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Using Silent Signals to Assess and Engage the Students

Using Silent Signals to Assess and Engage the Students

By Emily Grant, Washburn University School of Law and Sandra Simpson, Gonzaga University School of Law

In a large classroom or in a zoom setting, sometimes it’s difficult to encourage two-way communication so that students can share thoughts with the professor.  Use of “silent signals” can facilitate real-time feedback and communication from students so that the professor can accurately assess the classroom climate.

First, what kind of silent signals?  You can ask for simple gestures like a thumbs up or thumbs down.  When I use this method, I have the students hold their signal close to their chests so I can see the signal but most of their colleagues can’t.  This may help the students feel more anonymous.   The same hand gestures work on zoom, or you can use the options under “reactions”—thumbs up, thumbs down, arrows, stop sign.

Next, signals in response to what?  Anything you might need feedback on.  Comprehension of the topic or the sample problem.  Pacing of the conversation.  Voting on how a hypothetical case will come out.  Expressing opinions on whether you agree with the dissent’s position. I use the thumbs up or thumbs down method to measure students’ comprehension of a concept we just covered.  The same method is a quick way to poll the students as well.

As with many teaching techniques, be careful not to overuse signals.  But in limited doses, they can be an effective way to take the temperature of a classroom.

Adapted from Elizabeth F. Barkley & Claire Howell Major, Interaction Lecturing: A Handbook for College Faculty 156-57 (2018).

Précis

Précis

This teaching idea comes to you from the directors of ILTL [1]

Précis

Précis is a French word, pronounced pray-see, that refers to a way of summarizing text to include the meaning of the original text but to be as concise as possible. It can be an effective tool to solidify understanding of a particular document, and it could be used a couple of different ways in a law school setting.

Often, in thinking about legal briefs or memos, experts talk about a topic sentence outline—making sure the topic sentence of each individual paragraph flows in a cohesive argument throughout the document.  The exercise of condensing each paragraph to just one topic sentence is a version of précis.

Students could use this technique to more deeply understand a case opinion as well.  Number the paragraphs of an assigned opinion, and have students create a précis.  Essentially, they will be writing a topic sentence for each paragraph of the judicial opinion in their own words, except when the words used by the court are terms of art, then they should use those terms of art.  The goal is to essentially create a topic sentence outline of the opinion that would allow the reader to follow the full course of reasoning.  It’s not a summary; students should write in the voice of the court.

Important pieces of a précis:  Who is the actor?  What is the function of the paragraph? What is the substantive content of the paragraph? And then focus on conciseness—use clear, simple language and eliminate unnecessary words.

For example, a précis of the equal protection discussion in Loving v. Virginia might look something like this:

1 The Supreme Court of Appeals of Virginia upheld the constitutionality of the State’s ban against interracial marriages because (1) preserving the racial integrity of its citizens was deemed to be a legitimate governmental purpose and (2) marriage traditionally lies within the sphere of state regulation rather than federal regulation.
2 The State argues that (1) the Equal Protection Clause does not apply because it was meant only to prohibit differential punishment based on race and (2) as a result, the Court should apply deferential rational basis review to the laws.
3 The mere fact of equal application does not remove a law from equal protection scrutiny; laws containing racial classifications must meet a very heavy burden of justification.
4 The legislative history surrounding adoption of the Fourteenth Amendment does not clearly support the contention that it was meant to address only criminal laws that imposed differential punishment on the basis of race.
5 Precedent to the contrary has been repudiated.
6 Laws, like this one, that rely on distinctions based on race, must be shown to be necessary to the accomplishment of some permissible state objective other than race discrimination itself.
7 The law is supported by no overriding legitimate purpose outside of racial discrimination itself.
8 Anti-miscegenation laws also violate the Due Process Clause of the Fourteenth Amendment.
9 Marriage is a fundamental right which cannot be infringed upon based on racial classifications.

[1] Hat tip: Susannah Pollvogt, Associate Dean of Student Success, University of Arkansas School of Law

How to Use Formative Assessment Data to Tailor Teaching

How to Use Formative Assessment Data to Tailor Teaching

By: Cynthia M. Ho, Professor at Loyola University School of Law

The principle of using frequent (multiple times a class and every week) formative assessment data to tailor teaching underlies Click & Learn, a Civil Procedure teaching tool that I created with Professor Angela Upchurch and Professor Susan Gilles.  However, this approach works in any doctrinal class.

How Can Formative Assessment Data Help Teachers?

Formative assessment data can help you know what students have mastered.  Saved time can focus on tougher concepts and/or permit other activities such as group exercises.

Alternatively, if there are topics that a substantial number of students did not get (i.e., at least 20-25% wrong), class time can be used to improve understanding.

What Formative Assessment Data?

Data can be derived from both “objective” (i.e. MC and T/F) data and narrative (i.e., essay answer and discussion board posts) assessments.

Data can provide trends to inform your teaching.  “Objective” data is easiest to scan.  But even narrative data can be efficiently reviewed if you review a small sample.

A Word of Caution: The Need to Focus Students on Learning

Teachers know that the point of formative assessment is to help students learn.  To reinforce this focus, students should get full credit towards class participation for all timely and “professional” submissions (i.e., doing the entire assignment in more than 30 seconds).

Three Options to Tailor Class

Here’s an overview of three options to tailor class:

Type of Formative Assessment Example How much class tailoring +/-
1. In-class only In-class polling Minimal +  easiest to incorporate;

–  least tailoring

2. Outside class only (a) “Objective”

(b) Narrative

Medium + more tailoring, no need to adjust “on the fly”

-no ability to tailor during class

3. Combo-in & outside Both of the above Maximum + maximum tailoring

– maximum prep time

In addition, here are the benefits of each type of assessment for tailoring how you teach class.

Type of Formative Assessment Example Goals
1.In-class only In-class polling -review of material just covered to ensure mastery

-emphasizes a point

– provides application practice

– changes the pace of class and maintains engagement

2. Outside class only (a) “Objective”

(b) Narrative

-Objective questions with detailed explanation provide  feedback to help ensure the entire class has mastery o

-provides application practice

3. Combo-in & outside Both of the above -all of the above, plus long-term learning benefits

Now that you know the big picture, let’s dive into the details.

  1. In-Class Only

Here’s a few examples of how to use in-class polling.

In-class polling to recap material just discussed

One way to incorporate polling is to ask a question after introducing a concept.  So, for example, after discussing what is a trade secret (TS), a polling question could ask students to apply what they know.  The left shows slides introducing the concept whereas the right shows the polling question.

In-class polling to emphasize a point in the assigned reading

A polling question can emphasize an issue since students will remember something if they get it wrong.  Here is one example that reinforces an issue students otherwise often miss without a poll:

  1. Outside Class only

Data based on formative assessment outside class can also help tailor class time.

For topics where the data shows students are struggling, these can be handled in two ways.  First, the question can be displayed again in class to solicit discussion of the right (and wrong) answer, together with reasoning.

Here’s one example where the question students previously had trouble with is on the left, with the key Civil Procedure issue of 1331 subject matter jurisdiction is on the right:

Alternatively, a new application question can be posed in class that asks students to discuss the same concept, but in a new factual setting such as the following:

Isn’t it a waste of time to review issues in class if formative assessment provided an answer?

No!  Even after students read an explanation, they may need more reinforcement.  Students say they prefer to review tougher questions in class even after reading the explanation.

How do you use data from narrative assignments?

Class discussion can also be tailored based on sampled essay data.  For example, after reviewing a few essay answers from a Civil Procedure, class a slide addressing noted issues can help organize the in-class discussion as shown below:

  1. Combo – in and outside

The best way to tailor teaching involves combining the previously discussed approaches.  Basically, conduct formative assessment outside class and then use that data to focus class time on needed issues, including in-class polling. This seems to promote long-term learning; students studying for the bar often email with delight to note that they remember concepts studied two years ago.

Tailoring can be truly maximized with a flipped law class where students learn material before  class. Click & Learn enables faculty to easily do this.

Even without using a flipped class approach, the Combo approach still provides more polling benefits. How?  Let’s explore.

A new in-class polling question may use the same facts from an outside-class “objective” question but pose new answer choices.  These choices can focus on issues underlying wrong answers students previously chose but stated slightly differently. This is shown below:

Data from narrative answers can be used to create a new in-class polling question to assess the entire class and reveal to confused students that they are not alone.  Here’s one example:

Data from narrative answers can also be used to help students compare what is and is not a strong statement to include in an essay answer.  Here’s one example with answer choices from sampled student answers:

Now what?

If you want more info, check out [How to choose a Formative Assessment Platform] and/or slides from the related Summer 2021 Conference presentation are available here.

And, of course, the best way of learning is by doing.  So, hopefully you’re now inspired to do more with your own data using some of these techniques!

Training New Lawyers to Recognize and Confront Structural Violence

Training New Lawyers to Recognize and Confront Structural Violence

By Jocelyn Getgen Kestenbaum, Associate Professor of Clinical Law at the Benjamin N. Cardozo School of Law, Director of the Benjamin B. Ferencz Human Rights and Atrocity Prevention Clinic and the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR). Continue Reading

Failure, Fun and Formative Assessment: Lessons from Click & Learn: Civil Procedure

Failure, Fun and Formative Assessment: Lessons from Click & Learn: Civil Procedure

By Cynthia Ho, Loyola University Law School, Chicago

Failure, Fun and Formative Assessment: Lessons from Click & Learn: Civil Procedure

The title is not a typo.  Rather, it describes what can happen when you blend the best of learning theory, legal education goals and technology.  Intrigued?  Keep reading!

Formative Assessment is now widely acknowledged as important to legal education as reflected in ABA standards.  This makes sense based on decades of learning theory that show active learning promotes both short and long term memory.  There seems to be great interest in promoting formative assessment based on comments I’ve seen among participants in the CALI Online Teaching Mini-Course, as well as a Civil Procedure Pedagogy & Distance Learning workshop.  Many seem to recognize that  in-class polling can provide key formative assessment.  As studies have shown, such polls close a “feedback loop” by showing whether class and/or specific students understand material, such that any gap can be remedied long before the final.  But, how to incorporate more formative assessment, and especially find questions, often seems daunting.

There is actually an easy way to incorporate more formative assessment for Civil Procedure faculty –  a new online and interactive tool:  Click & Learn:  Civil Procedure, of which I’m a co-author with Angela Upchurch and Susan Gilles  that is premised upon these principles of learning theory.  This is true whether class is entirely in person, entirely online, or some combination.  In fact, we have successfully done both.

Click & Learn can provide formative assessment throughout the course.  There are over 2000 questions at all levels of difficulty across all topics, as well as sections that cover multiple topics such as SMJ, PJ and Venue simultaneously.  These questions permit repeated formative assessment, consistent with learning theory that recommends multiple opportunities for formative assessment, as well as assessment that promptly provides feedback.  Since the tool is completely online and provides explanations to questions, including wrong answer choices, students can obtain feedback immediately and on their own pace.   Students at our three different law schools, as well as students who have adopted it on their own all tell us they found this fun and effective.  Usage outside of class can constitute ABA minutes regarding class time whether the class is designated as fully online or not.  In addition, it can even satisfy ABA requirements for distance classes by including feedback and promoting monitoring of student efforts.  The questions can also be used with small groups to promote student interactions.

This tool is fundamentally built upon active learning principles, as well as studies that show the benefit of failing on student learning.  Although less well known among legal educators, formative assessment can include more than testing students after material is introduced.  Studies show that “failing” with a pre-test can actually improve learning.  There is a “generation effect,” which basically means that generating a guess on an answer promotes long term recall.  Perhaps counter-intuitively, studies find students learn better this way than being told the answer first.  Why?  Basically, generating a guess, students prime their brain to the concept such that they are more likely to remember it.  This means that formative assessment of law students can ideally begin in conjunction with learning material for the first time.

Click & Learn tool incorporates many questions that can be used as pre-tests to promote learning. In particular, each topic includes questions that can be used as a pre-test that studies show can enhance final exam performance.  So, for example, a student might be shown FRCP and asked what they think it relates to based on headers.  Or, alternatively, a student might be asked why they think a rule has a particular policy.

Click & Learn is designed to supplement any Civil Procedure casebook, regardless of the order in which topics are taught.  Each major topic is introduced without any assumption that students have covered other material.

Click & Learn can be flexibly used.  Students can do it on their own without any faculty involvement.  Or, faculty can adopt it to require the entire class benefit from formative assessment.  Faculty of course retain freedom in deciding how to use the formative assessment opportunities.  A faculty could require students to answer medium-level questions – in class or outside of class – to test student understanding after covering a topic in class.  Or, a faculty could assign, or at least recommend the most basic questions as a way to actively engage students in learning and gain the learning best from such a pre-test.  There are also more challenging questions that can be used in class, in office hours, or as supplemental review. In addition, faculty can assign questions to previously covered material to promote interleaving of concepts that studies show further promotes class learning.

Each topic is introduced through several interactive FAQ that students can easily revisit as well.   Here is how the beginning of 1332 looks like:

The icons under the “Q#/Level” indicate the number and difficult level of questions provided. Most of these are the easiest questions.  The section with the trophy icon is a review section with more challenging questions.  A student can do these sections in conjunction with class material.  In addition, students could return to past sections that they previously performed poorly on.  This would also be consistent with interleaving and lead to better learning outcomes.   Indeed, we found our students often repeated questions they initially got wrong even though we did not require them to do so.

To help make it easy to incorporate Click & Learn, there is a downloadable table of contents that shows all the topics, as well as questions, including difficulty level.   There is also a way to match it to casebooks.  Both of these are shown under the Support tab online:

“Matching to my Casebook” enables faculty to match Click & Learn with major textbooks including Freer & Perdue, Glannon and Yeazell.  Faculty adopters can easily cut and paste from these documents to create something like this:

Class 1:  Introduction to SMJ and Diversity
Read F&P  pp. 175 – 207
Class 2: Diversity
Read F&P  pp. 207 – 212
WEEK IN REVIEW  Complete by ____________2020

C&L Unit 3, Part 4: Diversity (& Alienage) SMJ
Required: Ch V. 1332 SMJ Synthesis 15 Qs Synthesis
Optional:   Ch II.  D. Review of “Citizenship” for SMJ  – 10 Qs Synthesis
AND Ch IV. F. Review of Amount in Controversy (AIC) 4 Qs PMP

Click & Learn is also designed to promote more student learning.  How?  It provides a unique faculty dashboard rich with data.  For example, the image below shows that question 2 is the one that most students had trouble with, as well as that choice “C” was the most common wrong answer.  Checking what choice C says (which is easily done with one click) can then indicate what issue should be reviewed.  A faculty member can thus use this information to close the feedback loop and address the issue(s) of confusion.

The Dashboard also provides information on individual students.  It highlights late submissions, and also provides the score of each student.  You can see this below with a fake class (to avoid FERPA issues).  Here, the fifth student was late.  In addition, this easily identifies students 1 and 4 as the lowest performing students – but, only to the individual faculty member.  Students see their own scores, but not those of other students.  This enables a faculty member to easily identify students who need more support and provide that support.

There is a lot more I could say about this, but it would probably be more engaging to try it out yourself!  Any faculty member interested in learning more can register for a free complimentary copy.  In addition, if you want more of an overview, check out this zoom session: https://www.youtube.com/watch?v=-fmugIa-oUA

Make Failure Flattering:  Embracing Classroom Struggles, Creating Real World Successes

Make Failure Flattering: Embracing Classroom Struggles, Creating Real World Successes

By Maj Wolfgang S. Weber, U.S. Air Force Academy[1], Assistant Professor Of Law

To all my students, past, present, and future, please forgive me, I have something I need to get off my chest:  I enjoy seeing you fail in the classroom.   

Well, at least initially. 

As educators, we constantly reflect upon how we can make our class an academic journey worth taking. Sure, we could lecture till we’re blue in the face; but is that really as effective (or fun) as an interactive effort that helps students recognize their own strengths and weaknesses within the material?

When I first began teaching, I meticulously walked my students through every single lesson, “If you have a question please don’t hesitate to stop me and ask!” I never wanted to leave a rock unturned; I never wanted to leave the class with lingering inquiries. I would spend countless hours thinking about exactly what I would say each lesson. I felt a need to tell them everything.

Before long, however, I quickly came to two realizations:  1) even though I was covering all the material, they weren’t fully processing it; and 2) I was boring.  

I was failing. But as you may guess, I’m glad I did.

From my own classroom failures, I reflected deeply on my deficiencies as an educator. I thought about everything I was doing step by step. I spoke at length with my more seasoned colleagues. Soon, it became clear – I was robbing my students of the opportunity to fail. 

Failure is undoubtedly one of life’s best teachers. As we can all likely attest, many of our most profitable educational lessons, both in and out of the classroom, come from failure. Even the most gifted toddler will certainly fall before she learns to walk. In an academic setting, nothing speaks quite as loudly as unmasking a student’s own deficiencies. Of course, this is far easier said than done. In Tony Wagner’s book, Creating Innovators: The Making of Young People Who Will Change the World, Wagner points out that many traditional academic settings penalize students for failure and discourage them to take risk. Thus, as educators, creating an academic environment that teaches students through failure can be an uphill battle. 

The best solution? We must give them permission to fail.

In all my classes, I am constantly thinking about new ways to allow my students to experience failure. In my law class, throughout the semester every student is assigned the task of creating and presenting a different hypothetical legal scenario that they must then teach the class to analyze. In my negotiations class, at some point each student must negotiate with a classmate while the rest of the class observes. In both instances, I make it a point to not teach the students the applicable material beforehand.

On the day of, the students hesitantly make their way to the front of the classroom – visibly nervous about doing or saying something incorrectly in front of their peers; but before a word ever leaves a student’s mouth, I provide a preface to the class: 

Before Sidney and Graham begin, I want to quickly tell them both … ‘thank you.’ While each of them will undoubtedly do some things correctly, they will almost certainly also do some things incorrectly … they will fail. And that’s okay. While we learn in many different ways, one of the best ways to improve is learning from our failures. The Wright brothers didn’t build a flying plane on their first attempt, and none of us, including me, are likely to conduct perfect legal analysis on our first go.  

But the important thing is that we all have the courage to make that first attempt, and that we all are open-minded, tactful, and considerate in our criticisms. Let’s thrive together from an academic environment that lauds mistakes and embraces growth. Graham, Sidney – thank you both for being vulnerable in front of all of us today and giving us this chance to learn … please proceed.

As the students proceed, the class watches eagerly. By the end of the exhibition, I ask the students to take a seat, often receiving applause from their classmates without prompting. Then, I unapologetically ask the entire class the tough questions:  What did they do right? What did they do wrong, where did they fail? What could they have done better?

On most occasions, the students burst into an array of discussion, both complimenting and critiquing their peers with little reluctance; while their peers themselves anxiously receive the feedback, often following up with further questions about their own shortfalls. From there, I jump into the academic lesson, teaching the material while interweaving it with the student presentation and subsequent dialogue.

Over years of teaching through this method, the results have remained consistent: Nine times out of ten, students fail miserably during these exhibitions. Fall flat on their face. But then, the consequent transition transforms them as they ponder all the hidden lessons that did not initially come to mind. Lightbulbs start flashing above their heads as we discuss the new material. And by the end of the class, they’re smiling. They love it. Within an hour, they have gone from defeat to success. They have experienced growth before their very eyes and they’re better for it. By the end of the semester, student feedback repeatedly reiterates these exercises as class favorites.

ather than lecturing at them, consider creating an environment in which students can readily experience and reflect on their academic weaknesses safely. Set them up for failure in the classroom. Make it an ethos in your classroom by giving them permission to fail. You may find that the only thing more enjoyable … is knowing you prepared them for real world success. 

Review: The Deconstructed Issue-Spotting Exam

Review: The Deconstructed Issue-Spotting Exam

By Jeremiah A. Ho, University of Massachusetts School of Law

Jamie R. Abrams, The Deconstructed Issue-Spotting Exam, 68 J. Legal Educ. 194 (2019).

Professor Jamie Abrams from University of Louisville has recently published an article in the Journal of Legal Education with an innovative technique for exam preparation, formative assessment, and lawyering simulation all through what she calls the “deconstructed exam.”  In her piece, The Deconstructed Issue-Spotting Exam, she uses the exam review opportunity in a large case-method class not only for its formative assessment purposes, but also for facilitating more comprehensive curricular reforms that today’s law schools are implementing—particularly in the area of developing lawyering competencies.

Abrams’ approach begins with the use of a traditional issue-spotting cumulative essay.  Once administered and then reviewed with students for legal analysis and issue-spotting skills, Abrams suggests extending the opportunity for further instruction based off the same fact pattern.  Abrams recommends using the exam to further the student’s ability to redo the exam from a client-centered perspective.   This approach is handled particularly by “invit[ing] students to explain why rules are as they are, to provide context for how a rule developed to be what it is, to highlight whether claims are strong or weak, to put issues in procedural context, and to anticipate client reactions.”  Her article details a step-by-step guideline that lays out how her approach is accomplished.

For those of us who teach large Socratic courses, Abrams’ approach may sound ambitious at the start—and it is!  However, her article is precisely written and her approach is very well calculated.  Overall, her approach takes the large fact patterns that we spend days (or weeks) to write for our students and imbues it with more than just its customary finite purpose in the exam room and for grading.  Rather it repurposes the traditional law school exam from its goals for formative assessments to effectuating larger professional competencies within our students.  Abrams gives us a new thoughtful approach to law school testing that imparts more usefulness for both faculty and students.

Back to Basics: Teaching Constitutional Law through Content Review

Back to Basics: Teaching Constitutional Law through Content Review

By Allison E. Butler  CSULB – College of Business, USC Gould School of Law

Exhibit A: Comparative Chart: U.S. And Italian Constitutional Provisions

Co-Authors: Allison E. Butler, JD and Laura Fabiano in collaboration with Fulbright Award 2019.  Allison E. Butler worked with Laura Fabiano with reference to the Italian/U.S. Comparative Constitutional Law.

  1. Introduction

Instructing constitutional law can be challenging given the broad scope of its content. Notably, the U.S. Constitution not only provides the federal government structure but also provides for numerous enumerated rights and guaranteed personal freedoms. While most instruction in law school is through case law, most students have little idea as to the actual structure and content of this document. This article provides a different approach by requiring students to obtain and assemble a U.S. Constitutional booklet, which is subsequently reviewed in a classroom. This exercise enables learners to recognize and find constitutional citations and provide an overall understanding of the contents of this vital historical document.

  1. The U.S. Constitution
  2. Examining the Booklet

The first requirement for this process is to mandate that students download and assemble a free U.S. Constitutional booklet.[1] One day, preferably in the beginning of the course, should be dedicated to reviewing the relevant constitutional provisions prior to actual case law studies. To provide a background on the subject and to begin the instruction, two optional videos can be viewed 1) British Library’s What is the Magna Carta[2] and 2) the History Channel’s The United States Gets a Constitution.[3] While there are numerous other clips, these links are highly effective in refreshing students’ knowledge and providing international students with a general background on the adoption of the document. This review technique can also be facilitated for a comparative or international law class with the students obtaining two constitutions and comparing the two. For example, see comparative chart of the Italian and U.S. Constitutions, set forth in Exhibit A.

  1. Articles and Amendments

While a review of the applicable provision is subjective, it is necessary to begin with a review of the federal government structure beginning with Article I – Legislative Branch of the Constitution. While discussion on the different legislative branch may be warranted, Section 8 of Article I provides the enumerated rights specifically designated to Congress, which with reference to business law includes, but not limited to, the following:

  • Commerce clause to discuss state powers. [4]
  • Copyright and patent clause to discuss intellectual property.[5]
  • Coinage clause for possible discussion on cryptocurrencies.[6]
  • Creation of inferior courts to discuss the federal court system. [7]

Section 10 of Article I provides for a brief discussion on freedom of contract that invokes examination of this clause as well as the substantive due process clause, including discussion on the Lochner Era, in which the U.S. Supreme Court continuously struck down numerous state statutes.[8]

Thereafter, Article II is discussed with focus on the Executive Powers. The primary objective here is the executive power to appoint “[j]udges of the supreme Court and all other Officers of the United States” with advice and consent of the Senate;[9] however, this section also provides discussion on current topics ranging from State of the Union to impeachment proceedings. Lastly, Article III establishes the Supreme Court and the judges therein. With the establishment of the three branches of government, students are directed to Article VI, Clause 2, discussing the Supremacy Clause of the U.S. Constitution.

Upon establishing the main content of the constitution, the Bill of Rights is examined, starting with the following:

  • Establishment Clause[10]
  • Freedom of Speech[11]
  • Search and Seizure[12]
  • Warrants[13]
  • Due process clause – federal[14]
  • Taking Clause[15]
  • Privacy[16]
  • State Powers[17]

These discussions also include a reference to amendments and how they apply to the Constitution leading to the adoption of the 14th and 15th amendment after the U. S. Civil War. The 14th amendment discusses how the due process clause incorporated many of the bill of rights as applicable to the state government as well as the equal protection clause. The 15th amendment illustrates race suffrage and its application solely to the male population but the adoption of the 19th amendment provides for sex suffrage.  Another provision worth discussing is the 28th Amendment, prohibition, and its relation to the 21st amendment repealing the prohibition of the transportation or importation of intoxicating liquors.  Lastly, discussion of the 26th Amendment provides age suffrage.

After full discussion on the various provisions and applicable case law, the pamphlets can be collected and returned to the students on the day of the exam, which is essentially an “open constitutional exam.” Sample questions can range from what articles establish the Supreme Court to what clauses provide for substantive due process. Moreover, questions can be of multiple-choice, essay, or short answer depending on the mandate of the overall course.

III. Conclusion

This type of constitutional review provides students with a broader perspective of this instrument of government. Learners learn to navigate the pages while observing the language adopted by courts such as “probable cause” or “supremacy clause,” observing that these phrases are nor fabrication of the courts but language of the constitution itself.  This learning technique provides the students with a solid base to begin further examination through case study.

EXHIBIT A

COMPARATIVE CHART: U.S. AND ITALIAN CONSTITUTIONAL PROVISIONS

Constitutional Provision United States Italy
Year 1787 1947
Legislature Article I Parte II – Titolo I – sezioni I e II (artt. 55 -82)
Executive Article II Parte II – Titolo III –Sezione I (artt. 92-96)
Judicial Article III Parte II – Titolo IV Sezioni I e II (artt. 101-113) ;

Judicial Review – Constitutional Court: Parte II, Titolo VI sezione I (artt. 134-137)

Supremacy Clause Article VI Art. 5
Reservation of State or Regional Rights Tenth Amendment Art. 117 ( more in general on regionalism: Parte II Titolo V artt. 114-133)
Freedom of Contract Article I, Section 10; Due Process of Fifth and Fourteenth Amendment Due Process Art. 41
Freedom of Religion First Amendment Art. 7 ; art.19
Freedom of Speech First Amendment Art. 21
Right to Privacy ·        The First Amendment; Third Amendment;

·        Fourth Amendment; Fifth Amendment;

Ninth Amendment.

The right to privacy is most often cited in the Due Process Clause of the 14th Amendment

Artt.13-15
Due Process – Procedure Fifth  Amendment (Federal); Fourteenth  Amendment (State) Artt.24-27;

Artt. 111-113

Due Process – Substantive Fifth Amendment (Federal); Fourteenth Amendment incorporates application to the States of Fundamental Rights Art. 2;

Parte I , Titoli I-II-III-IV (art. 13-54)

Taking Clause Fifth Amendment Artt.42-44
Voting Rights Fifteenth, Nineteenth and Twenty-sixth Amendment require that voting rights cannot be abridged on account of race, color, previous condition of servitude, sex, or age for those above 18. Parte I, Titolo IV (art.48-54)

Copyright © 2019. All rights reserved.

[1] See https://constitutionbooklet.com/ for free download and instructions.

[2] See, https://www.youtube.com/watch?v=7xo4tUMdAMw

[3] See, https://www.youtube.com/watch?v=x1YLoO9sHvI

[4]  Article I, Section 8, Clause 3.

[5] U.S. Const., Article I, Section 8, Clause 8.

[6] U.S. Const., Article I, Section 8, Clause 5.

[7] U.S. Const., Article I, Section 8, Clause 9.

[8]  U.S. Lochner Era wherein development of economic due process (14th and 5th Amendments) [1897-1937]; see also,  Arruňada, Benito and Veneta Andonova, Common Law and Civil Law as Pro-Market Adaptations, 26 Wash. U. J.L. & Pol’y 81 (2008); for recent case law on contract clause see, Sveen v. Melin, 584 U.S. ___, 138 S. Ct., 1815 (2018).

[9] U.S. Const., Article II, Section 2, Clause 2.

[10] U.S. Const., amend. I

[11] Id.

[12] U.S. Const., amend. IV

[13] Id.

[14] U.S. Const., amend. V

[15] Id.

[16] U.S. Const., amends., I, III, IV, IX and X

[17] U.S. Const. amend. X

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