1. CREATING A POSITIVE LEARNING ENVIRONMENT An Empirically-Validated Approach to Learning and Thriving

2. THRIVING: NATURAL EXPERIENCE OF GENERALLY POSITIVE MOOD, MEANING, AND OPTIMAL PERFORMANCE

3. OVERVIEW Law students and lawyers do not thrive as expected Law students and lawyers do not thrive as expected Sources of thriving well understood Sources of thriving well understood Loss of thriving in Law School Loss of thriving in Law School The thriving classroom and school The thriving classroom and school Impact of one teacher, and a few.. Impact of one teacher, and a few..

4. Depression Among Law Students (Benjamin et. al., 1986 Am. Bar Found. Research, 225)

5. Lawyer Distress Subscale (norm = 2.3%) Subscale (norm = 2.3%) ● Obsessive-Compulsive19.0% ● Interpersonal Sensitivity35.3% ● Depression23.4% ● Anxiety30.4% ● Phobic Anxiety10.3% ● Paranoid Ideation12.5% ● Social Alienation and Isolation 26.6% Source: Beck, Sales, and Benjamin, Journal of Law and Health, Volume 10:1 (1996)

6. SOURCES OF THRIVING

7. UNIVERSAL NEEDS UNIVERSAL NEEDS ● Autonomy /Authenticity (can make preferred choices, choices based on true values/interests, express true self;... Integrity!) ● Relatedness (feel well-connected to others generally, closeness, intimacy with important others ● Competence (feel very capable, mastering hard challenges, successful at difficult tasks) ● Self-Esteem (sense of self-respect, have positive qualities, satisfied with one's self) ( DEFINITION: Produce sense of well-being, thriving)

8. ADAPTIVE MOTIVATION AND VALUES ● Internal Motivation ● Action itself is satisfying or enjoyable ● Action supports personal value/goal ● Intrinsic Values/Goals ● Self-Understanding & Growth ● Intimacy ● Helping others ● Community

9. Well-Being, Integrity, High Performance Distress, Addictions, Low Performance/Ethics Needs Satisfied Autonomy, Relatedness, Compet’ce, Self-Esteem Needs Not Satisfied Adaptive Behaviors Intr. Values/Mot. Growth, Intimacy, Helping, Community Extr. Values/Mot. Money, Power, Status, Competitive Advantage Distracting Behaviors

10. DISTRACTIONS

11. Extrinsic Motivation, Values, Goals (produce frustration, irritation, stress)  Money/luxuries  Popularity/influence  Competitive/external outcomes (Grades, Ranking, Rewards...)  Pleasing or impressing others  Relieving anxiety or guilt : Displace Critical Need Satisfaction

12. Well-Being, Integrity, High Performance Distress, Addictions, Low Performance/Ethics Needs Satisfied Autonomy, Self Esteem, Competence, Relations Needs Not Satisfied Adaptive Behaviors Intr. Values/Mot. Growth, Intimacy, Helping, Community Extr. Values/Mot. Money, Power, Status, Competitive Advantage Distracting Behaviors

13. KEEP THEIR EYE ON THE BALL FACULTY INPUT INFORMATION MENTORING MODELING AUTONOMY SUPPORT School Debt Relief Law Review Competition Prestigious Job Outcomes Ranking Moot Court GPA High Salary ENJOYMENT RELATIONSHIPS COMPETENCE LEARN/IMPROVE EXPRESS FULLY MEANING COMMUNITY HELPING JUSTICE RESPECT SELF/INTEGRITY KINDNESS Appearances

14. 1. Do sources of thriving apply to your own life and work, or people you know? (Consider list of needs, values, motivations)

15. 2. Write two ways you can promote sources of thriving in your students? ( review list of needs, values, motivations)

16. Autonomy Support Autonomy Support Authority Provides Respect (rather than Control) (rather than Control)

17. AUTONOMY SUPPORT AND THRIVING Well-Being Performance Intr. Career (GPA & Bar) Motivation * Self Esteem * Relatedness * Self Esteem * Relatedness * Autonomy * Competence * Autonomy * Competence (Student Thriving Factors) Autonomy Support (Faculty/Administration)

18. AUTONOMY SUPPORT Authority (teacher, parent..): Authority (teacher, parent..): Helpful information (Other’s perception) Helpful information (Other’s perception) Appreciates other’s preferences, perspectives (Listen with interest.. ) Appreciates other’s preferences, perspectives (Listen with interest.. ) Provides meaningful choices (when possible) Provides meaningful choices (when possible) Explains if control required Explains if control required

19. AUTONOMY SUPPORT, LEARNING AND TESTING Aut. Support predicted better grades Aut. Support predicted better grades Strongly predicted passage of bar exam Strongly predicted passage of bar exam Bar exam: 4th tier outperformed 2d tier school Bar exam: 4th tier outperformed 2d tier school Aut. Supportive school: Aut. Supportive school: MBE Low range, 22%... vs 47%, MBE Low range, 22%... vs 47%, High range 24%... vs 14% High range 24%... vs 14%

20. 3. Write 1-2 ways you can provide autonomy support to your students. (convey respect, understanding, choices..)

21. LOSS OF THRIVING IN LAW SCHOOL (and How to Fix It) (and How to Fix It)

22. LAW SCHOOL UNDERMINES THRIVING (Behav. Sciences & Law, 2004; Pers. Soc. Psy. Bull., ’07 ) Aggregate Well-being (  ) (p<.001) Aggregate Well-being (  ) (p<.001) Positive Affect (  ) (p<.001) Positive Affect (  ) (p<.001) Beck Depression (  ) (p<.001) Beck Depression (  ) (p<.001) 1L Intrinsic Valuing (  ) (p<.001) 1L Intrinsic Valuing (  ) (p<.001) 2L/3L All Valuing (  ) (p<.001) 2L/3L All Valuing (  ) (p<.001) Internal Motivations (  ) (p<.001) Internal Motivations (  ) (p<.001) Need Satisfactions (Aut./Relat.) (  ) Need Satisfactions (Aut./Relat.) (  )

23. WHY DOES LAW SCHOOL WHY DOES LAW SCHOOL UNDERMINE THRIVING? UNDERMINE THRIVING?

24. UNDERMINING FACTORS UNDERMINING FACTORS Pervasive Extrinsic Values Pervasive Extrinsic Values Competition over Cooperation Competition over Cooperation Basic training reduces Autonomy/Authenticity Basic training reduces Autonomy/Authenticity Marginalizes Morality and Caring Marginalizes Morality and Caring

25. Results of 1L Analytical Training (MERTZ-ABA STUDY) “Unmoors the self” “Unmoors the self” Changes values Changes values Sets aside morality, conscience, caring Sets aside morality, conscience, caring “Combat dialogue” replaces moral reasoning “Combat dialogue” replaces moral reasoning Winning argument as only goal Winning argument as only goal “Erases bases for ethical judgment” “Erases bases for ethical judgment”

26. THE POSITIVE LEARNING ENVIRONMENT

27. THE EFFECTIVE TEACHER Provides information Provides information Generates awareness Generates awareness Encourages self-monitoring Encourages self-monitoring Encourages intrinsic motivation Encourages intrinsic motivation Encourages constructive social support Encourages constructive social support Encourages proactive learning Encourages proactive learning Students will generalize benefits. Students will generalize benefits. ongoing need sat.+ autonomy support ongoing need sat.+ autonomy support

28. THE EFFECTIVE CLASSROOM Everyone feels respect/support Everyone feels respect/support Everyone can succeed Everyone can succeed Everyone is expected to succeed Everyone is expected to succeed Competition moderated (focus,enjoyment) Competition moderated (focus,enjoyment) Zero-sum factors minimized Zero-sum factors minimized Regular connections to self and reality Regular connections to self and reality

29. 4. Write 2-3 things you can do for positive learning environment: Provides information Provides information Generates awareness Generates awareness Encourages regular self-monitoring Encourages regular self-monitoring Encourages regular internal referencing Encourages regular internal referencing Encourages constructive social support Encourages constructive social support Encourages proactive learning Encourages proactive learning

30. 5. Write 2-3 things you can do to create an effective classroom. Everyone feels respect/support Everyone feels respect/support Everyone can succeed Everyone can succeed Everyone is expected to succeed Everyone is expected to succeed Competition moderated (focus,enjoyment) Competition moderated (focus,enjoyment) Zero-sum factors minimized Zero-sum factors minimized Regular connections to self and reality Regular connections to self and reality

31. EXAM PREPARATION HIERARCHY OF MOTIVATION Negative Well-Being Positive Well-Being & Performance & Performance & Performance & Performance External Introjected Identified Intrinsic force/fear, guilt, obligation meaning/purpose enjoyment, reward expectation (values) interest (external) PERCEIVED LOCUS OF CONTROL (internal)

32. EXTEND BENEFITS: FACULTY TRAINING Decrease emphasis on competition Decrease emphasis on competition 1L courses: support student self- reference, conscience.. 1L courses: support student self- reference, conscience.. Model and promote intrinsic values and basic need satisfaction Model and promote intrinsic values and basic need satisfaction Pervasive autonomy support Pervasive autonomy support small % of faculty transform effects small % of faculty transform effects

33. LAW SCHOOL ORIENTATION: PROVIDE OVERVIEW, PROVIDE OVERVIEW, PROMOTE THRIVING lkrieger@law.fsu.edu

34. BEST WISHES, and THANK YOU! and THANK YOU!lkrieger@law.fsu.edu

35. SUPPLEMENTARY SLIDES SUPPLEMENTARY SLIDES

36. SUGGESTED OVERVIEW (ORIENTATION and/or CLASS) 1. MANY PROF. SKILLS TO ACQUIRE Legal Analysis and Argument Legal Analysis and Argument Practice Skills Practice Skills Professional Judgment Professional Judgment Professional Identity Professional Identity

37. 2. NATURAL GROWTH INCREASES THRIVING (includes progressive law school) Increase with growth/progressive training: Increase with growth/progressive training: Self-awareness Self-awareness Autonomy/Internal reference (conscience, morality) Autonomy/Internal reference (conscience, morality) Relatedness to others Relatedness to others Socialization/Caring/Helping Socialization/Caring/Helping Complexity, personal integration Complexity, personal integration

38. 3. TRADITIONAL CLASSES Legal Analysis/Argument only Legal Analysis/Argument only (facts and law) Irrelevant/marginalized: Autonomy -- conscience, fairness, morals Autonomy -- conscience, fairness, morals Caring/empathy Caring/empathy Relatedness to others Relatedness to others simplicity, personal deconstruction simplicity, personal deconstruction

39. INPUT POINTS Before Orientation, mailing Before Orientation, mailing Orientation (reservations...) Orientation (reservations...) Early Class(es) Early Class(es) Extracurricular meeting, if necessary Extracurricular meeting, if necessary

40. IMPLICATIONS OF INTRINSIC VALUES (Self knowledge/growth; Intimacy; Helping; Community)  Activity (and Competition) enjoyable: To express abilities and values; Improve self/help others To express abilities and values; Improve self/help others Low stress: goals attainable, not dependent on limited rewards

41. CARNEGIE and BEST PRACTICES Balance Programs and Methods CARNEGIE and BEST PRACTICES Balance Programs and Methods Produce Thriving via needs satisfaction and values clarification Produce Thriving via needs satisfaction and values clarification

42. THRIVING = “SUCCESS”  High performance and positive mood  Not zero-sum/competitive Everyone can thrive in “Top 10%.”

43. Faculty Autonomy Support (end of Y1) Greater Autonomy NeedSat (Y1->Y3) Greater Relatedness NeedSat (Y1->Y3) Greater Competence NeedSat (Y1->Y3) Social Context (i.e. Law School 1 vs. Law School ) AUTONOMY SUPPORT, NEEDS, AND OUTCOMES Higher Performance (LS Gpa & Bar) Greater Well-Being More Auton. Career Motiv’n (Y3).20.39.20.32.33.41.13.23.40

44. AUTONOMY SUPPORT OPTIMIZES OUTCOMES (Sheldon/Krieger, 2007) All sources of thriving increase All sources of thriving increase All outcomes improve: All outcomes improve: ( Well-being, motivation, grades, & bar passage) ( Well-being, motivation, grades, & bar passage)

45. 1L Training: Loss of Thriving (MERTZ-ABA STUDY) Authentic Self (Autonomy), Authentic Self (Autonomy), & Others/community & Others/community Competition, Anxiety Competition, Anxiety (Interpersonal Sensitivity) (Interpersonal Sensitivity)

46. SOME AVAILABLE TOOLS LSSSE and DALSO: Inform institution LSSSE and DALSO: Inform institution Best Practices for Legal Ed. Best Practices for Legal Ed. “Hidden Sources of L.S. Stress”: Booklet on tensions, sources of thriving, lawyer applications “Hidden Sources of L.S. Stress”: Booklet on tensions, sources of thriving, lawyer applications Humanizing L.Ed., Washburn L.R., Vol. 47 Humanizing L.Ed., Washburn L.R., Vol. 47 Hess, Seven Principles, 49 JLE 367 Hess, Seven Principles, 49 JLE 367 Schwartz tips and Forthcoming Textbooks Schwartz tips and Forthcoming Textbooks

47. GRADING SYSTEM: MANDATORY CURVE Major control experience Major control experience Limited success opportunities Limited success opportunities Zero-sum system creates anxiety Zero-sum system creates anxiety Extrinsic focus crowds out desire to learn Extrinsic focus crowds out desire to learn Promotes competition and comparison Promotes competition and comparison Undermines peer relatedness Undermines peer relatedness

48. IMPACT OF PRESET GRADE RANGE Low (perceived) range or median: Critical Control experience Critical Control experience Limited success opportunities Limited success opportunities  Anxiety, increased competitiveness Conveys low faculty expectations Conveys low faculty expectations Low autonomy support (respect) Low autonomy support (respect) Diminished well-being and learning Diminished well-being and learning