Teaching Method & Class Policies

Attendance

Class attendance is required.¹ Class starts exactly 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.

No Laptops and No Electronics in Class

This class has a no laptops and no electronics policy. Students are expected to take notes by hand. A student may take notes using an electronic tablet and stylus provided that the student uses the tablet as they would use a physical notebook and does not use other features of the device during class.

Some students may be concerned about their ability to keep pace with the class when taking notes by hand. I’ve put in place a number of measures to assure that all students have access to the information presented in class. The Instructional Technology Department will post video recordings of every class on brightspace. Separate from the Instructional Technology Department, I maintain audio recordings and AI-generated transcripts of every class that are available here. A few students in the class will also be designated notetakers. These students are allowed to use their laptops exclusively for taking notes. After each class, the designated notetakers’ notes will be posted on brightspace for other students to use as a reference.

Cellphones should not be used during class. If life circumstances require you to take a phone call or send a text message, quietly step out of class to do so.

Preparation & Participation

Class preparation is also required. According to ABA Standard 310, for a five-credit two-semester course, you are expected to spend at least five hours per week on course-related work outside of class. 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. I plan to call on a large portion of the class during each session, using a randomized list. This means that being called on once does not preclude you from being called on again in the same class or the following day. 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 9:40am on the day of class.

Many students are nervous about cold-calling — and for good reason. You want to impress your classmates and your professors. Flubbing a cold call can be embarrassing, and cold calls can sometimes seem like a cruel hazing ritual. My purpose with cold calling is not to humiliate or intimidate but to facilitate a dialogue. It’s a method for us to collectively question 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.

Whenever you come across a section of the casebook labeled “Exercise,” you are expected to complete the exercise and take comprehensive notes before class. I will call on students to discuss the exercises in class, and I will expect you to be able to explain your answers and reasoning.

Generative A.I. Policy

Students are not allowed to use generative A.I. tools for help on the midterm exam or final exam. 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.” Upon graduating law school, you and I will become colleagues, and I’ll ask you to address me as “Colin” instead.

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 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:

• Understand and articulate the common law principles of torts, with an emphasis on negligence, strict liability, products liability, intentional torts, and alternatives to tort.
• Apply these principles, standards, and rules to novel fact patterns by: (1) identifying relevant legal issues; (2) applying the relevant legal rules and standards; and (3) developing clear, organized, and persuasive arguments about potential liability.
• Demonstrate knowledge of the various policy goals of tort law and the different theoretical frameworks that inform the development and interpretation of tort law.
• Understand and describe the relationship between systemic inequality and tort law, including (1) how certain assumptions, values, and social context can explicitly and implicitly influence decisionmaking by judges and juries, and (2) how tort 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.