning to attend to the th ings that matter we will be fatally distracted by every beep flash and pop-up and therefore be unable to perform the sophisticated cognitive work required of th e st udy and practice of law If the study and practice of law require attention then attention needs developing just like any other skil l Developing attention requires practice self shyreflection anddiligence If professors find their students are not attending to the class material but instead are engaged in computer games e-mail instant messaging and other technological distractions professors need to ask why The why may be that students are so used to being distracted that they have not yet learned how to pay attention

MH Sam Jacobson Paying Anemion or Focally DistractedConcentration Memory and Multi-Tasking in a Mulli -vledia Worid 16 Legal Writing 419 461 (2010)

1 _

  • Cover Should Laptops Be Banned
  • Should Laptops Be Banned Abstract
  • Should Lap Tops Be Banned

9 Perspectiv es Teaching Legal Research and Writ ing Vol 20 No1 Fall 2011

and difficul t information A learning-style

mode l develope d by Drs Rita and Kenn eth Dunn

(Dunn and Dunn Model) is based upo n more

than three decades of research spanning 135

institutions of higher education throughout the

world Cur rently the Model includes 26 learn ingshy

style elemen tsI I These 26 variables are subdivided

into six stimulus strands Perceptua l Psychological

Physiological Emotional Environmental and

Sociological Researchers have verified and

offered independent empirical support of the

efficacy of the Dunn and Dun n methodology

The tactual elemen t is included within the larger

category of Perceptual Strengths Taetual learne rs

need to handle and ma nipulate instruc tional

ma terials in order to best absorb new and

difficult information During lectures tactual

learn ers retain the information best if they

engage in small motor skills Tactual learn ers

10 Rita Dunn amp Shirley A Griggs Multi cu lturalism and Learning

Style Teaching an d Co unse ling Adolescents 14-15 (1998 ) See Rita

Dunn amp Kenneth Dunn Teaching Secondary Students Thr o ugh Thei r

Ind ividual lea rni ng Styles A Pract ical Approach for Grades 7- 12 2

(1993) (applicable 10ad ults as well as yo ung learners)

II See the learning-sty les website at wwlea rni ngstvlesnel (last

accessed o n July 2 20 11) Susa n Rundle amp Andrea Honi gsfeld with

Rita D unn Buildin g Excellence An Ed ucators Guide to th e Lea rning

Individ ual (2007)

12 See Rundle Honigsfeld with Dunn supra note I I at 8-9

Percept ua l Streng ths includes audi to ry visua l tactu al and kines theti c

preferences Psych ological Strengt hs includes global v ana lyt ic

pro cessing impulsive v reflective PhyslologlcalStrengths include

lime-of-day energy levels food or liq uid intake and mob ility whil e learning Emotional Strengths include motivation persistence

(completing oue task at a tim e or mu lti-taskin g) respon sibili ty

(confo rmity v nonco nform ity) and structure Enviro nme nta l

Strengths inclu de sound ligh t temperature an d furn itureseating

design Socio log ical Streng ths include learn ing in alo ne pairs

grou ps with out au expert and variety of ways v consis tent patter ns

fERobin A Boyle amp Rita Dunn Tea ching taw Students Through

Indi iduill teltmling Slrl 62 Alb I lk V 213 224 -25 (1998) (after assessing the learn ing styles of first-yea r students at St Johns

Un iversity School of Law concluded that law stude nts were d iverse

in their learning style s )

I J Ralp h A Terregro ssa Fred Eng lander and Zhaobo Wang

Wh y Learn ing Styles Matte r For Student Achievem en t in Co llege

Eco nomic s9(1) J Econo mic Ed ucators 16 30 (Sum mer 2009)

14 See Patr icia Mur phy Raupers Researc h on Perceptual

Streng ths I See What You Mean I Hear Wh at You Say Are You

Stayi ng in Touch Are You Moving My Way in Synthesis o f the

D un n and D unn Learning-Style Model Resea rch Wh o W hat W hen

Whe re and So Wh at 23 23 (Rita Dun n amp Shirley A Gri ggs eds bull3d

ed 2oo7)

learn best by taking notes trad itionally such

as with pen and paper or on chart paper

The visual element is also included within the

category of Perceptual Strengths The Dunn and

Dunn Mode l along with Building Excellence

an onlin e assessment tool distinguish

between visual-picture learners and visual-text

learnersIS Visual-picture learners learn best

if they create or refer to pictures flowchar ts

or graphs Visual-text learn ers prefer text in

hand outs overheads or casebooks to help them

retain an auditory presentation or lecture Not all

adults are visual learners but those who are can

remember 75 perce nt of the academic information

they have read during a 30-40 minu te interval

Is Ther e Validity to the Theo ry that Matching Instructional Strategies to Indiv idua l Learn ing Style Improves Learni ng

Numerous stud ies have found that students learn

best when taught with complementary rather than

dissonant instructional strategies Although

[ijndividuals differ in how they absorb and

process new and difficult information the

mater ial is best absorbed and processed according

to their primary learning-style strengths Study

after study indicates patterns between academ ic

ach ievement and learning style giving researchers

15 See Rundle amp Honigsfeld w ith Dunn supra note II at 23

16 For more information go to wwwlearningstvlesnd (last accesse d July 2 20 11)

17 See Rundle amp Honi gsfeld with Dunn supra note 11 al 18-19

IS ampe iltlaI 20 -2 L

19 See iii at 19

20 See id at 2 L

21 Rita Dun n Ar min RIhies And rea Honl gsfeld Syn thesis o f

the Dunn and D unn Learn ing-Style Mod el Resear ch Analysis from a

Ne uropsychological Perspective 8 (200 1) (St John s Universtty School

o f Educ amp Hum Serv)

22 Id a19 Dunn amp Griggs sup ra note 10 at 20 (W hen

adolescents were introduce d to new material through th eir per ceptual

pr eferences they remembered significantly more than when they

were in troduced to sim ilar materia l th rou gh th eir least -preferred

mod ality )

2J Dunn Thies amp Honi gsfeld supra notc 2 1 at 9 Dunn amp

Griggs supra note10 at 7

Numerous

stud ies nave

found that

stude nts learn

best when

taught with

complementary

rather than

dissonant

inst ruetionaI

strategies

10 Perspectives Teaching Legal Research and Writing I Vol 20 I No1 I Fall 2011

[C]Orflputer use

is both ta ctuali amd visual It is

tactua l Deca use o~

the use rshea~

reliance upon

I4sing Gnestllmds

and itisv isual

because of the

imag~s proJecte(Ji

onthe screen

fur ther cause to believe that learning style

and brain functions are connected

For example Ralph Terregrossa and othe rs

recently found that lear ning style characteristics

of students (in a college economics cour se] do

appear to have a sign ificant relation ship to the

students achievement Th ese researchers

inferred that student performance can be positively

influenced by conveying the subject material in

a congruent manner to the learning style of th e

students Similarly in a study involving adults

Joanne Ingham found that when truck drivers

mechan ics and managers were taught using an

instructional style that matched their learn ing-style

preferences they learn ed Significantly moreF

Research ers had similar finding s for college

students Rachelle Maltzman found pos itive

result s when she taught developm ental

college students reading and writing using

instructional str ategies that compl emented

their learn ing style Regina Rochford also

taught developm ental college students with

instructional materials that complem ented

their learning-style preferences Rochford

found statistically higher wr iting-test scores in

her study result s when the students materials

complemented their learning style

Thus if students understanding of course

content improves when the method for

24 See genera lly Du nn amp Grigg s supra note 10 at IS

2 Terregrossa et al sllpra not e 13 at 29

26 1d

27 Joanne M Ingham Matching Instructio n with Empl oyee

Percept ual Prefere nce Significantly Increases Train ing Effectiveness

2(1) Human Resource Development Q 53 62-63 (Spri ng 1991)

28 Rachelle Maltzrnan Effects of trad itional versus learni ngshy

style st rategies on commun ity college stud ent s ach ieveme nt in and

atti tudes toward developm ental read ing and writing 153(2008) (Ed

D dissertation on file with St Joh ns University)

29 Reg ina Rochfo rd Effects of learning-style responsive

materials on underachieving remedial-writing studentsat an urban community college (2004) (Ed D disser tation St Johns Universi ty)

Disserta tio n Abstrac ts lntI A64 (12) (on file with St John s

Un iversity)

30 ld

learning complements their learning style one

can dedu ce that laptop use in the classroom

would provide a ben efit to tho se studen ts who

pr efer tactile and visual learn ing Researcher

Maureen Martini proved just that

Is Computer Use both Tactua l and Visual

According to Maureen Mar tinis study computer

use is both tactual and visual It is tactual

because of the users heavy reliance upon

using ones hands and it is visual because

of the im ages projected on the screen

Martinis study focused on computer usage

and the matching and mismatching of students

with instruction al strategies She studied the

relationshipts) between perc eptual learning style

characteristics and computer-assisted instru ction

and the effects of matched and mismatched

condition s on student achievement in science

and attitudes toward each strategY32 Specifically

after assessing the learning styles of seventh

grade subjects she ascertained which ones were

auditory tactu al or visual among other learni ngshy

style elements In one part of the study Martini

provided the same science con tent to students in

ways that complemented their learni ng styles For

instance auditory-preferenced students received

the subject matt er by means of a cassette and

tape recorder The tactual students received

comp uter-assisted instruction by drill and

practice tutorial s simulation probl em solving

games testing and evaluation diag nosis and

prescnption gt Th e visual students received the

same science content as the other two but through

31 Mar tini sopra note 6

32 d at 11 Stud ent s atti tud es in co njun ction with their

learn ing styles were explored in th is study

33 See ~ The Learning Style Inventory was the assessment tool

osed in th is study wh ich is bas ed upon th e Dunn and Dunn Model Id at 15-18 69-7 1

31 See id at 16

35 d

11 Perspectives Teaching Legal Research and Writing Vol 20 I No1 Fall 2011

presentation in written form The study also

mismatch ed students by random assignment In

this way students who were tactual for instance

were given the cont ent in either auditory (by using

a cassette) or visual form (reading materials) All

students level of achievement in the subject matter

was determined by criterion-referenced tests

The results of the Martini investigation revealed

the matching of ind ividual students identified

perceptual preferences with complementary

instructional methods increased science

achievement test performance Mart ini

summarized her study [t]he results verified

the effectiveness of matching instru ctional

methods with the diagnosed perceptual

preference of individual students

Mart ini also found that the computer-assisted

instruction was most effective for all thre e

categories of learners - auditory visual and

tactual - although it was more effective for tactu al

students than for the oth er two In applying

the Mart ini study to what we know about the

diverse learning styles of law students laptop

use during class may be somewhat beneficial for

all students but ideally for tactual learners

Research er William Clarke conducted a study

with low-skilled and below-average skilled

high school students measuring whether their

math skills improved (or declined ) when given

computer-assisted instruction Clarke found

that students improved their math skills to a

greater extent in a computer settin g than in a

36 1a

37 lei at 69

38 lei at 16middot17 73middot 76

39 uat 96

40 ld at 104

oil ld at 107

42 William Robert Clarke the effects of comp uter ized inst ruction

on th e improvement and transfer o f math skills for low-skilled and

below average-skilled sopho more students co nsidering student

gender eth niciry and learn ing style preferences 5 57 ( 1993) (ed D

Dissertation University of La Verne)

non-computer setting Those with mobility and

tactile learning-style preferences showed significant

improvement in their math skills Clarke

dedu ced that because the dominant trait of

tactile learners is the continuous hand activity

this need was satisfied with the students hand

man ipulat ion of the computer keyboard

Thus students who underachieve academically

can improve their academic performance when

they are taught in ways that complement their

learning style Th is is true for tactual (and

kinesthetic) students whose learning-style

preferences are often overlooked in conventional

schools In applying the findin gs of these stud ies

to law students we can predict that those who

are tactu al and visual would benefit from laptop

use in the classroom because it complements

their learning style To prohibit their use of

laptops could actually retard their development

Are Young Adu lts Mo re Likely To Be Tactual andor Visual

Studies have shown that Generat ion X is

slightly more tactual than others For example

researcher Renee Cambiano found that Baby

Boomers would not find tactual engagement

(note-taking) as advantageous as would the

Gen X population Closer to home Boyle

43 ld at 8 1 87

11 lei at 87

15 Id

46 See Haver Crosley Effects of Tradi tional Teaching 5 A

Mu ltisensory Inst ructional Package of the Science Achievemen t and

Attitud es of Eng lish Language Learn ers Middl es-School students

and English-Speaking Middl e-School Students 86 (2007) (Ed D

dissert ation St Johns University) (on file with autho r) Haver Crosly

foun d tha t tactua lkinesth etic-preferenced middle-schoolers achieved

their best when using instructional materials (the content as

science) that were congruent with their learn ing styles

47 Renee Cambi ano LearningPreferences of the Age Cohorts Generation X Baby Boomers aneithe Silent Generation 15 70

(l999) (Ed D Doctoral Dissert ation Univers ity ofMe mp his) (on

file with autho r) She found significant differences between the Baby

Boom er Ge neration (birth years 1943- (960) and both the Gen Xers

(birth years 1961 - 1981) and th e Silent Generation (birth years

1925 - 1942) on tactu al pre ferences Her results indicated that Gen

X and the Silent Ge nera tion pre fer to use manipulativcs to lear n

new inform ation and to engage in note-taking whi ch would be less

effective for th e Baby Boo mers lrl at 70 The popul ation for th e

Carnbiano study was gra duate studentsld at 21

hirapplying the

findings of these

5tucliestb law

students We can

ratedietthat those

who are tactual

amdVi~ualwould

IrJenefit from

laptop use in the

classroom

12

Atmiddotthe outsetlt

inform students

abQut r~ported

resultsinaicati rig

that students can

be distractedby

Inappropriate

websitesoriing

and emailing

during Glass)

Perspectives Teaching Legal Research and Writing

and Ingham found that Generation Xers in

law schools are slightly more tactual than their

professors It is important to note that the

percentage of those who strongly prefer to

learn tactually or visually is small in any cohort

Thi s Authors empirical studies oflaw students

conducted over a ten -year period indicate that

only approximately 20 percent demonstrate a

preference for tactual learning and fewer than

that 10 percent are visual learners Additionally

Boyle Minneti and Honigsfeld found that

law students were less tactual compared with

their peers in oth er academic disciplines

Im plicat ions for the Classroom

Although teachers need to find their own

hom eostasis in their classroom s the complet e

prohibition of laptops is less than opt imal for

tactual and visual learners who actually use them

for appropriate purposes When students are

taught in ways that complement their learning

styles they will improve academically And

as the Martini study indicated there may be

some benefit to all students regardless oflearning

style who use laptops for note-taking and other

I Vol 20 No1 Fall 2011

instructional purposes while in class Thus

professors should allow students to use their

laptops in their classrooms but within limits

To curb laptop distractions professors

could try a variety of approaches

bull At the outset inform students about reported

results from prior studies indicating that

students can be distracted by inappropriate website

surfmg and emailin g during classSol Explain

that there are consequences for distractions

bull Give students notice of penalties for

inappropriate laptop use which could

include a ban for the entire class for the

remaining class period (this sparks peer

pressure on the offending student)

bull Announce Alleyes on me when wayward

eyes focus on the monitors at unusual times

bull Suggest at appropriate times to close laptops

bull Develop a written laptop policy and place the

statement prominently on the course syllabus

bull Move the lecture along to a point where

the students need to interact with each

other or with pen and paper

48 Joanne Ingham amp Robin A Boyle Generation X in Law School How These ta w Stude nts are DifFrent from Thse Wh Teach The1ll 56 J Legal [ duc 281 graphs A B amp C (2006)

49 Sec Boyleamp Dunn supra note 12 at app 2 Robin A Boyle Bringing Learning-Style Instru ctional Strategies to LawSchools You Be the Judge in Practical Approaches to Using Learning Styles Application in Higher Edocation 158 160 tbl 174 (Rita Dunn and Shirley A Griggs eds Bergin amp Garvey 2000) Robin A Boyle amp Lynne Dolle Providing Structure to Law Students - In troducing the Programmed t earning Sequence a an Tntructional Tool 8 Legal Writing I Legal Writing Inst 59 at app A (2002) Robin A Boyle Karen Rosso and Rose Frances Lefkowitz Presenting a New Instructional Tool fo r Teaching Law-Related Courses A Contract Actiity Packagefo r Motivated and Independent Learners 38 (I) GOIlZ L Rev I at app A (2003) Robin A Boyle Empoving Activeshy

LearniS Techniques and Metacogllilion in Law SchoolShifting Energyrom Irofessorto St dent 81 U Det Mercv 1 Rev I at app A (2003) Robin Doyle Jeffrey Minneti and Andrea Honigsfeld Law Students Are Different fr om the Genera Populat ion Empiricul Findings Regarding Learning Styles 17 (3) Perspectives Teaching Legal Res and Writing 153 (Spring 2009)

50 See Doyle Minneti amp Honigsfeld supra note 49 at 158-59

51 See Martini supra note 6Terregrossa et al supra note 13 Matlzrnan sp ra note 28 Rochford supra note 29

52 Sec Martini pra note 6

53 See eg Sovern supra note 3 Fried supra note 3

54 See Tracy McGaugh Laptops in the Classroom Pondering the Possibilities 14 (3) Perspectives Teaching Legal Res amp Writing 163

(2006) (suggesling that professors first acknowledge to students that

there is a potential problem with inappropriate laptop use in class)

55 See Fried supra note 3 at 912 (suggesting thai professors warn students about the pitfalls of inappropr iate laptop use during class time)

56 See McGaugh supra note 54

57 lhis Author has Singled out one or two individuals and stated flatly closeyour laptops when these students were blatantly smirking and typing at inappropriate times 111is curbing sets a tone for the

rest of the class I have also talked to students outside of classabout whether their use of laptops pert ained to class matters

58 For example I provide the following written policy on my syllabi Laptop policy Students may use their laptops in class for purp oses of taking notes or other academic work associated with

my course Laptop use inconsistent with this policy may result in sospension of laptop privilege in class

Perspectives Teaching Legal Research and Writing I Vol 20 I NO1 I Fall 2011

III Have a laptop free zone by reserving certain

rows for those with and without laptops

The following approa ches would

provide effective use oflaptops

III Have students use their laptops to draft

answers to exercises in casebook or in legal

writing texts (For my Contracts class I

have stud ents draft an essay based upon a

former exam question For my Legal Analysis

and Writing class I have students draft an

application of law to fact paragraph For my

Drafting Contracts class I have students draft

a provision of a contract) Then have students

send the drafts to an electronic assignment

drop box (TWEN or another forum such

as the professors email account) and allow

the class to view these drafts on a screen

Provide a live critique of work displayed

II Use Internet access for students to

research short legal questions in class

III Use laptops to access the documents

you have previously posted (syllabus

course materials assignments)

59 See McCreary supra note 9 at 104 (advocatin g an optimum

learning environment because students have varied learning styles)

-- --shy~--_

Another Perspective

III In the classroom explore wikis and customized

polling features The wiki will allow multiple

students to edit a document A professor

can pose a question on the poll function and

stud ents can send in yes or no responses

III Encourage students to be creative in

designing a learning exercise in the form of

a game (a word game crossword puzzle) or

PowerPoint slide show while in class

In conclusion laptops can provide a classroom

without walls Students can research create and

send documents during class and edit written

work-in-progress This will benefit those whose

learning style is complementary with laptop

use And by setting proper limits all students

may find their laptops beneficial for class use

copy 2011 Robin A Boyle

so See Boyle Russo amp Lefkowitz supra note 49 When my

students appear to need a fresh way to approach material such as difficult concept s of contract building blocks or legal research I suggest that they create thei r own resources using the Contract

Activity Package Id I also include an open category for students to

come up with their own ideas Often they turn to their laptop s and create a game orslide show

fiJ After reading this Article my Research Assistant commented

I would feel crippled without a laptop in class His comment sums

up the point of this piece

[l]qptops

can provide

a classroom

withoutwalls

Studentscan

researQh create

and send

documents

(juring class and

editworks-inshy

progreSs

I

Whether managing distractions minimizing str ess or max imizing sleep the bottom line is that we must attend to attending Mind s have always wandered but our attention has never been more challenged than in thi s multi-media high -tech world Media and technology must be our tools not our masters Without learning to attend to the th ings that matter we will be fatally distracted by every beep flash and pop-up and therefore be unable to perform the sophisticated cognitive work required of th e st udy and practice of law If the study and practice of law require attention then attention needs developing just like any other skil l Developing attention requires practice self shyreflection anddiligence If professors find their students are not attending to the class material but instead are engaged in computer games e-mail instant messaging and other technological distractions professors need to ask why The why may be that students are so used to being distracted that they have not yet learned how to pay attention

MH Sam Jacobson Paying Anemion or Focally DistractedConcentration Memory and Multi-Tasking in a Mulli -vledia Worid 16 Legal Writing 419 461 (2010)

1 _

  • Cover Should Laptops Be Banned
  • Should Laptops Be Banned Abstract
  • Should Lap Tops Be Banned

10 Perspectives Teaching Legal Research and Writing I Vol 20 I No1 I Fall 2011

[C]Orflputer use

is both ta ctuali amd visual It is

tactua l Deca use o~

the use rshea~

reliance upon

I4sing Gnestllmds

and itisv isual

because of the

imag~s proJecte(Ji

onthe screen

fur ther cause to believe that learning style

and brain functions are connected

For example Ralph Terregrossa and othe rs

recently found that lear ning style characteristics

of students (in a college economics cour se] do

appear to have a sign ificant relation ship to the

students achievement Th ese researchers

inferred that student performance can be positively

influenced by conveying the subject material in

a congruent manner to the learning style of th e

students Similarly in a study involving adults

Joanne Ingham found that when truck drivers

mechan ics and managers were taught using an

instructional style that matched their learn ing-style

preferences they learn ed Significantly moreF

Research ers had similar finding s for college

students Rachelle Maltzman found pos itive

result s when she taught developm ental

college students reading and writing using

instructional str ategies that compl emented

their learn ing style Regina Rochford also

taught developm ental college students with

instructional materials that complem ented

their learning-style preferences Rochford

found statistically higher wr iting-test scores in

her study result s when the students materials

complemented their learning style

Thus if students understanding of course

content improves when the method for

24 See genera lly Du nn amp Grigg s supra note 10 at IS

2 Terregrossa et al sllpra not e 13 at 29

26 1d

27 Joanne M Ingham Matching Instructio n with Empl oyee

Percept ual Prefere nce Significantly Increases Train ing Effectiveness

2(1) Human Resource Development Q 53 62-63 (Spri ng 1991)

28 Rachelle Maltzrnan Effects of trad itional versus learni ngshy

style st rategies on commun ity college stud ent s ach ieveme nt in and

atti tudes toward developm ental read ing and writing 153(2008) (Ed

D dissertation on file with St Joh ns University)

29 Reg ina Rochfo rd Effects of learning-style responsive

materials on underachieving remedial-writing studentsat an urban community college (2004) (Ed D disser tation St Johns Universi ty)

Disserta tio n Abstrac ts lntI A64 (12) (on file with St John s

Un iversity)

30 ld

learning complements their learning style one

can dedu ce that laptop use in the classroom

would provide a ben efit to tho se studen ts who

pr efer tactile and visual learn ing Researcher

Maureen Martini proved just that

Is Computer Use both Tactua l and Visual

According to Maureen Mar tinis study computer

use is both tactual and visual It is tactual

because of the users heavy reliance upon

using ones hands and it is visual because

of the im ages projected on the screen

Martinis study focused on computer usage

and the matching and mismatching of students

with instruction al strategies She studied the

relationshipts) between perc eptual learning style

characteristics and computer-assisted instru ction

and the effects of matched and mismatched

condition s on student achievement in science

and attitudes toward each strategY32 Specifically

after assessing the learning styles of seventh

grade subjects she ascertained which ones were

auditory tactu al or visual among other learni ngshy

style elements In one part of the study Martini

provided the same science con tent to students in

ways that complemented their learni ng styles For

instance auditory-preferenced students received

the subject matt er by means of a cassette and

tape recorder The tactual students received

comp uter-assisted instruction by drill and

practice tutorial s simulation probl em solving

games testing and evaluation diag nosis and

prescnption gt Th e visual students received the

same science content as the other two but through

31 Mar tini sopra note 6

32 d at 11 Stud ent s atti tud es in co njun ction with their

learn ing styles were explored in th is study

33 See ~ The Learning Style Inventory was the assessment tool

osed in th is study wh ich is bas ed upon th e Dunn and Dunn Model Id at 15-18 69-7 1

31 See id at 16

35 d

11 Perspectives Teaching Legal Research and Writing Vol 20 I No1 Fall 2011

presentation in written form The study also

mismatch ed students by random assignment In

this way students who were tactual for instance

were given the cont ent in either auditory (by using

a cassette) or visual form (reading materials) All

students level of achievement in the subject matter

was determined by criterion-referenced tests

The results of the Martini investigation revealed

the matching of ind ividual students identified

perceptual preferences with complementary

instructional methods increased science

achievement test performance Mart ini

summarized her study [t]he results verified

the effectiveness of matching instru ctional

methods with the diagnosed perceptual

preference of individual students

Mart ini also found that the computer-assisted

instruction was most effective for all thre e

categories of learners - auditory visual and

tactual - although it was more effective for tactu al

students than for the oth er two In applying

the Mart ini study to what we know about the

diverse learning styles of law students laptop

use during class may be somewhat beneficial for

all students but ideally for tactual learners

Research er William Clarke conducted a study

with low-skilled and below-average skilled

high school students measuring whether their

math skills improved (or declined ) when given

computer-assisted instruction Clarke found

that students improved their math skills to a

greater extent in a computer settin g than in a

36 1a

37 lei at 69

38 lei at 16middot17 73middot 76

39 uat 96

40 ld at 104

oil ld at 107

42 William Robert Clarke the effects of comp uter ized inst ruction

on th e improvement and transfer o f math skills for low-skilled and

below average-skilled sopho more students co nsidering student

gender eth niciry and learn ing style preferences 5 57 ( 1993) (ed D

Dissertation University of La Verne)

non-computer setting Those with mobility and

tactile learning-style preferences showed significant

improvement in their math skills Clarke

dedu ced that because the dominant trait of

tactile learners is the continuous hand activity

this need was satisfied with the students hand

man ipulat ion of the computer keyboard

Thus students who underachieve academically

can improve their academic performance when

they are taught in ways that complement their

learning style Th is is true for tactual (and

kinesthetic) students whose learning-style

preferences are often overlooked in conventional

schools In applying the findin gs of these stud ies

to law students we can predict that those who

are tactu al and visual would benefit from laptop

use in the classroom because it complements

their learning style To prohibit their use of

laptops could actually retard their development

Are Young Adu lts Mo re Likely To Be Tactual andor Visual

Studies have shown that Generat ion X is

slightly more tactual than others For example

researcher Renee Cambiano found that Baby

Boomers would not find tactual engagement

(note-taking) as advantageous as would the

Gen X population Closer to home Boyle

43 ld at 8 1 87

11 lei at 87

15 Id

46 See Haver Crosley Effects of Tradi tional Teaching 5 A

Mu ltisensory Inst ructional Package of the Science Achievemen t and

Attitud es of Eng lish Language Learn ers Middl es-School students

and English-Speaking Middl e-School Students 86 (2007) (Ed D

dissert ation St Johns University) (on file with autho r) Haver Crosly

foun d tha t tactua lkinesth etic-preferenced middle-schoolers achieved

their best when using instructional materials (the content as

science) that were congruent with their learn ing styles

47 Renee Cambi ano LearningPreferences of the Age Cohorts Generation X Baby Boomers aneithe Silent Generation 15 70

(l999) (Ed D Doctoral Dissert ation Univers ity ofMe mp his) (on

file with autho r) She found significant differences between the Baby

Boom er Ge neration (birth years 1943- (960) and both the Gen Xers

(birth years 1961 - 1981) and th e Silent Generation (birth years

1925 - 1942) on tactu al pre ferences Her results indicated that Gen

X and the Silent Ge nera tion pre fer to use manipulativcs to lear n

new inform ation and to engage in note-taking whi ch would be less

effective for th e Baby Boo mers lrl at 70 The popul ation for th e

Carnbiano study was gra duate studentsld at 21

hirapplying the

findings of these

5tucliestb law

students We can

ratedietthat those

who are tactual

amdVi~ualwould

IrJenefit from

laptop use in the

classroom

12

Atmiddotthe outsetlt

inform students

abQut r~ported

resultsinaicati rig

that students can

be distractedby

Inappropriate

websitesoriing

and emailing

during Glass)

Perspectives Teaching Legal Research and Writing

and Ingham found that Generation Xers in

law schools are slightly more tactual than their

professors It is important to note that the

percentage of those who strongly prefer to

learn tactually or visually is small in any cohort

Thi s Authors empirical studies oflaw students

conducted over a ten -year period indicate that

only approximately 20 percent demonstrate a

preference for tactual learning and fewer than

that 10 percent are visual learners Additionally

Boyle Minneti and Honigsfeld found that

law students were less tactual compared with

their peers in oth er academic disciplines

Im plicat ions for the Classroom

Although teachers need to find their own

hom eostasis in their classroom s the complet e

prohibition of laptops is less than opt imal for

tactual and visual learners who actually use them

for appropriate purposes When students are

taught in ways that complement their learning

styles they will improve academically And

as the Martini study indicated there may be

some benefit to all students regardless oflearning

style who use laptops for note-taking and other

I Vol 20 No1 Fall 2011

instructional purposes while in class Thus

professors should allow students to use their

laptops in their classrooms but within limits

To curb laptop distractions professors

could try a variety of approaches

bull At the outset inform students about reported

results from prior studies indicating that

students can be distracted by inappropriate website

surfmg and emailin g during classSol Explain

that there are consequences for distractions

bull Give students notice of penalties for

inappropriate laptop use which could

include a ban for the entire class for the

remaining class period (this sparks peer

pressure on the offending student)

bull Announce Alleyes on me when wayward

eyes focus on the monitors at unusual times

bull Suggest at appropriate times to close laptops

bull Develop a written laptop policy and place the

statement prominently on the course syllabus

bull Move the lecture along to a point where

the students need to interact with each

other or with pen and paper

48 Joanne Ingham amp Robin A Boyle Generation X in Law School How These ta w Stude nts are DifFrent from Thse Wh Teach The1ll 56 J Legal [ duc 281 graphs A B amp C (2006)

49 Sec Boyleamp Dunn supra note 12 at app 2 Robin A Boyle Bringing Learning-Style Instru ctional Strategies to LawSchools You Be the Judge in Practical Approaches to Using Learning Styles Application in Higher Edocation 158 160 tbl 174 (Rita Dunn and Shirley A Griggs eds Bergin amp Garvey 2000) Robin A Boyle amp Lynne Dolle Providing Structure to Law Students - In troducing the Programmed t earning Sequence a an Tntructional Tool 8 Legal Writing I Legal Writing Inst 59 at app A (2002) Robin A Boyle Karen Rosso and Rose Frances Lefkowitz Presenting a New Instructional Tool fo r Teaching Law-Related Courses A Contract Actiity Packagefo r Motivated and Independent Learners 38 (I) GOIlZ L Rev I at app A (2003) Robin A Boyle Empoving Activeshy

LearniS Techniques and Metacogllilion in Law SchoolShifting Energyrom Irofessorto St dent 81 U Det Mercv 1 Rev I at app A (2003) Robin Doyle Jeffrey Minneti and Andrea Honigsfeld Law Students Are Different fr om the Genera Populat ion Empiricul Findings Regarding Learning Styles 17 (3) Perspectives Teaching Legal Res and Writing 153 (Spring 2009)

50 See Doyle Minneti amp Honigsfeld supra note 49 at 158-59

51 See Martini supra note 6Terregrossa et al supra note 13 Matlzrnan sp ra note 28 Rochford supra note 29

52 Sec Martini pra note 6

53 See eg Sovern supra note 3 Fried supra note 3

54 See Tracy McGaugh Laptops in the Classroom Pondering the Possibilities 14 (3) Perspectives Teaching Legal Res amp Writing 163

(2006) (suggesling that professors first acknowledge to students that

there is a potential problem with inappropriate laptop use in class)

55 See Fried supra note 3 at 912 (suggesting thai professors warn students about the pitfalls of inappropr iate laptop use during class time)

56 See McGaugh supra note 54

57 lhis Author has Singled out one or two individuals and stated flatly closeyour laptops when these students were blatantly smirking and typing at inappropriate times 111is curbing sets a tone for the

rest of the class I have also talked to students outside of classabout whether their use of laptops pert ained to class matters

58 For example I provide the following written policy on my syllabi Laptop policy Students may use their laptops in class for purp oses of taking notes or other academic work associated with

my course Laptop use inconsistent with this policy may result in sospension of laptop privilege in class

Perspectives Teaching Legal Research and Writing I Vol 20 I NO1 I Fall 2011

III Have a laptop free zone by reserving certain

rows for those with and without laptops

The following approa ches would

provide effective use oflaptops

III Have students use their laptops to draft

answers to exercises in casebook or in legal

writing texts (For my Contracts class I

have stud ents draft an essay based upon a

former exam question For my Legal Analysis

and Writing class I have students draft an

application of law to fact paragraph For my

Drafting Contracts class I have students draft

a provision of a contract) Then have students

send the drafts to an electronic assignment

drop box (TWEN or another forum such

as the professors email account) and allow

the class to view these drafts on a screen

Provide a live critique of work displayed

II Use Internet access for students to

research short legal questions in class

III Use laptops to access the documents

you have previously posted (syllabus

course materials assignments)

59 See McCreary supra note 9 at 104 (advocatin g an optimum

learning environment because students have varied learning styles)

-- --shy~--_

Another Perspective

III In the classroom explore wikis and customized

polling features The wiki will allow multiple

students to edit a document A professor

can pose a question on the poll function and

stud ents can send in yes or no responses

III Encourage students to be creative in

designing a learning exercise in the form of

a game (a word game crossword puzzle) or

PowerPoint slide show while in class

In conclusion laptops can provide a classroom

without walls Students can research create and

send documents during class and edit written

work-in-progress This will benefit those whose

learning style is complementary with laptop

use And by setting proper limits all students

may find their laptops beneficial for class use

copy 2011 Robin A Boyle

so See Boyle Russo amp Lefkowitz supra note 49 When my

students appear to need a fresh way to approach material such as difficult concept s of contract building blocks or legal research I suggest that they create thei r own resources using the Contract

Activity Package Id I also include an open category for students to

come up with their own ideas Often they turn to their laptop s and create a game orslide show

fiJ After reading this Article my Research Assistant commented

I would feel crippled without a laptop in class His comment sums

up the point of this piece

[l]qptops

can provide

a classroom

withoutwalls

Studentscan

researQh create

and send

documents

(juring class and

editworks-inshy

progreSs

I

Whether managing distractions minimizing str ess or max imizing sleep the bottom line is that we must attend to attending Mind s have always wandered but our attention has never been more challenged than in thi s multi-media high -tech world Media and technology must be our tools not our masters Without learning to attend to the th ings that matter we will be fatally distracted by every beep flash and pop-up and therefore be unable to perform the sophisticated cognitive work required of th e st udy and practice of law If the study and practice of law require attention then attention needs developing just like any other skil l Developing attention requires practice self shyreflection anddiligence If professors find their students are not attending to the class material but instead are engaged in computer games e-mail instant messaging and other technological distractions professors need to ask why The why may be that students are so used to being distracted that they have not yet learned how to pay attention

MH Sam Jacobson Paying Anemion or Focally DistractedConcentration Memory and Multi-Tasking in a Mulli -vledia Worid 16 Legal Writing 419 461 (2010)

1 _

  • Cover Should Laptops Be Banned
  • Should Laptops Be Banned Abstract
  • Should Lap Tops Be Banned

11 Perspectives Teaching Legal Research and Writing Vol 20 I No1 Fall 2011

presentation in written form The study also

mismatch ed students by random assignment In

this way students who were tactual for instance

were given the cont ent in either auditory (by using

a cassette) or visual form (reading materials) All

students level of achievement in the subject matter

was determined by criterion-referenced tests

The results of the Martini investigation revealed

the matching of ind ividual students identified

perceptual preferences with complementary

instructional methods increased science

achievement test performance Mart ini

summarized her study [t]he results verified

the effectiveness of matching instru ctional

methods with the diagnosed perceptual

preference of individual students

Mart ini also found that the computer-assisted

instruction was most effective for all thre e

categories of learners - auditory visual and

tactual - although it was more effective for tactu al

students than for the oth er two In applying

the Mart ini study to what we know about the

diverse learning styles of law students laptop

use during class may be somewhat beneficial for

all students but ideally for tactual learners

Research er William Clarke conducted a study

with low-skilled and below-average skilled

high school students measuring whether their

math skills improved (or declined ) when given

computer-assisted instruction Clarke found

that students improved their math skills to a

greater extent in a computer settin g than in a

36 1a

37 lei at 69

38 lei at 16middot17 73middot 76

39 uat 96

40 ld at 104

oil ld at 107

42 William Robert Clarke the effects of comp uter ized inst ruction

on th e improvement and transfer o f math skills for low-skilled and

below average-skilled sopho more students co nsidering student

gender eth niciry and learn ing style preferences 5 57 ( 1993) (ed D

Dissertation University of La Verne)

non-computer setting Those with mobility and

tactile learning-style preferences showed significant

improvement in their math skills Clarke

dedu ced that because the dominant trait of

tactile learners is the continuous hand activity

this need was satisfied with the students hand

man ipulat ion of the computer keyboard

Thus students who underachieve academically

can improve their academic performance when

they are taught in ways that complement their

learning style Th is is true for tactual (and

kinesthetic) students whose learning-style

preferences are often overlooked in conventional

schools In applying the findin gs of these stud ies

to law students we can predict that those who

are tactu al and visual would benefit from laptop

use in the classroom because it complements

their learning style To prohibit their use of

laptops could actually retard their development

Are Young Adu lts Mo re Likely To Be Tactual andor Visual

Studies have shown that Generat ion X is

slightly more tactual than others For example

researcher Renee Cambiano found that Baby

Boomers would not find tactual engagement

(note-taking) as advantageous as would the

Gen X population Closer to home Boyle

43 ld at 8 1 87

11 lei at 87

15 Id

46 See Haver Crosley Effects of Tradi tional Teaching 5 A

Mu ltisensory Inst ructional Package of the Science Achievemen t and

Attitud es of Eng lish Language Learn ers Middl es-School students

and English-Speaking Middl e-School Students 86 (2007) (Ed D

dissert ation St Johns University) (on file with autho r) Haver Crosly

foun d tha t tactua lkinesth etic-preferenced middle-schoolers achieved

their best when using instructional materials (the content as

science) that were congruent with their learn ing styles

47 Renee Cambi ano LearningPreferences of the Age Cohorts Generation X Baby Boomers aneithe Silent Generation 15 70

(l999) (Ed D Doctoral Dissert ation Univers ity ofMe mp his) (on

file with autho r) She found significant differences between the Baby

Boom er Ge neration (birth years 1943- (960) and both the Gen Xers

(birth years 1961 - 1981) and th e Silent Generation (birth years

1925 - 1942) on tactu al pre ferences Her results indicated that Gen

X and the Silent Ge nera tion pre fer to use manipulativcs to lear n

new inform ation and to engage in note-taking whi ch would be less

effective for th e Baby Boo mers lrl at 70 The popul ation for th e

Carnbiano study was gra duate studentsld at 21

hirapplying the

findings of these

5tucliestb law

students We can

ratedietthat those

who are tactual

amdVi~ualwould

IrJenefit from

laptop use in the

classroom

12

Atmiddotthe outsetlt

inform students

abQut r~ported

resultsinaicati rig

that students can

be distractedby

Inappropriate

websitesoriing

and emailing

during Glass)

Perspectives Teaching Legal Research and Writing

and Ingham found that Generation Xers in

law schools are slightly more tactual than their

professors It is important to note that the

percentage of those who strongly prefer to

learn tactually or visually is small in any cohort

Thi s Authors empirical studies oflaw students

conducted over a ten -year period indicate that

only approximately 20 percent demonstrate a

preference for tactual learning and fewer than

that 10 percent are visual learners Additionally

Boyle Minneti and Honigsfeld found that

law students were less tactual compared with

their peers in oth er academic disciplines

Im plicat ions for the Classroom

Although teachers need to find their own

hom eostasis in their classroom s the complet e

prohibition of laptops is less than opt imal for

tactual and visual learners who actually use them

for appropriate purposes When students are

taught in ways that complement their learning

styles they will improve academically And

as the Martini study indicated there may be

some benefit to all students regardless oflearning

style who use laptops for note-taking and other

I Vol 20 No1 Fall 2011

instructional purposes while in class Thus

professors should allow students to use their

laptops in their classrooms but within limits

To curb laptop distractions professors

could try a variety of approaches

bull At the outset inform students about reported

results from prior studies indicating that

students can be distracted by inappropriate website

surfmg and emailin g during classSol Explain

that there are consequences for distractions

bull Give students notice of penalties for

inappropriate laptop use which could

include a ban for the entire class for the

remaining class period (this sparks peer

pressure on the offending student)

bull Announce Alleyes on me when wayward

eyes focus on the monitors at unusual times

bull Suggest at appropriate times to close laptops

bull Develop a written laptop policy and place the

statement prominently on the course syllabus

bull Move the lecture along to a point where

the students need to interact with each

other or with pen and paper

48 Joanne Ingham amp Robin A Boyle Generation X in Law School How These ta w Stude nts are DifFrent from Thse Wh Teach The1ll 56 J Legal [ duc 281 graphs A B amp C (2006)

49 Sec Boyleamp Dunn supra note 12 at app 2 Robin A Boyle Bringing Learning-Style Instru ctional Strategies to LawSchools You Be the Judge in Practical Approaches to Using Learning Styles Application in Higher Edocation 158 160 tbl 174 (Rita Dunn and Shirley A Griggs eds Bergin amp Garvey 2000) Robin A Boyle amp Lynne Dolle Providing Structure to Law Students - In troducing the Programmed t earning Sequence a an Tntructional Tool 8 Legal Writing I Legal Writing Inst 59 at app A (2002) Robin A Boyle Karen Rosso and Rose Frances Lefkowitz Presenting a New Instructional Tool fo r Teaching Law-Related Courses A Contract Actiity Packagefo r Motivated and Independent Learners 38 (I) GOIlZ L Rev I at app A (2003) Robin A Boyle Empoving Activeshy

LearniS Techniques and Metacogllilion in Law SchoolShifting Energyrom Irofessorto St dent 81 U Det Mercv 1 Rev I at app A (2003) Robin Doyle Jeffrey Minneti and Andrea Honigsfeld Law Students Are Different fr om the Genera Populat ion Empiricul Findings Regarding Learning Styles 17 (3) Perspectives Teaching Legal Res and Writing 153 (Spring 2009)

50 See Doyle Minneti amp Honigsfeld supra note 49 at 158-59

51 See Martini supra note 6Terregrossa et al supra note 13 Matlzrnan sp ra note 28 Rochford supra note 29

52 Sec Martini pra note 6

53 See eg Sovern supra note 3 Fried supra note 3

54 See Tracy McGaugh Laptops in the Classroom Pondering the Possibilities 14 (3) Perspectives Teaching Legal Res amp Writing 163

(2006) (suggesling that professors first acknowledge to students that

there is a potential problem with inappropriate laptop use in class)

55 See Fried supra note 3 at 912 (suggesting thai professors warn students about the pitfalls of inappropr iate laptop use during class time)

56 See McGaugh supra note 54

57 lhis Author has Singled out one or two individuals and stated flatly closeyour laptops when these students were blatantly smirking and typing at inappropriate times 111is curbing sets a tone for the

rest of the class I have also talked to students outside of classabout whether their use of laptops pert ained to class matters

58 For example I provide the following written policy on my syllabi Laptop policy Students may use their laptops in class for purp oses of taking notes or other academic work associated with

my course Laptop use inconsistent with this policy may result in sospension of laptop privilege in class

Perspectives Teaching Legal Research and Writing I Vol 20 I NO1 I Fall 2011

III Have a laptop free zone by reserving certain

rows for those with and without laptops

The following approa ches would

provide effective use oflaptops

III Have students use their laptops to draft

answers to exercises in casebook or in legal

writing texts (For my Contracts class I

have stud ents draft an essay based upon a

former exam question For my Legal Analysis

and Writing class I have students draft an

application of law to fact paragraph For my

Drafting Contracts class I have students draft

a provision of a contract) Then have students

send the drafts to an electronic assignment

drop box (TWEN or another forum such

as the professors email account) and allow

the class to view these drafts on a screen

Provide a live critique of work displayed

II Use Internet access for students to

research short legal questions in class

III Use laptops to access the documents

you have previously posted (syllabus

course materials assignments)

59 See McCreary supra note 9 at 104 (advocatin g an optimum

learning environment because students have varied learning styles)

-- --shy~--_

Another Perspective

III In the classroom explore wikis and customized

polling features The wiki will allow multiple

students to edit a document A professor

can pose a question on the poll function and

stud ents can send in yes or no responses

III Encourage students to be creative in

designing a learning exercise in the form of

a game (a word game crossword puzzle) or

PowerPoint slide show while in class

In conclusion laptops can provide a classroom

without walls Students can research create and

send documents during class and edit written

work-in-progress This will benefit those whose

learning style is complementary with laptop

use And by setting proper limits all students

may find their laptops beneficial for class use

copy 2011 Robin A Boyle

so See Boyle Russo amp Lefkowitz supra note 49 When my

students appear to need a fresh way to approach material such as difficult concept s of contract building blocks or legal research I suggest that they create thei r own resources using the Contract

Activity Package Id I also include an open category for students to

come up with their own ideas Often they turn to their laptop s and create a game orslide show

fiJ After reading this Article my Research Assistant commented

I would feel crippled without a laptop in class His comment sums

up the point of this piece

[l]qptops

can provide

a classroom

withoutwalls

Studentscan

researQh create

and send

documents

(juring class and

editworks-inshy

progreSs

I

Whether managing distractions minimizing str ess or max imizing sleep the bottom line is that we must attend to attending Mind s have always wandered but our attention has never been more challenged than in thi s multi-media high -tech world Media and technology must be our tools not our masters Without learning to attend to the th ings that matter we will be fatally distracted by every beep flash and pop-up and therefore be unable to perform the sophisticated cognitive work required of th e st udy and practice of law If the study and practice of law require attention then attention needs developing just like any other skil l Developing attention requires practice self shyreflection anddiligence If professors find their students are not attending to the class material but instead are engaged in computer games e-mail instant messaging and other technological distractions professors need to ask why The why may be that students are so used to being distracted that they have not yet learned how to pay attention

MH Sam Jacobson Paying Anemion or Focally DistractedConcentration Memory and Multi-Tasking in a Mulli -vledia Worid 16 Legal Writing 419 461 (2010)

1 _

  • Cover Should Laptops Be Banned
  • Should Laptops Be Banned Abstract
  • Should Lap Tops Be Banned

12

Atmiddotthe outsetlt

inform students

abQut r~ported

resultsinaicati rig

that students can

be distractedby

Inappropriate

websitesoriing

and emailing

during Glass)

Perspectives Teaching Legal Research and Writing

and Ingham found that Generation Xers in

law schools are slightly more tactual than their

professors It is important to note that the

percentage of those who strongly prefer to

learn tactually or visually is small in any cohort

Thi s Authors empirical studies oflaw students

conducted over a ten -year period indicate that

only approximately 20 percent demonstrate a

preference for tactual learning and fewer than

that 10 percent are visual learners Additionally

Boyle Minneti and Honigsfeld found that

law students were less tactual compared with

their peers in oth er academic disciplines

Im plicat ions for the Classroom

Although teachers need to find their own

hom eostasis in their classroom s the complet e

prohibition of laptops is less than opt imal for

tactual and visual learners who actually use them

for appropriate purposes When students are

taught in ways that complement their learning

styles they will improve academically And

as the Martini study indicated there may be

some benefit to all students regardless oflearning

style who use laptops for note-taking and other

I Vol 20 No1 Fall 2011

instructional purposes while in class Thus

professors should allow students to use their

laptops in their classrooms but within limits

To curb laptop distractions professors

could try a variety of approaches

bull At the outset inform students about reported

results from prior studies indicating that

students can be distracted by inappropriate website

surfmg and emailin g during classSol Explain

that there are consequences for distractions

bull Give students notice of penalties for

inappropriate laptop use which could

include a ban for the entire class for the

remaining class period (this sparks peer

pressure on the offending student)

bull Announce Alleyes on me when wayward

eyes focus on the monitors at unusual times

bull Suggest at appropriate times to close laptops

bull Develop a written laptop policy and place the

statement prominently on the course syllabus

bull Move the lecture along to a point where

the students need to interact with each

other or with pen and paper

48 Joanne Ingham amp Robin A Boyle Generation X in Law School How These ta w Stude nts are DifFrent from Thse Wh Teach The1ll 56 J Legal [ duc 281 graphs A B amp C (2006)

49 Sec Boyleamp Dunn supra note 12 at app 2 Robin A Boyle Bringing Learning-Style Instru ctional Strategies to LawSchools You Be the Judge in Practical Approaches to Using Learning Styles Application in Higher Edocation 158 160 tbl 174 (Rita Dunn and Shirley A Griggs eds Bergin amp Garvey 2000) Robin A Boyle amp Lynne Dolle Providing Structure to Law Students - In troducing the Programmed t earning Sequence a an Tntructional Tool 8 Legal Writing I Legal Writing Inst 59 at app A (2002) Robin A Boyle Karen Rosso and Rose Frances Lefkowitz Presenting a New Instructional Tool fo r Teaching Law-Related Courses A Contract Actiity Packagefo r Motivated and Independent Learners 38 (I) GOIlZ L Rev I at app A (2003) Robin A Boyle Empoving Activeshy

LearniS Techniques and Metacogllilion in Law SchoolShifting Energyrom Irofessorto St dent 81 U Det Mercv 1 Rev I at app A (2003) Robin Doyle Jeffrey Minneti and Andrea Honigsfeld Law Students Are Different fr om the Genera Populat ion Empiricul Findings Regarding Learning Styles 17 (3) Perspectives Teaching Legal Res and Writing 153 (Spring 2009)

50 See Doyle Minneti amp Honigsfeld supra note 49 at 158-59

51 See Martini supra note 6Terregrossa et al supra note 13 Matlzrnan sp ra note 28 Rochford supra note 29

52 Sec Martini pra note 6

53 See eg Sovern supra note 3 Fried supra note 3

54 See Tracy McGaugh Laptops in the Classroom Pondering the Possibilities 14 (3) Perspectives Teaching Legal Res amp Writing 163

(2006) (suggesling that professors first acknowledge to students that

there is a potential problem with inappropriate laptop use in class)

55 See Fried supra note 3 at 912 (suggesting thai professors warn students about the pitfalls of inappropr iate laptop use during class time)

56 See McGaugh supra note 54

57 lhis Author has Singled out one or two individuals and stated flatly closeyour laptops when these students were blatantly smirking and typing at inappropriate times 111is curbing sets a tone for the

rest of the class I have also talked to students outside of classabout whether their use of laptops pert ained to class matters

58 For example I provide the following written policy on my syllabi Laptop policy Students may use their laptops in class for purp oses of taking notes or other academic work associated with

my course Laptop use inconsistent with this policy may result in sospension of laptop privilege in class

Perspectives Teaching Legal Research and Writing I Vol 20 I NO1 I Fall 2011

III Have a laptop free zone by reserving certain

rows for those with and without laptops

The following approa ches would

provide effective use oflaptops

III Have students use their laptops to draft

answers to exercises in casebook or in legal

writing texts (For my Contracts class I

have stud ents draft an essay based upon a

former exam question For my Legal Analysis

and Writing class I have students draft an

application of law to fact paragraph For my

Drafting Contracts class I have students draft

a provision of a contract) Then have students

send the drafts to an electronic assignment

drop box (TWEN or another forum such

as the professors email account) and allow

the class to view these drafts on a screen

Provide a live critique of work displayed

II Use Internet access for students to

research short legal questions in class

III Use laptops to access the documents

you have previously posted (syllabus

course materials assignments)

59 See McCreary supra note 9 at 104 (advocatin g an optimum

learning environment because students have varied learning styles)

-- --shy~--_

Another Perspective

III In the classroom explore wikis and customized

polling features The wiki will allow multiple

students to edit a document A professor

can pose a question on the poll function and

stud ents can send in yes or no responses

III Encourage students to be creative in

designing a learning exercise in the form of

a game (a word game crossword puzzle) or

PowerPoint slide show while in class

In conclusion laptops can provide a classroom

without walls Students can research create and

send documents during class and edit written

work-in-progress This will benefit those whose

learning style is complementary with laptop

use And by setting proper limits all students

may find their laptops beneficial for class use

copy 2011 Robin A Boyle

so See Boyle Russo amp Lefkowitz supra note 49 When my

students appear to need a fresh way to approach material such as difficult concept s of contract building blocks or legal research I suggest that they create thei r own resources using the Contract

Activity Package Id I also include an open category for students to

come up with their own ideas Often they turn to their laptop s and create a game orslide show

fiJ After reading this Article my Research Assistant commented

I would feel crippled without a laptop in class His comment sums

up the point of this piece

[l]qptops

can provide

a classroom

withoutwalls

Studentscan

researQh create

and send

documents

(juring class and

editworks-inshy

progreSs

I

Whether managing distractions minimizing str ess or max imizing sleep the bottom line is that we must attend to attending Mind s have always wandered but our attention has never been more challenged than in thi s multi-media high -tech world Media and technology must be our tools not our masters Without learning to attend to the th ings that matter we will be fatally distracted by every beep flash and pop-up and therefore be unable to perform the sophisticated cognitive work required of th e st udy and practice of law If the study and practice of law require attention then attention needs developing just like any other skil l Developing attention requires practice self shyreflection anddiligence If professors find their students are not attending to the class material but instead are engaged in computer games e-mail instant messaging and other technological distractions professors need to ask why The why may be that students are so used to being distracted that they have not yet learned how to pay attention

MH Sam Jacobson Paying Anemion or Focally DistractedConcentration Memory and Multi-Tasking in a Mulli -vledia Worid 16 Legal Writing 419 461 (2010)

1 _

  • Cover Should Laptops Be Banned
  • Should Laptops Be Banned Abstract
  • Should Lap Tops Be Banned

Perspectives Teaching Legal Research and Writing I Vol 20 I NO1 I Fall 2011

III Have a laptop free zone by reserving certain

rows for those with and without laptops

The following approa ches would

provide effective use oflaptops

III Have students use their laptops to draft

answers to exercises in casebook or in legal

writing texts (For my Contracts class I

have stud ents draft an essay based upon a

former exam question For my Legal Analysis

and Writing class I have students draft an

application of law to fact paragraph For my

Drafting Contracts class I have students draft

a provision of a contract) Then have students

send the drafts to an electronic assignment

drop box (TWEN or another forum such

as the professors email account) and allow

the class to view these drafts on a screen

Provide a live critique of work displayed

II Use Internet access for students to

research short legal questions in class

III Use laptops to access the documents

you have previously posted (syllabus

course materials assignments)

59 See McCreary supra note 9 at 104 (advocatin g an optimum

learning environment because students have varied learning styles)

-- --shy~--_

Another Perspective

III In the classroom explore wikis and customized

polling features The wiki will allow multiple

students to edit a document A professor

can pose a question on the poll function and

stud ents can send in yes or no responses

III Encourage students to be creative in

designing a learning exercise in the form of

a game (a word game crossword puzzle) or

PowerPoint slide show while in class

In conclusion laptops can provide a classroom

without walls Students can research create and

send documents during class and edit written

work-in-progress This will benefit those whose

learning style is complementary with laptop

use And by setting proper limits all students

may find their laptops beneficial for class use

copy 2011 Robin A Boyle

so See Boyle Russo amp Lefkowitz supra note 49 When my

students appear to need a fresh way to approach material such as difficult concept s of contract building blocks or legal research I suggest that they create thei r own resources using the Contract

Activity Package Id I also include an open category for students to

come up with their own ideas Often they turn to their laptop s and create a game orslide show

fiJ After reading this Article my Research Assistant commented

I would feel crippled without a laptop in class His comment sums

up the point of this piece

[l]qptops

can provide

a classroom

withoutwalls

Studentscan

researQh create

and send

documents

(juring class and

editworks-inshy

progreSs

I

Whether managing distractions minimizing str ess or max imizing sleep the bottom line is that we must attend to attending Mind s have always wandered but our attention has never been more challenged than in thi s multi-media high -tech world Media and technology must be our tools not our masters Without learning to attend to the th ings that matter we will be fatally distracted by every beep flash and pop-up and therefore be unable to perform the sophisticated cognitive work required of th e st udy and practice of law If the study and practice of law require attention then attention needs developing just like any other skil l Developing attention requires practice self shyreflection anddiligence If professors find their students are not attending to the class material but instead are engaged in computer games e-mail instant messaging and other technological distractions professors need to ask why The why may be that students are so used to being distracted that they have not yet learned how to pay attention

MH Sam Jacobson Paying Anemion or Focally DistractedConcentration Memory and Multi-Tasking in a Mulli -vledia Worid 16 Legal Writing 419 461 (2010)

1 _

  • Cover Should Laptops Be Banned
  • Should Laptops Be Banned Abstract
  • Should Lap Tops Be Banned