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Thursday, May 13, 2010

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.

Posted by Howard Wasserman on May 13, 2010 at 08:47 PM in Current Affairs, Howard Wasserman | Permalink


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