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SYLLABUS FOR CROSS CULTURAL COUNSELING* FALL 2011 (6930/013B)

*Cross cultural counseling is any counseling in which the lawyer and client have cultural

worldviews or values that are sufficiently different to impact on the decision-making process.

TEACHER: Iris Burke

TEACHER CONTACT INFORMATION:

Email: burke@law.ufl.edu;

Office Phone: 273 – 0804

Office location: Rm. 368D in the Center for Children and Families

Office hours: Monday, Tuesday and Thursday, 10:00 – 4:00.

CLASS TIME: Wednesdays from 2:00- 3:50

CLASS ROOM: Rm. 284

CREDITS: 2

NUMBER OF STUDENTS: capped at 24

COURSE MATERIALS: Photocopied course materials available for purchase at Target Copy.

COURSE OBJECTIVES:

The goal of this course is to help prepare lawyers to recognize and work with clients whose values

or cultural worldviews are different from the lawyers, in situations where the differing worldviews

matter to both the lawyer and client. This course is NOT designed to study any specific cultural

group(s). Instead, we will focus on overall cultural worldviews which have been identified as

having significant influence on people’s thinking and decision-making.

In addition to legal materials, the course will draw on writings from a broad range of disciplines

outside of legal study: (e.g. cultural anthropology, business, sociology, psychology, political

science) and apply them to lawyer – client counseling situations.

DISABILITY ACCOMMODATION. Students requesting classroom accommodation must first

register with the University’s Office of Disability Resources. The UF Office of Disability

Resources will provide documentation to the student, who must then provide this documentation to

the Law School Office of Student Affairs when requesting accommodation.

POLICY RELATED TO MAKE-U[P EXAMS OR OTHER WORK

Students may delay taking a scheduled exam only in exceptional circumstances approved by the

Assistant Dean. Delayed exams must be taken as soon as reasonably possible prior to the

beginning of the next term. Students are not permitted to take exams before the scheduled time.

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GRADING:

There is no final exam. There will be a final paper, and several smaller assignments. More

detailed information about grading of assignments is found on the last page of this syllabus. The

grade curve for this course is a maximum of 3.6. (For courses in which there are 25 or fewer

students, there is no minimum curve, and the maximum curve is 3.60.

LAW SCHOOL GRADING POLICY:

Grade Points Grade Point Grade Point

A (Excellent) 4.0 C+ 2.33 D- 0.67

A- 3.67 C (Satisfactory) 2.00 E (Failure) 0.0

B+ 3.33 C- 1.67

B (Good) 3.00 D+ 1.33

B- 2.67 D (Poor) 1.00 .

CLASS #1: INTRODUCTION TO THE COURSE AUGUST 24

Readings: None

Written Assignments: None

In-class discussion:

Goals of the course

What the course covers, and what it does not cover

Review of the syllabus

Explaining assignments and grading

Introduction to basic concepts

Goals for discussion

In class exercise(s) (time permitting)

CLASS #2: BASIC PRINCIPLES OF CLIENT COUNSELING AUGUST 31

To understand how cultural worldview difference affect client counseling, we need to

understand basic principles of the counseling process. A common misconception amongst non-

lawyers (and some lawyers) is that the lawyer’s role in counseling a client is simply to tell the

client what to do. Rather, in most circumstances, the appropriate role of the lawyer is to provide

the client with sufficient information that the client makes informed decisions as to what works

best for them. This becomes more challenging when the lawyer has a “moral” or “values” conflict

with the client’s proposed course of action.

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Reading(s): Excerpts from the following Interviewing and Counseling textbooks:

1. Binder, Bergman, Price & Tremblay, Lawyers as Counselors: A Client-Centered

Approach: pp. 281 – 285 (Your Role in the Counseling and Advising Process) and

391-397 (Intervening in Client Decisions)

2. Cochran, DiPippa and Peters, The Counselor-at-law: A Collaborative Approach to

Client Interviewing and Counseling, 2d Edition: Chapter 9/pp. 169 – 189 (Moral

Choices in the Law Office: Who Gets Hurt? and Who Decides?)

3. Ellman, Dinerstein, Gunning, Kruse, & Shalleck, Lawyers and Clients, Critical Issues

in Interviewing and Counseling: Chapter 7/ pp 279 - 318 (Engaging in Moral Dialogue)

In-class discussion:

What is the lawyer’s role in the counseling process?

Disagreement among “the experts” about when and how lawyers should intervene in “grey-

area” client decision-making: “hired guns” vs. “moral activists”.

What is a “moral” belief? How does it differ from a values or cultural worldview belief?

Written Assignment: There is NO written assignment due for the August 31 class. There

will be a written assignment related to “grey-area” moral conflicts that will be due on

September 9, at 5:00 PM. It is worth 8 points. The assignment is as follows:

Send me a link to or copy of an article from a news source that describes an action that you

would find to be a “grey area conflict” with your values. The action should not be illegal or

require you to do something unethical. However, if the person came to you as a client, and told

you that they were going to take the action described in the newspaper article, you would have a

moral or values conflict with it, and might wish to dissuade them from that course of action or

even refuse to represent them. I am not looking for an analysis of what you would do or why it

would conflict with your values. I am only asking you to identify the specific action that you

would find “morally” troubling. (The client can be an individual, a business entity, or a

governmental agency.)

CLASS #3: INTRODUCTION TO THE BASIC CULTURAL WORLDVIEWS SEPT. 7

What works best for the client will be a personal decision, unique to each client. A client’s

comfort with a particular option (and relative discomfort with other options) often rests on cultural

worldviews which the client may not articulate and about which the client may not even be

consciously aware. Lawyers also have cultural worldviews. As with clients, lawyers are typically

unlikely to articulate, or even to be aware of, their own worldviews. When the lawyer and the

client share the same worldview, its influence will typically be invisible. However, in our

increasingly multi-cultural world, the lawyer and client may hold conflicting worldviews

Reading(s): 1. Excerpt(s) from Prof. Burke’s Article on Cross-Cultural Counseling (on TWEN)

2. Introduction: The Rules of the Social Game, excerpted from Geert Hoftede,

Software of the Mind

3. Kahan, et.al. The Second national Risk and Culture Study: Making Sense of –

and Making Progress in – the American Culture War of Fact

In-class Discussion:

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An introduction to the worldviews:

Individualism vs. Community

Authoritarianism/Hierarchy vs. Egalitarianism

The neuroscience of culture:

What happens in the amygdale?

What happens in the neo-cortex?

What does that mean for client counseling?

CLASS #4: INDIVIDUALISM VS. COMMUNITY SEPT. 14

Written ungraded assignment(s): Due on Wednesday, Sept. 14 by 9:00 AM. These assignments

are anonymous. After you have read the materials listed below under Readings:

1. In the customized poll on TWEN, indicate where you believe that you fall on the scale

of Individualism vs. Community.

2. Take the self quiz on p. 20 – 21 of Warriors and Villagers. Take the customized poll

on TWEN regarding the results.

Reading(s):

1. Excerpt from Landis, Bennett and Bennett, Handbook of Intercultural Training (3rd

Edition), foreword, written by Harry Triandis

2. Excerpts from Geert Hofstede: I, We, and They: The Individual and the

Collective in Society.

3. Excerpts from Katherine G. Kearney, & Thomas I White, Men & Women at Work:

Warriors and Villagers on the Job. (Note: Despite its title – these readings are not

primarily about gender – they are about individualism and community.) pp. 15 – 30.

4. Excerpt from Richard E. Nisbett, The Geography of Thought, How Asians and

Westerns Think Differently . . . and Why: Chapter 3/ pp. 47 – 77 (Living Together vs.

Going it Alone.)

5. Excerpts from Prof. Burke’s article (on TWEN)

In-class discussion: Discussion of individualism and community generally

Applying the concepts to business situations

Applying the concepts to views of family

Applying the concepts in a team sports context

Applying the concepts to one or more legal situations

CLASS #5: AUTHORITARIANISM/HIERARCHY VS. EGALITARIANISM

PART I: INTRODUCTION: CLASS, MONEY, POWER AND PRIVILEGE SEPT. 21

Written Graded Assignment: 12 points: Due on TWEN by Tuesday, Sept. 20, at 9:00 AM

After you read the materials below, answer the following questions:

1. (4 pts.) The amygdale processes fear/responds to perceptions of threat.

a. What do people who have internalized an authoritarian world view fear, or feel threatened by?

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b. What do people who have internalized an egalitarian world view fear, or feel threatened by?

2. (4 pts.) Both authoritarians and egalitarians favor government programs and policies that

further, or are consistent with, their particular worldview. Can you identify government programs

and policies that further, or are consistent with:

a. Authoritarian worldviews?

b. Egalitarian worldviews?

3. (4 pts.) Both authoritarians and egalitarians support efforts to regulate behavior in ways

that further, or are consistent with, their particular worldview.

a. Whose (or what) behavior do authoritarians primarily seek to regulate?

b. Whose (or what) behavior do egalitarians primarily seek to regulate?

Written Ungraded Assignment: Due by Tuesday, Sept. 20, at 9:00 AM. This assignment is

anonymous. After you have read the materials listed below under Readings:

1. In the customized poll on TWEN, indicate where you believe that you fall on the scale

of Authoritarianism vs. Egalitariansim.

Reading(s):

1. Two Excerpt(s) from Geert Hofstede:

a. From Chapter 3: More Equal Than Others

b. From Chapter 6: What is Different is Dangerous

2. Marc. J. Hetherington & Jonathan D. Weiler, from Authoritarianism and Polarization

In American Politics, Spanking or Time Out, A Clash of Worldviews, pp. 1 – 11.

3. Relevant current news articles (links are on TWEN) (Two articles: Egypt’s Ire Turns . .

. and Financial Overhaul Bill . . . )

4. Prof. Burke’s 2 page summary on Authoritarianism and Egalitarianism.

5. Gini Index Map (Income Inequality Map)

CLASS #6: AUTHORITARIANISM/HIERARCHY VS. EGALITARIANISM

PART 2: DIFFERING APPROACHES TO RAISING CHILDREN SEPT. 28 Socialization into cultural worldviews begins in the family, and the family’s impact on

socialization is the most powerful. Social scientists have identified differing approaches to child

rearing. We will discuss approaches along a continuum, with primary focus on authoritarian

(control/obedience oriented) and authoritative (autonomy/reason oriented) approaches. These

differing approaches influence human development in accordance with cultural worldviews of how

people should be. Each approach likely works better in some cultural settings than in others.

Written Assignment: (7 points) Due on TWEN by Tues., Sept. 27, at 9:00 AM.

After you read the materials below, answer the following questions:

1. (4 points) What do you think are the goals (or outcomes, even if not intended) of:

a. Authoritarian approaches to child rearing? (high demanding/low responsive)

b. Authoritative approaches to child rearing? (high demanding/high responsive)

c. Indulgent approaches to child rearing? (low demanding/high responsive)

2. (3 pts.) How might this issue (child rearing approaches) involve clients and lawyers?

Give two examples.

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Reading(s):

1. Parenting Style and Its Correlates, by Nancy Darling, PhD, MS

2. “Why Chinese Mothers are Superior”, online Wall Street Journal article dated January

8, 2011. (link is on TWEN)

3. Disabled Students are Spanked More, NY Times article (and graphic) dated August 11,

2009 (link is on TWEN)

4. “Floating Out of Poverty on a Deep River of Words” (article on Harlem Children’s

Zone Baby College.)

5. Audio recording of interview with Geoffrey Canada about “baby college” and his

efforts to consciously try to change child rearing approaches as part of the Harlem

Children’s Zone project. This audio is not required. It is a more detailed explanation of

the Harlem Children’s Zone Baby College. To listen to the audio recording, go to

https://connect.ufl.edu/law/video/courses/SitePages/6930-8933.aspx. To log in, you

must preface your gatorlink username with UFAD\

6. Authoritarian child rearing “on steroids”: Excerpts from the Conclusions section of

the Executive Summary of the Ryan report. The Ryan report covers physical, sexual

and emotional abuse in Catholic Institutions in Ireland over a 40 year period. This

2500 page report, issued in May of 2009, concluded a 10 year investigation, and

remains a major issue in Ireland. It is quite depressing, but I ask you to read it because

it represents the “outer edge” of what some people consider to be appropriate child

rearing approaches, and is related to attitudes that can be found in some juvenile

facilities in the US.

7. The Irish Affliction, NY Times Magazine Article, dated Feb. 9. 2011. Note: This

reading is optional, not required. It relates to the subject matter of the Ryan report.

In Class Discussion: Parenting approaches and culture

CLASS #7: AUTHORITARIANISM/HIERARCHY VS. EGALITARIANISM

PART 3: SPECIAL ISSUES OF ASCRIPTION – POLICING AND RACE OCT. 5

Written Assignment: 7 points Due on TWEN by Tuesday, October 4 at 9:00 AM

After you read the materials below, answer the following questions. Try to relate your

answers to the reading materials.

Do you think it is accurate (or likely accurate) that the employment field of

policing/prosecution/corrections is disproportionately populated by people with

authoritarian perspectives? YES or NO

a. If yes, is that a problem? (Why or why not)

b. If it is a problem, can you propose any solutions?

c. If NO (if you DON’T think that that the employment field of

policing/prosecution/corrections is disproportionately populated by people with

authoritarian perspectives, what is your opinion about the relative proportion of

people who go into police work, in terms of authoritarian and egalitarian

worldview?

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Readings:

1. Hillary Haley and Jim Sidanius, Person-Organization Congruence and the

Maintenance of Group-Based Social Hierarchy: A Social Dominance Perspective, 8 Group

Processes Intergroup Relations 187, (2005), pp. 187-203

2. R. Richard Banks, Jennifer L. Eberhardt and Lee Ross, Discrimination and Implicit

Bias in a Racially Unequal Society, pp 1172 – 1176.

3. Excerpts from Michelle Alexander, The New Jim Crow, Mass Incarceration in the

Age of Colorblindness, (2010); pp. 59; 96-103; 115-116; 121-125; 201.

4. The following articles from the NY Times.

a. Bias Seen in Police on Police Shootings (article is from May 26, 2010)

b. New York Minorities More Likely to be Frisked (article is from May 12, 2010)

c. Watching Certain People (op ed by Bob Herbert from March 1, 2010)

d. Blacks Still Being Blocked From Juries in the South (article from June 2, 2010)

CLASS # 8: RESEARCHING IN NON-LAW DATABASES OCT. 12

Written Assignment: None

Reading Assignment: None

In-Class Discussion: At this point, you should be closing in on identifying a final paper topic.

Because of the nature of this course, information in the law library will likely not be as useful as

non- law databases in helping you to “flesh out” your topic ideas. Library personnel will come to

class and talk about non-law data bases at the University of Florida, and how to find materials for

your papers in those non-law databases.

CLASS #9: SMALL GROUP DISCUSSIONS OF GREY AREA CONFLICTS OCT. 19

Written Assignment: None

Reading Assignment: None

In-Class Discussion: The purpose of this class is to provide practice in relating potential lawyer-

client conflicts to cultural worldviews. We will go back to the article that you submitted for the

assignment called “Grey Area Conflict with Client’s Proposed Course of Action.” Now that you

are more aware of cultural worldviews, discuss the grey area conflict in terms of those worldviews,

in a small group of approximately 5 students. (You are allowed to substitute a different article

than the one you turned in, for purposes of this small-group discussion.) After groups have

discussed the articles, each group should report to the class about one (or at most two) of these

discussions.

CLASS #10: STRATEGIES FOR WORKING ACROSS CULTURAL WORLDVIEWS

OCT. 26

Written Assignment: None

Reading(s):

1. Excerpts from Prof. Burke’s article: Chapter on strategies for working with

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clients across cultural worldviews (on TWEN); and

2. Hypothetical(s ) (on TWEN)

In-class discussion: Discuss how to work across cultural worldviews.

CLASS #11: CULTURE EVOLVES: GENERATIONAL DIFFERENCES NOV. 2

Written Assignment: None

Reading(s):

1. Excerpts from Professor Burke’s Article on Cross Cultural Counseling (on TWEN)

2. Excerpt from Morley Winograd & Michael D. Hais, Millennial Makeover,

pp. 66 – 86, (Meet the Millennials), and 167 – 171 (sharing defines a generation.)

3. Excerpts from Robert B. Putnam, Bowling Alone: The Collapse and Revival of

American Community: Introduction (explaining the concept of social capital) pp. 18-

28; Chapter 2, Political Participation, pp. 31-35; Chapter 14, Generation to

Generation, pp.247-276; NOTE: The Bowling Alone readings are on reserve.

In-class discussion: Generational differences in worldview

NOTE: Wednesday, NOV. 2 at 5:00 PM is the deadline for submitting topic ideas for the

final paper.

CLASS #12: REGIONAL/ URBAN-RURAL WORLDVIEW DIFFERENCES NOV. 9

Written Assignment: None

Reading(s):

1. Carr & Kefalas, Hollowing out the Middle: The Rural Brain Drain and What it

Means for America, pp. 1 – 26/Introduction/The Heartland and the rural Youth Exodus.

2. Bill Bishop, The Big Sort: Why the Clustering of Like Minded America is

Tearing Us Apart, Chapter 6, The Economics of the Big Sort, pp. 129 – 155. NOTE: The

Big Sort readings are on reserve. 3. Richard C. Longworth, Caught in the Middle, America’s Heartland in the Age of

Globalism, pp. 30 – 37 (From Rust to Bust); pp. 128 – 134 (New Blood for Cities)

4. Excerpts on urban-rural differences from Prof. Burke’s Article on Cross Cultural

Counseling (on TWEN)

In Class Discussion: Urban – rural worldview differences

CLASS #13: GENDER – PULLING IT ALL TOGETHER NOV. 16

Cultural issues relating to gender arise in almost every context. We will have discussed

those issues during the semester in the context of other topics. This is an opportunity to pull those

discussions together and focus specifically on gender issues.

Readings:

1. Excerpts from Professor Burke’s article on cross cultural counseling. This is brief (less

than 2 pages.)

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2. In Sweden, Men Can Have It All (about government policies in Sweden that encourage

fathers to take parental leave.) NY Times Article dated June 9. 2010

CLASS #14: STUDENT PRESENTATIONS NOV. 23 OR POSSIBLY NOV. 30

Nov. 23 is the eve of the Thanksgiving holiday. Nov. 30 is a Friday at the law school, but I would

guess that few of you have classes on Friday afternoon. Let’s discuss what works best.

Presentations themselves are not graded. (Only the final papers will be graded.)

**************************

GRADED ASSIGNMENTS:

1. Major paper: Maximum of 60 pts. Due by DECEMBER 2, at 5:00 PM.

Approximately 10 - 12 pages. Extensions on final papers will be given, on reasonable

request.

NOTE: Topic ideas should be cleared with Professor Burke by November 2 at 5:00.

Option A: Take some current issue from the news, and do the following:

a. Link to or attach the news article(s) that you are using as a starting point;

b. Analyze the situation described in the article(s) in terms of what we have learned

about cultural worldviews this semester;

c. Create a hypothetical based on that situation which involves a legal client and a

lawyer who is seeking to counsel that client. Ideally, this should be a situation in

which your own worldview is different from that of the client;

d. Discuss how the lawyer could counsel the client, given the differing worldviews

involved.

OR

Option B: Pick any topic (not necessarily to a current news issue) and analyze that issue in

terms of what we have learned about cultural worldviews this semester.

2. Written Assignments in Syllabus Maximum of 34 points.

Note: In awarding points for these assignments, I do not curve the points given.

a. Grey Area Conflict with Client’s Proposed Action article, due Sept. 9, at 5:00 PM

(8 points)

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b. Written questions: (26 points): Weeks 5 (12 points), 6 (7 points), and 7 (7 points)

Extensions on written assignments will be given on reasonable request, but not after

the assignment has been discussed in class (if the student was present in class.)

3. Class participation: Maximum of 6 points total. This is a discussion class, and only works if people participate. However, not all people

are equally comfortable speaking in class. You may also earn participation points by

sending me an email relating to the class discussion.

4. Class attendance policy: Students with more than two unexcused absences will lose

some or all of their participations points. If you know that you will be absent because of

religious observation, extra-curricular activity, job interview, or other significant event,

please speak to me.

UCC: Syllabus Checklist

Rev. 10/10

All UCC1 forms and each UCC2 form that proposes a change in the course description or credit hours must include this checklist in addition to a complete syllabus. Check the box if the attached syllabus includes the indicated information.

Instructor contact information (and TA if applicable)

Course objectives and/or goals

Policy related to class attendance

Policy related to make-up exams or other work

Statement related to accommodations for students with disabilities

Information on current UF grading policies for assigning grade points

Syllabus MUST contain the following information:

It is recommended that syllabi contain the following information:

1. Critical dates for exams and other work

2. Class demeanor expected by the professor (e.g., tardiness, cell phone usage)

4. Contact information for university counseling and mental health services

The University’s complete Syllabus Policy can be found at:

3. UF’s honesty policy

http://www.aa.u�.edu/policy/SyllabiPolicy.pdf

A topical outline (at least tentative) of subjects to be covered

Required and recommended textbooks

Methods by which students will be evaluated and their grades determined