More Discussion of Pedagogy: Transactions for Litigators

Confession: By practice, I’m mostly a litigator. I’ve never done any transactional work. I’ve only rarely been called to do regulatory planning, and even then I’ve only done so in the context of settlements, or avoiding very-pending cases. But I know that this is only the tip of the legal practice iceburg.

So I’m trying to figure out how to incorporate more transactional ideas into my pedagogy. One thing I’ve been trying to do (albeit in a limited manner) in my natural resources class is to create “planning problems”–for example, asking students, given the constraints imposed by the cases we read, what can an agency do to more fully manage water resources? Or, given a certain regulatory effect that an agency might want to have, how can they best avoid takings claims?

But I’m certain there must be more I can do, stuff that I might be blinded to because of my practice tunnel vision. So I’m wondering, what other types of exercises (or even questions) have people tried to incorporate into the classroom setting? What works? What doesn’t? Etc etc etc.

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