Kagan and Civil Procedure

Via Adam Steinman comes this post from Elie Mystal at ATL describing his (shall we say, unique) experiences as a student in Elena Kagan's Civ Pro class at Harvard. Quite funny.

First, I agree with Mystal about the Socratic Method, or at least the Socratic Method combined with cold-calling. One reason I do not cold-call is that if you hit an unprepared student (or a student who just does not get it) the class comes to a screeching halt. I have not yet developed the skill to work the discussion through a thoroughly unprepared or thoroughly lost student. Kagan's solution with Mystal is unique, but not one I could pull off with my students.

Second, I did not know Kagan taught Civ Pro. I take this as a good sign. Although she is not a procedure scholar, she at least had to engage with the Federal Rules. So maybe she can help the Court to stop butchering the damn Rules.