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99 Detroit Mercy L. Rev. Online J. 1 (2021)

handle is hein.journals/dtmercyl99 and id is 1 raw text is: 









Anecdotes from A Collaborative


Classroom: Teaching the Intersection of

Litigation and Transactional Law

JAY PASKAN  &  JEAN STEADMAN

        Teaching a law schoolclasscan be an isolating experience, and that
was true well before COVID-19.   There might be other people in the
classroomwithyou, butthe whole pointofthe classroomsettingisto convey
information fromthe brainofthe professorto the brains ofthe students.
More  often than not, itis a one-way transmission ofknowledge. Sure, there
are situations where a student asks a pointed question that fosters an
intelligentdiscussionofthesubjectmatter, butthe knowledgecomesfroma
single source. For anyone thatdid notstartoffin academia, itis clearthat
this unilateralexchange is nothing like the practiceoflaw in the realworld
where  a more collaborative approach is required. To better replicate a
practicallaw officesetting,we setoutto create a classthatwouldallowfor
collaboration,overpontification. Ourobjectivewasto showthe students
howbouncing   ideas offone anotherand relying onboth professors' and
students'expertise allows forbettercriticalanalysis oflegalissues,problem
solving, and a more realistic application ofthetheorythattheyare tasked
with learning in law school.
        Aside  from a  love for teaching, we  have  few overlapping
similarities. Professor Steadman teaches contracts and sales, has an
extensive backgroundininternationalcross-bordercommercialtransactions,
and wants to talk and write aboutcontract drafting ad nauseum. Prior to his
teachingpositioninCharleston, SouthCarolina, ProfessorPaskan worked at
a medical malpractice defense firm in Ohio, where the Rules of Civil
Procedurewereappreciatedfortheirsword/shield dualpurpose. The two of
us exemplify theage old paths thatmostlaw students think theyneed to
decide to walk:transactionallaw or litigation.However, perfecting each of
these skillsets in a bubble or vacuum does not make for a well-rounded
practitioner;wewanted to seeifthere was a way to create an engaging course
to highlight the reality thatthese tracks are not alwaysparallel and separate,
butfrequently intersect.
        How  then can we get the students to appreciate that these areas of
law are both opposing  forces and symbiotic?  The solution was simple,
contracts are not always  performed perfectly or properly because  not
everyone does what is legally required; if everyone upheld their end of the
bargain, there would be no need for liquidated damages, indemnification and