Difference between revisions of "Torts syllabus"

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[[Category:Torts]]
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== Professor ==
 
== Professor ==
 
# My name is Bryant Walker Smith, and you are welcome to call me Bryant. I am delighted to welcome you to the law.  
 
# My name is Bryant Walker Smith, and you are welcome to call me Bryant. I am delighted to welcome you to the law.  
# My office hours are generally after class and, for private matters, by appointment.
+
# My office hours are generally after class (though not on Wednesdays) and by appointment. After class you can often accompany me to or find me by the large pillars just outside the law school building. You're welcome to chat with me!
# You can contact me by [law.sc.edu/faculty/smith email].
+
# You can contact me by [https://law.sc.edu/faculty/smith email].
# My Twitter handle is @bwalkersmith, but this is not a reliable way to reach me.
+
# My Twitter handle is [https://twitter.com/bwalkersmith @bwalkersmith], but this is not a reliable way to reach me.
# My bio is at [https://law.sc.edu/faculty/smith here], and my publications are available [[Publications|here]]. You absolutely need not read these.
+
# My bio is [https://law.sc.edu/faculty/smith here], and my publications are available [[Publications|here]]. You need not read these.
 
 
== Tutor ==
 
  
 
== Materials ==
 
== Materials ==
 
# This course requires (unless you make other arrangements with me):
 
# This course requires (unless you make other arrangements with me):
## A computer that meets the law school's requirements
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## [[Torts|Torts (online casebook)]]; you need not create an account.
## Access to reliable high-speed Internet
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## John L. Diamond et al., Understanding Torts; you may choose between the forthcoming [https://cap-press.com/books/isbn/9781531023430/Understanding-Torts-Seventh-Edition 7th Edition (2023)] and the prior [https://cap-press.com/books/isbn/9781531009755/Understanding-Torts-Sixth-Edition 6th Edition (2018)].
## A webcam
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## A computer, a webcam, and access to reliable high-speed Internet.
## A headset with both a microphone and either headphones or earphones (e.g., https://eksa.net/products/e900-stereo-sound-gaming-headset)
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## Access to a high-capacity printer. [https://guides.law.sc.edu/LRAWFall/InTheLibrary#s-lg-box-wrapper-36204760 LexisNexis] offers free printing (though not all of our materials are available through Lexis).
## Either two full screens (e.g., two monitors, two computers, or a computer plus a tablet) or access to a high-capacity printer
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# You must bring your laptop to every class session, but you may use your laptop in class only when directed to do so.
## John L. Diamond et al., Understanding Torts (6th Edition 2018)
 
 
# Materials that are recommended but not required include:
 
# Materials that are recommended but not required include:
## Black's Law Dictionary (also available online through the legal research services you can freely access as a law student)
+
## [https://legal.thomsonreuters.com/en/products/law-books/blacks-law-dictionary Black's Law Dictionary] (also available online through the legal research services you can freely access as a law student).
## Richard Michael Fischl and Jeremy Paul, Getting to Maybe (1999)
+
## Richard Michael Fischl and Jeremy Paul, [https://cap-press.com/books/isbn/9780890897607/Getting-to-Maybe Getting to Maybe (1999)].
  
 
== Logistics ==  
 
== Logistics ==  
# This course is entirely online (primarily through Blackboard) with no in-person expectations whatsoever.
+
# You should expect to spend between 16 and 20 hours a week on this course. Class sessions are only part of this course. The majority of your work, including most of your readings and other individual assignments, some team exercises, and all self-directed study, will take place outside of them.
# Our course site is at blackboard.sc.edu ("Torts LAWS529-004-FALL-2020").
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# Our regular class sessions are Monday through Thursday from 1:30pm to 2:30pm in room 289.  
# The virtual classroom is open 24/7 and includes video/voice/text chat, discussion forums, and peer-generated content.
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# Some class sessions will be outdoors. Please speak with me if you have severe allergies or other concerns.
# Virtual study rooms are also open 24/7 and have the same features.
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# Some class sessions will be on Zoom. I will share Zoom meeting information by email.
# You should expect to spend between 16 and 20 hours a week on this course. Class sessions (see below) are only part of this course. The majority of your work, including most of your readings and other individual assignments, some team exercises, and all self-directed study, will take place outside of them.
 
 
 
== Class sessions ==
 
# Our regular class sessions are Monday through Thursday from 2:00pm to 3:00pm in our virtual classroom, which is available under "Classroom" in the Blackboard menu. Exceptions will be posted on Blackboard.
 
# Class will begin promptly at 2:00 pm. At that point, unless you have made other arrangements with me, your camera should be on and your microphone should be unmuted.
 
# To ensure that your connection works and your settings are correct, I recommend that you try out the classroom a week before our first class, join the classroom 30 minutes before this first class, and then join the classroom at least 5 minutes before each subsequent class.
 
# Shortly after the start of most sessions, I will ask you to mute your microphone and turn off your camera until I call on you. You should re-mute your microphone only after we have completed our exchange, and you should keep your camera on until the next person speaks (even if you have finished speaking).
 
# I recommend that you use Blackboard's "Follow the Speaker" mode, which you can toggle in the top right of the main frame.
 
# To learn more about the features of our virtual classroom, see our law school's [https://at.uofsclaw.org/knowledge-base/how-do-students-use-blackboard-collaborate-ultra tutorial].
 
 
== Virtual community ==
 
# You are welcome to get involved in our virtual community on Blackboard. For example:
 
## You can hang out in our classroom anytime. It's open 24/7, and I will stay around after many of our class sessions.
 
## You can discuss logistical questions, substantive questions, practice problems, torts in the news, and other topics.
 
## You can collaborate with your colleagues to create and share a course outline, case briefs, a list of course themes, checklists for the exam, and other study materials.
 
## You can start, join, and manage a study group.
 
## You can send messages to specific people.
 
## You can participate in tutoring. Ashwin will share more information as the law school makes it available.
 
Ensure that both (a) your Blackboard profile and (b) your Blackboard Collaborate Ultra (i.e., virtual classroom) profile contain an icon that represents you. It can be a photo or drawing or your face, or it can be something else that represents you.
 
 
 
== Break-the-glass plan ==
 
# My plan is for Blackboard, the Internet, and our computers to work. But things don't always go according to plan. In fact, tort law is largely about things that don't -- and so it necessarily involves second-best solutions.
 
# Similarly, we have a variety of second-best solutions for this course. Print or save this section now in case you cannot access Blackboard later.
 
# For our class sessions:
 
## If your Internet service is down during a class session, you may still be able to join the class by phone. This is only an emergency option. It is no substitute for class attendance and participation via our virtual classroom.
 
## If you must miss a class session, the law school will make a recording available to you. This is also no substitute for class attendance and participation via our virtual classroom.
 
## If Blackboard experiences a systematic outage, we will conduct our class sessions on another service called Webex. If your Internet access is also down, you can join Webex by phone.
 
## If none of these are working, please await further instructions from me by email.
 
## Finally, if you do not hear from me, complete as much of the post-class assignment as you can. This typically includes reading the sections of "Understanding Torts" that correspond to our class topics. If nothing else, refer to the table of contents in that book.
 
# For course assignments and administration:
 
## If Blackboard experiences a long-term systematic outage, I will shift some aspects of this course, including assignments, to another service called [https://lawschool.westlaw.com/twen TWEN].
 
## To prepare, visit [https://lawschool.westlaw.com/twen TWEN], use the Westlaw login information supplied by the law school during orientation, and join "Torts Backup (Bryant Walker Smith)."
 
  
 
== Coverage ==
 
== Coverage ==
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## The second, which takes most of the semester, involves a deep dive into the tort of negligence so that you can begin to appreciate the complexity of law.
 
## The second, which takes most of the semester, involves a deep dive into the tort of negligence so that you can begin to appreciate the complexity of law.
 
## The third introduces you to nearly all the other torts so that you can recognize these torts and teach yourself more about them as needed.
 
## The third introduces you to nearly all the other torts so that you can recognize these torts and teach yourself more about them as needed.
# For specific topics, refer to the overview under Assignments in Blackboard.
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# For specific topics, refer to the [[Torts]] course page.
 
# Throughout the semester, pay particular attention to key themes that appear repeatedly. Take three examples:
 
# Throughout the semester, pay particular attention to key themes that appear repeatedly. Take three examples:
 
## Tort law often expresses the norms of the dominant community, including in ways that reflect bias and perpetuate injustice.
 
## Tort law often expresses the norms of the dominant community, including in ways that reflect bias and perpetuate injustice.
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# During class, you may not engage in activities that are distracting to you or your classmates, including communications that are irrelevant to our discussion.
 
# During class, you may not engage in activities that are distracting to you or your classmates, including communications that are irrelevant to our discussion.
 
# Familial obligations are an exception to this last rule: While I strongly encourage you to arrange for the care of your dependents during class time, I recognize that this is not always practical, and I support your efforts to balance these multiple responsibilities.
 
# Familial obligations are an exception to this last rule: While I strongly encourage you to arrange for the care of your dependents during class time, I recognize that this is not always practical, and I support your efforts to balance these multiple responsibilities.
 +
== Generative AI ==
 +
# You must secure my express consent before using a generative AI tool in or for any interaction with me, including asking or answering a question in class, out of class, or on the exam.
 +
# You must cite the output of a generative AI tool as you would any other putative authority, including by identifying both direct and indirect quotations.
 +
# You must independently substantiate any claim made by a generative AI tool.
 +
# Our law school has a special community-wide listserv for faculty, staff, and students to discuss generative AI. You are welcome to [https://listserv.sc.edu/scripts/wa-scedu.exe?A0=LAWGENAI subscribe] and participate.
  
 
== Recordings and visitors ==
 
== Recordings and visitors ==
# Our school plans to record classes this semester.
+
# The law school will likely record our class sessions.
# You may access class recordings for your own education.
+
# You may record a class session only with my written permission or the written permission of the Student Disability Resource Center.  
 +
# You may access a class recording only for your own education.
 
# You may share a class recording only with my written permission.
 
# You may share a class recording only with my written permission.
 
# You may invite another adult to attend a class only with my written permission.
 
# You may invite another adult to attend a class only with my written permission.
# Your pets are welcome provided they do not distract you or others.
 
# I have a cat.
 
  
 
== Grading ==
 
== Grading ==
# Grades will be based on your (a) final exam performance, (b) preparation, and (c) participation.
+
# Grades will be based on your (a) final exam performance, (b) preparation and participation, and (c) professionalism.
 
# The mean grade for the course will, absent extraordinary circumstances, fall between 2.7 and 3.0 points (Law Student Handbook Section VIII(D)(2)(b)).
 
# The mean grade for the course will, absent extraordinary circumstances, fall between 2.7 and 3.0 points (Law Student Handbook Section VIII(D)(2)(b)).
  
 
== Final exam ==
 
== Final exam ==
 
# The final exam is an imperfect assessment of your understanding of (a) tort law and its context, (b) your ability to reason, analyze, and argue, and (c) your ability to communicate effectively and appropriately. It draws on (a) all assignments (even if not discussed in class) and (b) all class discussions (even if not covered in the assignments).
 
# The final exam is an imperfect assessment of your understanding of (a) tort law and its context, (b) your ability to reason, analyze, and argue, and (c) your ability to communicate effectively and appropriately. It draws on (a) all assignments (even if not discussed in class) and (b) all class discussions (even if not covered in the assignments).
# The registrar will announce exam procedures later in the semester. This exam is subject to a strict word limit. You may use inanimate materials, but you may not use any animate resources other than yourself. You are likely to find that the only materials that help you on the exam are those that you have made or already read, understood, reviewed, and used.
+
# The registrar will announce exam procedures later in the semester. This exam is subject to a strict word limit. You may use inanimate materials (subject to my policy on generative AI), but you may not use any animate resources other than yourself. You are likely to find that the only materials that help you on the exam are those that you have made or already read, understood, reviewed, and used.
# A useful book for law school exams is "Getting to Maybe." See the recommended course materials.
+
# A useful book for law school exams is [https://cap-press.com/books/isbn/9780890897607/Getting-to-Maybe Getting to Maybe]. See the recommended course materials.
  
 
== Preparation ==
 
== Preparation ==
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== Participation ==
 
== Participation ==
 
# During class sessions, you should expect to be called on, show that you are prepared, respect your colleagues, and challenge yourself.
 
# During class sessions, you should expect to be called on, show that you are prepared, respect your colleagues, and challenge yourself.
 +
# Display your name placard in each class session for which you are prepared.
 
# The structure of our sessions will vary. In general, however:
 
# The structure of our sessions will vary. In general, however:
## When I direct a question to you, have a conversation with me. Make sure your mic is unmuted for our full exchange. Tell me what you are thinking. If you are unsure of the question, state what you understood and then ask for clarification; do not ask me to repeat it. If you have difficulty answering, start by saying what you do know, what you do not know, and what makes the question difficult. Expect to struggle: You are here to learn!
+
## When I direct a question to you, have a conversation with me. Tell me what you are thinking. If you are unsure of the question, state what you understood and then ask for clarification; do not ask me to repeat it. If you have difficulty answering, start by saying what you do know, what you do not know, and what makes the question difficult. Expect to struggle: You are here to learn!
 
## When I direct a question to another student, do not publicly answer that question or privately supply an answer to that student. You should, however, think about how you would answer that question and about what you or I might ask next.
 
## When I direct a question to another student, do not publicly answer that question or privately supply an answer to that student. You should, however, think about how you would answer that question and about what you or I might ask next.
## When I ask for volunteers, volunteer. You can do so by using Blackboard's "Raise Hand" function (on the bottom of the main frame).
+
## When I ask for volunteers, volunteer. You can do so by raising your hand.
## When I ask you to participate on Blackboard (by, for example, answering a poll or typing in the chat), do so promptly.  
+
## When you have an urgent clarificatory or explanatory question, raise both hands.
 
## When you are working in a breakout group, focus on the assigned task for the entire time and redirect any conversation that wanders.
 
## When you are working in a breakout group, focus on the assigned task for the entire time and redirect any conversation that wanders.
## When you have an urgent clarificatory or explanatory question, use Blackboard's "Raise Hand" function (on the bottom of the main frame).
+
# For notetaking, you may wish to:
## When you have question or comment that is not urgent (e.g., "What if...?"), use Blackboard's chat function (on the right side of the main frame).
 
# For notetaking , you may wish to:
 
 
## Be selective: Only write in class what you cannot write before or after.
 
## Be selective: Only write in class what you cannot write before or after.
 
## Highlight gaps and errors in the notes you have prepared for class.
 
## Highlight gaps and errors in the notes you have prepared for class.
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## Allocate ten minutes immediately after class to continue taking notes.
 
## Allocate ten minutes immediately after class to continue taking notes.
 
## Review and refine your notes the same day that you take them.
 
## Review and refine your notes the same day that you take them.
# Your participation in this course also includes your participation in required activities outside of these class sessions. I may recognize your participation in voluntary course-related activities, particularly your contributions to those discussion boards and peer-generated materials that are available to the entire class; that participation will not adversely affect your grade unless it involves or evidences a violation of the honor code.
+
# Your participation in this course also includes your participation in required activities outside of these class sessions.
 
 
== Documentation ==
 
# You must give advance notice of any class for which you will be absent or unprepared by sending a blank message before 10:00am on the day of class to the respective addresses. As you are professionals, no reason is needed. Late notice is better than no notice.
 
# Please remember that, in accordance with Student Handbook Section IV(C), you must also maintain your own detailed attendance records. Good lawyers keep good documentation.
 
  
 
== Community norms ==
 
== Community norms ==
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# Confidential reporting officers can provide confidential and anonymous support.
 
# Confidential reporting officers can provide confidential and anonymous support.
 
# All other employees (including faculty) must report incidents of sexual assault, sexual exploitation, and partner or relationship violence to the university’s Title IX Coordinator.
 
# All other employees (including faculty) must report incidents of sexual assault, sexual exploitation, and partner or relationship violence to the university’s Title IX Coordinator.
 
+
== Covid-19 and flu season ==
== Covid-19 ==
+
# Covid-19 and the flu could each imperil the successful completion of your semester.
# As a professor who studies risk, I take this pandemic very seriously.
+
# We can and should all take common-sense steps to avoid this risk among even more serious risks.  
# Our course requires no in-person interaction whatsoever, and any in-person interaction that arises out of this course must be voluntary, accommodate virtual participation, and accord with all university policies on health checks, personal protective equipment, and physical distancing.
+
# Do not come to class if you feel sick.  
# A student who violates this or any pandemic-related requirement violates the honor code, even where that violation is not directly connected to this course. However, I will not consider a disclosure made for the purpose of contact tracing or otherwise in the interest of health or safety to evidence such a violation.
+
# I will use public-health guidance, including indicators of community spread, to decide whether I will mask and on what terms I will interact with others.
# For information on our institutional response, see [https://sc.edu/coronavirus our university site] and our [https://sc.edu/study/colleges_schools/law/internal/general_information/coronavirus.php law school site]. To review or take the Columbia Community pledge, visit [https://sc.edu/safety/coronavirus/ipledgecolumbia IPledgeColumbia]. To update your relevant medical information and ensure that you have access to university health resources, visit [https://sc.edu/myhealthspace MyHealthSpace]. The university's COVID-19 hotline is +1-803-576-8511.  
+
# Regardless, if you mask when closely interacting with me, I will endeavor to reciprocate.
# If COVID-19 further strains our health care system, it will become especially important to reduce other burdens on our first responders and medical professionals. For people in their early 20s, motor vehicle crashes remain a leading cause of death. Aggressive, distracted, drowsy, and intoxicated driving are unlawful and irresponsible. Jokes that trivialize texting-while-driving are not funny. We owe better to each other.
 
  
 
== Wellness generally ==
 
== Wellness generally ==
 
# Law school is stressful, and the practice of law is stressful. Your physical, mental, and emotional health matters.
 
# Law school is stressful, and the practice of law is stressful. Your physical, mental, and emotional health matters.
# If you are lonely, scared, desperate, or unsure, you are not alone.  Please  reach  out. Every semester I hear from students in crisis.
+
# If you are lonely, scared, desperate, insecure, or unsure, you are not alone.  Please  reach  out. Every semester I hear from students in crisis.
 
# Our law school, university, and community have people who care about you and resources that are available to you. These include:
 
# Our law school, university, and community have people who care about you and resources that are available to you. These include:
## Our in-house counselor, who provides free mental health support services to the law school community
+
## Our law school's [https://www.sc.edu/study/colleges_schools/law/student_life/health/health_and_wellness/index.php wellness page].
## Our Associate Dean for Academic Affairs and the Office of Student Affairs
+
## Our in-house counselor, who provides free mental health support services to the law school community.
## Food pantries at our law school (room 106), [https://www.sc.edu/about/offices_and_divisions/leadership_and_service_center/service_opportunities/volunteering/gamecock_pantry/index.php] university, and [https://www.harvesthope.org/ community].
+
## Our Associate Dean for Academic Affairs and the Office of Student Affairs.
## Our university's crisis hotline (+1-803-777-5223) and [https://www.sc.edu/about/offices_and_divisions/student_health_services/medical-services/counseling-and-psychiatry/index.php counseling services].
+
## Food pantries at our law school (room 106), [https://www.sc.edu/about/offices_and_divisions/leadership_and_service_center/service_opportunities/volunteering/gamecock_pantry/index.php university], and [https://www.harvesthope.org/ community].
## A [https://www.sc.edu/about/offices_and_divisions/student_affairs/our_initiatives/health_wellness_and_safety/behavior_intervention_team_referral/index.php specialized team] dedicated to helping people you identify as potentially in need.
+
## Our university's crisis hotline (+1-803-777-5223), [https://www.sc.edu/about/offices_and_divisions/student_health_services/medical-services/counseling-and-psychiatry/index.php counseling services], and other [https://sc.edu/about/offices_and_divisions/health_services/mental-health/index.php mental health resources].
 +
## A [https://sc.edu/about/offices_and_divisions/student_affairs/our_initiatives/health_wellness_and_safety/student_care_and_outreach_team/index.php specialized team] dedicated to helping people you identify as potentially in need.
 
## Lawyers Helping Lawyers (+1-855-321-4384).
 
## Lawyers Helping Lawyers (+1-855-321-4384).
 
## An expansive network of creative and connected people throughout the state and country.
 
## An expansive network of creative and connected people throughout the state and country.
 
## And many others.
 
## And many others.
# Please take care of yourself and others. And prepare now by visiting [https://sc.edu/myhealthspace MyHealthSpace].
+
# For people in their early 20s, motor vehicle crashes are a leading cause of death. Aggressive, distracted, drowsy, and intoxicated driving are unlawful and irresponsible. Jokes that trivialize texting-while-driving are not funny. We owe better to each other.
 +
# Please take care of yourself and others. Prepare now by visiting [https://sc.edu/myhealthspace MyHealthSpace].

Latest revision as of 11:53, 15 September 2023


Professor

  1. My name is Bryant Walker Smith, and you are welcome to call me Bryant. I am delighted to welcome you to the law.
  2. My office hours are generally after class (though not on Wednesdays) and by appointment. After class you can often accompany me to or find me by the large pillars just outside the law school building. You're welcome to chat with me!
  3. You can contact me by email.
  4. My Twitter handle is @bwalkersmith, but this is not a reliable way to reach me.
  5. My bio is here, and my publications are available here. You need not read these.

Materials

  1. This course requires (unless you make other arrangements with me):
    1. Torts (online casebook); you need not create an account.
    2. John L. Diamond et al., Understanding Torts; you may choose between the forthcoming 7th Edition (2023) and the prior 6th Edition (2018).
    3. A computer, a webcam, and access to reliable high-speed Internet.
    4. Access to a high-capacity printer. LexisNexis offers free printing (though not all of our materials are available through Lexis).
  2. You must bring your laptop to every class session, but you may use your laptop in class only when directed to do so.
  3. Materials that are recommended but not required include:
    1. Black's Law Dictionary (also available online through the legal research services you can freely access as a law student).
    2. Richard Michael Fischl and Jeremy Paul, Getting to Maybe (1999).

Logistics

  1. You should expect to spend between 16 and 20 hours a week on this course. Class sessions are only part of this course. The majority of your work, including most of your readings and other individual assignments, some team exercises, and all self-directed study, will take place outside of them.
  2. Our regular class sessions are Monday through Thursday from 1:30pm to 2:30pm in room 289.
  3. Some class sessions will be outdoors. Please speak with me if you have severe allergies or other concerns.
  4. Some class sessions will be on Zoom. I will share Zoom meeting information by email.

Coverage

  1. This course has three overlapping areas of substantive focus:
    1. The first introduces basic legal concepts and skills.
    2. The second, which takes most of the semester, involves a deep dive into the tort of negligence so that you can begin to appreciate the complexity of law.
    3. The third introduces you to nearly all the other torts so that you can recognize these torts and teach yourself more about them as needed.
  2. For specific topics, refer to the Torts course page.
  3. Throughout the semester, pay particular attention to key themes that appear repeatedly. Take three examples:
    1. Tort law often expresses the norms of the dominant community, including in ways that reflect bias and perpetuate injustice.
    2. Effective legal advocacy often involves framing: Like an accordion player, a lawyer can accurately but strategically advance characterizations that are either broad or narrow.
    3. Careful examination often exposes the tension between neat models and messy realities.
  4. Again, these are just three examples. Many others are waiting for you to discover them. This is because identifying, expressing, and reflecting on key themes is an important part of your active learning.

Objectives

  1. Understand tort rules and the contexts in which they operate.
  2. Appreciate the systemic and individual consequences of these rules.
  3. Formulate, defend, challenge, extend, limit, distinguish, and apply case holdings.
  4. Identify and analyze potential tort claims and defenses.
  5. Navigate uncertainty, ambiguity, and inconsistency.
  6. Read, listen, think, write, talk, and behave like a competent lawyer.

Expectations

  1. Try!
  2. Prepare.
  3. Respect others.
  4. Challenge yourself.
  5. Comply with the honor code.
  6. Behave like the lawyer you will become.
  7. If you have concerns (general or specific), talk with me.

Why law school is different

  1. You are responsible for your own learning.
  2. You are learning a foreign language: legal knowledge plus legal thinking.
  3. Confusion and frustration are part of that learning.
  4. My role is to guide you and challenge you.
  5. You are responsible for your own learning.

Sensitivity of subject matter

  1. Recognize and respect that your colleagues’ experiences may be different than your own.
  2. Some students may be personally familiar with the kinds of tragedies present in our materials and exercises.
  3. Some students may be personally familiar with the kinds of individual and structural biases present in our materials and exercises.
  4. We will all make mistakes.
  5. If you have concerns about any material or topic, I invite you to talk with me.

Multitasking

  1. You must be fully prepared prior to class.
  2. You may not participate in any class session or other course activity while driving.
  3. During class, you may engage in activities conducive to your learning and participation, including communications that are relevant to our discussion.
  4. During class, you may not engage in activities that are distracting to you or your classmates, including communications that are irrelevant to our discussion.
  5. Familial obligations are an exception to this last rule: While I strongly encourage you to arrange for the care of your dependents during class time, I recognize that this is not always practical, and I support your efforts to balance these multiple responsibilities.

Generative AI

  1. You must secure my express consent before using a generative AI tool in or for any interaction with me, including asking or answering a question in class, out of class, or on the exam.
  2. You must cite the output of a generative AI tool as you would any other putative authority, including by identifying both direct and indirect quotations.
  3. You must independently substantiate any claim made by a generative AI tool.
  4. Our law school has a special community-wide listserv for faculty, staff, and students to discuss generative AI. You are welcome to subscribe and participate.

Recordings and visitors

  1. The law school will likely record our class sessions.
  2. You may record a class session only with my written permission or the written permission of the Student Disability Resource Center.
  3. You may access a class recording only for your own education.
  4. You may share a class recording only with my written permission.
  5. You may invite another adult to attend a class only with my written permission.

Grading

  1. Grades will be based on your (a) final exam performance, (b) preparation and participation, and (c) professionalism.
  2. The mean grade for the course will, absent extraordinary circumstances, fall between 2.7 and 3.0 points (Law Student Handbook Section VIII(D)(2)(b)).

Final exam

  1. The final exam is an imperfect assessment of your understanding of (a) tort law and its context, (b) your ability to reason, analyze, and argue, and (c) your ability to communicate effectively and appropriately. It draws on (a) all assignments (even if not discussed in class) and (b) all class discussions (even if not covered in the assignments).
  2. The registrar will announce exam procedures later in the semester. This exam is subject to a strict word limit. You may use inanimate materials (subject to my policy on generative AI), but you may not use any animate resources other than yourself. You are likely to find that the only materials that help you on the exam are those that you have made or already read, understood, reviewed, and used.
  3. A useful book for law school exams is Getting to Maybe. See the recommended course materials.

Preparation

  1. Preparation means:
    1. Completing all assignments, including readings and exercises.
    2. Briefing all assigned cases using the required format and taking other appropriate notes.
    3. Reflecting on each assignment and relating it to larger course themes.
    4. Preparing the materials that you need to meaningfully engage in class.
    5. Reviewing assignments and discussions after each class.
  2. Prior assignments may be discussed in later classes.

Participation

  1. During class sessions, you should expect to be called on, show that you are prepared, respect your colleagues, and challenge yourself.
  2. Display your name placard in each class session for which you are prepared.
  3. The structure of our sessions will vary. In general, however:
    1. When I direct a question to you, have a conversation with me. Tell me what you are thinking. If you are unsure of the question, state what you understood and then ask for clarification; do not ask me to repeat it. If you have difficulty answering, start by saying what you do know, what you do not know, and what makes the question difficult. Expect to struggle: You are here to learn!
    2. When I direct a question to another student, do not publicly answer that question or privately supply an answer to that student. You should, however, think about how you would answer that question and about what you or I might ask next.
    3. When I ask for volunteers, volunteer. You can do so by raising your hand.
    4. When you have an urgent clarificatory or explanatory question, raise both hands.
    5. When you are working in a breakout group, focus on the assigned task for the entire time and redirect any conversation that wanders.
  4. For notetaking, you may wish to:
    1. Be selective: Only write in class what you cannot write before or after.
    2. Highlight gaps and errors in the notes you have prepared for class.
    3. Identify key points, major issues, recurring themes, new questions, and points of confusion so that later you can develop them further.
    4. Allocate ten minutes immediately after class to continue taking notes.
    5. Review and refine your notes the same day that you take them.
  5. Your participation in this course also includes your participation in required activities outside of these class sessions.

Community norms

  1. Student Handbook Section VIII(B) contains our law school's honor code. Read it, know it, and comply with it.
  2. Students who commit to the Carolina Creed "oppose intolerance by promoting integrity within our campus community."

Accommodations

  1. You deserve equal access and opportunity.
  2. You may, but you need not, speak with me about your SDRC-directed accommodations.

Interpersonal violence and mandatory reporting

  1. You deserve to be safe.
  2. Confidential reporting officers can provide confidential and anonymous support.
  3. All other employees (including faculty) must report incidents of sexual assault, sexual exploitation, and partner or relationship violence to the university’s Title IX Coordinator.

Covid-19 and flu season

  1. Covid-19 and the flu could each imperil the successful completion of your semester.
  2. We can and should all take common-sense steps to avoid this risk among even more serious risks.
  3. Do not come to class if you feel sick.
  4. I will use public-health guidance, including indicators of community spread, to decide whether I will mask and on what terms I will interact with others.
  5. Regardless, if you mask when closely interacting with me, I will endeavor to reciprocate.

Wellness generally

  1. Law school is stressful, and the practice of law is stressful. Your physical, mental, and emotional health matters.
  2. If you are lonely, scared, desperate, insecure, or unsure, you are not alone. Please reach out. Every semester I hear from students in crisis.
  3. Our law school, university, and community have people who care about you and resources that are available to you. These include:
    1. Our law school's wellness page.
    2. Our in-house counselor, who provides free mental health support services to the law school community.
    3. Our Associate Dean for Academic Affairs and the Office of Student Affairs.
    4. Food pantries at our law school (room 106), university, and community.
    5. Our university's crisis hotline (+1-803-777-5223), counseling services, and other mental health resources.
    6. A specialized team dedicated to helping people you identify as potentially in need.
    7. Lawyers Helping Lawyers (+1-855-321-4384).
    8. An expansive network of creative and connected people throughout the state and country.
    9. And many others.
  4. For people in their early 20s, motor vehicle crashes are a leading cause of death. Aggressive, distracted, drowsy, and intoxicated driving are unlawful and irresponsible. Jokes that trivialize texting-while-driving are not funny. We owe better to each other.
  5. Please take care of yourself and others. Prepare now by visiting MyHealthSpace.