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December 10, 2004
Types of Exams
Michael Froomkin is thinking about what exams are good for:
Michael Froomkin writes:
On Law School Exams, Open Book and Closed Book: In the comments to an earlier item, a UM law student asks, reasonably enough:
If L.S. isn’t just about the rules [which I agree it shouldn’t be--Froomkin], then why are there closed book exams at our school? When is a lawyer ever in a situation where they must have a law memorized for that one moment in time (except for oral arguments; but even then they have a legal pad in front of them with cases)? We are taught how to read a case and do research in LRW. More advanced research was taught to me in editing and bluebooking PPL law review assignments. My torts teacher kept things very theoretical in class and on the exam--basically if you had common sense and a very basic knowledge of torts you did well, so long as your writing ability was above the class curve. I am enjoying L.S. for the most part; but I’m not lying to myself and saying success here equals success in the real world. School and jobs (maybe being a law professor is out of this realm) teach incommensurable subjects.
I thought the issue deserved its own item: As one of the few faculty members at UM who insists (over mild Decanal objections to the take-home aspect) on giving open book take home exams for some of my classes (but not all), this is a question near and dear to my heart. After all, I’ve argued that “life is a take home exam” — and I even believe it.
Nevertheless there are some good reasons for closed book in-class exams, and I give those too in some courses. These reasons are strongest in the first year, but to varying degrees they also apply in upper level courses.
Why have closed book in-class exams? Here are a few of the reasons; I’m sure there are others.
- Some courses — civil procedure and evidence come to mind — have material that you really do need to know by heart in order to understand the cases you read in law school and afterwards, and in order not to make a fool of yourself in many real-life situations many (but never all) of our graduates likely will encounter. (Many faculty would extend this argument to all first year courses. Having taught Con Law 1, I’d certainly think it fits comfortably it in that group.)
- There are equity issues. Your grade, many faculty believe, shouldn’t depend on happening to have the right book to hand but rather what’s in your head. This is especially important first year, when grades can determine law review membership (I don’t approve of that, but that’s the system here and we can’t ignore it.) Given that we have multiple first-year sections, and different people do better in different type of exam situations, equity also counsels (at least mildly) for all the same type of exam in a given required subject.
- One function of the exam is to reward you for doing the reading; while I think my open-book exams work that way too, it’s probably easier to craft a closed book exam that has that function. It’s certainly also the case that a certain fraction of the student body will miscalculate and decide they can read less if the exam is open book (“I can always look it up”) — some parentalist faculty may wish to save these people from themselves.
- The Deans report that cheating issues are more common and often more serious in take home exams (and triply so if they are not fully open book). Closed book in-class exams reduce temptation and are easiest to monitor. For this reason, I personally don’t approve of open-book take-home exams that you take whenever you like: my open-book, severely word length limited, Administrative Law take-home exam lasts eight hours but everyone must take it at the same time.
I didn’t do open book in Trademark (I thought people who were going to be IP lawyers should know the basics by heart). Back when I taught Con Law 1 and Civ Pro 1 I didn’t either. I gave open book take-home exams in Jurisprudence and still do for Internet Law and Administrative Law. I don’t give a take-home exam in International Law although it’s a very close case, being a combination of material I think you need to memorize and stuff that quite frankly you don’t. But instead I use a different innovation which I’m considering adopting for other courses too. I’m thinking open-book in-class again this year.
Update: Prof. Tung Yin is thinking out loud about taking the open-book plunge. I should note that I set stringent length limits for open book exams, make them “open world” (defined as “you may consult anything except other people”), and I require typing. Students may turn in a handwritten copy by the exam deadline, but if they do they must turn in a typed version (which I have work-study students compare with the handwritten version) “as soon as reasonably practicable”. In practice, about 2% of students use this option — the overwhelming majority type.
I believe--as a person with lousy handwriting (because I was told in first grade to write with my right hand)--that typing is an important equity issue: with handwritten exams, the good grades go to people whose answers are easy to read. So when possible I have a strong preference for typed take-homes. (They are also much easier to read, and thus a mercy to those doing the grading.)
In my view, the exams in the courses that I give can ask students to do four different types of exercises:
- Show that you can use analytical tool X to situation Y.
- Show that you are familiar with the consensus understanding of and the still-live alternative interpretations of issue Z.
- Show that you have done the reading.
- Show that you have the most basic analytical tools and background knowledge of the course in the very front of your brain.
I believe that all four of these types of exercises can be demanded in closed-book in-class exams But types (1) and (2) can be demanded--without significant risk of cheating--in open-book take-home exams as long as they are strictly time-limited: pick it up at 1:00, and return it at 5:00. If you give your students more time, you need to be sure that you trust the class, and--unless you are an absolute bastard--you need to give them a strict word limit.
Posted by DeLong at December 10, 2004 08:48 PM
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Comments
I once took a summer session course in Dynamics and I think a take home exam led to my getting an A. The students in the course had begged the professor to give a take home exam. The professor told them he would, but they might regret it, since if he gave one it would be really hard. It was the last exam before the final, and it was really hard. I spent a lot of time on it, and I think that it was in doing that exam that I really learned the material. I had a B going into the final. The teacher had said that anyone getting an A on the final would get an A and I did. I don't think I would have aced the final if it weren't for the take home exam before it.
Posted by: Cindy at December 10, 2004 09:19 PM
You're (naturally) left-handed, Brad? No wonder! I'm left-handed too. One day the secret left-handedocracy will consolidate its control over the levers of government, and we will declare our dominance openly!
Posted by: Mandos at December 10, 2004 11:57 PM
Dear Brad,
From the "World's Silliest Dog" on, your posts are a treasure. But, so too were the well intended comments. Can there be a way of getting back to a reasonably free flow of comments?
Anne
Posted by: anne at December 11, 2004 04:17 AM
I always avoided take home exams in law school because they were usually 24 hour take homes, which means a viscious all nighter or a poor grade. To offset this, some professors made a rule that no more than six or eight hours should be taken on the test. But everybody cheats and puts in 16 to 24 hours, so you face the ethical quandry of being honest and having a poor test compared to others, or to cheat on the timing because everyone else will. It was a lot easier just to avoid these situations.
And sure life is a take home test to some extent. But if I send an associate out to do a research assignment, when she's done, I expect her to come back to me and describe the issue in a knowledgable way, without fumbling through books, etc. How different is that from taking a course for three months, and then being expected to be readily familiar with the material.
Posted by: pj at December 11, 2004 06:16 AM
the closed-book exam complaint applies in engineering school too. when I was in school losers in the required sophomore classes lottery got an electrical engineering prof who gave exams with 10 questions, each of which required a single number for the answer. the exams were closed-book and there was no partial credit for work and method, so if you happened to forget one of numerous memorized formulas, e.g. something given in any table of integrals, or if you made a decimal point or addition error, or just a simple typo, you got zip for that problem. this kind of testing has nothing to do with engineering in the real world.
Posted by: supersaurus at December 11, 2004 06:53 AM
I think an in-class closed book exam has its place and its merits. However what I object to is the guessing-game aspect of the situation where the student has to try to figure out what the teacher is going to pick out to ask about.
Before I give a test, I give the questions the week before, so the students can prepare and research their answers, but they have to write the test fresh.
Posted by: pragmatic_realist at December 11, 2004 09:19 AM
"pick it up at 1:00, and return it at 5:00."
At this point, why not have an in-class exam where students can type?
Posted by: Richard Campbell at December 11, 2004 10:20 AM
A test that I could have typed would have been great. I've often said that my only qualification to be a doctor is my handwriting.
Posted by: Jim S at December 11, 2004 11:20 AM
It's important in thinking about this post, though, to remember that at a LOT of law schools, such as UChicago, pretty much all in-class exams are open book. UM seems to be the exception - I was surprised by this post, in fact - as I know Columbia, Harvard, Yale, Georgetown all generally make in-class exams open book. With that in mind, the reasons for closed-book exams cited in this post seem odd given that so many professors at so many schools don't seem to have these concerns.
Posted by: Ramey Ko at December 11, 2004 11:35 AM
When I was in business school at the University of Chicago, the dominant approach to exams was to hold in-class closed book exams, but to allow each student a single 8.5 x 11 page of handwritten notes.
That way you didn't need to memorize formulae or lists of factors/facts, but you still had to be able to operate largely free of outside resources. And the one cheat sheet that you were allowed had to be produced by you yourself. Given the massive volume of material covered in most quarter-length courses, this forced the student to be very thoughtful about what the most important ideas and analytical tools in the course were.
I typically found that after spending several hours preparing my cheat sheet - thinking long and hard about what the most important topics were, weighing the most important topics against a list of topics I felt were the easiest to screw up, and finally distilling the essence of those topics into as little space as possible, that I generally didn't have to even look at my cheat sheet when I got to them exam. The process of preparation caused me to internalize the content, and I ended up doing quite well on most of my exams.
And as a further benefit, I've found that by keeping all of my one page cheat sheets I can quickly refresh my memory on the subjects I learned in school. A half hour or so reviewing those simple, concise documents can put me right back to the level of understanding I had on the day of my final exam several years ago. This has been invaluable in my professional life as a management consultant, where I often find that, for example, I need to "get smart" on operations optimization quickly having not thought about it in quite some time.
Posted by: sd at December 11, 2004 01:19 PM
"However what I object to is the guessing-game aspect of the situation where the student has to try to figure out what the teacher is going to pick out to ask about." =====
The presumes that the student has answer all the questions in order to get a good grade. In engineering school it is pretty common to give exams most student cannot finish in time. So they (should) end up picking the questions they're most qualified to answer.
Posted by: ogmb at December 11, 2004 02:02 PM
Did you happen to see that 1898 exam for British 11-year olds published in The Spectator the other week? If you can get more than 40% you are doing well:
http://www.kimdutoit.com/dr/weblog.php?id=P5535?id=5535_0_1_0
Posted by: Sutch at December 11, 2004 02:46 PM
Learning is active not passive, thus you need weekly assignments preferably a significant part of the grade so students don't screw themselves by skipping them. I don't know anything about law school but in math and the sciences those weekly assigments are problem sets. Then you should have a final at the end of the course to make sure students review everything and get an overview of what the course is about i.e. it is not just a set of weekly hurdles solved with the help of the textbook. Ideally the exam would test to see if students have a basic grasp of the course and in addition problems whose solution involves many concepts of the course not just the narrow focus of the weekly problem set. That still leaves the problem of how do you get students to review their solutions to the weekly problems. I guess that's one advantage of the Oxford/Cambridge tutor system
Posted by: George Colpitts at December 11, 2004 02:46 PM
As someone who spent between about 7am Thursday till about 3 pm Friday working on an Applied Math take home exam, I can say that take home exams are generally a bad idea. What they do the best is testing how much time you can dedicate to the exam, not how much you know. Open-book, in-class exams work the best because if you know the material in the book you'll fin it and if you don't you'll probably spend the whole test in a futile race to find one fact. I can atest to this, as I've been on the side of knowing the material and searching futilely for an answer.
Posted by: jason andexler at December 12, 2004 01:48 AM
It's not all that difficult to allow a typewriter option for in-class exams. A friend of mine (who also has bad handwriting) did it for all his law school exams, and wished he had started doing it earlier in his undergraduate career. He just got an electric typewriter with no memory, and asked the instructor ahead of time, so the instructor could arrange for a room with electrical outlets and another proctor. (And big enough tables to support the typewriters. The little elbow desks aren't good enough.)
Posted by: Adrian at December 12, 2004 11:29 AM
So far I have only had 2 closed book exams in all of law school. One was for Decedent's Estates which was INSANE. Who can remember who gets a reversionary interest in a dog and how many lives must a lived person's life have lived to apply the rule against perpetuities? Honestly now. I read every single damn word of that book and listened to every ridiculous story about a man, a woman, a divorce, and a pretermitted child or a revocable trust and still only got a B. A damn B. Half the people in that class were 3rd years that didn't read but clearly had better memorizing skills than I do. I find it patently unfair to be tested on something akin to my childhood ability to remember whether there is a triangle or a dog on the other side of that little square piece of cardboard to match up with my triangle.
Thank god my pending Tax exam is completely open book or I would never be able to remember how to calculate a casualty loss deduction for some idiot with a really low AGI that happens to drive a Porsche. The ridiculousness of the hypotheticals always distracts me.
Posted by: Wittysexkitten at December 12, 2004 12:15 PM
Recent graduate of Harvard Law School. I believe all of my exams were open book. In my experience, this is the way it should be. There is no way you have time during an exam to learn material or even find things in your books that you didn't already know were there. Open book creates better answers and a higher level of studying.
Posted by: Snacktime at December 13, 2004 10:58 AM