Skip to main content

Cold-Calling in the Law Classroom

In the years I've spent in legal academia, both as a student and a teacher, there's never been a great deal of discussion about the efficacy of cold-calling students. In the past year, however, I've heard arguments by faculty members that cold-calling works as a form of formative assessment for class, despite the fact that only one student is answering a given question. Recently, however, as I've been exploring brain science, I've been wondering about how much learning actually takes place inside classrooms where cold-calling is the primary method of instruction. Are we making learning more difficult than it needs to be?

I've written briefly before about the effects of retrieval. Retrieval is the stage of the learning process in which students access information from their long-term memories.[1] Regular practice retrieving information leads to both long-term retention of information (basically, because we have had practice finding information in the knowledge structures of our minds, we are better able to later call that information to our minds later) as well as to a boost in students' higher-order thinking and transfer of knowledge.[2]

While on its face, cold-calling is a type of retrieval practice, a recent study calls into question how much students are able to learn via cold-calling if they aren't the one being called on. Powerful Learning, an excellent new book co-authored by cognitive scientist Pooja K. Agarwal and educator Patrice M. Bain, looks to a study by Sarah Tauber and her team, writing:

"[C]old calling doesn't guarantee that all students are engaged in retrieval practice. The students who aren't called on are "off the hook" and no longer responsible for thinking about a response. In fact, research led by Sarah Tauber has demonstrated that when student engage in retrieval practice covertly (in their head, as opposed to an overt written or verbal response), their learning doesn't increase. In other words, we may expect that all of our students are retrieving when we ask questions during lessons, but it's likely that they aren't receiving any benefit unless they're the one being called on."[3]

To be fair, asking a question and just calling on the first person to raise their hand probably has similar issues. We might have a few more students engage in retrieval practice in these situations, as normally a few hands will go up, but we have students who never raise their hand and probably also are not engaging in retrieval practice.

There are some ways to modify in-class questioning so that it allows every student an opportunity to retrieve. Ask a question and then have students jot down an answer or have a discussion with their neighbors. You can then call on one student to report back on the discussion or to provide an answer and continue the discussion as a wider class. This will provide every student in class the opportunity to engage in retrieval practice. 

The bottom line is that relying primarily on cold-calling simply because it's the tradition in legal academia is no longer good enough. Our job as professors is to teach our students and doing something just because it's what we've always done, when it has been scientifically shown not to increase student learning, is detrimental to their learning and growth. I believe we can do better.



[1] Peter C. Brown, Henry L. Roediger III, and Mark A. McDaniel, Make It Stick: The Science of Successful Learning 88-90 (2014).

[2] Pooja K. Agarwal and Patrice M. Bain, Powerful Teaching: Unleash the Science of Learning 39 (2019).

[3] Id. at 86.

Popular posts from this blog

Why Experts Can Struggle to Teach Novices

This week in our Slack group on teaching , there was an interesting discussion about expertise and the amount of time needed to prep for instruction. I mentioned something that I recalled reading: that experts can be less effective in teaching novices because often the expert skips cognitive steps that the novice learner needs to understand.  I thought I'd dig into this a little more today on the blog. The fact is novices and experts learn very differently.  The major reason for this is that experts not only know a lot about their chosen discipline, but they understand how that discipline is organized. As such, what has a clear structure to the expert is a jumbled set of unorganized information to the novice.  The information presented to novices "are more or less random data points."[1]  In contrast, when the expert learns something new in her area of expertise, she just plugs it into the knowledge structure that already exists in her long-term memory. Because the new

Motivation in the Legal Research Classroom

Motivating students in the legal research classroom can be a challenge. As we know, there are many false narratives surrounding students' conceptions of legal research's importance, interest level, and ease, all of which can result in a decrease in students' motivation to engage in this subject matter. There are two types of motivation--intrinsic and extrinsic.  Extrinsic motivation occurs when students are motivated by an outside reward or punishment;[1] in instruction, this is often the grades students will get on research assignments or the participation points they might receive for actively engaging with in-class exercises.  Intrinsic motivation , on the other hand, occurs when students are interested in the topic for its own sake.[2] Due to legal research's false narratives, students entering our classrooms tend to be drive primarily by extrinsic motivation.  The problem is, as Julie Dirksen aptly notes in her excellent book Design for How People Learn , &qu

Helping With Student Focus & Motivation in the Remote Classroom, Part 3: Limiting New Technologies to Reduce Extrinsic Cognitive Load

A librarian colleague used to say to me, "Technology is great until it's not." This couldn't be more true in the classroom.  As many of us prepare for a fall entirely or partially online, there's a rush to familiarize ourselves with lots of new educational technology to teach our classes. There's this sense that if you're not using the best and newest ed tech in your class, you're doing something wrong. Fortunately, the science doesn't back this up.  Using too many different types of technology can be a contributing factor to cognitive overload in students . Cognitive load is a term cognitive psychologists use to describe the mental challenge that the limitations of working memory puts on a student's learning.[1] Basically, working memory is extremely limited in both time and duration. Humans can only hold on to between four and nine "chunks" of information at any given time,[2] and can only hold on to new information in their worki

Rethinking Formative Assessment

We've seen an increased significance placed on formative assessment in the legal academy. Standard 314 of the ABA Standards requires that law schools use both formative and summative assessment methods in their curriculum. Its rational for doing so is "to measure and improve student learning and provide meaningful feedback to students." The ABA defines formative assessment methods as "measurements at different points during a particular course or at different points over the span of a student's education that provide meaningful feedback to improve student learning." Those of us in the legal research instruction business are no strangers to formative assessment. We are leaders in this in the law school curriculum, with rarely a class going by in which students do not practice their skills. Lately, though, I've been wondering whether I'm going about formative assessment in the way that will best provide meaningful feedback to students. In the mandato

Reflection in the Legal Research Classroom

Reflection is a critical component of experiential learning.  We see in ABA Standard 303 that experiential courses must include multiple opportunities for self-evaluation.  Self-evaluation is critically important to legal research.  Students must reflect on and assess their research methodology each time they research to continue becoming more efficient legal researchers and to determine what research strategies work best in which situations. [1] Reflection relates to several ideas found in cognitive theory that have been shown to result in stronger learning and retention: Retrieval : recalling recently-learned information;  Elaboration : finding a nexis between what you know and what you are learning; and  Generation : putting concepts into your own words and/or contemplating what you might do differently next time. I've been contemplating how to better incorporate reflection into legal research classes. At the beginning of this semester, at the recommendation of a works