CLASS SYLLABUS: LAW 513 AW
Mindfulness In Law
Cultivating Tools for Effective Practice
Spring Semester 2024
9:30 AM – 12:20 PM, Rm. A216B
Video Playlist
Zoom: https://miami.zoom.us/j/3315931622
Scott L. Rogers – Office: B353 (305) 284-5527
Office Hours: By appointment
Email: srogers@law.miami.edu
Faculty Assistant
Madeline Collazo
Email: mnc118@law.miami.edu
Phone: 305-284-4277, Location: G264
E-mail assignments to UMMIL@law.miami.edu
Class Website
Required Texts:
—Jon Kabat Zinn, Mindfulness for Beginners (Sounds True, 2012).
—Scott Rogers, The Mindful Law Student (Elgar, 2022).
—Leonard Riskin, Managing Conflict Mindfully (West, 2023).
—Supplemental Reading Packet and Mindfulness Practice Manual (available in class)
—Video Playlist (to keep current on videos where Professor Rogers shares information on the class)
Suggested Texts (on Reserve in Library)
—Amishi Jha, Peak Mind (2021)
—Rhonda Magee, The Inner Work of Racial Justice: Healing Ourselves and and Transforming our Communities Through Mindfulness (2021)
—Dan Harris, 10% Happier: How I Tamed the Voice in My Head, Reduced Stress Without Losing My Edge, and Found Self-Help That Actually Works--A True Story (2014).
Weekly Readings:
--Law review articles, book chapters, video segments, and reading excerpts will be assigned in advance of each class. Most readings outside the required texts will be contained in the Reading Packet; others will be available electronically or distributed in class.
App
—SoBe Mindful App. You can access this app from the Apple App Store. If you do not have an iOS device or experience any difficulty accessing the app, all guided practice materials can also be found on the class website.
After you download the App, you will be prompted you to request an access code. You may use that feature or send me a direct e-mail requesting the access code. (Even if you get the code from another student, please send the e-mail request).
If you have any difficulties accessing the App, please contact Madeline Collazo.
Course Description
The role of mindfulness in law has become relevant not just to lawyers and judges personally, but to them as a matter of professional practice. Legal organizations across the country and world are working to bring together lawyers, judges, law professors and law students to explore mindfulness and its relationship to practice forms, including trial practice, mediation, negotiation, oral advocacy, and collaborative lawyering, as well as fundamental tools for effective practice and wellbeing that include attention skills, listening skills, reflective capacity, empathy, creativity, emotional regulation, and ultimately, decision-making.
This course explores the role of mindfulness practices as a collection of tools of awareness that can enrich one’s skill set in relationship to the stimulating and challenging aspects of legal practice. Over the course of the semester, students will acquire a foundation level understanding of mindfulness and facility with several mindfulness practices and settling techniques to help develop and hone the inner tools to integrate mindfulness into their professional and personal lives. Periodically a member of the judiciary, our faculty or the legal community with join in the conversation, offering unique perspectives on the integration of mindfulness into their work.
Woven into this conversation is the introduction and application of mindfulness insights and exercises as they relate to specific areas of practice. Neuroscience research findings offer deeper insights into the underlying mechanisms of decision-making and behavior.
The role of mindfulness in law has become relevant not just to lawyers and judges personally, but to them as a matter of professional practice. Legal organizations across the country and world are working to bring together lawyers, judges, law professors and law students to explore mindfulness and its relationship to practice forms, including trial practice, mediation, negotiation, oral advocacy, and collaborative lawyering, as well as fundamental tools for effective practice and wellbeing that include attention skills, listening skills, reflective capacity, empathy, creativity, emotional regulation, and ultimately, decision-making.
This course explores the role of mindfulness practices as a collection of tools of awareness that can enrich one’s skill set in relationship to the stimulating and challenging aspects of legal practice. Over the course of the semester, students will acquire a foundation level understanding of mindfulness and facility with several mindfulness practices and settling techniques to help develop and hone the inner tools to integrate mindfulness into their professional and personal lives. Periodically a member of the judiciary, our faculty or the legal community with join in the conversation, offering unique perspectives on the integration of mindfulness into their work.
Woven into this conversation is the introduction and application of mindfulness insights and exercises as they relate to specific areas of practice. Neuroscience research findings offer deeper insights into the underlying mechanisms of decision-making and behavior.
CLASS POLICIES
Your Presence in Class:
It is important that you attend class to cultivate a practical and experiential understanding of the interrelationship between the study and practice of law and of mindfulness. Additionally, the ABA and Miami Law require regular class attendance, preparation, and participation. Poor class attendance (i.e., missing all or part of two classes), tardiness or inadequate class preparation and participation may result in a lowered/failing grade, withdrawal from the course or referral to the Dean of Students. Absences excused under the school's policies may be made up, upon request, and will involve viewing or listening to recorded materials and submitting timely written responses to issues addressed in class
Attention to Detail:
Mindfulness involves paying attention. While you certainly know how to pay attention, we all-to-often can fall into automatic pilot at which times we are susceptible to overlooking fairly straightforward and easy to implement and execute instructions. Along with what you learn in class from the readings, your participation, and class discussion, you can also develop your attentional skills by being especially attentive to this syllabus, the class website, assignment deadlines, times and dates of mindful spaces, and special events.
Grading:
The primary areas upon which grading is based, and their respective weightings are: class participation (20%), assignments—written and video/audio/image (20%), conference presentation (10%), interim assessments (10%) and final paper (40%).
Readings:
Most weeks will call for reading one or two chapters from the primary texts. Supplemental readings will include articles, chapters and/or law review articles that pertains to the subject matter being discussed.
Mindfulness Practice:
Class assignments include daily mindfulness and related contemplative practices. This includes a daily SoBe Mindful movement practice along with a mindful sitting, standing, or walking practice. Please be prepared to allocate a portion of each day for practice, both formal (e.g., 6-24 minutes) and recording observations. Such engagement will enrich the learning experience, intellectually and experientially.
Class Participation:
You will have an opportunity throughout the semester to participate in class discussions and experiential exercises, commenting on legal and scientific writings, classroom demonstrations, and mindfulness practices.
Assignments:
Unless otherwise noted on the assignment page, all assignments are due by Wednesday at 8:00pm. When you e-mail assignments, direct your e-mail to ummil@law.miami.edu, as this will route your e-mail automatically to both me and Madeline Collazo. Of course, you may also direct message to either of us individually as need be. Also, it is important that you begin the subject line of every e-mail you send with "MIL_S2024_" and include your full name on the face of the assignment. Also, please include your name in the document's filename so that when filed in a folder with other student assignments, evidence of your submission will be readily noted.
Assignments include: (1) Home Practice and Practice Forms, (2) Weekly Mindful Space Participation, (3) Short Papers, and (4) Creative Contributions, including mindfulness oriented artwork, poetry, photos, audio and and video segments (which will be explained in class).
While it is not necessary that you end up liking mindfulness practices or embracing them as a regular part of your life after the end of the semester, it is important that you come to know what a mindfulness practice entails, the challenges that can presents, and the benefits it may offer, through forming the intention to practice and following through on that intention over the course of the semester. You are expected to participate in one or more12-minute Mindful Spaces on a weekly basis, and, should your schedule conflict with some or all, engage in alternative options that will be made available. It is your responsibility to bring that to Professor Rogers's attention via e-mail.
As you will learn, the mindfulness practice instructions are simple but the practice itself can be challenging at times, and much can be learned from the challenges that present themselves.
Presentations:
The presentation portion of the class will consists at times in both short weekly presentations that you will make by yourself or in groups, and either a panel or group presentation as part of the Spring 2024 Mindful Law Student Conference. Please check your calendars at the beginning of the semester to ensure that you can participate in the weekend conference and mark your calendar so that you do not schedule something that would conflict.
Final Paper:
Topics:
Early in the semester, you will rank your preferences for paper topics from a selection provided to you. You may also proffer a suggested topic of particular interest to you. Every effort will be made to give you your first or second choice. The following week, you will receive your topic and can begin working on your outline.
Outline:
Once you know your topic, you may begin developing an outline--attending to the organization of your paper and its subject matter. I will provide you with feedback and may schedule a meeting with you to review your outline. In any event, I am happy to meet with you to do so upon request.
Draft of Introduction
Mid-way through the semester you will turn in a draft of the introductory portion of your paper. This will help us assess (1) the degree to which you are gaining a sufficient understand of mindfulness, (2) whether you have a clear vision for your paper, and (3) whether it would be helpful to discuss aspects of your writing. I am always interested in meeting with you to explore the craft of writing.
Conference Presentation:
Toward the end of the semester, we will meet in our classroom on a Saturday/Sunday (or possibly at another day/time scheduled in advance) and convene the 2024 Mindfulness Law Student Conference. We will video the program and the different segments may be made available online so that they can help inform the ongoing development of mindfulness in law and legal education. Visitors may attend the conference.
After the conference you will receive feedback from your classmates which you may integrate into your developing paper.
Form:
Your final paper should be approximately 15 pages in length. The text of the paper, including the title, heading, and subheadings, must be double-spaced, submitted on 8-1/2 x 11-inch paper, and typed in Times New Roman 12-point font. Appropriate use of footnotes is important as you weave together the body of law you are interested in exploring with the practice of mindfulness. Footnotes are to be in Times New Roman 12-point font. Paginate each page at the bottom-center of the page.
A selection of papers and some related materials generated by our class may be compiled and published as a collection--a copy of which will be made available, individually or as a collection, to you and others interested in mindfulness in law.
Reading Assignments:
Weekly readings can be found on the website link to each class or will be provided to you. Readings for the first class can be found on the First Assignment Page.
Class Recordings:
Students are expressly prohibited from recording any part of this course. Meetings of this course might be recorded by the University. Students are expected to follow appropriate University policies and maintain the security of passwords used to access recorded lectures. Recordings may not be reproduced, shared with those not enrolled in the class, or uploaded to other online environments. If the instructor or a University of Miami office plans any other uses for the recordings beyond this class, students identifiable in the recordings will be notified to request consent prior to such use.
Laptop Computers, Smart Phones & Tape Recording:
No-Laptop-in-Class policy. Please refrain from use of computers, recording devices, cell phones, and texting during class, except by permission. Should there ever be a portion of class which you would not wish to be accessible online due to your being identified, please let me know after class and send me an e-mail. In the event you miss a class and it was recorded, you may request to access the recording (though doing so will not excuse your absence).
Accessibility:
The University of Miami School of Law is committed to creating an inclusive learning environment that meets the needs of our diverse student body. If you have a disability (including physical or mental health challenges) and need academic accommodations, please contact Student Accessibility Services via email at access@law.miami.edu. Please note that accommodations are not retroactive; students are encouraged to contact the office and inquire about any disability-related needs within the first weeks of the semester.
Learning, Living, and Working Environment:
The University of Miami seeks to maintain a safe learning, living, and working environment free from all types of sexual misconduct including but not limited to: Dating Violence, Domestic Violence, Sex- or Gender-Based Discrimination, Sexual Assault (including Sexual Battery), Sexual Exploitation, Sexual Harassment, and Stalking. For additional information about the University’s efforts to prevent, stop, and address sexual misconduct, including resources and reporting options, please visit www.miami.edu/titleix or contact the University’s Title IX Office at titleixcoordinator@miami.edu.
As applicable, students must maintain adequate physical distancing and comply with all signage in and around the building. Everyone is expected to behave in a manner that is beneficial to the health and safety of all students, faculty, and staff.
Class Schedule:
The class schedule can be found by clicking on the links to each class assignment. Pages are posted at least one week prior to class meetings.
Your Presence in Class:
It is important that you attend class to cultivate a practical and experiential understanding of the interrelationship between the study and practice of law and of mindfulness. Additionally, the ABA and Miami Law require regular class attendance, preparation, and participation. Poor class attendance (i.e., missing all or part of two classes), tardiness or inadequate class preparation and participation may result in a lowered/failing grade, withdrawal from the course or referral to the Dean of Students. Absences excused under the school's policies may be made up, upon request, and will involve viewing or listening to recorded materials and submitting timely written responses to issues addressed in class
Attention to Detail:
Mindfulness involves paying attention. While you certainly know how to pay attention, we all-to-often can fall into automatic pilot at which times we are susceptible to overlooking fairly straightforward and easy to implement and execute instructions. Along with what you learn in class from the readings, your participation, and class discussion, you can also develop your attentional skills by being especially attentive to this syllabus, the class website, assignment deadlines, times and dates of mindful spaces, and special events.
Grading:
The primary areas upon which grading is based, and their respective weightings are: class participation (20%), assignments—written and video/audio/image (20%), conference presentation (10%), interim assessments (10%) and final paper (40%).
Readings:
Most weeks will call for reading one or two chapters from the primary texts. Supplemental readings will include articles, chapters and/or law review articles that pertains to the subject matter being discussed.
Mindfulness Practice:
Class assignments include daily mindfulness and related contemplative practices. This includes a daily SoBe Mindful movement practice along with a mindful sitting, standing, or walking practice. Please be prepared to allocate a portion of each day for practice, both formal (e.g., 6-24 minutes) and recording observations. Such engagement will enrich the learning experience, intellectually and experientially.
Class Participation:
You will have an opportunity throughout the semester to participate in class discussions and experiential exercises, commenting on legal and scientific writings, classroom demonstrations, and mindfulness practices.
Assignments:
Unless otherwise noted on the assignment page, all assignments are due by Wednesday at 8:00pm. When you e-mail assignments, direct your e-mail to ummil@law.miami.edu, as this will route your e-mail automatically to both me and Madeline Collazo. Of course, you may also direct message to either of us individually as need be. Also, it is important that you begin the subject line of every e-mail you send with "MIL_S2024_" and include your full name on the face of the assignment. Also, please include your name in the document's filename so that when filed in a folder with other student assignments, evidence of your submission will be readily noted.
Assignments include: (1) Home Practice and Practice Forms, (2) Weekly Mindful Space Participation, (3) Short Papers, and (4) Creative Contributions, including mindfulness oriented artwork, poetry, photos, audio and and video segments (which will be explained in class).
While it is not necessary that you end up liking mindfulness practices or embracing them as a regular part of your life after the end of the semester, it is important that you come to know what a mindfulness practice entails, the challenges that can presents, and the benefits it may offer, through forming the intention to practice and following through on that intention over the course of the semester. You are expected to participate in one or more12-minute Mindful Spaces on a weekly basis, and, should your schedule conflict with some or all, engage in alternative options that will be made available. It is your responsibility to bring that to Professor Rogers's attention via e-mail.
As you will learn, the mindfulness practice instructions are simple but the practice itself can be challenging at times, and much can be learned from the challenges that present themselves.
Presentations:
The presentation portion of the class will consists at times in both short weekly presentations that you will make by yourself or in groups, and either a panel or group presentation as part of the Spring 2024 Mindful Law Student Conference. Please check your calendars at the beginning of the semester to ensure that you can participate in the weekend conference and mark your calendar so that you do not schedule something that would conflict.
Final Paper:
Topics:
Early in the semester, you will rank your preferences for paper topics from a selection provided to you. You may also proffer a suggested topic of particular interest to you. Every effort will be made to give you your first or second choice. The following week, you will receive your topic and can begin working on your outline.
Outline:
Once you know your topic, you may begin developing an outline--attending to the organization of your paper and its subject matter. I will provide you with feedback and may schedule a meeting with you to review your outline. In any event, I am happy to meet with you to do so upon request.
Draft of Introduction
Mid-way through the semester you will turn in a draft of the introductory portion of your paper. This will help us assess (1) the degree to which you are gaining a sufficient understand of mindfulness, (2) whether you have a clear vision for your paper, and (3) whether it would be helpful to discuss aspects of your writing. I am always interested in meeting with you to explore the craft of writing.
Conference Presentation:
Toward the end of the semester, we will meet in our classroom on a Saturday/Sunday (or possibly at another day/time scheduled in advance) and convene the 2024 Mindfulness Law Student Conference. We will video the program and the different segments may be made available online so that they can help inform the ongoing development of mindfulness in law and legal education. Visitors may attend the conference.
After the conference you will receive feedback from your classmates which you may integrate into your developing paper.
Form:
Your final paper should be approximately 15 pages in length. The text of the paper, including the title, heading, and subheadings, must be double-spaced, submitted on 8-1/2 x 11-inch paper, and typed in Times New Roman 12-point font. Appropriate use of footnotes is important as you weave together the body of law you are interested in exploring with the practice of mindfulness. Footnotes are to be in Times New Roman 12-point font. Paginate each page at the bottom-center of the page.
A selection of papers and some related materials generated by our class may be compiled and published as a collection--a copy of which will be made available, individually or as a collection, to you and others interested in mindfulness in law.
Reading Assignments:
Weekly readings can be found on the website link to each class or will be provided to you. Readings for the first class can be found on the First Assignment Page.
Class Recordings:
Students are expressly prohibited from recording any part of this course. Meetings of this course might be recorded by the University. Students are expected to follow appropriate University policies and maintain the security of passwords used to access recorded lectures. Recordings may not be reproduced, shared with those not enrolled in the class, or uploaded to other online environments. If the instructor or a University of Miami office plans any other uses for the recordings beyond this class, students identifiable in the recordings will be notified to request consent prior to such use.
Laptop Computers, Smart Phones & Tape Recording:
No-Laptop-in-Class policy. Please refrain from use of computers, recording devices, cell phones, and texting during class, except by permission. Should there ever be a portion of class which you would not wish to be accessible online due to your being identified, please let me know after class and send me an e-mail. In the event you miss a class and it was recorded, you may request to access the recording (though doing so will not excuse your absence).
Accessibility:
The University of Miami School of Law is committed to creating an inclusive learning environment that meets the needs of our diverse student body. If you have a disability (including physical or mental health challenges) and need academic accommodations, please contact Student Accessibility Services via email at access@law.miami.edu. Please note that accommodations are not retroactive; students are encouraged to contact the office and inquire about any disability-related needs within the first weeks of the semester.
Learning, Living, and Working Environment:
The University of Miami seeks to maintain a safe learning, living, and working environment free from all types of sexual misconduct including but not limited to: Dating Violence, Domestic Violence, Sex- or Gender-Based Discrimination, Sexual Assault (including Sexual Battery), Sexual Exploitation, Sexual Harassment, and Stalking. For additional information about the University’s efforts to prevent, stop, and address sexual misconduct, including resources and reporting options, please visit www.miami.edu/titleix or contact the University’s Title IX Office at titleixcoordinator@miami.edu.
As applicable, students must maintain adequate physical distancing and comply with all signage in and around the building. Everyone is expected to behave in a manner that is beneficial to the health and safety of all students, faculty, and staff.
Class Schedule:
The class schedule can be found by clicking on the links to each class assignment. Pages are posted at least one week prior to class meetings.
WEEKLY ASSIGNMENTS
January 19: Class One: Introduction to Mindfulness in Law and Dropping Below the Surface
January 26: Class Two: Self-Awareness and Leadership
February 2: Class Three: Managing Attention and A-Tension
February 9: Class Four: Relaxation and Realization
February 16: Class Five: Popular Writings on Mindfulness
February 23: Class Six: Awareness and Listening
March 1: Class Seven: Mindfulness and Solitude
March 8: Class Eight: Connection and Self-Care (Class Visitor: Steve Zuckerman)
* * * * March 15, 2023 Fall Break * * * *
March 22: Class Nine: Negotiation and Movement
March 29: Class Ten: Connection and Self-Care
April 5 : Class Eleven: Creativity and Practice (Meet at Lowe Art Museum at 8:30)
April 12: Class Twelve: Judgment and Decision-Making (Class Visitor: Paul SIngerman)
TBA—“The Spring 2024 Mindful Law Student Conference”
April 19: Class Thirteen: Freedom (Final Class)
May 10:—Final Papers Due.