Erasing Boundaries Inter-School Collaboration and its Pedagogical Opportunities David Thomson (Denver) Ian Gallacher (Syracuse) Robin Boyle Laisure (St

Erasing BoundariesInter-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 ThomsonUniversity of Denver

Ian GallacherSyracuse University

Amy SteinHofstra University

Robin Boyle LaisureSt. John’s University

Experiential Learning

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Internet-based Video Technology

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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-In-Practice 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- Written Discovery

• Day One

– 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 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



– Students exchange documents with assigned

adversary


• 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



– Students exchange documents with assigned

adversary


• 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

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 ~

Small Group Discussion

Q & A

Erasing BoundariesInter-School Collaboration and its

Pedagogical Opportunities

http://bit.ly/AALS2014