Erasing Boundaries
Inter-School Collaboration and its
Pedagogical Opportunities
David Thomson (Denver)
Ian Gallacher (Syracuse)
Robin Boyle Laisure (St. John’s)
Amy Stein (Hofstra)
http://bit.ly/AALS2014
David Thomson
University of Denver
Amy Stein
Hofstra University
Ian Gallacher
Syracuse University
Robin Boyle Laisure
St. John’s University
Experiential Learning
+
Internet-based Video Technology
=
This Presentation
What is “Experiential Learning?”
Let’s look at a definition of the term
What is Internet-based Video Technology?
Ian Gallacher
Robin Boyle Laisure
Benjamin Franklin
• “Tell me and I forget.
• Teach me and I remember.
• Involve me and I learn.”
David Kolb & Roger Fry’s 4 Step
Model - Circular
1 – Concrete experience
2 - Observation and reflection
3 – Formation of abstract or theoretical
concepts
4 – Testing or applying these theories and
concepts in new situations.
Experiential Learning
• Forefront of legal education:
• 1992 MacCrate Report
• 2007 Carnegie Report
• 2007 Best Practices for Legal Education
• All stressed the importance of applied legal
training in law school.
2011 ABA Resolution - passed
• “That the ABA take steps to assure that law schools . . .
provide the knowledge, skills, values, habits and traits that
make up the successful modern lawyer.
• That the ABA urges legal education providers to
implement curricular programs intended to develop
practice ready lawyers including, but not limited to
enhanced capstone and clinical courses . . . .”
Responses by law schools
• Concentrations
• Certified Programs
• Centers of Excellence
• Clinics
• Field Placements
• Curriculum-Integrated and Field Practicum
• Co-ops
• Job titles that include “Experiential”
Opening the transactional
drafting classroom
• Students learn concrete concepts (Kolb)
• Apply knowledge in interactive setting (Kolb)
• Use creative approaches to problem solving
• Removed from comfort zone (no longer their
peers)
• Minimal opportunities for plagiarism
Students can negotiate
• Asset Purchase Agreement (Buyer/Seller)
• Real Estate Transaction
• Employment Agreement (Ex - Professional Sports
Team)
• Service Agreement (Ex - b/w wedding vendors and
celebrities)
• Prenuptial Agreements (b/w celebrities)
Ex of some creative contracts
• Lessor desires to lease his DeLorean Time
Machine to the Lessee.
• Lessee agrees to travel to the Future in the
Time Machine for the sole purpose of
retrieving the Cure to treat Lessor’s brain
cancer.
Time Travel Negotiation Points
• Once the mission is accomplished – what
is payout?
• (20 million shares of google stock)
• Representations and Warranties
• Covenants
• Conditions to Obligations
Lessor’s Reps & Warranties
• Lessor owns the DeLorean Time Machine and has full rights to the
vehicle, free and clear of any liens.
• The DeLorean Time Machine is in safe working condition and is
free of any known faults or defects, which would affect its safe
operation under normal use.
• The DeLorean Time Machine is capable of traveling at least one
hundred (100) years into the Past and at least eighty (80) years into
the Future.
The Avengers & Batman, Inc.
• This Agreement provides for The Avengers subcontracting Crisis X to
Batman, Inc.
• Crisis X involves the circumstances surrounding the appearance of the
infamous Law-Man and his goal of world domination. (“Crisis X”).
• Law-Man’s sudden appearance from Dimension X has spread terror
across Earth. His main powers include the ability to mind control any
lawyer and make them perform evil deeds, including the ability to write
obscenely long, pompous legalese as never seen before.
Problem solving . . .
– “Super Hero Groups” means any crime fighting
group . . . except for The Avengers and Batman,
Inc.
– Obligation to Prevent Interference. The
Avengers shall take Reasonable Steps to prevent
Super Hero Groups from Interfering with Batman,
Inc.’s ongoing resolution of Crisis X.
The what if’s
• Failure to Prevent Interference. If The Avengers fail to
prevent interference and
– it took Reasonable Steps, then Batman, Inc. may
stop performance, without receiving any payment.
– it did not take Reasonable Steps, then Batman, Inc.
may stop performance and receive 1.3 times the
restitution conferred onto The Avengers.
By opening up the classroom
• Students will -
• Apply concrete concepts;
• Solve legal issues;
• Engage collaboratively w/their home team;
• Negotiate w/ students they don’t know (another
school); &
• Draft agreements at arm’s length.
Recommended reading
Experiential learning:
• Michele Mekel, Putting Theory Into Practice: Thoughts from the
Trenches on Developing a Doctrinally Integrated Semester-InPractice Program in Health Law and Policy, 9 Ind. Health L. Rev. 503
(21012).
• Stephen M. Johnson, Teaching for Tomorrow: Utilizing Technology
to Implement the Reports of MacCrate, Carnegie, and Best Practices,
92 Neb. L. Rev. 46 (2013)
Con’t
• Janet Weinstein, et al. Teaching Teamwork to Law Students, 63 J.
Legal Ed. 36 (2013)
• Karl S. Okamoto, Teaching Transactional Lawyering, 1 Drexel Law
rev. 69 (2009).
Contract Drafting:
• Tina Stark, DRAFTING CONTRACTS: HOW AND WHY LAWYERS DO WHAT
THEY DO (2d forthcoming).
Amy Stein
“Kickin’ it Old School”-Discovery I• Day One Written Discovery
– Divide students into law firms representing P and D
– Lecture- Discovery Background and Context
– Students draft Interrogatories, Request for
Production of Documents & Notices to Admit
– Instructor provides feedback on documents
– Students redraft documents
– Students exchange documents with adversary
Discovery I- Written Discovery
• Day Two
– Lecture- Responding to Discovery Demands
– Students draft responses to Interrogatories, Request
for Production of Documents & Notices to Admit
– Instructor provides feedback on responsive
documents
– Students redraft documents
– Students exchange documents with adversary
Discovery I- Written Discovery
• Day Three
– The high point of the course:
• Firms negotiate regarding discovery issues
Newfangled Learning- VoiceThread
DRAFTING & ARGUING THE SUMMARY
JUDGMENT MOTION
• Day One
– All students represent P
– Prior to class, students watch lectures- Theory of the Case &
Motion Writing
– Students draft Statement of Undisputed Facts and
Memorandum in Support of Plaintiff’s Motion
– Instructor provides feedback on documents
– Students redraft documents
– Students exchange documents with assigned adversary
DRAFTING & ARGUING THE SUMMARY JUDGMENT
MOTION
• Day Two
– All students represent D
– Overnight students watch lecture- Responding to Motions
– Students draft Response to Statement of Undisputed Facts
and Memorandum in Opposition to Plaintiff’s Motion
– Instructor provides feedback on documents
– Students redraft documents
– Students exchange documents with assigned adversary
DRAFTING & ARGUING THE SUMMARY
JUDGMENT MOTION
• Day Three
– The high point of the course:
• Students are assigned to argue the SJ motion on
behalf of P or D in front of a judge
Small Group Discussion
How might you use Internet-based Video
Technology to extend the Experiential
Learning opportunities in a course that
you currently teach
(or would like to teach)?
~ 5 Minutes ~
Q&A
Erasing Boundaries
Inter-School Collaboration and its
Pedagogical Opportunities
http://bit.ly/AALS2014