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Teaching the Law School Curriculum - Institute for Law Teaching ...

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366 Sales and Secured Transactions<br />

Ungraded Drafting Assignments<br />

Feedback and Evaluation<br />

In Secured Transactions, weekly (or bi-weekly) drafting assignments and o<strong>the</strong>r practical exercises allow students<br />

to apply <strong>the</strong> law and test <strong>the</strong>ir skills. They also allow me to gauge where <strong>the</strong> students may be having problems.<br />

I do not grade <strong>the</strong>se assignments, but students will receive a grade reduction if <strong>the</strong>y do not participate. I<br />

review <strong>the</strong> assignments, make simple notations, and hand <strong>the</strong>m back with general comments to <strong>the</strong> class (in writing,<br />

if I do not want to use class time) on strengths and weaknesses. You can direct <strong>the</strong> students to prepare <strong>the</strong>se<br />

in teams of two, if team learning is part of your objective. Some examples:<br />

• Interview a secured transaction lender or borrower to determine <strong>the</strong> basic terms of <strong>the</strong> transaction, <strong>the</strong> factors<br />

<strong>the</strong> lender/borrower considered to be important, and what, if anything, <strong>the</strong> lender/borrower would do<br />

differently in a future transaction (be prepared <strong>for</strong> a lot of automobile purchases and a few gems from students<br />

who interview lending officers).<br />

• Draft <strong>the</strong> granting clause of a security agreement <strong>for</strong> a hypo<strong>the</strong>tical transaction.<br />

• Prepare a proper financing statement <strong>for</strong> a case (I use a case we read <strong>for</strong> class) in which <strong>the</strong> security interest<br />

was held to be unperfected due to an error in <strong>the</strong> financing statement.<br />

• Take a photograph of a consignment, bailment <strong>for</strong> processing, or leased equipment in <strong>the</strong> real world<br />

around you.<br />

Chattel Paper Extra Credit<br />

Karen M. Gebbia-Pinetti, University of Hawaii William S. Richardson <strong>School</strong> of <strong>Law</strong><br />

Over <strong>the</strong> years, I have done just about everything I can think of to get my students to understand what chattel<br />

paper is. I have described it, diagrammed it, provided examples of it, explained how it is functionally different<br />

from accounts and instruments, and even had students act it out. Although I remain convinced that <strong>the</strong> concept<br />

is not that complicated, <strong>the</strong> reality is that many students <strong>for</strong> whatever reason simply do not understand it.<br />

In recent years, I have begun offering extra credit to students who choose to create some artistic depiction — such<br />

as a picture, a flow chart, a story, a poem, or a song — that illustrates or explains chattel paper. Although <strong>the</strong> students’<br />

creations are only occasionally helpful to classmates, <strong>the</strong> students who do <strong>the</strong>m definitely come to understand<br />

what chattel paper is and how it functions. They also get an opportunity to tap <strong>the</strong>ir creativity, which I find<br />

helps retain <strong>the</strong>ir enthusiasm <strong>for</strong> <strong>the</strong> course and <strong>the</strong> subject.<br />

Rule Maps<br />

Stephen L. Sepinuck, Gonzaga University <strong>School</strong> of <strong>Law</strong><br />

One very useful technique <strong>for</strong> understanding related statutory provisions is to map out <strong>the</strong>ir rules. The act of<br />

doing this often aids comprehension to a significantly greater degree than almost anything else <strong>the</strong> reader could<br />

do. A prime candidate <strong>for</strong> this is Article 9’s collection of rules on <strong>the</strong> efficacy of financing statements, which is<br />

divided among several different sections (§§ 9-338, 9-502, 9-506, 9-516, and 9-520). I advise students to map out<br />

<strong>the</strong>se rules, by which I mean not merely what provision of <strong>the</strong> Code applies but <strong>the</strong> applicable standard or standards<br />

that govern <strong>the</strong> efficacy of a financing statement <strong>for</strong> each type of error that a financing statement may contain.<br />

To give students <strong>the</strong> incentive to do this, I review and comment upon <strong>the</strong> ef<strong>for</strong>t of each student who submits<br />

a chart to me. I also distribute my own chart to those students (and to those students only).<br />

Stephen L. Sepinuck, Gonzaga University <strong>School</strong> of <strong>Law</strong>

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