Legal Commentary

On the Law Prof Listserv, James Maule (Villanova) talks about the SmartPen (available at Target for about $ 150). The pen allows students to "write" notes on special paper and records what is written for later uploading; it also contains a mini audio recorder and speaker. James asks how this device affects the laptops-in-the-classroom debate. James was tipped off to this new toy by James Levy at Nova-Southeastern.

This is actually an interesting solution. One of the pedagogical goals behind a laptop ban (for me, at least) is to get students away from stenographic notetaking and from mindlessly typing every word without really engaging in what is said or in the overall discussion. To the extent this thing imitates a pen, it forces students to take notes as if on pen-and-paper, with the same selectivity and brevity, so it does solve the stenographer problem. And the recording aspect decreases the felt need to write down every word in real time--part of the reason I have started recording classes myself and making the files available to students. On the other hand, because the "notes" can be automatically downloaded into a computer outline, it allows students to skip an important cognitive step at the back end-- retyping and reorganizing class notes (along with other materials and notes) into a complete and comprehensive outline, an active process that I believe helps students put everything together and understand it all and see the links among the different sources.

Update:

Since laptops-in-the-classroom seems to be a hot topic today, I will, despite anonymous student's displeasure, add something. Professor Maule, upon reading the original post, e-mailed the following:

One downside to recording classes is that it encourages non-attendance. That problem became so significant in my evening Grad Tax classes that I asked the program to stop recording classes. Other faculty have followed suit. Another downside is that students use the recordings to extract verbatim transcripts, using voice-to-text software. Aside from copyright issues, it's intellectually counterproductive (and a huge waste of time better invested preparing for class and working through one's own hypos and problems).

I agree with Professor Maule about the counterproductivity of using the recordings to extract verbatim transcripts; I would not do it and my preference is that they not. But many students seem to want that and if this allows them to get the transcript while also actually engaging in class discussion, I achieve the pedagogical goal I am after. As for attendance: first, my school has a strict attendance policy and I will keep a closer eye on this than I have in the past (which I can do in two relatively small classes), and second, participation (which obviously requires attendance) constitutes 15 % of the final grade, so that should put people in the seats.