Catherine F. Klein (USA) Paula Galowitz (USA) Freda Grealy (Ireland) Ernest Ojukwu (Nigeria)

1. Using Self-Determination Theory for Enhanced Effectiveness of Justice Education Programs Applying Research on Motivation & Happiness to Course Design & Teaching Catherine F. Klein (USA) Paula Galowitz (USA) Freda Grealy (Ireland) Ernest Ojukwu (Nigeria) Leah Wortham (USA) December 13, 2013

2. U.S. Carnegie Commission’sLegal Education Goal • “formation of competent and committed professionals” • Integration of three dimensions • Not only teaching legal doctrine & analysis • But also introduction to aspects of practice leading to acting responsibly for clients • Formation of professional identity with values consistent with the fundamental purposes of the legal profession

3. Our formulation • “capable, ethical, psychologically healthy legal professionals” • Graduates with • Foundational grounding in substantive law & practice skills • Combined with skills & motivation forself-direction to learn new law and enhance skills throughout one’s career • Along with professional responsibility & personal integrity in serving clients (or doing other legal work) • Mindfulness for social implications of graduates’ work • Ability to find satisfaction in their careers

4. Presentation’s Theoretical Base • Drive by Daniel Pink (drawing on Sheldon & Krieger psychological material + economists & mgt theorists) • Autonomy • Mastery • Purpose (linked to autonomy & relatedness)

5. Pink Draws On • Self-determination theory (Edward Deci, applied in Sheldon & Krieger’s work) • Competence (mastery) • Autonomy • Relatedness • Motivation & emotion research (Johnmarshall Reeve textbook) • Extrinsic v. intrinsic motivation • Autonomy-supportive teaching

6. Levels of human motivation • Biological:hunger, thirst, sex • Carrots & sticks: external rewards & punishments • Intrinsic motivation

7. Daniel Pink • Citations to book & video URL in bibliography uploaded to website • 6-minute excerpt of 20-minute video • His “21st Century Operating System”

8. Daniel Pink Daniel H. Pink. Drive: The Surprising Truth About What Motivates Us (2009) http://www.ted.com/talks/dan_pink_on_motivation.html Citation in bibliography

9. Some Implications for Law Schools • Education needed for complex tasks • Larry Krieger (& works with Kennon Sheldon) on 1st year shift to extrinsic motivation & decline in mental health • Resonance with law students • LW observations of anxiety impeding performance (reference to Michael Hunter Schwartz)

10. Focus today broader than law schools alone • Post-graduate professional training programs • Continuing legal education for lawyers • People’s lives as lawyers • Small group opportunity to focus on aspect that resonates for each of you

11. Autonomy-Mastery-Purpose • Autonomy: desire to direct our own lives • Mastery: urge to get better and better at something that matters • Purpose: yearning to do what we do in the service of something larger than ourselves, acting in accordance with our “true selves”

12. Autonomy • Behaving with full sense of volition & choice • Contrast to controlled motivation responding to pressure for specific outcomes coming from sources external to oneself • Not independence but acting with choice • Can be autonomous and “happily interdependent”

13. Autonomy & intrinsic motivation research (Johnmarshall Reeve synthesis, applied in Pink) • Autonomous (intrinsic) motivation promotes • Correlates positively with persistence • Enhances creativity • Creativity undermined by “being watched, evaluated, bossed, or rewarded” • Enhanced conceptual understanding & promotes flexible thinking • Greater levels of psychological well being; less anxiety, depression & burnout

14. Three archetypal features of autonomy support • Choice provision • Meaningful rationale provision: where no choice can be provided, authority explains why • Perspective taking: authority shows that he or she is aware of and cares about the point of view of the subordinate

15. Sheldon & Krieger (2007) items measuring autonomy support in two law schools • What has your been your impression of instructors in your program? • Most of my instructors provide me choices and options • I feel able to share my feelings with my instructors • My instructors generally listen to how I would like to do things.

16. Sheldon & Krieger (2007) Greater Self-Determined Career Motivation Enhanced Autonomy Satisfaction Law School 2 Versus Law School 1 Perceived Autonomy Support Enhanced Relatedness Satisfaction Better Subjective Well-Being Enhanced Competence Satisfaction Higher Graded Achievement

17. Mastery - The Virtuoso Way • Mastery is the desire to get better and better at something that matters. Mastery is a mindset.”* • Engagement is committed effort in undertaking a particular task. *Daniel H. Pink, DRIVE, 2009

18. Mastery - The Virtuoso Way Beryl Blaustone’s work on application of neuroscience and learning theory to clinical supervision See bibliography uploaded to the GAJE website 18

19. Mastery Mastery as a Mindset: desire to get better & better at something that matters Achieving Mastery Involves Pain: learning to lawyer involves intense, persistent effort, pushing boundaries of discomfort, periods of “not getting it” Mastery as an Asymptote that Will Never Be Fully Reached 19

20. Mastery - The Virtuoso Way Clear goals and methods promote engagement Teacher should model transparency in practice and not only words Engagement promotes mastery. Continual engagement promotes FLOW. 20

21. MihalyCsikszentmihalyi: states of being at differing degrees of challenge and skill and “FLOW” (focused, concentrated, autonomous, deep engagement) high Arousal Anxiety FLOW Worry CHALLENGES Control Apathy Relaxation Boredom low SKILLS high

22. Mastery - The Virtuoso Way Blaustone’s four supervision principles in IJCLE article (pdf on website) Affirming law students’ capability to become good lawyers Teacher’s communicated clear commitment to student & teacher’s joint responsibility for learning & expectations about tasks Deliberate attention to reducing “fill-in” Taking time to verify understanding from supervision 22

23. Purpose • S&K’s use of self-determination theory lists autonomy, competence, & relatedness as three things necessary to thrive and maximize positive motivation • This use of autonomy includes doing what people enjoy “or at least believe in”: purpose is encompassed, One’s “authentic” self • Victor Frankl: Man’s Search for Meaning • LW externship lawyer guests always talked about their job’s “meaning” even though I did not say to do so

24. For enhanced motivation & productivity on complex tasks • Opportunities for • Autonomy • Mastery • Purpose • Tapping intrinsic rather than extrinsic motivators

25. First small group discussion • Check understanding of the theory • How do the concepts of autonomy support and mastery resonate with your experience in clinical education and legal education more generally?

26. Second group task • Divide into groups of about 5 people • Meet with people you do not already know & mix nationalities

27. Second group task • What aspect of the theory about enhancing perceived autonomy, mastery & purpose among future lawyers & practicing lawyers resonates for your justice education work? • What does it make you think of trying?

28. Quick Write • What are your most significant “take-aways” from the session? • What actions did the session prompt you to consider?