You are responsible for completing the following deliverables this semester.
Success in this course will require you to do more than simply appear in class twice a week and answer an occasional question. I expect that all of my students will be prepared to actively participate in our in class discussions since that is a key way to take as much away from the course as possible. Please review the Engagement Rubric in the Engagement section of this site.
Our conversations are ongoing so you must engage your classmates with commentary, reaction and/or analysis both in class and online. Remember, conversation ” … is a form of interactive, spontaneous communication between two or more people …” and generally, ” … written exchanges are usually not referred to as conversations.” The good news is that Slack will allow us to engage in either synchronous or asynchronous written exchanges that will stand in for conversations.
You will complete this deliverable by posting your materials to the appropriate channel in Slack.
We will examine ten cases decided by SCOTUS during the 2018/2019 term and two cases granted cert for the 2019/2020 term for this deliverable. These cases focus on constitutional law, labor law, copyrights, trademarks and antitrust.
You will join one of six teams that will be responsible for the management of all aspects of a case analysis. Each team will be responsible for the analysis of two cases as described in the Course Schedule. You will develop a narrative describing, and the materials necessary to support, each case. The narrative, and materials, should include, but not be limited to (a) the basis of the case (including a review of lower court and related decisions) and, (b) a discussion that provides context for the case from a legal, social, cultural and political perspective. Each team will communicate their analysis, including supporting materials to their classmates and then lead a discussion of the case during class.
You will use your Slack CA channel to memorialize your discussions and supporting materials including, for example, web sources, documents and multimedia content for each case. Your final submission will be prepared using the post function in Slack. You will find resources related to composing and formatting posts at the Slack Help Center. Never post a Word or Google doc.
You will complete this deliverable by posting your memo to the appropriate channel in Slack.
We will complete two case simulations this semester. Links to the materials related to each case simulations are in the Course Schedule.
The first phase will require you to review materials in the text. You will also study a case that examines issues related to the simulation topic, focusing on facts, a statutory excerpt and case law. Based on your knowledge of the particular area of law as a whole, you will then compose a neutral memorandum (not to exceed 750 words) that outlines each legal issue present with a short explanation of the applicable legal rules or doctrine. The sources of law for this memorandum are the text’s chapter on the area of law as well as any applicable statutory and case law. Your perspective is not that of an advocate. Rather, your analysis is as objective as possible in spotting any and all potential issues that could arise in the case and opine as to the likelihood of success on each point. You will complete this phase of the assignment individually. Never post a Word or Google doc.
During the second phase you will prepare for an in-class Q & A discussion of the issues presented by the materials included in the first phase. You will be assigned to a team that will advocate for one side or the other during the discussion.
I will evaluate the following factors when I assess your contributions to the simulations:
- Phase 1: Assessment will be based on the clarity of your writing, spelling and grammar, document appearance and satisfaction of form requirements; articulation of all potential issues presented and the quality and depth of analysis. You will complete Phase 1 individually. Your issues memorandum should reflect a thoughtful, substantive and well-reasoned summary; and
- Phase 2: Assessment will be based on your mastery of the issues under consideration, contribution to the preparatory work of your team and participation in the give and take of the in-class discussion.
The following weights will be assigned to each component of your final grade:
- Engagement (20%)
- Case Analysis #1 (20%)
- Case Analysis #2 (20%)
- Case Simulation #1 (20%)
- Case Simulation #2 (20%)