Teaching

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One of the things that I obsessed over (alone and together with other new business law prof colleagues) as I began my teaching career was how to teach the first day of classes in my courses.  I was given some great advice by many folks.  Here are a few of the most valuable things people told me–advice that I use all the time, in my first-class sessions and, in some cases, beyond.

Have a solid class plan.  This may go without saying, but my obsession paid off in that I was prepared, and therefore more confident (although my legs were shaking behind the podium anyway . . . ).  I actually typed up my class notes for the first semester’s worth of classes I taught.  (I learned that, while I can read class notes competently, I always extemporaneity anyway . . . .  I no longer read typewritten class notes, but many of my colleagues who are experienced and effective teachers still do.)  But typing up my notes helped to reinforce key parts of the material for me and identify course themes.

Use the first class as an opportunity to introduce the semester’s task, including both substantive law coverage and…

My colleagues started this series off well with Part I and Part II in the series, and I will try to build on their thoughts. There are so many decisions to make when you get started, including what book to use, what style you will use in the classroom, and what form or forms of assessment you will use.  To start, I will echo Joan Heminway’s advice because I think it is so critical: First, be yourself. 

It’s easy to to think of teachers you liked and think you need to teach like them to be effective. While we can all learn a lot from our best teachers, if you look closely, I think you’ll find that the thing best ones have in common (in addition to being prepared) is that they are true to themselves. That is not to say that every person is the same in classroom as they are outside.  Some people need to be actors — they take on a persona when they hit the classroom.  Others wear their hearts on their sleeves. Others are clinical, and still others are relaxed and casual. 

You may not know immediately your full style or classroom voice, but in…

Image result for olivia jade college

The college admissions scandal has been on my mind a good bit since the story broke. (Listen to the podcast “Gangster Capitalism” if you need to catch up on the details of the scandal.)

One student, more than any other in the scandal, has been in the media’s crosshairs: Olivia Jade Giannulli. Olivia Jade – a social media influencer (whatever that means) – seems to be getting so much attention because of her famous parents (actress Lori Loughlin and fashion designer Mossimo Giannulli), and because of some unfortunate comments she made about college on YouTube. Olivia Jade said: “I don’t know how much of school I’m going to attend but I’m going to go in and talk to my deans and everyone and hope I can try and balance it all. But I do want the experience of game day and partying, I don’t really care about school. As you guys all know. ” I don’t know much about Olivia Jade, but she comes across as spoiled, arrogant, selfish, entitled, obnoxious, and lacking self-awareness. In many ways, I hope my children and my students grow up to be her opposite. 

In contrast, three runners who I …

With the thought that more than a few of you reading this post may be starting off in a law teaching job for the first time in just a few short months, several of us on the BLPB have decided to offer some tips and general advice to you as you prepare.  Since I have recently spoken to a few new folks who are still in the process of choosing textbooks, I will start there.  

Set forth below are my reflections on important matters related to choosing an appropriate textbook.  If anything I say here does not make sense to you (or, of course, if you have additional or different thoughts), please leave a comment.  And if you already have ordered your textbook and started planning your course, please don’t rethink everything because of this post!

First and foremost, it is important to know the institutional teaching objectives at your law school.  How does the business law course you are teaching contribute to the school’s program of legal education?  What attributes of your course may help build the law school’s infrastructure for institutional success?

Then, consider the learning objectives you have for your students—taking care to meet institutional objectives…

I’ll start with the exciting news that my Business Organizations students were 48 for 48 in recognizing that LLCs are not corporations.  In fact, a number of my students specifically referred to “LLCs (NOT corporations) …” in their exams. It’s nice to be heard.  I believe that’s at least three years in a row without such a mistake, and maybe longer. I have evidence, at least on this issue, repetition is effective.  

As for this summer, it is going to be an interesting one.  I have now finished grading my last classes as a part of West Virginia Univerity College of Law. As some readers may know, I have accepted the opportunity to join Creighton University School of Law as the next dean.  (For those wondering, my wife Kendra will be joining the Creighton Law faculty, as well, where, as was true at WVU, she will teach family law as a full professor.) After Kendra’s run for Congress ended, she told me it was “my turn,” and that I should pursue my goals.  I don’t think either of us expected such a big change so quickly.  

Long before all of this became a reality, and after the campaign, we…

It has been kind of a unique end of the semester, and I am working feverously to get through my Business Organizations exams. I’m getting there.  So far, I have had zero exams reference a “limited liability corporation.”  If this holds, it will be at least three years in a row.  

I have had a couple of folks refer to LLC veil piercing as piercing the “corporate” veil (another no-no), and I did have some other “corporate” references to LLCs (e.g., “an LLC’s corporate formalities”), so we’re not all the way there. But so far, I am seeing improvement, and I appreciate the effort.  

Here’s hoping for 48 of 48 describing the LLC (as an entity) correctly.  I hope the rest of my colleagues are holding up well here in the home stretch. Good luck to all. 

I blogged two weeks ago about whether we were teaching law students the wrong things, the wrong way, or both. I’ve been thinking about that as I design my asynchronous summer course on transactional lawyering while grading asset and stock purchase agreements drafted by the students in my spring advanced transactional course. I taught the spring students face to face, had them work in groups, required them to do a a negotiation either in person or online, and am grading them on both individual and group work as well as class participation. When I looked at drafts of their APAs and SPAs last week, I often reminded the students to go back to old PowerPoints or the reading because it seemed as though they missed certain concepts or maybe I went through them too quickly— I’m sure they did all of the reading (ha!).  Now, while designing my online course, I’m trying to marry the best of the in person processes with some of the flipped classroom techniques that worked (and tweaking what didn’t).

Unlike many naysayers, I have no doubt that students and lawyers can learn and work remotely. For the past nine years, I have participated as a…

Rivers

On Sunday morning, Rivers Lynch, a beloved member of my wife’s side of our family, died suddenly of natural causes. Rivers spent his professional life as an educator – over four decades as a teacher, an administrator, a driving instructor, and a coach of various sports. In 2007, he was inducted into the South Carolina Athletics Coaches Association Hall of Fame for his many successful seasons as a tennis coach, including 11 state championships. Even this year, at the age of 72, he continued to coach the Myrtle Beach High School tennis team.  

The outpouring of support on social media has been incredible to witness. Rivers, quite literally, positively affected the lives of thousands of students, colleagues, neighbors, and family members. A few of the countless posts include words like: “I’ve yet to meet anyone so kind and caring.” “Every single person was special to him.” “Truly humble…always greeting me with a smile and making me feel welcome.” “The truest most genuine person I’ve ever had the honor to know.” “A father like figure to all of us.” “A beautiful soul…that smile always brightened my day.” “Touched so many lives.” “Always championed students who were ‘underdogs.’” “My favorite teacher.&rdquo…

It’s that time of year again. Many states have released February 2019  bar passage rates. Thankfully, the rates have risen in some places, but they are still at suboptimal levels. Indeed, the July 2018 MBE results sunk to a 34- year low. A recent article on law.com lists some well-known statistics and theories, explaining, in part:

Kellye Testy, president of the Law School Admission Council . . .  suspects the falling pass rates are the results of a combination of factors, the most obvious being the lower credentials of incoming students. The declining quality of public education—meaning an erosion of the reading and writing foundations children develop in elementary and high schools—may also be a contributor, she said. Moreover, the evolving way that law is taught may explain why today’s law graduates are struggling more on the bar exam, said Testy, whose organization develops the LSAT. Professors now put less emphasis on memorizing rules, and have backed off on some of the high-pressure tactics—like the Socratic method—that historically dominated the classroom. “The way we used to teach wasn’t as good for caring for the student, but it made sure you could take a closed-book exam,” she said. “You knew the…

As a former compliance officer who is now an academic, I’ve been obsessed with the $25 million Varsity Blues college admissions scandal. Compliance officers are always looking for titillating stories for training and illustration purposes, and this one has it all– bribery, Hollywood stars, a BigLaw partner, Instagram influencers, and big name schools. Over fifty people face charges or have already pled guilty, and the fallout will continue for some time. We’ve seen bribery in the university setting before but those cases concerned recruitment of actual athletes. 

Although Operation Varsity Blues concerns elite colleges, it provides a wake up call for all universities and an even better cautionary tale for businesses of all types that think of  bribery as something that happens overseas. As former Justice Department compliance counsel, Hui Chen, wrote, “bribery. . .  is not an act confined by geographies. Like most frauds, it is a product of motive, opportunity, and rationalization. Where there are power and benefits to be traded, there would be bribes.” 

My former colleague and a rising star in the compliance world, AP Capaldo, has some great insights on the scandal in this podcast. I recommend that…