Professional Documents
Culture Documents
INTRODUCTION
One of the social functions of higher education is to help students
learn. Of course, this statement begs the question: learn what? The
seemingly never-ending debate in the academic community is whether
college students should learn specific bodies of knowledge (subject
matter) or, alternatively, concentrate on improving their skills and
abilities in such areas as quantitative reasoning, critical analysis, and
oral and written communication. Which approach is more important to
a collegiate education? Does concentrating on skills leave little room for
content or can both content and abilities be integrated and achieved
simultaneously?
The practical answer to these questions is that college students must
master both skilldabilities and subject matter content to be capable of
effective participation in modern society. University curricula should
cover both these bases and it is a major challenge for curriculum design
to determine the proper balance between educational content and skills
for general education and for majors. Generally, undergraduate students
must study the general education content, which is often focused upon
the arts, the sciences, and humanities, as well as the content of the
academic discipline in which they major. They must also master the
' In answer to the question, W h a t Should You Get Out of College?" posed by Julie
Flaherty, Richard C. Levin, President, Yale University, said 'We hope our students
emerge with, obviously, the capacity to read and think about the world, to do that with
clarity, to express themselves with clarity. But most of all to have acute critical
intelligence, to be able to think critically about issues, to analyze them, to come up with
their own conclusions under any circumstances." Kate Zernike, Tests Are Not Just for
Kids, N.Y. TIMES,August 4,2002, at 4A.In answer to Flahertfs question, W h a t Do
Employers Want?" Phyllis Palmiero, Executive director, State Council of Higher
Education for Virginia, said *. .. Every graduate should have these basic competencies:
be able to write well, have some level of technologic literacy, have the ability to perform
qualitative analysis, be scientificallyliterate, have strong oral communication, as well a~
strong critical thinking skills."Id.
* This challenge haa generated many scholarly suggestions from professors who teach
legal topics to business students. Most ofthese papers suggest pedagogical techniques for
strengthening the writing and critical thinking skills of business students. See, e.g.,
Robert C. Bird, Integrating Simulation Games Into Business Law Teaching, 19 J. LEGAL
STUD.EDUC.203(2001);Barbara E. Behr, The Positive Efectiveness of Controlled Student
Writing Activity: A Statistical Analysis, 3 J. LEGAL STUD.EDUC.46 (1985);Robert B
Bennett, Jr., B William K. Templeton, Writing t o b a r n Business Law, 13 J. LEGALSTUD.
EDUC.265 (1995);Lucien J. Dhooge, Appellate Argumentation in the Business Law
Classroom: Three Modest Examples, 17 J. LEGALSTUD.EDUC.263 (1999);Karla H.Fox
& Madelyn M. Huffmire, The Use of Court Reports and Other WritingAssignments in the
Business Law Curriculum, 9 J. LEGALSTUD.EDUC.117 (1990);Carolyn Hotchkiss, The
Internet as a Teaching Tool in Business Law: New Opportunities and New Resources, 15
J. LEGALSTUD.EDUC.257 (1997);Ida M. Jones, Bridging the Gap: Using Contract
Simulations as an Experiential TeachingMethod, 6 J.LEGALSTUD. EDUC71 (1987);Lucy
V. Katz, The Packaged Brief Writing Assignment-Teaching Writing in a Business Law
Course, 9J.LEGALSTUD. EDUC.325 (1991);Brenda E.Ihowles, RESEARCH ASSIGNMENTS
& CASE STUDIES AS TEACHING/LEARNINGDEVICES IN A GOVERNMENTAL REGULATION
COURSE,4 J. LEGALSTUD.EDUC.78 (1986);Nancy K. Kubasek, A Critical Thinking
Approach to Teaching Environmental Law, 16 J. LEGALSTUD. EDUC.(1998);Nancy
Kubasek & M.Neil Browne, Integrating Critical Thinking into the Leg& Environment
of Business Classroom, 14 J. LEGALSTUD.EDUC.(1996);Murry E. Levin, Experiential
Learning: Use of a Class "ContractDin a Business Law Class,8 J.LEGALSTUD.EDIJC. 185
(1989/1990);Charles R. McGuire, Critical Thinking and Writing in Law Classes: A
2003 I Internet Writing Project I 103
much to learn and so little time! Classroom time devoted to skills-based
learning often means that certain subjects can not be covered in depth,
or at all. So the dilemma is how best to create opportunities to tie
learning skills to learning subject matter, to turn students into
independent and life-long learners. ’
This paper describes what the authors believe is a novel assignment
that they developed and implemented in their undergraduate legal
environment of business courses. The project attempts to blend several
skill-enhancing activities, including Internet-based legal research and
memoranda writing, critical analysis of opposing arguments,4 and
persuasive writing in an issues context. Students have an opportunity
to consider a businessilegal or businesdethics issue in more depth than
can be provided in the classroom, thereby also enhancing content
learning. It is not an overly long project. However, this assignment
provides students an opportunity to use their higher level cognitive
thinking “processesof analysis, application, synthesis, and e~aluation.”~
Additionally, the assignment requires students to apply their values,
engaging their affective domain, “to take an evaluative stance.* The
paper summarizes and considers the feedback received from students
who completed this assignment during the Fall 2001 semester. It
concludes by considering the “lessons learned” from this undertaking
and makes recommendations regarding adoption of a revised project.
BACKGROUND INFORMATION
Both George Mason University and its School of Management
continue to experience significant enrollment growth, especially at the
undergraduate level. Since available resources significantlylag behind
growth, the Legal Environment of Business course is generally taught
in relatively large sections of s i x t y to seventy students. At this time, it
is the only required law course offering in the School of Management
curriculum.'
The student body of the University and the School is very diverse,
with nearly half of all undergraduates coming from families in which
English is not the only language spoken and ofken not the primary
language for inter-family communications. Many of the students are
foreign born and have varying abilities regarding written and spoken
English. Of course, the native born English speakers also display varied
English language skills. Many students dread taking the required legal
environment course because of its language intensive nature and many
postpone it until they are near graduation.
University policy encourages opportunities for all undergraduates to
strengthen their skills in written communications and technology. To
this end, the university provides resources to support a Writing-Across-
the-Curriculum Program (WAC) and a Technology-Across-the Curri-
culum Program (TAC).Courseswhich contribute toward the strengthen-
ing of student communication and technologyskills are favorably viewed
by the faculty and administration. Additionally, all majors must develop
and designate a writing intensive course which is required of all
students majoring in that area. In response, the School of Management
designed and is implementing a "keystone" writing intensive course
which must be completed by all students prior to admission to the
school.' The course, entitled YBusinessModels: A Communications
Approach," is taught jointly by an English professor and a panel of
business professors. As part of this initiative, it was mandated by the
School of Management faculty that all other core courses also would
provide a supplementary writing experience within the next few years.
Since the Legal Environment of Business course is a core require-
ment, it was pedagogically prudent, as well as "politically" desirable, for
the course to provide students a meaningful opportunity for written
communication. Both authors alreadyhad a writing project assignment.
However, that assignment was revised in light of the faculty mandate
to interface with the coverage of the "keystone" course. It was decided
t o move the assignment away from descriptive writing and toward an
advocacy oriented writing exercise. Such an exercise represents a
Page three identifies and explains the student's position on the issue.
Pages four, five, and six are printouts of relevant information found on
three web pages (preferably from different web sites, cited on page two).
"he projects were due several weeks prior to the end of the semester in
order to provide sufficient time to grade the project and to return them
to students during the last week of classes.
HOW PROJECT GOALS INFLUENCED DESIGN
The Internet research project's primary goals were multifaceted. It
would provide each student an opportunity to:
2003 I Internet Writing Project I187
Review the legal and ethical environment of business at the
midpoint of the semester to determine a topic which they wished
to consider in more depth;
Explore the legal and/or ethical research resources available on
the internet and experience the use of this technology for
research;
Research, analyze, summarize, and rewrite arguments support-
ing both sides of an issue;
Choose a position for advocacy after considering opposing argu-
ments and explain why that side was chosen, based on the
arguments;
Supplement the communication initiatives provided by the
keystone course for business majors;
Provide a graded activity t o be completed outside of class t o
supplement exam grades.
Does the project follow the instructions, include all parts, and
was it in memoranda form with adequate citations?
Is it a good example of business writing from the perspective of
clarity of communication?
How well are the opposing arguments handed? Is the student
able to state each argument and provide some logical supporting
explanation?
How well is the student position articulated? Did that position
draw support from some of the opposing arguments and refute
other arguments?
What is the level of sophistication of the arguments and student
position?
Was the supporting documentation of web pageprintouts
attached?
2003 I Internet Writing Project I 189
lo Students in the other two classes were asked to comment on the projects as part of
the University Student Evaluation of Teaching. Unfortunately, t h i s request did not
supply usable results.
190 I Vol. 20 I The Journal of Legal Studies Education
Slightly more than eight percent of the respondents indicated that the
project did not achieve its primary goals. While no common explanation
was provided to justify this opinion, several respondents indicated that
they would have benefited more from conductingresearch in the univer-
sity‘s library than on the Internet. Several students also objected to the
strict format, or experienced difficulty in using and locating legally
related web sites. Other students noted that the research could be done
without utilizing legally related web sites.
Ninety-seven students provided useable responses to the question
”were the directions to complete the project clear and helpful?” Nearly
seventy-fivepercent of the respondents stated that they were clear and
helpful and had no suggestionsfor clarification for the project directions.
While only one respondent indicated that the project directions were
unclear andor not helpful in completing the project, nearly twenty-six
percent of the respondents indicated that the project directions were
clear and helpful but suggested that the directions could be improved.
The most frequent suggestion was t o provide additional guidance on
how to cite sources. Students dissatisfied with the directions wanted
more structure, not less.
Sixly-six students provided suggestions for improvingthe assignment
in the future and other comments were provided in answer to questions
three and four. The most ofken cited suggestion was to allow more flexi-
bility on the length of the three sections of the paper. These responses
seemed to focus on dissatisfactions with limitations on page length and
sources. Three interesting responses suggested that the assignment
would be enhanced by providing: an expanded list of “suggestedtopics;”
a sample project paper; and allowing non-Internet based research.
THE “LESSONSLEARNED” BY THE PROFESSORS
Overall, the instructors were very pleased with the results of the
project. It was well received by most students and expanded their
awareness of the depth and breadth of legal and ethical research
resources available on the Internet. They learned a great deal about a
topic of interest to them that was related to the legal or ethical environ-
ment of business. In addition, the project presented students with a
useful challenge by requiring them to research, analyze, and articulate
arguments to support both sides of an issue. They had an opportunity
to critically evaluate the research results, take a position, and write a
persuasive supporting analysis. The emphasis was on critical thinking;
first, understanding and restating the critical thinking of other sources
and, second, deciding where they agreed and disagreed in formulating
their own recommendation. This was Merent from most other assign-
ments they have experienced, but will be helpful in their business
careers and in their daily lives. While not a lengthy assignment, it
2003 I Internet Writing Project I 191
challenged students to exercise their critical thinking and expressive
abilities.
Despite its relative success in meeting the educational goals set,
several valuable lessons for improvement were gleaned from reading the
papers, answering questions, and evaluating the questionnaire respon-
ses. As a result, the authors recommend that others use this project
with the following revisions.
First, the list of suggested topics may have the effect of discouraging
students from selectingtheir own topic question. However, without a list
many students would find the selection phase of the project to be
difficult, so it is probably advisable to provide a list of suggestions. How-
ever, greater effort should be made to insure that no one topic is overly
attractive. One of the suggested topics was “Should the use of cell
phones while driving be banned?” This issue was chosen by over one
quarter of the students. While many interesting facts were learned
about this issue, the selection by so many made the grading process
more burdensome and repetitive than necessary. Moreover, when many
students do the same topic, there may be group collaboration. While
this is not necessarily bad if it helps learning, it gives unfair advantage
to collaborating students. One strategy to broaden the variety of topics
is to require students to obtain the professor’s approval for the issue
prior to mid-semester. This would empower the professor to keep track
of the distribution issues and to exert some control over the number of
students who research a specific topic. Another alternative would be t o
drop certain topics off the list if they are overused or to ban them
entirely.
Second, additional flexibility should be provided with respect to the
length of the sections of the paper in which students articulate argu-
ments in support of both sides of the issue and in which they present
their own position. The length of these sections was intentionally
limited to one page each t o lessen the burden of grading a large number
of projects within a short period of time. In addition, it was felt that
students should edit their work so that every word matters, and that,
therefore, a one-page limit was workable. However, providing students
additional flexibility on this aspect of the project can be achieved
without undue increase in the grading burden because most students
can be expected to produce a paper of only minimal length. Those
students who want to exceed expectationsshould have that opportunity.
Thus, permitting a range in these sections of one to three pages should
not result in a significant increase in the length of the “average”paper,
and would provide some leeway for the more detail-oriented student.
Sample citations should be provided as well as a sample completed
project.
192 I Vol. 20 I The Journal of Legal Studies Education
Several additional refinements can be made. On page one, students
should be asked to evaluate web sites. This would highlight the problem
with reliability that may be exacerbatedbecause of easy and inexpensive
information dissemination on the Internet. On page three, students
should be asked to include a business perspective to their analysis.
These additions serve the purpose of further challenging the student to
access the research data and to consider the effect on business manage-
ment.
One question that must be explored is whether the project gives
students an opportunity to develop their reasoning abilities. The
authors believe it does because students must evaluate the arguments
they research when they determine and support their own positions.
This includes the cognitive development skills of “integration of con-
cepts, analysis, and evaluation.”” That the assignment is written is
helpful as well.12 However, while the assignment encourages skill
development, it may fall short of standards for the development of
critical thinking, based on logic, because no attempt is made to teach
10gic.l~However, the idea that logic must be taught as part of critical
thinking is not universally accepted. It may be enough that students
begin by understanding their assumptions and inferences, though
certainly a primer in logic would not be ill advised.“
CONCLUSION
Given the availability of new research tools and technologies, an
Internet-based law and business or business and ethics related writing
project could become standard fare in legal environment courses. Most
legal environment courses cover a great deal of content. However, legal
studies faculty know that communication, critical analysis, and writing
skills are equally critical to success in the business world. Students need
to be challenged to present, in a cogent and concise manner, arguments
pertaining to the legal environment of business. They should have the
experience of evaluating research data, forming their own opinions
based on an analysis of the facts and the law, and of advocating that
viewpoint. The Legal Environment of Business course provides a perfect
vehicle for accomplishing these objectives through an Internet-based
research and advocacy writing project.
The law is such a complex and voluminous topic that most class
sessions focus on discussions of content. For many business students,
l1 Neil Browne & Daniel R. Hansen, The Hasty Embrace of Critical Thinking By
Business Law Educators, 9 J. LEGALSTUD.EDUC.515,516 (1991).
l2 Id. at 518.
Browne argues that critical t h h k h g which is based on logic is different than
persuasion which is the basis for legal reasoning. Id. at 525.
l4 RichardPaul &Linda Elder, THEMIMATUREG~~E~,CRITICALTHINKINGCONCEP~S
& TOOM 4 (2001).
2003 I Internet Writing Project I 193
this course is their only opportunity to study law. As a result, the course
covers a large number of intellectually challenging areas of the law.
This project adds another dimension to the subject matter learning. It
takes up very little class time and provides an opportunity for students
to expand their technology, research, written communication, critical
analysis, and advocacy skills.
194 I Vol. 20 1 The Journal of Legal Studies Education
APPENDIX A
Internet Project Entry On Syllabus
Page one identifies the student and lists and answers the following
questions:
A-What is the law and business or ethics and business issue?
B-Why did you select this issue and why is it significant?
C-What steps did you follow to research this issue on the Internet and
which websites did you visit?
D-Which was the most helpful website and why?
You should choose a topic that interests you and which can be stated
as a question to facilitate presentation of both sides of the issue in your
paper. Remember that the topic must be related either to law and
business OR ethics and business. You are not limited t o topics on this
list, though it is permissible to choose one of these topics. These topics
have not been tested to see what information is available. It is possible
that there may be insufficient information for some of them. If you
2003 I Internet Writing Project / 195
have any questions as to whether a topic you are interested in is
suitable, ask me.
APPENDIX C
List of Additional Possible Topics for Internet Research Project
APPENDIX D
Helpful Legal Environment Websites
These websites may help with your Internet project. It is NOT required
that they be used.
www.profusion.com General search engine
www.yahoo.com General search engine
www.google.com General search engine
www.askjeeves.com or www.ask.com General search engine
http9Aawcrawler.fhdlaw.com Legal search engine
www .access.gpo.gov/su~docs/aces/aces140.html Federal Register
www.law.cornell.eduscode, www .findlaw.com/casecode United States
Code
www.law.cornell.edu/states/listing.html State laws
http://thomas.loc.gov Tracks federal legislation: congressional bills,
federal legislative information
www.findlaw.com Findlaw - for many aspects of the law
http://www.findlaw.com/lOfedgov/judiciddistrict-courts.html Federal
district court cases
www.fhdlaw.com/casecode/coWindex.html Federal circuit courts of
appeal cases
www.findlaw.com/casecode/supreme.html, http://oyez.nwu.edu/ U.S.
Supreme Court cases
2003 / Internet Writing Project / 197
http://supct.law.cornell.edu/supct/hermes.search.htmlU.S. Supreme
Court cases
www.findlaw.com/llstategov/index.html State Resources
www .findlaw.cod0ltopicdOOadministrative/gov-agencies.html Federal
administrative agencies
http://www.loc.gov/law/guide/ Guide to Law Online
http://www.loc.gov/law/publidaw.html Law Library of Congress
http://www.supremecourtus.gov/ US.Supreme Court
www.fedcir.gov US. Court of Appeals for the Federal Circuit
www.courts.net Courts.net
http://legl.state.va.udis.htm Tracks Virginia State legislation
www.courts.state.va.us/brochure.htm Virginia’s Court system publica-
tions
www .courts.state.va.us Virginia’s judicial system
www.courts.nethralindex.htm1Virginia courts
http://www.generalcode.com/webcode2.html Municipal Codes on the
Internet
www.municode.com Municode-municipal codes online
www.vsb.org Virginia state bar
www.vba.org Virginia Bar Association
www.abanet.org American Bar Association
www.lawreview.org Law review articles
www.lib.uchicago.edu/-llouAawlistdinfo.htm1 httpd/legalminds.fmdlaw
. c o d Legal topics discussion groups
http://www.scu.edu/Ethics/MarkkulaCenter for Applied Ethics
http://www.atra.org/ American Tort Reform Association home page
www.uspto.gov U.S.Patent & Trademark Office
www.benedict.com Copyright issues
www.sec.gov Securities and Exchange Commission
http://www .americanexpress. com/homepage/smallbusiness .shtml
American Express Small Business Exchange
www.ftc.gov Federal Trade Commission
http://www.Rc.gov/bcp/menu-tmark.htm Consumer Protection - Tele-
marketing
http://www.adlaw.com/rd AdLaw - Resource Files
www.consumerlawpage.com Consumer law home page
www.wto.org World Trade Organization (WTO)
www.sice.oas.org/trade/nafta/n&atce.asp North American Free Trade
Agreement (NAFTA)
www.virtualchase.com The VirtualChase
http://fi.eeadvice.com FreeAdvice
www.nolo.com Nolo- Law for All
https://www.mycounsel.com My counsel.com
www.lawyerexpress.com Lawyerexpress.com
190 / Vol. 20 / The Journal of Legal Studies Education
APPENDIX E
Helpful Newspaper Websites
APPENDIX F
Internet Research Project Questionnaire Results16
Positive Responses:
l6 The authors wish to thank Adolph0 Laurenti, ABD, Economics, George Mason
University, for his assistance with analysis of the questionnaire responses.
2003 I Internet Writing Project I 199
Negative Responses:
Negative answer:
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