Category: Teaching


Using a Teacher’s Manual

Textbooks and casebooks often have accompanying teacher’s manuals. These manuals range from limited, rambling copies of the textbook author’s classroom notes to detailed discussions of the book’s materials and related course structuring issues and classroom questions.

I have not really used a teacher’s manual over the years, in part because it was not an option when I started teaching years ago as I started teaching with a casebook that did not have a teacher’s manual. Later, when I began using books that did have teacher’s manuals, I did not always agree with the manual or the suggestions made therein, so I never really consulted the manuals.

That said, I will be working with a colleague on his teacher’s manual, so I am curious about what other professors find useful in a teacher’s manual. My impression is that a teacher’s manual should be geared toward:
(a) the new teacher who has never taught anything before,
(b) the teacher who is picking up a certain class to fill a curricular need, outside her/his area of primary expertise, or
(c) the teacher who needs help with the basics of a certain limited aspect of his course (such as tax in a mergers & acquisitions class).

Am I correct on the sort of faculty who tend to extensively use a teacher’s manual or are their teachers out there who do not fit the above parameters who find teaching manuals useful?

Perhaps it is best to ask professors who are reading this post: What would the ideal teacher’s manual include, and would an outstanding teacher’s manual sway you in favor of adopting a particular book for your class?

(Does this blog have a “poll” function, and should I know how to use it?)


First Amendment Theory Study Aid: Make No Law

Thanks to Dan and everyone else for inviting me back (and then putting up with me as I delayed accepting the invitation). At this time of the year, as the semester ends and the opportunities for faculty writing time increase, student attention turns understandably towards exams. I’ve been teaching the basic First Amendment course at Wash. U. for six years now, and the more I have taught the course, the more interested I have become in the theory and structure of free speech law at the expense of its often technical doctrinal rules. As my course has evolved to reflect these interests, my students understandably have asked me to suggest a study aid that could supplement some of the things I talk about in class (though “gibberish” may be more accurate). For doctrine, I have always suggested the First Amendment section of Erwin Chemerinsky’s excellent one-volume treatise Constitutional Law. But I always struggled to suggest a good, one-volume, accessible primer on the history and theory of the First Amendment. But in rereading Anthony Lewis’ Make No Law (Vintage 1991) for a paper earlier this semester, I think I might have found the answer. Lewis’ book tells the story of the landmark 1964 case of New York Times v. Sullivan, which applied rigorous First Amendment scrutiny to state defamation law, and held the “core meaning” of the First Amendment to be criticism of public officials. What I had forgotten about the book is the masterful and accessible way that Lewis situates the Times case in the evolution of First Amendment thought more broadly, both in its intellectual origins in the work of Milton, Madison, Holmes, and Brandeis, as well as in its effect on First Amendment law more generally. It’s not perfect; Lewis has a tendency at times to be uncritical of the Court’s opinion in Times and to view the result as foreordained. But although it is a bit of a hagiography of the case, its early chapters are the best basic treatment of elementary First Amendment history and theory that I’ve seen. So I thought I’d pass it on, should any First Amendment teachers or students feel the need to brush up on their free speech theory as we approach the business end of the semester.


UCLA Law Review 56:4 (April 2009)


Volume 56, Issue 4 (April 2009)


A Constitutional Birthright: The State, Parentage, and the Rights Of Newborn Persons (pdf)

James G. Dwyer

“Which Is To Be Master,” The Judiciary or the Legislature? When Statutory Directives Violate Separation Of Powers (pdf)

Linda D. Jellum

Normative Methods for Lawyers (pdf)

Joseph William Singer


Sex Outside of the Therapy Hour: Practical and Constitutional Limits on Therapist Sexual Misconduct Regulations (pdf)

S. Wesley Gorman


Law School Field Trips

This morning I accompanied a group of kindergarten students on their field trip to a planetarium. The whole experience left me musing about how at some point in one’s education the field trip just disappears. The quintessential field trip, which is undertaken despite the knowledge that some students will simply goof around on the bus, reflects the belief that even the uninterested are enriched by participating. But by high school, not to mention law school, the general enrichment trip is replaced with targeted opportunities for students with particular interests. (Think clinics and externships.)

So, here’s my question: if you were planning a series of field trips for 1Ls, where would you take them? I’d start with a tour of a prison, which would be bound to leave some sort of impression. I’d also like to arrange for each student to spend a full shift in a squad car, although I’m not sure how to pull that off for an entire first year class. (Also, the Estates and Trusts professor in me would like everyone near Philadelphia to visit the Barnes Foundation and see what all the fuss is about. That, however, may be a bit too targeted for my list, which is aimed at general legal enrichment.)

Suggestions, anyone?


Prime Time is Crime Time

During the week, one can watch an incredible number of crime-themed television shows. Just on the major networks during prime time, a coach potato with a DVR can view Law & Order, Law & Order: SVU, CSI, CSI: Miami, CSI: NY, Without a Trace, NCIS, The Mentalist, Fringe, Criminal Minds, Life on Mars, Lie to Me, Bones, Numb3rs, Cold Case, Cops, and America’s Most Wanted. There are also highly rated cable shows like The Closer and Monk. Not too long ago, the greatest crime show of them all, The Wire, ended. A decent number of these shows are watched by law students on a regular basis. There are also scores of crime-related movies that students have viewed.

One of my the things I like most about teaching Criminal Law and Criminal Procedure is that students often come into the class filled with opinions and “knowledge” about the two subjects from popular culture. That background makes for very lively discussions and even students who have no interest in criminal law often have strong opinions about the subject. I can also tap into that knowledge base by using television and movie examples, including using movie clips during class. However, the downside of all of that cultural baggage is that I often have to account for all of the bits of misinformation that my students might have.

Lately, I have been wondering if the problems associated with that misinformation have been growing. Once upon a time, the show Law & Order cited real New York cases and discussed legal issues in a way that was at least connected to reality. Perhaps based upon those fond memories, I still have the show on my DVR schedule despite the fact that it has taken a turn for the worse in recent years. The same week that I was teaching the first day of mens rea, I sat down to watch a few Law & Order episodes that I had recorded. In one episode, the defense made a bizarre suppression motion which was granted. After the suppression motion was granted, the defense moved for dismissal on the grounds that there was no remaining evidence of motive. Astoundingly, the motion was granted with prejudice. So, as I am going to teach my class that motive is not an element of the crime and that motive is different than mens rea, television is sending a very different message.

I’m not hoping for something even close to approximating perfection in terms of legal accuracy from television. However, I wonder if these shows are even employing lawyers as consultants anymore. The way criminal law is being portrayed is often so far removed from reality that I cannot even guess at what strange ideas my students are hearing. I’m guessing this phenomenon is unique to criminal law, but I’d be interested to hear if teachers in other areas have similar problems. And I’m curious to see if other professors teaching Criminal Law and Criminal Procedure have observed any increase in legal inaccuracies in popular culture or among their students.


Drop Everything and Emulate, IV

What a joy it has been blogging here at Concurring Opinions. I thank Dan Solove and the rest of the crew for the opportunity, and I thank the commenters for the great e-conversations that have followed my posts. For my last post, I want to enter the last installment in the Drop Everything and Emulate series.

shelley house plaque.jpg

In 1948, a graduate of an undistinguished and then defunct law school, whose parents had been born in slavery, stood before the Supreme Court and, against the urging of some of the greatest legal minds of the 20th century, made an argument that had been unanimously rejected by state and federal courts, including the Supreme Court: that court enforcement of private racially restrictive covenants constituted state action and, as such, was a violation of the Equal Protection Clause of the 14th Amendment.

Against all odds, he won, and Shelley v. Kraemer became a guidepost for the civil rights revolution that followed. Less than two years later, he was dead, and today is rarely remembered.

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Need a Great Torts Exam Fact Pattern?

school bus.jpgdeer.jpgmushroom cloud.jpg

Every once in a while, God inexplicably smiles upon law professors. To wit:

Driver of school bus full of middle school basketball players hits deer. Driver doesn’t stop. Deer gets caught beneath bus. Deer ruptures fuel line. Bus, on fire, pulls into school parking lot, and explodes.


Best of all: no one was hurt.


Drop Everything and Emulate, III

Here’s a question I pose to my property students when we begin to study takings: is that property which the law declares to be property? Or, are there some things that can never be property, no matter what the law says?

It’s a simple question, but answering it has ripped entire nations into pieces, including the United States. It was U.S. Senator Henry Clay, arguing that abolishing slavery would be a massive taking that would require just compensation to the slave-owners, who said, “that is property which the law declares to be property.”

Once they realize the context of his statement, most students disagree with Clay. But that begs the next question: if the law doesn’t give us the final word on rights, including property rights, then what does?

I then take the opportunity to introduce them to a dapper young attorney who argued that that certain fundamental rights inhere in man – including property rights, and in particular the just allocation of property rights in natural resources.


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Drop Everything and Emulate


My kids’ school had a program called “Drop Everything and Read.” The idea was that no matter what else was on the agenda, every once in a while the kids just stopped what they were doing and made time to actually read (I told my kids that in my rough school, I followed a program called Drop Everything and Run). The point was to prevent them from losing sight, amid the constant hustle and bustle of school, of the joy of learning and storytelling.

Law students often lose sight, amid the alternating grind and panic, of what they might be able to do with a law degree some day. I like to think we’re training them to be wise counselors, people to whom others turn for guidance when the going gets rough. But how do we show them that?

It seems to me that it’s worthwhile, every now and then, to drop everything and talk about some ordinary lawyer who, when history conspired to give them a choice between trying to help people who needed it, and turning away, chose to try. I think of it as “Drop Everything and Emulate.”

The criteria are that the lawyer must be either someone they’ve never heard of who tried like hell to help when needed, or someone who did great things, whom they never realized was a lawyer. And, there must be a tie-in with whatever we are studying at the time.

Last year, I chose the the 75th anniversary of the ‘Reichstag Fire’ Decree of February 28, 1933, to introduce my students to a lawyer named Hans Litten. We were studying zoning and takings at the time. Here’s what I told my students:

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Thoughts on non-traditional legal writing

At Prawfs, Hillel Levin has a post asking for suggestions on where to place a short, somewhat tongue-in-cheek essay that nevertheless explores important legal ideas (I am looking forward to reading the paper). He is looking for suggestions as to where to place the article, noting that the writing game is somewhat “confining.” I added my two cents on possible outlets in the Comments, but I wanted to break out a broader point.

Hillel received a ton of good responses as to where he could place this article. And I think that suggests that the rules for legal writing in the academy are not as confining as Hillel’s post suggests. There actually are a lot of opportunities to write and publish short and fun pieces such as this one that make creative (and often important) legal points. Many journals will jump at them. The expansion of outlets, both in the number of journals as well as the addition of on-line supplements (that really were intended for precisely this sort of thing), means there is a place for this type of work. One of my great frustrations was my inability to place this piece (like Hillel’s, it was short, tongue-in-cheek, but, I think, hit on an interesting idea about the law) in some law journal forum, settling instead for FindLaw.

Of course, something like this does not “count” if you are at a school that counts publications and are just trying to meet the statutory minimum for promotion and tenure. But I think committed and successful scholars just keep writing, doing many different types of projects for many different forums, all of which form an overarching body of legal writing. The short piece that Hillel is describing is a perfect example of the sort of things that should be part of that corpus, in addition to the traditional books and big law review articles. And that is why I do not believe blogging is anathema to legal scholarship–it is another way of exercising the writing muscles.