Teaching Method & Class Policies

Attendance

Class attendance is required.¹ Class starts on time. Don’t be late. Arrive early and use the time before class starts to get settled so that you are ready to take notes and answer questions.

If illness or exigent circumstances prevent you from being able to attend class, you must email me or contact the Office of Student Affairs at studentaffairs@lls.edu.

Preparation & Participation

Class preparation is also required. I expect that you will come to class having completed the reading and ready to speak about the cases and materials assigned for that day.

I conduct class primarily through Socratic “cold calling,” with limited volunteering. Because all students are expected to read the materials and come to class prepared to answer questions, students are not allowed to “pass” when I ask them to answer a question. If exigent circumstances prevent you from being able to prepare for class, you may place your name on a “no call list” by emailing me before 11:00am on the morning of class.

My purpose with cold calling is not to humiliate or intimidate but to facilitate a dialogue. It’s a method for us to collectively interrogate what we think we know and what we think that we have learned about the law. Being prepared for cold calls in this class means that you are ready to engage in questions — not that you already have the answers. We are here to get it right, not to be right already. You will be prepared for cold calls if you have read the assigned cases closely enough to engage in a spirited discussion. As you work through your reading assignments, don’t read passively and don’t take anything in the cases for granted. Reading without taking notes is not reading at all. As you read, write down questions that come to mind. Ask questions of each other, and consider studying or discussing readings together. And you should always feel free to ask me questions, both in and outside of class. Ask about anything unfamiliar. Please don’t be embarrassed to ask about things you don’t understand — there will likely be others with the same question.

Generative A.I. Policy

Because the exam is open book and the detection of A.I.-generated writing is unreliable, students are allowed to use generative AI tools when taking the final exam. But I will warn you: current generative A.I. tools are not well trained on state constitutional law materials and are prone to making mistakes. While writing the final exam, I will be testing how generative AI tools respond to potential exam questions, and I will purposefully craft exam questions that generative AI tools tend to answer incorrectly. If you use generative A.I. tools during the exam, I suggest that you use them to help with editing and organizing your writing rather than to help with substantive legal analysis.

For preparing for class, students are prohibited from using generative AI tools as a substitute for their assigned work in the class. After having read the assigned materials, taken diligent notes, and completed any required exercises, students are permitted to use generative AI as a study aid. For example, students may use generative AI tools to generate practice exam questions or to identify potential mistakes in a course outline. But be wary. Generative AI tools are prone to providing wrong information that they confidently pronounce as being accurate and externally verified. If you use a generative AI tool as a study aid, you should always independently verify the information it provides. I use generative A.I. to help with my own research and writing, and I am happy to take time during office hours to discuss ways that you can use these tools to help with your own work.

Classroom Norms

To foster an environment that supports curious critical thinking, our class has a set of norms that I ask you each to follow.

Professionalism
Law school is a professional environment. Your classmates are your future colleagues, co-counsel, judges and policymakers. You should treat law school as the beginning of a professional career rather than as an extension of college.

Professionalism and ethical conduct are central to the practice of law, and thus to legal education. We will cover topics in this course that are sensitive and may have personal and significant implications for any one of us in the class, for our families and for others we hold dear. All communication for the course is expected to be professional, respectful, and on topic. For the reasons explained here, I ask that you address me as “Professor” or “Professor Doyle.”

Generosity
We should all strive to be good listeners and to be respectful of different viewpoints. Being respectful does not mean that we should hold back from critiquing others’ views, but it does require us to be be generous in how we interpret and respond to others. Particularly when disagreeing with an argument that someone else has made, try to address the strongest version of their argument. If a statement is made that offends you or that you think might offend others, do challenge it; but show respect for the person who made it. Remember, we all make mistakes sometimes in our speaking and listening.

In this classroom, we disagree with ideas, not with people. When a disagreement targets a person, it often causes that person to become defensive and unreceptive to the point being made. But when a disagreement targets an idea, it allows the person who initially voiced that idea the space to consider the point being made and gives them the opportunity to change their mind.

This year, I hope that each of us — myself included — has the opportunity to be wrong. The luxury of an academic environment is that it is a retreat from the demands of the world and is a safe space for reconsidering what we have taken for granted or assumed to be true. Our classroom should be a supportive space where our ideas, preconceptions, and convictions are open to challenge and critique. Let’s be curious together.

Learning Outcomes

At the conclusion of the course, students should be able to:

• Learn the contents of state constitutions and how the U.S. Supreme Court and state supreme courts function.
• Identify and explain the rights included in the federal and state constitutions. Recognize the sources of federal and state power and understand the principles of federalism that structure our government of dual sovereigns.
• Develop the ability to analyze state constitutional law cases using a comparative approach that examinines similarities and differences between the federal and various state models.
• Analyze the nature, scope, and significance of state constitutional law itself.
• Understand and describe the relationship between systemic inequality and state constitutional law, including (1) how certain assumptions, values, and social context can explicitly and implicitly influence the understanding of constitutional provisions, and (2) how state constitutional law can explicitly and implicitly reinforce the uneven distribution of resources and limit access to justice for marginalized and subordinated groups.

Reasonable Accommodations

Loyola Law School adheres to a policy of nondiscrimination in its educational programs, admissions policies, financial aid, and other school-related programs on the basis of sex, age, race, color, religious creed, national origin, sexual orientation, disability, marital, parental or veteran status. The Law School complies fully with the provisions of Title IX of the Education Amendments of 1972, Title III of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and related administrative regulations and executive orders promulgated thereunder.

Students in need of reasonable accommodations may review the application guidelines and appeals process here. For additional information, you may contact Student Accessibility Services (SAS) in the Office of Student Affairs at accessibility@lls.edu or 213-736-8151.

Interpersonal Misconduct

Loyola Law School is dedicated to fostering the education of the whole person and strives to provide an environment that encourages the search for truth and freedom of inquiry. The Law School recognizes the important contribution a diverse community of students, faculty and staff makes towards the advancement of its goals and ideals. The Law School is committed to providing an environment that is free of discrimination and harassment as defined by federal, state and local law, as well as under this policy. Any violations of this policy will be treated as serious misconduct and result in appropriate disciplinary action up to and including dismissal from the Law School.

As responsible employees, faculty are required to report any case of suspected sexual or interpersonal misconduct and cannot protect student confidentiality. For information about confidential counseling on campus and for general information about consensual relationships, sexual harassment and sexual assault, please review the following information on the Office of Student Affairs webpage: Student-on-Student Sexual Misconduct & Interpersonal Conduct Policy & Protocol; LLS & Community Sexual Assault & Interpersonal Misconduct Resource Contact List; & Project Callisto.