PL: Deliverables

Learning Outcomes

By the end of this course, students will be able to:

  1. Master products liability doctrine: Understand and apply the foundational theories (negligence, strict liability, warranty, misrepresentation) to fact patterns involving both traditional and digital products.
  2. Analyze the boundaries of doctrine: Identify where traditional PL doctrine works effectively and where it breaks down when applied to algorithms, platforms, and AI systems.
  3. Apply frameworks to emerging contexts: Use the FAIR Framework (Flexibility, Adaptability, Imagination, Resilience) to propose legal responses to novel technologies and business models.
  4. Develop judgment under uncertainty: Make reasoned recommendations about liability risk, compliance, and strategic response when legal answers are contested.
  5. Communicate complex analysis: Explain legal doctrine and policy tradeoffs to mixed audiences in writing, presentation, and multimedia formats.
  6. Integrate ethics and responsibility: Recognize that legal questions are ethical questions, and that the kind of manager you intend to be is inseparable from the decisions you make about product safety and accountability.

Engagement & Participation

Success in this course requires active participation in class discussions, case analysis, and team-based project work. All students are expected to come to class prepared, having read and briefed assigned cases, and ready to engage thoughtfully in Socratic discussion, case debates, and policy analysis. Please review the Engagement Rubric in Course Policies. Remember that conversation is interactive, spontaneous communication. We will practice this through in-class discussions, case analysis, policy simulations, and structured debates.

Your Engagement Grade Reflects

  • Preparation: Case evaluations completed; readings reviewed; ready to discuss
  • Participation: Contributing meaningfully to discussions; asking clarifying questions; engaging respectfully with competing viewpoints
  • Intellectual honesty: Acknowledging complexity; admitting uncertainty; revising your thinking when evidence warrants
  • Collaboration: Supporting team members on the PL Project; contributing to group discussions and peer feedback

Individual Assignments (Ongoing)

Throughout the semester, you will complete individual assignments that reinforce doctrine, deepen analysis, and prepare you for the PL Project. These include:

Case Evaluations

You will read and review assigned cases to be prepared to discuss and evaluate during our class meetings. Be prepared to discuss:

  • Case name, court, and year
  • Facts: What happened? Why did the parties dispute?
  • Legal issue: What is the question of law?
  • Holding: How did the court rule?
  • Reasoning: Why? What doctrine does the court apply?
  • Managerial implications: How does this ruling affect business decisions about product design, warnings, recalls, or liability exposure?

Reflection Papers

At key points (Weeks 4, 6, 10), you will complete brief reflection papers (≅850 words) that deepen your understanding of doctrine and its implications. You will be asked to:

  • Apply a doctrine to a new scenario
  • Evaluate competing policy rationales
  • Assess how the law allocates risk fairly
  • Reflect on how the FAIR Framework (Flexibility, Adaptability, Imagination, Resilience) shapes your thinking about liability and accountability

Reflection papers are submitted via Canvas. Specific dates and prompts will be provided in the course schedule.

Analysis Memos

In Weeks 7 and 12, you will complete two individual analysis memos (≅1,000 words each) that deepen your understanding of products liability doctrine and its application. You will be asked to:

  • Apply doctrine to a contemporary scenario involving digital products or platforms
  • Compare competing legal frameworks and their implications for risk allocation
  • Evaluate practical challenges in applying doctrine to novel business models (algorithms, cloud services, AI systems)
  • Assess how the law allocates responsibility fairly among companies, consumers, and society
  • Reflect on how the FAIR Framework (Flexibility, Adaptability, Imagination, Resilience) shapes your thinking about liability and accountability

Analysis assignments are submitted via Canvas. Specific dates, scenarios, and detailed prompts will be provided in the course schedule.

Additional Assignments (TBD)

As the syllabus develops, we may add discussion posts, case-comparison exercises, scenario analyses, or other individual work. These will be specified in the course schedule and announced via Teams.


Engagement with Digital Tools & Artificial Intelligence (AI)

As part of your individual work and PL Project, you are encouraged (and sometimes required) to explore AI tools thoughtfully:

  • Use ChatGPT, Claude, Perplexity, or similar tools to brainstorm case analysis, draft policy arguments, or explore legal questions
  • Use design tools to create visual assets for your WordPress project
  • Test how AI handles products liability scenarios; reflect on where AI reasoning succeeds or fails
  • Document your AI experimentation in team discussions and final project reflections

You must disclose all AI-assisted work in your deliverables and PL Project. See my policy on the Use of Artificial Intelligence and Generative AI for detailed guidance on the required disclosure format and on how to integrate AI use responsibly into your analysis.


The PL Project: Team-Based Capstone Work

The PL Project is the primary deliverable for this course. You will work in small teams to analyze how products liability doctrine applies (or fails to apply) to digital products, platforms, and networks. This is not a theoretical exercise; it is a real investigation into how law must adapt to digital contexts.

What is the PL Project?

The PL Project asks your team to:

1. Select a Real Digital Product or Platform

Examples include:

  • An AI hiring tool
  • Social media algorithm
  • Autonomous vehicle system
  • Financial app
  • Cryptocurrency exchange
  • Cloud service
  • Smart home device

2. Analyze How Products Liability Doctrine Applies

  • Can you define a defect in this digital product/platform?
  • Who is the manufacturer? Who else might be liable?
  • What do existing PL theories (negligence, strict liability, warranty, fraud) say about this product’s risks?
  • Can traditional doctrine accommodate digital products, or does it break?

3. Evaluate Whether Existing Doctrine is Adequate

  • Where does the doctrine effectively protect consumers?
  • Where do the doctrine’s assumptions fail in digital contexts?
  • What gaps or inconsistencies emerge?
  • Should regulation complement or replace tort law?
  • Should doctrine adapt existing concepts (expand a product, redefine defect) or create new frameworks?
  • How should manufacturers, platforms, and regulators respond?

5. Present Your Analysis in a Multimedia WordPress Portfolio

Your portfolio should combine:

  • Text-based case analysis and policy arguments
  • Visual infographics, timelines, and decision trees
  • Interactive elements (scenario builders, liability flow charts)
  • Multimedia storytelling (video, podcasts, or audio explainers)

Why This Project Matters

Products liability law is not keeping pace with digital innovation. Courts struggle with questions that traditional doctrine doesn’t clearly answer. By working through these questions systematically, you develop:

  • Mastery of doctrine: You learn products liability law deeply by applying it to the frontier
  • Judgment under uncertainty: You practice making legal recommendations when answers are contested
  • Systems thinking: You recognize how multiple PL theories, regulatory frameworks, and business incentives interact
  • Responsibility: You grapple with ethical questions: Who should bear the cost of digital harms?

The PL Project prepares you for careers where you’ll evaluate and advise on liability risk, compliance, and strategic response in emerging technology sectors.

A note on how this project works. The PL Project runs ahead of the course on purpose. You will regularly need doctrine, cases, and regulatory material we have not covered in class, and sometimes material that this course never covers at all. That is the assignment, not a gap in it. You are upper-level students, and a large part of what this project develops is the ability to find what you need, judge whether it is any good, and act on it without waiting to be told. Ask me when you are genuinely stuck. Ask yourself first.


Team Formation & Collaboration

Teams will consist of 3-4 students. I will form teams based on complementary skills and interests. All teamwork is documented in Microsoft Teams. Your team channel serves as the project workspace. You will:

  • Brainstorm and refine your product selection
  • Divide research responsibilities
  • Share drafts and provide peer feedback
  • Document decision-making and revisions
  • Coordinate contributions to the WordPress site
  • Prepare for team discussion and defense

All collaborative work must be visible in your Teams channel.I will monitor channels regularly to assess engagement, collaboration quality, and intellectual progress.


PL Project Phase Structure

Phase 1: Focus Selection & Preliminary Evaluation

What you will do:

  • Select your digital product or platform from the shortlist provided, or propose an alternative for approval
  • Articulate the core liability question(s)
  • Conduct preliminary research on applicable law
  • Create a preliminary analysis (≅900-1,500 words) identifying:
    • The product/platform and its core features
    • The central liability question
    • A first pass at defect, using Chapters 2 through 4: what would count as a defect in this product, and does the consumer expectations test or the risk-utility test fit it better?
    • Which PL theories do you expect to matter, and why? We do not reach negligence, warranty, and strict liability in class until Weeks 6 through 9, so at this point, you are working ahead of the syllabus. That is intended. Go find what you need, cite what you find, and be straight about where your reading is still thin.
    • A preliminary assessment of whether traditional doctrine looks likely to reach this product at all

Deliverable:

  • Focus selection, posted to your PL Project Teams channel
  • Phase 1 Preliminary Evaluation, published to your PL Project WordPress site

Grading considerations:

  • Clarity of product selection and liability question
  • Evidence of preliminary legal research
  • Quality of team collaboration (visible in Teams)
  • Responsiveness to feedback

Due:

  • End of Week 4 (see Course Schedule, Week 4/Class 7)

Phase 2: Interim Report

What you will do:

  • Conduct deeper legal research
  • Apply multiple PL theories to your product. By Week 8, the course has covered defects and their tests, negligence, misrepresentation, and warranty, so work those thoroughly. Strict liability, and the harder question of whether your product is a “product” at all, are not covered in class until Weeks 9 and 10. Take them on anyway, as far as your own research carries you. A report that reaches for the product question and tells me honestly how far it got is worth more than one that waits for the lecture.
  • Identify where doctrine works and where it breaks down
  • Explore the regulatory landscape and policy alternatives
  • Begin designing multimedia elements
  • Create an interim report (1,800-3,000 words) that:
    • Summarizes existing PL doctrine relevant to your product
    • Applies each doctrine to your specific fact pattern
    • Identifies tensions and gaps
    • Explores preliminary policy alternatives

Deliverable:

  • Phase 2 Interim Report

Grading considerations:

  • Depth of doctrine research and application
  • Quality of critical analysis (where does doctrine work/break?)
  • Evidence of multimedia planning
  • Quality of team collaboration and communication

Due:

  • End of Week 8 (see Course Schedule, Week 8/Class 14)

Phase 3: Final PL Project Portfolio

What you will do:

  • Integrate all research and analysis into a cohesive, comprehensive WordPress portfolio
  • Polish legal analysis and policy recommendations
  • Develop final multimedia elements
  • Create an executive summary
  • Organize the portfolio for narrative and exploratory reading

Your WordPress site should include:

  • Executive Summary: ≅400-600 word overview of the project, key findings, and recommendations
  • Product Overview: Description and business context for your digital product/platform
  • Legal Analysis: Structured analysis applying PL doctrine:
    • Negligence theory
    • Strict liability theory
    • Warranty doctrine
    • Misrepresentation and fraud
    • Other relevant theories
  • Critical Evaluation: Where does doctrine work? Where does it fail? What gaps emerge?
  • Policy Recommendations: How should the law adapt? What regulatory or doctrinal changes would you recommend?
  • Multimedia Elements: Visual infographics, timelines, decision trees, interactive scenario builders, video explainers
    • Where your focus involves death, serious injury, or harm to minors, choose forms that inform without dramatizing. A doctrinal decision tree, a timeline of what the company knew and when, or an annotated chronology of the litigation all satisfy this requirement. An interactive simulation of the harm itself does not. If you are unsure whether a planned element is appropriate, clear it with me before you build it.
  • FAIR Analysis: Apply the FAIR Framework (Flexibility, Adaptability, Imagination, Resilience) to the legal responses you propose, per Learning Outcome 3. Where the case turns on what a company knew and what it chose to do with that knowledge, address Integrity as the standard governing those four.
  • Sources & Citations: Full citation list with links to cases, statutes, and secondary sources

Navigation & Organization:

  • Your WordPress site should be easy to navigate; use clear headers and internal links
  • Organize so that readers can follow either a narrative path (executive summary, full analysis, recommendations) or jump to specific topics
  • Make multimedia elements discoverable and playable
  • Ensure all citations are clickable (link to cases, statutes, law review articles when possible)

Deliverable:

  • Final PL Project Portfolio

Due:

  • End of Week 14, after Classes 24 and 25 (see Course Schedule)

Grading considerations:

  • Depth of doctrine analysis: How thoroughly have you applied PL theory to your product? Do you engage multiple theories (negligence, strict liability, warranty, fraud, misrepresentation)? Are your source citations appropriate and well-explained?
  • Critical evaluation: Where does existing doctrine work? Where does it fail? Do you articulate genuine tensions or gaps?
  • Clarity & organization: Can readers follow your argument? Is the portfolio navigable? Are the conclusions clear?
  • Multimedia quality: Do visual, interactive, and multimedia elements enhance understanding? Are they well-designed and purposeful (not mere decoration)?
  • Feasibility of recommendations: Are your proposed legal responses realistic? Have you considered tradeoffs and potential objections?
  • Use of sources: Proper source (legal and other) citation; engagement with both foundational cases and contemporary commentary on digital platforms and AI liability

Phase 4: PL Project Discussion & Defense

What you will do: Your team will facilitate a 15-20-minute class discussion on your project. Then respond to questions and critiques from peers and me. Format:

  • Introduction: (2-3 min): Briefly introduce your product/platform and the liability question
  • Core argument: (8-10 min): Present your key findings: How does existing doctrine apply? Where is it adequate? Where does it fail? What are your recommendations?
  • Interactive element: (2-3 min): Walk the class through one multimedia or interactive element from your WordPress site
  • Q&A: (5-10 min): Respond to peer and instructor questions; defend your reasoning; acknowledge limitations

Purpose:

  • Develop communication skills, explaining complex legal analysis to a mixed audience
  • Test your reasoning against live critique
  • Contribute to the course’s collective learning about how PL doctrine must adapt

Grading considerations:

  • Quality of presentation and clarity
  • Depth and rigor of legal analysis
  • Ability to defend your arguments under questioning
  • Intellectual honesty about uncertainty and limitations

Due:

  • Week 15, Classes 26 and 27 (see Course Schedule)

Submission & Reviewability Expectations

The PL Project is designed as an iterative, transparent body of workrather than a single end-of-semester submission. Assume throughout the semester that your work will be visible, revisited, questioned, and refined.

Team Channels in Microsoft Teams

All brainstorming, drafts, source collection, and internal discussions should be visible. Feedback and revisions should be documented. Your instructor will review channels regularly to assess engagement, collaboration, and intellectual evolution. Work that is not visible in Teams may be treated as incomplete, regardless of final product quality.

Formal Submissions at Each Phase

  • Phase 1: Focus selection is posted to your PL Project Teams channel
  • Phase 1: Preliminary Evaluation is published to your PL Project WordPress site
  • Phase 2: Interim Report submission is published to your PL Project WordPress site and should reflect your current best thinking at that moment, not polished, but substantive
  • Phase 3: Final PL Project Portfolio is published to your PL Project WordPress site and represents your most complete, coherent work

Revision between phases is expected and encouraged. The final PL Project Portfolio is assessed holistically, with attention to both the quality of the final synthesis and the trajectory of work that led to it.


Grading

The following weights are assigned to each component of your final grade:

Course Components & Grading Breakdown

Component Weight
Engagement & Participation 20%
Individual Assignments 20%
PL Project 60%

PL Project Breakdown

Phase Weight
Phase 1 & 2 15%
Phase 3 Final Portfolio 30%
Phase 4 Discussion & Defense 15%

Assessment Criteria

Engagement & Participation (20%)

  • Consistent attendance and punctuality
  • Preparation (cases briefed, readings reviewed)
  • Active contribution to discussions
  • Respectful engagement with competing viewpoints
  • Collaboration and peer support on your team PL Project

Individual Assignments (20%)

  • Case evaluations demonstrate understanding of legal issues and business implications
  • Reflection papers show synthesis and critical thinking
  • Analysis memos apply doctrine to realistic scenarios with clarity
  • Appropriate use and disclosure of AI use where applicable (see my policy on the Use of Artificial Intelligence and Generative AI)
  • Timely submission and incorporation of feedback

PL Project (60%)

  • See detailed grading considerations for each phase above

Grade Appeal & Revision

You may request a brief feedback meeting with me to discuss your grade on any assignment or project phase. Bring evidence of your work and a specific question about grading criteria. I am open to discussing assessment, but will not raise grades based on effort alone; grades reflect the quality and depth of your analysis.


Other Course Components

Attendance

Regular attendance is expected. Class discussions and case analysis cannot be replicated outside the classroom. Missing more than 3 class sessions may result in a grade penalty and can negatively affect your engagement grade. If illness, emergency, or other circumstances prevent attendance, notify me via Teams as soon as possible.

Late Work

Individual assignments are due by the specified date on the course schedule. Late submissions are accepted with a 5% grade reduction per day late, unless you have made prior arrangements or have documented emergency circumstances. Reach out proactively if you anticipate missing a deadline. PL Project phase submissions have hard deadlines tied to the course schedule. Contact me immediately if your team cannot meet a deadline.

Accessibility & Accommodations

If you have documented disabilities or require accommodations, please contact SHU Student Disability Services and inform me as soon as possible. I am committed to working with you to ensure equitable access to course materials and learning opportunities.

Academic Integrity

All work must be your own (or your team’s) original analysis. Proper citation is required for all sources, including cases, articles, and online materials. Plagiarism, presenting another’s work as your own, is a serious violation of academic integrity and will result in a failing grade and potential disciplinary action. See my policy on Academic and Professional Integrity. When you use AI to assist with your work, you must clearly disclose this. See my policy on the Use of Artificial Intelligence and Generative AI for detailed guidance. Undisclosed use of AI is treated as plagiarism.


Support & Resources

Writing Center

The SHU Writing Center offers free consultations on case briefs, memos, and essays. If you are unsure about the legal citation format or the clarity of your argument, get feedback early.

  • Google Scholar: Free access to court opinions and some law review articles
  • SSRN & JSTOR: Academic papers on products liability, AI law, and platform regulation

PL: Schedule

COURSE MEETS: MW, 2 – 3:15 p.m.
LOCATION: JH111
PROFESSOR: John H. Shannon | Office: 651 Jubilee Hall | Communication: Microsoft Teams DM (preferred)
OFFICE HOURS: MW, 10-11:30 a.m., or by appointment (DM me on Teams with available days/times)

This schedule is aligned with the Deliverables and Course Policies pages. All readings, class topics, and assignment deadlines are listed below.


Before Week 1

Complete this deliverable by visiting Before We Begin. These deliverables must be completed even if you join the course after the first day of class.


Week 1: Introduction & Foundations

Class 1 | Chapter 1 – Introduction and Overview

BEFORE CLASS

PL W01C01 Class Meeting Outline

Read: Chapter 1 (pages 1–6)

  • The Defective Product
  • Three Sources of a Defective Product
  • Three Theories to Bring Suit
  • What is a Product?

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

DURING CLASS

  • Course overview and PL framework
  • Why product liability matters to managers
  • Three-source/three-theory model
  • Definition of “product” (physical vs. digital), with reference to K.G.M. v. Meta (March 2026) as a landmark verdict finding Meta and Google negligent in platform design. The products liability claims never reached the jury: the judge overseeing the coordinated California cases had ruled at the pleading stage that the platforms are not “products” under PL doctrine
  • FAIR Framework introduction
  • The Meta verdict as a case study: What does it mean when a jury finds a company negligent for engagement-optimized design features that the plaintiffs argued it knew, from its own internal research, were causing harm, without the jury ever being asked whether the platform is a “product”? Preview: We will explore the implications of this verdict throughout the semester, with in-depth treatment in Week 14 (Chapter 15, Special Topics)

DELIVERABLE

FAIR Lens: Week 1, Class 1 – Foundations & Frameworks

Opening Question for Reflection

You are a senior product manager at a technology company facing a potential liability issue: your mobile app has a feature that occasionally fails in ways that could cause users financial loss. Before you even consult a lawyer, consider:

  • Flexibility: How might different legal frameworks (tort law, contract law, regulation) change how you approach this problem? What assumptions are you making about which rules apply?
  • Adaptability: The “products liability” framework we’re about to explore was developed in a world of physical goods. What aspects of your digital product fit neatly into that framework? What doesn’t?
  • Imagination: Imagine a user harmed by this feature. What story might they tell about your responsibility? What story might your company tell? Who is right, and why?
  • Resilience: How should a responsible manager prepare for legal uncertainty when the rules haven’t yet adapted to new technology? What organizational practices build resilience in the face of unclear liability exposure?

Class 2 | Chapter 2 – Types of Defects

BEFORE CLASS

PL W01C02 Class Meeting Outline

Read: Chapter 2, pages 7–20

  • Hunt v. Ferguson-Paulus Enterprises (manufacturing defects)
  • Expert Witnesses & Daubert Standard
  • Junk Science concept
  • Boatland of Houston v. Bailey
  • Failure to Warn

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss the Hunt case, the Daubert standard, and the role of expert testimony in establishing a defect; the Boatland case, and how design defects differ from manufacturing defects

DURING CLASS

  • Manufacturing defects: definition and examples
  • Expert witness qualification under Daubert
  • Role of expert testimony in digital product defects
  • Evidence standards
  • Class discussion of the Hunt case and Daubert implications

DELIVERABLE

  • None

FAIR Lens: Week 1, Class 2 – Two Sides of Algorithmic Defect

Consider two algorithmic systems, both causing harm:

Scenario A (Manufacturing Defect): An AI hiring algorithm is designed to identify “qualified candidates.” The engineering team built it according to specifications. But the algorithm was trained on historical hiring data that reflects decades of past discrimination. It consistently screens out qualified candidates from underrepresented groups. An engineering expert testifies: “The algorithm is working exactly as designed; it’s learning from the training data.” A social scientist testifies: “The design embeds historical biases into the system. The training data itself is the defect.”

Scenario B (Design Defect): A social media platform’s algorithm is intentionally designed to maximize engagement, the metric that drives advertising revenue. The design works perfectly: it identifies polarizing content and amplifies it because polarization drives clicks. A user harmed by algorithmic amplification claims that the platform should have designed an algorithm that prioritizes user well-being over engagement. The platform argues: “Well-being is harder to define and measure. Engagement optimization is economically essential to our business model.”

Both scenarios raise the same core question: In algorithmic systems, what counts as a “defect”? And who decides?

FAIR Exploration

Adaptability & Flexibility
  • How would you adapt the “manufacturing defect” concept (deviation from design specifications) to fit digital products? In Scenario A, is the algorithm defective because it was built incorrectly, or because the specifications themselves were flawed? What do you lose or gain by translating manufacturing defect doctrine to algorithms?
  • How would you adapt the “design defect” concept (unreasonably dangerous design when a reasonable alternative exists) to fit algorithmic systems? In Scenario B, is intentional engagement-maximization a design choice or a design defect? Who should determine what is “reasonable” in algorithmic design?
Imagination
  • In Scenario A, the algorithm “learns and changes over time.” What does “deviation from design specifications” even mean for a system that was designed to learn? If the algorithm behaves differently than anticipated because it learns new patterns in data, is that a manufacturing defect or a feature?
  • In Scenario B, what would a “reasonable alternative design” for a social media algorithm look like? How would you define “prioritizing user well-being”? What are the tradeoffs? (Is engagement-maximization more honest than wellness-maximization, since engagement is measurable and wellness is contested?)
  • Under Daubert, whose expert testimony should be admissible? The engineer who built the system? The data scientist who trained it? The social scientist who understands bias? The ethicist who questions the business model? Do we need all of these experts to determine if an algorithm is “defective”?
Resilience
  • How should liability law account for multiple contributors to algorithmic harm? When courts can’t agree on what counts as a manufacturing defect vs. a design defect in algorithmic systems, how should companies design, test, and deploy their products to manage liability exposure? What organizational practices would build resilience in the face of uncertain legal standards?
  • In both scenarios, the “defect” arises from the interaction between human choice (what training data to use, which metric to optimize) and algorithmic execution. Where does the responsibility lie, with the human decision-makers, the algorithm itself, or the system as a whole? How should liability law account for this distributed responsibility?
  • Algorithms are often proprietary and opaque; users and courts may not fully understand how they work. How should liability law adapt to systems that are intentionally designed to be black boxes? Should companies be required to make algorithms more transparent to reduce liability exposure?
Ethical Reflection
  • In Scenario A, the company’s engineering team selected and deployed an algorithm trained on discriminatory historical data. What did the company know about the training data bias before deployment, when did they know it, and what did they choose to do with that knowledge?
  • In Scenario B, the company knew its design prioritizes engagement over safety. What did they know about the radicalization risks, when did they know it, and what did they choose to optimize for instead?
  • Now step out of these cases and think about your own future role: if you were the decision-maker facing the same evidence and the same pressures to deploy, what would you have chosen, and what does your answer reveal about the kind of manager you intend to be?

Week 2: Digital Tools

Class 3 | Adobe Creative Cloud & WordPress

BEFORE CLASS

Read/Watch the following in sufficient depth so that you can participate in an informed discussion and use these resources throughout the course

  • Adobe Creative Cloud for Beginners and Adobe Express for Beginners

DURING CLASS

  • Introduction to Adobe Creative Cloud, Adobe Express, and WordPress

Week 3: Defect Standards & Testing

Class 4 | Chapter 3 – Product Warnings

BEFORE CLASS

PL W03C04 Class Meeting Outline

Read: Chapter 3, pages 21–33

  • Spruill v. Boyle-Midway, Inc.
  • Anderson v. Weslo, Inc.
  • Appendix 3.1: Warnings on OTC Drugs
  • Appendix 3.3: The Black Box Warning
  • Appendix 3.5: Recent Product Recalls

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss both the Spruill and Anderson cases, the adequacy of product warnings, and recall procedures

DURING CLASS

  • Duty to warn: scope and limits
  • Adequacy of warnings (content, placement, audience)
  • Recall procedures and liability
  • Black Box warnings and FDA guidance
  • Digital product warnings: privacy policies, terms of service, algorithmic transparency

DELIVERABLE

  • None

FAIR Lens: Week 3, Class 4 – The Warning Doctrine’s Limits

Scenario

A social media platform discovers that its recommendation algorithm amplifies polarizing content in ways that increase user engagement but also contribute to radicalization. The company considers issuing a “warning” to users. But what would that warning look like? “Warning: This algorithm may amplify extreme viewpoints.” An opt-out mechanism? A redesign? Should the company issue a recall-style update instead?

FAIR Exploration

  • Imagination & Flexibility: What does “warning” mean for an algorithmic system? What would adequate disclosure look like? Who needs to be warned, and about what specifically?
  • Adaptability & Resilience: The traditional “duty to warn” assumes consumers can read a label and make an informed choice. Does that assumption hold for algorithmic systems?
  • Integrity: Boyle-Midway had documented evidence of the hazard before Spruill was harmed. What did the company know, when did they know it, and what did they choose to do with that knowledge? If you were the product manager who signed off on the warning label, what would your answer say about the kind of manager you intend to be?

Class 5 | Chapter 4 – Tests of a Product Defect (Part 1)

BEFORE CLASS

PL W03C05 Class Meeting Outline

Read: Chapter 4, pages 51–62

  • Consumer Expectations Test
  • Gray v. Manitowoc Co, Inc.
  • Brawner v. Liberty Industries, Inc.
  • Keller v. Welles Department Store
  • Risk-Utility Test / Risk-Benefit Test
  • Phillips v. Kimwood Machine Company

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss each case and the difference between the Consumer Expectations Test and the Risk-Utility Test

DURING CLASS

  • Consumer Expectations Test: definition, application, limitations
  • Risk-Utility Test: definition, application
  • Comparing the tests
  • Which test applies to your product?
  • Class application to hypothetical digital products

DELIVERABLE

  • None

FAIR Lens: Week 3, Class 5 – Testing Defectiveness in Digital Products

Dilemma for Discussion

A financial app makes algorithmic investment recommendations. Most users expect the algorithm to maximize their returns. The app’s actual design prioritizes risk reduction and diversification. Is this a design defect? Under the Consumer Expectations Test, yes, because users’ reasonable expectations are not met. Under the Risk-Utility Test, maybe not; the safer design benefits most users and avoids catastrophic losses. Which test is fairer? More efficient?

FAIR Questions

  • Flexibility & Imagination: Design your own “defectiveness” test for digital products. What would it capture that traditional tests miss?
  • Adaptability: How do consumer expectations form in digital contexts where features change constantly?
  • Resilience: If two equally rigorous tests reach opposite conclusions about whether your financial app’s algorithm is defective, what should a responsible company do: default to the more protective test, disclose the ambiguity to users, or wait for a court to decide? What does the choice reveal about whether the company is managing risk or managing liability exposure?
  • Ethical Reflection: Suppose the company’s own legal and product teams knew the Consumer Expectations Test would call the algorithm defective while the Risk-Utility Test would not, and marketed the product as maximizing returns anyway. What did they know about that gap, when did they know it, and what did they choose to disclose to users? Now step out of the case: if you were the product manager who saw both test results before launch, what would you have done, and what does your answer reveal about whether you’re optimizing for legal protection or for honest accountability?

Week 4: Preemption & Regulatory Landscape

Class 6 | Chapter 4 – Tests of a Product Defect (Part 2: Liebeck Deep-Dive)

BEFORE CLASS

PL W04C06 Class Meeting Outline

Read: Chapter 4, pages 60–70

  • Liebeck v. McDonald’s (Case Study)
  • Barker v. Lull Engineering Co.

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss the Liebeck case in detail: facts, jury verdict, damages, and the application of both defect tests

DURING CLASS

  • Liebeck case: facts, jury verdict, damages
  • Application of Consumer Expectations & Risk-Utility tests
  • Jury instructions and verdict form analysis
  • Why this case changed products liability
  • Digital product parallels: algorithmic decision-making, market expectations

DELIVERABLE

  • None

FAIR Lens: Week 4, Class 6 – Standards, Expectations & Digital Innovation

Case Study

Liebeck v. McDonald’s teaches that even a widely used product (hot coffee) can be defective if the risk is foreseeable and the cost of prevention is low. Now apply this to a digital product: A cryptocurrency exchange has a user interface that makes it easy to accidentally send large sums to the wrong address. The company knew this was a usability risk, estimated the fix would cost $50,000, but decided the risk was acceptable because “users should be more careful.” Is this a design defect under Liebeck’s logic?

FAIR Reflection

  • Imagination: How would Liebeck’s jury have decided this case? What would they have wanted to know about the company’s decision-making process?
  • Flexibility & Adaptability: Does the Liebeck framework translate to digital products? Where does it work? Where does it break down?
  • Resilience: If you were advising this company, what would you recommend they do to manage liability exposure while continuing to innovate?
  • Integrity: McDonald’s had documented evidence of more than 700 burn injuries from its coffee before Stella Liebeck was harmed. What did the company know, when did they know it, and what did they choose to do with that knowledge? Faced with the same evidence, the same cost calculations, and the same institutional pressures, what would you have done, and what does your answer reveal about the kind of manager you intend to be?

Class 7 | Chapter 5 – Unavoidably Dangerous Products, Negligence Per Se & Preemption (Part 1)

BEFORE CLASS

PL W04C07 Class Meeting Outline

PL W04C07 Class Session Deck

Read: Chapter 5, pages 71–84

  • Unavoidably Dangerous Products
  • McCarthy v. Olin Corp.
  • Effects of Statutes and Regulations
  • Preemption doctrine
  • Cipollone v. Liggett Group, Inc.

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss the McCarthy case and the Cipollone preemption analysis.

DURING CLASS

  • Unavoidably Dangerous Products: When a product cannot be made safe
  • Regulatory preemption: conflict preemption, express preemption
  • Cipollone case: federal preemption of state tort claims
  • Digital product angle: Does federal AI regulation preempt state tort liability?
  • FDA and CPSC guidance: how regulatory approval affects tort liability

DELIVERABLE

  • Reflection Paper: “Defect Standards in Digital Products” (≅850 words)
    • Requirements: Apply the Consumer Expectations Test and/or Risk-Utility Test to a digital product scenario. Discuss whether traditional defect tests adequately capture what makes a digital product dangerous. Evaluate competing policy rationales for each test (consumer protection vs. manufacturer incentives vs. judicial efficiency). Reflect on how the FAIR Framework (Flexibility, Adaptability, Imagination, Resilience) informs your thinking about digital product liability.
    • Submit via Canvas, due Friday before 9:47 p.m
  • PL Project Phase 1 (Due Saturday Before 11:32 p.m)

FAIR Lens: Week 4, Class 7 – Regulation vs. Tort Liability

Policy Dilemma

The federal government proposes new regulations for AI hiring algorithms, requiring transparency and bias testing. The regulations are less stringent than what some states’ products liability courts have demanded. A company complies with federal regulations but still faces state tort suits for algorithmic bias. Should federal compliance shield the company from tort liability? If yes, does that mean unsafe algorithms can be legally compliant? If no, what incentive does federal regulation provide?

FAIR Analysis

  • Adaptability: When does federal regulation complement tort liability, and when does it conflict?
  • Flexibility: Should companies be able to choose between federal compliance and tort liability?
  • Imagination: Design a regulatory scheme that would preempt tort liability while still protecting consumers from digital harms.
  • Resilience: In a world of rapid digital innovation, should manufacturers be shielded by federal regulatory compliance, or does tort liability provide essential accountability? When regulation and tort liability conflict, who decides which one governs, and how should companies structure their compliance strategies when the answer is unsettled?
  • Ethical Reflection: If a company’s legal team identified a gap between federal regulation and state tort liability, knew the gap existed and posed liability risk, and the company deployed its product anyway, what did they know, when did they know it, and what did they choose to do with that knowledge? Now consider your own position: if you were advising that company and saw the same gap, would you have recommended caution or deployment, and what does your answer reveal about the kind of advisor and leader you intend to be?

Week 5: Historical Development – Privity to Modern Liability

Class 8 | Chapter 5 – Preemption (Part 2)

BEFORE CLASS

PL W05C08 Class Meeting Outline

PL W05C08 Class Session Deck

  • Review Chapter 5; read Appendix 4.1: Drug Development & Approval Process

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss the preemption doctrine and its implications for federal vs. state regulation

DURING CLASS

  • Cipollone analysis and implications
  • Regulatory approval as a defense
  • State tort claims vs. federal standards
  • Current issues: FDA vs. state products liability; FTC authority; AI regulation

DELIVERABLE

  • None

FAIR Lens: Week 5, Class 8 – Standards-Setting & Responsibility

Scenario

An autonomous vehicle manufacturer complies with all federal safety standards for automated driving systems, but the vehicle causes a crash that injures a pedestrian. The injured party sues, claiming the vehicle’s design is defective under state products liability law. The manufacturer argues that federal standards preempt the state claim. Who is right? Should it be?

FAIR Questions

  • Flexibility & Adaptability: In a world of rapid digital innovation, should manufacturers be shielded by federal regulatory compliance, or does tort liability provide essential accountability?
  • Imagination & Resilience: How would you design a system where federal regulation and state tort law work together to deter harm without freezing innovation?
  • Adaptability: When regulation and tort liability conflict, who decides which one governs, and how should companies structure their compliance strategies when the answer is unsettled?

Class 9 | Chapter 6 – Privity: A Historical Perspective & Modern Interpretation

BEFORE CLASS

PL W05C09 Class Meeting Outline

PL W05C09 Class Session Deck

Read: Chapter 6, pages 87–102

  • MacPherson v. Buick Motor Company
  • Henningsen v. Bloomfield Motors, Inc.

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss both cases and the evolution from the privity doctrine to modern products liability

DURING CLASS

  • Privity doctrine: historical development
  • MacPherson revolution: breaking the privity requirement
  • Henningsen: warranty disclaimers and consumer protection
  • Modern scope: who can sue whom?
  • Digital contexts: privity in platform liability, terms of service vs. warranties
  • Case discussion and managerial implications

DELIVERABLE

  • None

FAIR Lens: Week 5, Class 9 – Who Owes Responsibility to Whom?

Historical Perspective

In the early 20th century, if you bought a defective car from a dealer and were injured, you typically had no claim against the manufacturer, only against the dealer, because you had no contract with the manufacturer. MacPherson v. Buick changed that by allowing consumers to sue manufacturers directly. Now consider modern platforms: A user on a social media app is harmed by algorithmic amplification. The user has no traditional contract with the platform (they agreed to Terms of Service, but is that a “contract”?). Does the platform owe the user a duty similar to that owed by an automobile manufacturer?

FAIR Exploration

  • Imagination: In MacPherson’s time, a user could inspect an automobile firsthand. Can a user of a modern platform inspect and understand the algorithm that governs their experience?
  • Flexibility & Adaptability: How would you adapt the privity doctrine to digital platforms? Who counts as a “user” owed a duty?
  • Resilience & Responsibility: If manufacturers owe duties to remote consumers (following MacPherson), what does a platform owe to its users? To investors? To society?

Week 6: Causation & Evidentiary Standards

Class 10 | Chapter 7 – Negligence, Causation & Res Ipsa Loquitur (Part 1)

BEFORE CLASS

PL W06C10 Class Meeting Outline

PL W06C10 Class Session Deck

Read: Chapter 7, pages 103–112

  • Cordas v. Peerless Transportation Co.
  • Negligence elements
  • Palsgraf v. Long Island R.R. Co.
  • Res Ipsa Loquitur doctrine
  • Escola v. Coca-Cola Bottling Co.

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss the Palsgraf case (proximate cause), the Escola case (res ipsa and strict liability origins), and negligence elements

DURING CLASS

  • Negligence in products liability: duty, breach, causation, damages
  • Proximate cause and foreseeability
  • Res Ipsa Loquitur: circumstantial evidence of defect
  • Palsgraf case: proximate cause limits
  • Escola case: strict liability origins
  • Digital product angle: causation in algorithmic harms; res ipsa in opaque systems

DELIVERABLE

  • None

FAIR Lens: Week 6, Class 10 – Proving Negligence in Invisible Systems

Causation Puzzle

A user of a financial app makes poor investment decisions, resulting in significant losses. The user sues, claiming the app’s interface design negligently encouraged risky behavior. The app gave neutral recommendations; it didn’t tell the user to invest in risky assets. The app made aggressive investment options prominent. Did the app negligently cause harm, or did the user choose poorly?

FAIR Thinking

  • Imagination: How would Palsgraf’s “foreseeability” test apply to algorithmic systems?
  • Adaptability & Flexibility: Res ipsa loquitur assumes that if something goes wrong, we can infer negligence. Can we make that inference about a digital product?
  • Resilience: In contexts where causation is hard to prove, how should liability be allocated?
  • Adaptability: Who bears the burden of proving causation, the plaintiff or the defendant who has access to system logs? How should procedural doctrine adapt to correct the information asymmetry built into digital product litigation?

Class 11 | Chapter 7 – Causation & Section 328D (Part 2)

BEFORE CLASS

PL W06C11 Class Meeting Outline

PL W06C11 Class Session Deck

Read: Chapter 7, pages 112–116

  • Section 328D of Restatement
  • Causation analysis
  • Rescue cases, subsequent injury, contribution & indemnity

Be prepared to discuss Section 328D and multiple causation scenarios

DURING CLASS

  • But-for causation vs. proximate cause
  • Section 328D application
  • Multiple causation scenarios
  • Contribution and indemnification among defendants
  • Digital products: causation breakdown with AI/algorithmic systems

DELIVERABLE

  • Reflection Paper: “Privity, Negligence, & Digital Causation” (≅850 words)
    • Requirements: Reflect on how the MacPherson and Palsgraf cases transformed products liability. Apply the concept of “proximate cause” to a digital product or platform (e.g., does a social media platform proximately cause harms by algorithmic recommendation?). Discuss how the negligence doctrine and res ipsa loquitur might apply to opaque algorithmic systems where causation is difficult to prove. Consider how the FAIR Framework informs your thinking about responsibility and causation.
    • Submit via Canvas, due Friday before 9:47 p.m.

FAIR Lens: Week 6, Class 11 – Multiple Causes & Shared Responsibility

Causation Complexity

In a wrongful death case involving an autonomous vehicle, the crash resulted from: (1) the manufacturer’s algorithm design, (2) poor road conditions, (3) the pedestrian’s presence in a high-traffic zone, and (4) a mechanical failure of the vehicle’s brakes. Section 328D requires that the defect be a “substantial factor” in causing harm. But who caused the death, the manufacturer, the road authority, the pedestrian, or all of them?

FAIR Exploration

  • Flexibility & Imagination: How should causation doctrine allocate responsibility when multiple factors contribute to harm?
  • Adaptability: Section 328D was developed for simpler products. How should it apply to complex systems with many contributors?
  • Resilience & Adaptability: When causation is genuinely shared across multiple parties and systems, how can tort law fairly allocate responsibility and incentivize safety in distributed digital environments?

Week 7: Misrepresentation & Fraud

Class 12 | Chapter 8 – Misrepresentation & Fraud

BEFORE CLASS

PL W07C12 Class Meeting Outline

PL W07C12 Class Session Deck

Read: Chapter 8, pages 117–128

  • Bergeron v. Dupont
  • Differentiating Facts vs. Opinions
  • Vokes v. Arthur Murray, Inc.
  • Sellers v. Looper
  • Puckett Paving v. Carrier Leasing Corp.
  • Section 402B of Restatement

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss the Vokes case and how to distinguish facts from opinions in marketing

DURING CLASS

  • Misrepresentation vs. fraud
  • Facts vs. opinions: legal distinctions
  • Justifiable reliance
  • Marketing claims and algorithmic representations
  • FTC advertising standards
  • AI marketing claims: what can platforms claim about algorithms?

DELIVERABLE

  • Comparative analysis memo: “Negligence vs. Strict Liability in Digital Contexts” (≅1,000 words)
    • Requirements: Compare negligence theory (Chapter 7) with strict liability theory (Chapter 10, read ahead). Apply both frameworks to a digital product or platform. Which theory better allocates risk? Which better incentivizes manufacturers to make safe products? Consider proof problems: In a negligence claim, can a plaintiff prove the platform breached a duty? In a strict liability claim, can a plaintiff establish a “defect”? Discuss how FAIR principles of flexibility and adaptability guide your analysis.
    • Submit via Canvas, due before Friday at 10:12 p.m.

FAIR Lens: Week 7, Class 12 – Truth in Algorithmic Marketing

Scenario

A company markets an AI hiring algorithm as “bias-free” and “objective.” In fact, the algorithm has been trained on historical hiring data that reflects past discrimination, and it replicates those patterns. Is this misrepresentation? Fraud? Or just “puffery” (exaggerated marketing claims)? If a company is more honest, “Our algorithm identifies patterns in hiring data”, does it avoid liability?

FAIR Reflection

  • Imagination: What does truth require in the marketing of algorithmic systems? Can a company market AI as “objective” when all algorithms embed human choices? What would honest marketing of algorithmic capabilities look like, and what are the tradeoffs between aspirational marketing and transparency?
  • Ethical Reflection: The company in our scenario knew its algorithm had been trained on discriminatory historical data before marketing it as “bias-free.” What did they know, when did they know it, and what did they choose to claim? Now step out of the case: imagine you work in marketing for an AI company, you know the algorithm embeds human biases, and you’re under pressure to make confident claims to compete. Faced with that same pressure and knowledge, what would you have claimed, and what does your answer reveal about your commitment to truth-telling as a business leader?
  • Flexibility & Adaptability: How would you adapt the facts vs. opinions distinction to algorithmic claims?
  • Resilience: In a world where AI marketing often makes broad capability claims, how should companies protect against fraud liability while still marketing their products?

Week 8: Warranty Doctrine & UCC

Class 13 | Chapter 9 – Warranty Actions (Part 1)

BEFORE CLASS

PL W08C13 Class Meeting Outline

PL W08C13 Class Session Deck

Read: Chapter 9, pages 129–146

  • Types of Warranties
  • Express Warranty (UCC § 2-313)
  • Werner v. Montana
  • Implied Warranty of Merchantability (UCC § 2-314)
  • Implied Warranty of Fitness (UCC § 2-315)
  • Persons Protected / Third Party Beneficiaries
  • Klein v. Sears Roebuck and Co.

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss the Werner and Klein cases and the different types of warranties

DURING CLASS

  • Express warranties: creation, scope, liability
  • Implied warranties: merchantability & fitness for purpose
  • UCC § 2-313, 2-314, 2-315
  • Third-party beneficiaries
  • Digital product warranties: cloud services, SaaS, AI tools
  • Warranty disclaimers in terms of service

DELIVERABLE

  • None

FAIR Lens: Week 8, Class 13 – Warranties in Digital Contexts

Warranty Dilemma

A company sells AI software to businesses, claiming it “accurately identifies fraud with 98% confidence.” This is an express warranty. But “accuracy” is contextual; 98% correct is great for some applications and unacceptable for others. If a business buys software expecting fraud prevention and the algorithm misses a fraud case, has the company breached the warranty?

FAIR Questions

  • Adaptability & Imagination: How would you adapt express and implied warranties to digital products that are constantly updated?
  • Flexibility: Does the Magnuson-Moss Act apply to digital goods sold to businesses?
  • Resilience & Adaptability: In the face of rapid changes in digital products, how can companies give meaningful warranties, and what institutional practices allow them to honor those commitments as products evolve?

Class 14 | Chapter 9 – Warranty Actions (Part 2) & Limitations

BEFORE CLASS

PL W08C14 Class Meeting Outline

PL W08C14 Class Session Deck

Read: Chapter 9, pages 142–149

  • Limitations on Liability
  • UCC § 2-316: Exclusion/Modification of Warranties
  • UCC § 2-719: Contractual Modification of Remedy
  • Magnuson-Moss Warranty Act (Appendix 9.1)

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss warranty disclaimers and the enforceability of limitation of liability clauses

DURING CLASS

  • Warranty disclaimers and exclusions
  • UCC § 2-316 & § 2-719
  • Magnuson-Moss Act (federal warranty law)
  • Can tech companies opt out of liability via terms of service?
  • Consumer protection limits

DELIVERABLE

FAIR Lens: Week 8, Class 14 – Disclaimers & Consumer Protection

Enforceability Question

  • A software company’s Terms of Service include: “We disclaim all warranties, express or implied. We are not liable for any damages, including lost profits, personal injury, or data loss.” A user’s data is lost due to a software failure. The user sues; the company relies on the disclaimer. Is the disclaimer enforceable? Should it be? What does fairness require?

FAIR Exploration

  • Flexibility & Imagination: Design fair limits on warranty disclaimers in digital products.
  • Adaptability: How should Magnuson-Moss protections apply to digital goods and services?
  • Resilience: If companies can disclaim all liability, what incentive structure is created for safety investment? How can liability law be structured to incentivize corporate safety practices and meaningful accountability when companies can legally opt out of responsibility?
  • Ethical Reflection: When a company uses a legal right to disclaim all liability, when it can legally opt out but knows users cannot negotiate away that risk, what did the company’s legal team know about the fairness of that disclaimer, when did they know it, and what did they choose to enforce anyway? Now put yourself in that position as the legal counsel advising the company: would you recommend including it, what would you tell the company about the ethical risks, and what does your answer reveal about the kind of legal advisor you intend to be?

Week 9: Scope of Liability Across Transaction Types

Class 15 | Chapter 10 – Strict Liability in Tort

BEFORE CLASS

PL W09C15 Class Meeting Outline

PL W09C15 Class Session Deck

Read: Chapter 10, pages 155–164

  • Historical Development
  • Greenman v. Yuba Power Products, Inc.
  • Policies: Loss Spreading, Deterrence, Proof Problems, Consumer Expectations, Cost Internalization

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss the Greenman case and the policy rationales for strict liability

DURING CLASS

  • Strict liability in tort: foundational concept
  • Greenman case: landmark decision
  • Policy rationales underlying strict liability
  • Loss spreading vs. deterrence
  • Restatement (Third) shifts away from strict liability
  • Should strict liability apply to platforms/AI systems?
  • Digital context: Should algorithmic platforms be strictly liable?

DELIVERABLE

  • None

FAIR Lens: Week 9, Class 15 – Strict Liability’s Tradeoffs

Policy Debate

Greenman established strict liability because courts believed manufacturers should bear the cost of defective products, they’re best positioned to prevent harm, can spread the cost across consumers, and should be incentivized to design safely. Should AI companies be strictly liable for algorithmic harms? On the one hand, they have control over the algorithm. On the other hand, strict liability might discourage innovation.

FAIR Analysis

  • Flexibility & Imagination: Design your own liability framework for digital products.
  • Adaptability: How do Greenman’s rationales (loss-spreading, deterrence) apply to digital products?
  • Imagination & Resilience: If strict liability discourages AI innovation, is that a cost worth paying to protect consumers? Design a liability framework that preserves incentives to innovate while ensuring companies cannot externalize the cost of foreseeable harm onto users.

Class 16 | Chapter 11 – Scope of Liability (Part 1)

BEFORE CLASS

PL W09C16 Class Meeting Outline

PL W09C16 Class Session Deck

Read: Chapter 11, pages 165–182

  • Sales
  • Leases
  • Franchising (Kosters v. Seven-Up Company)
  • Publications (Cardozo v. True)
  • Used Products (Tillman v. Vance Equipment Company)

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss each category and the scope of PL liability across different transaction types

DURING CLASS

  • Sales context: manufacturers, distributors, retailers
  • Leases: lessors and lessees; liability allocation
  • Franchising: franchisor vs. franchisee liability
  • Publications: books, manuals, digital content
  • Used products: secondary markets, refurbishment
  • Digital goods as products/services/hybrids
  • Cloud services, SaaS, API transactions: where does PL doctrine apply?

DELIVERABLE

  • None

FAIR Lens: Week 9, Class 16 – Redefining “Product” for Digital Era

Boundary Question

Is a social media algorithm a “product”? Traditional products liability applies to tangible goods. A social media platform delivers services (hosting, curation, connection) using an algorithmic tool. The algorithm itself is neither sold nor owned by users; it’s embedded in the service. If the algorithm causes harm, should strict products liability apply?

FAIR Exploration

  • Imagination & Flexibility: How would you define “product” to encompass algorithmic systems?
  • Adaptability: If the same algorithm is sold as a standalone tool vs. embedded in a platform, should liability be different?
  • Adaptability & Resilience: Who should be liable when a digital product-service hybrid causes harm, and how should companies structure their offerings to manage liability exposure across the product-service boundary?

Week 10: Parties to the Transaction & Liability Allocation

Class 17 | Chapter 11 – Scope of Liability (Part 2)

BEFORE CLASS

PL W10C17 Class Meeting Outline

PL W10C17 Class Session Deck

Read: Chapter 11 continued

  • Real Estate Transactions (Kriegler v. Eichler Homes, Inc.)
  • Landlord-Tenant Cases
  • Services (pages 180–181)

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss how the scope doctrine applies to services and hybrid product-service transactions

DURING CLASS

  • Real property transactions and PL doctrine
  • Landlord-tenant liability
  • Services: When does PL apply to service providers?
  • Digital services as products liability cases
  • Hybrid transactions (product + service)

DELIVERABLE

  • None

FAIR Lens: Week 10, Class 17 – Services, Products & Gray Zones

Classification Dilemma

A cloud computing company provides infrastructure services. A customer’s data is lost due to the cloud provider’s failure to implement adequate backups. Is this a products liability case or a contract case? The service is not a product; it’s infrastructure. But the customer relied on the provider’s promised uptime and data protection. Where does PL doctrine apply? Where does contract law govern?

FAIR Thinking

  • Flexibility & Imagination: How should courts classify hybrid product-service transactions for liability purposes?
  • Adaptability: When does a “service” embed a “product” sufficiently to trigger PL liability?
  • Adaptability & Resilience: If a company provides both products and services, should it have different liability obligations for each, and how should legal doctrine adapt to address a commercial reality that did not exist when PL frameworks were built?

Class 18 | Chapter 12 – Parties to the Transaction (Part 1)

BEFORE CLASS

PL W10C18 Class Meeting Outline

PL W10C18 Class Session Deck

Read: Chapter 12, pages 183–194

  • Potential Plaintiffs
  • Potential Defendants
  • Retailers, Wholesalers, Distributors (Vandermark v. Ford Motor Company)
  • Thiele v. Chick
  • Used Product Sellers
  • Successor Corporations

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss each case and liability allocation among manufacturers, distributors, and retailers

DURING CLASS

  • Who can be sued: manufacturers, distributors, retailers, platforms
  • Retailer liability: When are retailers liable?
  • Distributor liability and indemnification
  • Successor corporations: acquiring liability in M&A
  • Digital distribution chains: who is the “manufacturer” of software/AI?
  • Platform liability: Is the platform a manufacturer, distributor, or service provider?

DELIVERABLE

  • Reflection Paper: “Scope of Liability in Digital Transactions” (≅850 words)
    • Requirements: Identify a digital transaction (e.g., cloud service, SaaS, API integration, platform service) and analyze whether PL doctrine applies. Is it a “sale” of a product, a lease, a service, or a hybrid? Where does traditional doctrine break down? Apply the Chapter 11 framework. Discuss how courts should categorize novel digital transactions. Reflect on how FAIR principles (flexibility, adaptability) should guide judicial interpretation.
    • Submit via Canvas, due Friday before 9:47 p.m.

FAIR Lens: Week 10, Class 18 – Responsibility in Complex Systems

Multi-Party Scenario

A social media company acquires an AI moderation tool from a startup. The moderation tool was trained on biased data and causes discriminatory harm. Content creators sue. Who is liable? The acquiring company? The startup? The data scientists who trained it? In modern digital products, responsibility is often distributed across many parties. How should liability be allocated?

FAIR Questions

  • Flexibility & Imagination: How would you reshape liability law to match modern technological reality, where responsibility is distributed?
  • Adaptability: Does the traditional successor liability framework work for AI tools acquired as components?
  • Resilience & Adaptability: When harm results from the interaction of many parties’ choices across a distributed digital supply chain, how should liability be allocated fairly, and how should legal doctrine adapt to match the reality of how modern products are built?

Week 11: Damages & Remedies

Class 19 | Chapter 12 – Parties (Part 2) & Special Roles

BEFORE CLASS

PL W11C19 Class Meeting Outline

PL W11C19 Class Session Deck

Read: Chapter 12 continued

  • Lessors, Bailors, Licensors, Franchisers
  • Employers
  • Services Providers
  • Builder-Vendors

Be prepared to discuss liability allocation among multiple parties in complex transaction structures

DURING CLASS

  • Lessors and licensors: liability allocation
  • Employer liability for product injuries
  • Services providers
  • Multi-party liability in digital ecosystems
  • Indemnification and apportionment

DELIVERABLE

  • None

FAIR Lens: Week 11, Class 19 – Indemnification & Risk Allocation

Contract Complexity

A technology company uses components from third-party vendors to build its product. A defect in a vendor’s component harms users. The tech company faces liability but has an indemnification agreement requiring the vendor to pay damages. But the vendor is small and insolvent. Who ultimately bears the loss? Should courts enforce indemnification clauses as written, or intervene to prevent unjust outcomes?

FAIR Exploration

  • Flexibility & Imagination: Design fair indemnification allocation among multiple parties.
  • Adaptability: How should indemnification work when the vendor company becomes insolvent?
  • Adaptability: Who should ultimately bear responsibility for harm caused by components in complex products, and how should the indemnification doctrine adapt when traditional corporate boundaries no longer reflect where the actual design and deployment decisions were made?

Class 20 | Chapter 13 – Theories of Damages (Part 1)

BEFORE CLASS

PL W11C20 Class Meeting Outline

PL W11C20 Class Session Deck

Read: Chapter 13, pages 195–207

  • Acosta v. Honda Motor Company, Ltd.
  • Fischer v. Johns-Manville Corporation
  • Compensatory Damages
  • Liquidated Damages
  • Nominal Damages

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss the Acosta and Fischer cases and different damage calculations

DURING CLASS

  • Compensatory damages: calculation and limits
  • Economic loss; personal injury; property damage
  • Liquidated damages (pre-agreed penalties)
  • Nominal damages (token recovery)
  • Lost profits in digital product defect cases
  • Damages available in algorithmic harm cases

DELIVERABLE

  • None

FAIR Lens: Week 11, Class 20 – Measuring Harm in Digital Contexts

Damages Dilemma

An algorithmic hiring tool discriminates against candidates, preventing qualified people from getting jobs. How much can they recover? Compensatory damages cover lost wages and emotional distress, but quantifying future lost wages is difficult when the counterfactual (what would have happened without the algorithm) is uncertain. Should punitive damages apply to discourage discrimination?

FAIR Reflection

  • Imagination & Flexibility: Propose a framework for damages in digital harms.
  • Adaptability: How do you calculate harm from algorithmic discrimination?
  • Resilience & Adaptability: How can damages law fairly allocate responsibility while incentivizing safety, and how should damages frameworks adapt when the harm is algorithmic, statistical, and dispersed across populations rather than concentrated in a single plaintiff?

Week 12: Defenses & Risk Allocation

Class 21 | Chapter 13 – Theories of Damages (Part 2)

BEFORE CLASS

PL W12C21 Class Meeting Outline

PL W12C21 Class Session Deck

Read: Chapter 13, pages 207–213

  • Pain and Suffering / Emotional Distress (Gnirk v. Ford Motor Company)
  • Punitive Damages

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss how pain and suffering damages are calculated and when they apply

DURING CLASS

  • Pain and suffering: scope and limits
  • Emotional distress damages
  • “Add-on” damages
  • Punitive damages overview
  • Digital product harms: what damages are available?

DELIVERABLE

  • None

FAIR Lens: Week 12, Class 21 – Proportionality & Deterrence

Damages Scenario

An algorithm causes small harms to millions of users, say, $10 of financial loss per user due to algorithmic price discrimination. Total harm is $10 million, but each user is unlikely to sue individually. Should the company face $10 million in liability? If the company knows small-scale, dispersed harms won’t generate liability, what incentive does it have to prevent them?

FAIR Questions

  • Imagination: Propose a damages theory that would deter small-scale, widely dispersed harms.
  • Flexibility & Adaptability: How should damage frameworks adapt to digital economies where harm is often spread across many users?
  • Imagination & Resilience: What combination of individual liability, class actions, and regulatory fines would appropriately deter harmful algorithms?
  • Integrity: In Acosta v. Honda, reckless indifference to documented harm was sufficient to support punitive damages. Apply that standard here: if a company’s internal data shows its algorithm causes disproportionate harm to a protected class, and the company continues deploying it without correction, what did they know, when did they know it, and what did they choose to do with that knowledge? Is that reckless indifference, and should it trigger punitive exposure?

Class 22 | Chapter 14 – Defenses to Product Liability Suits (Part 1)

BEFORE CLASS

PL W12C22 Class Meeting Outline

PL W12C22 Class Session Deck

Read: Chapter 14, pages 215–226

  • Contributory Negligence (McCown v. International Harvester Co.)
  • Assumption of Risk (Heil Co. v. Grant)
  • Misuse (Perfection Paint & Color v. Konduris)

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss each case and how defenses shift liability from manufacturer to plaintiff

DURING CLASS

  • Contributory negligence: plaintiff’s conduct
  • Assumption of risk: express and implied
  • Product misuse: foreseeable vs. unforeseeable misuse
  • Comparative negligence framework
  • Digital product contexts: user misuse, assumption of risk in algorithmic systems
  • Can users “assume risk” of algorithmic bias?

DELIVERABLE

  • Damages Analysis memo: “Compensatory & Punitive Damages in Digital Product Cases” (≅1,000 words)
    • Requirements: Analyze a real or hypothetical injury caused by a defective digital product or platform (e.g., financial loss from algorithmic discrimination, emotional distress from privacy breach, personal injury from unsafe IoT device). Calculate available damages under Chapter 13: compensatory (economic loss, personal injury, property damage), nominal, and punitive damages. Discuss which damages are appropriate for digital harms. Address challenges in quantifying emotional distress or reputational harm. Should punitive damages apply to platforms? Discuss FAIR principles about proportional responsibility.
    • Submit via Canvas, due before Friday at 10:12 p.m.

FAIR Lens: Week 12, Class 22 – Shifting Responsibility to Users

Defense Strategy

When a manufacturer raises a “misuse” or “assumption of risk” defense, it argues that the plaintiff, not the manufacturer, bears responsibility for harm. In what contexts is it fair to shift responsibility? When was the user’s conduct unforeseeable? When did the user have a clear warning? When did the user explicitly agree to risk-taking? In digital products, where algorithms are opaque, and users have limited alternatives, is it ever fair to shift responsibility?

FAIR Questions

  • Flexibility & Imagination: Design criteria for when assumption of risk and misuse defenses are fair in digital contexts.
  • Flexibility: What factors should determine whether responsibility lies with the manufacturer or the user,  and how should those factors flex when the product is algorithmic, the user’s choices were constrained by design, and the company controlled the information environment?

Week 13: Defenses & Risk Allocation

Class 23 | Chapter 14 – Defenses (Part 2) & Comparative Negligence

BEFORE CLASS

PL W13C23 Class Meeting Outline

PL W13C23 Class Session Deck

Read: Chapter 14, pages 226–234

  • Comparative Negligence (Daly v. General Motors Corporation)

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss comparative negligence and how fault is apportioned among multiple parties

DURING CLASS

  • Comparative negligence: modern approach
  • Allocation of fault between plaintiff and defendant
  • Multiple defendants and fault apportionment
  • Defenses in digital product cases
  • How do traditional defenses apply to platform liability?

DELIVERABLE

  • None

FAIR Lens: Week 13, Class 23 – Shared Responsibility in Digital Systems

Comparative Fault Scenario

A user falls victim to a cryptocurrency scam facilitated by the exchange’s platform. The exchange’s design made it easy to send money to external wallets without verification (platform fault). The user also ignored warning signs and didn’t use available security features (user fault). Under comparative negligence, both share responsibility. But how much to each? 50/50? 70/30? Should platform design be held to a higher standard because the company profits from and controls the system?

FAIR Reflection

  • Flexibility & Imagination: Propose a comparative negligence framework for digital products that fairly accounts for power imbalances between platforms and users.
  • Adaptability & Resilience: How should liability be allocated to incentivize both platform safety and user awareness?
  • Adaptability: Who should have greater responsibility, the entity that controls the system or the individual using it? How should comparative negligence doctrine adapt when the power asymmetry between a platform and a user makes true “comparative” fault a fiction?

Week 14: Emerging Issues & Frontier Questions

Class 24 | Chapter 15 – Special Topics & Recent Developments

BEFORE CLASS

PL W14C24 Class Meeting Outline

PL W14C24 Class Session Deck

Read: Chapter 15, pages 235–240

  • Enterprise Liability Doctrine
  • Burnside v. Abbott Laboratories
  • Alternative Liability
  • Market Share Liability
  • Sindell v. Abbott Laboratories
  • George v. Parke-Davis

Listen/read the following Products Liability: A Managerial Perspective episodes in sufficient depth so that you can participate in an informed discussion during class.

Podcast transcripts: [Download PDF]

Be prepared to discuss how doctrine evolves when traditional causation breaks down, and multiple defendants are involved

DURING CLASS

  • Enterprise liability: collective responsibility
  • Alternative liability: when causation is uncertain
  • Market share liability: Sindell doctrine
  • When traditional causation breaks down
  • Digital product parallels: algorithmic causation, attribution problems
  • Sindell applied to AI harms: Can we use the market share doctrine when multiple AI systems contribute to harm?
  • K.G.M. v. Meta (March 2026) as a capstone case: the jury found Meta and Google negligent both in the design and operation of Instagram and YouTube and in failing to warn, without ever being asked whether a platform is a “product” under PL doctrine, a question the trial judge had already answered in the negative at the pleading stage. As a hypothetical extension, how would infinite scroll and algorithmic recommendations fare as design features under the Risk-Utility and Consumer Expectations tests? Parallels to Liebeck v. McDonald’s (Week 4) on weighing the cost of safer design. How negligence liability can reach engagement-optimized design choices even as courts continue to divide on the harder products-liability classification question.

DELIVERABLE

  • PL Project Phase 3 – Final WordPress Portfolio (Due Sunday before 11:32 p.m.)
    • Note: Phase 3 is your most complete, coherent analysis combining all preliminary work into a final multimedia WordPress portfolio. See Deliverables for full specifications.

FAIR Lens: Week 14, Class 24 – Causation When Many Contributed

Market Share Scenario

Multiple social media algorithms amplify polarizing content and contribute to radicalization. A person radicalized online commits violence. Can the injured parties sue under market share liability, holding each platform liable for its share of the harm? Should they? What are the tradeoffs? Now anchor this hypothetical in a real verdict: In K.G.M. v. Meta (March 2026), a jury found Meta and Google negligent in the design and operation of Instagram and YouTube, and negligent in failing to warn. The jury was never asked whether either platform had a products-liability design defect. Consider whether the case was, at bottom, an Integrity case: what does the trial record show each company knew, and when?

FAIR Exploration

  • Adaptability & Imagination: When harm emerges from the interaction of many platforms, who should bear responsibility, and can market share doctrine adapt to assign proportional liability across an AI industry where individual causation cannot be traced?
  • Integrity: The complaint in Sindell alleged that the DES manufacturers knew or should have known the drug was carcinogenic and ineffective to prevent miscarriage, failed to test it for efficacy and safety, and kept marketing it as a miscarriage preventative anyway. What did they know, when did they know it, and what did they choose to do with that knowledge? As a future manager, what does this tell you about the relationship between what a company knows, what it chooses to do, and legal accountability?

Class 25 | Chapter 15 – Frontier Questions in AI Liability

PL W14C25 Class Meeting Outline

PL W14C25 Class Session Deck

DURING CLASS

  • Core question: How should PL doctrine adapt to AI, algorithms, and digital products?
  • Challenges to traditional doctrine: Defining “product,” “defect,” “manufacturer,” causation, and warnings
  • Case studies: Autonomous vehicles, hiring algorithms, deepfakes, content moderation
  • Discussion: Does PL doctrine need to expand, or should new frameworks replace PL?
  • Perspective from your PL Project: How do frontier questions apply to your digital product?

DELIVERABLE

FAIR Lens: Week 14, Class 25 – Integration & Looking Forward

Final Reflection

The course began with basic doctrine (what is a product? what is a defect?) and evolved to frontier questions (how should AI systems be governed? who is responsible for algorithmic harms?). Throughout, the FAIR Framework has been present: asking you to be flexible in applying old doctrine to new contexts, adaptable in your thinking, imaginative in envisioning solutions, and resilient in managing uncertainty, all grounded in Integrity, which asks not just what you can do, but whether you should.

Final FAIR Questions for Integration

  • Flexibility: What are the core principles of products liability that should never change? What principles should flex?
  • Adaptability: How have your views on manufacturer responsibility evolved over 14 weeks?
  • Imagination: If you were to propose a single change to PL doctrine to govern digital products better, what would it be?
  • Resilience: As a future business leader, how will you apply these lessons to make decisions about product safety, legal compliance, and ethical responsibility?
  • Integrity: Looking back across the course, from Spruill to Liebeck to Sindell, what is the common thread in every case where a manufacturer faced the harshest consequences? What did those companies know, what did they choose, and what does that pattern tell you about the kind of leader you intend to be?

Week 15: Presentations

Class 26 | PL Project Presentations – Part 1

DURING CLASS

  • Team Presentations & Defenses (Part 1)
  • 15–20 minutes per team
  • 2–3 min intro + 8–10 min core argument + 2–3 min multimedia walkthrough + 5–10 min Q&A
  • Peer questions and instructor feedback

Class 27 | PL Project Presentations – Part 2

DURING CLASS

  • Team Presentations & Defenses (Part 2)
  • 15–20 minutes per team
  • 2–3 min intro + 8–10 min core argument + 2–3 min multimedia walkthrough + 5–10 min Q&A
  • Peer questions and instructor feedback

Week 16: Course Wrap

Class 28 | Course Synthesis

DURING CLASS

  • Course Synthesis Discussion
  • Doctrinal integration: from MacPherson to modern digital contexts
  • Managerial lessons: how PL doctrine shapes business decisions
  • FAIR Framework reflection: Flexibility, Adaptability, Imagination, Resilience, and Integrity, the governing ethical standard that asks not just what a manager can do, but whether they should
  • Future of products liability in the digital economy
  • Emerging frontiers: AI liability, platform governance, algorithmic transparency

LFB: Schedule

Before Week 1 (Due Before January 12th)

Complete this deliverable by visiting the Before We Begin page at ShannonWeb. These deliverables must be completed even if you join the course after the first day of class.

Week 1, Class 1

Before Class (Wednesday):
During Class (Wednesday):
  • Introduction to the course
  • Review current events

Week 2, Class 2

Before Class (Wednesday):

During Class (Wednesday):

  • Overview of Generative AI, Prompt Engineering, Ethics, and Use of Generative AI
Deliverable(s):

Week 3, Classes 3 & 4

Before Class:
  • Read and prepare the cases and materials in Chapter 1, Law and Legal Reasoning, which establishes a foundation by introducing key terminology and concepts students will use throughout the course. The following objectives are addressed in this chapter: Identify the areas of law that affect business decision-making, identify the sources of American law, describe the common law tradition of the American legal system, compare various schools of legal thought, explain how laws can be classified, identify primary sources of law, and describe methods for researching the law.
  • Read and prepare the cases and materials in Chapter 3, Ethics in Business, which examines the relationship between law and ethics. It presents issues in determining businesses’ ethical responsibilities and provides students with a framework for analyzing and making ethical decisions. The following objectives are addressed in this chapter: Explain the relationship between law and ethics, describe various ethical principles and philosophies, identify sources of ethical issues in business decision-making, apply the IDDR framework to make an ethical business decision, and explain how business ethics vary based on geographic location worldwide.
During Class:
  • Discuss the cases and materials in Chapter 1, Law and Legal Reasoning, and Chapter 3, Ethics in Business
  • Review current events
Deliverable(s):
  • Please continue working on your Success Plan and Ideas Essay.
  • The W3 Quiz covers the information in Chapters 1 and 3. It will be available in Canvas > Modules > Chapter Quizzes on Friday, January 31st, at 8 a.m. ET and will close on Saturday, February 1st, at 8 a.m. ET.

Weeks 4 & 5, Classes 5, 6, 7, & 8

Before Class:
  • Read and prepare the cases and materials in Chapter 2, Business and the Constitution, which introduces students to constitutional law and helps them develop a rudimentary understanding of the government’s right to establish laws, regulations, and rules, when and how government actions can violate citizens’ rights, and what if anything, is unique to businesses. The following objectives are addressed in this chapter: identify the constitutional powers of the government, describe how the Bill of Rights impacts business operations, explain individuals’ rights to due process and equal protection, and identify statutory and constitutional rights to privacy.
  • Read and prepare the cases and materials in Chapter 23, Administrative Agencies, which examines the role and powers of administrative agencies. The following objectives are addressed in this chapter: explain the practical significance of administrative agencies, describe the powers held by administrative agencies, describe the process and procedures that administrative agencies must follow to carry out their tasks, explain judicial deference to an agency’s decision, and list ways government agencies can be held publicly accountable.
  • Listen to the Civic Stories: Breaking Down the Constitution podcast episodes.

  • Listen to the Regulation Nation: Understanding the Administrative State podcast episodes.

During Class:
Deliverable(s):
  • Success Plan due Sunday Before 9:18p
  • The W5 quiz covers the information in Chapters 2 and 23. It will be available on Friday, February 14th, at 8 a.m. ET and will close on Saturday, February 15th, at 8 a.m. ET.

 Week 6, Class 9

Before Class:
  • Read and prepare the cases and materials in Chapter 4, Courts and Alternative Dispute Resolution, which provides students with the structural framework for the United States Government, including examining the powers given to each branch via the U.S. Constitution. The chapter also covers alternatives to litigation, such as negotiation, mediation, and arbitration. This chapter addresses the following objectives: explain the judiciary’s role in government, describe the basic requirements to bring a lawsuit, identify the differences between state and federal court systems, describe methods of alternative dispute resolution, and compare domestic and international dispute resolution methods.
During Class:
  • Discuss the cases and materials in Chapter 4, Courts and Alternative Dispute Resolution
  • Review current events
Deliverable(s):

Week 6, Class 10

Before Class:
  • Read and prepare the cases and materials in Chapter 12, Formation of Traditional and E-Contracts, introducing students to contract formation, performance, and enforceability terms.
During Class:
  • Discuss the cases and materials in Chapter 12, Formation of Traditional and E-Contracts, which introduces students to contract formation, performance, and enforceability terms. The following objectives are addressed in this chapter: understand the fundamental concepts of contract law and explain the agreement process from offer through acceptance and termination, compare electronic contracts with paper contracts, list the requirements for valid consideration, identify who has contractual capacity and when a person may enforce contracts without capacity, identify when a contract is illegal and distinguish between void and voidable, list the types of contracts that require writing, distinguish between assignments and delegations and identify the associated rights and duties.
  • Review current events
Deliverable(s):

Week 7, Classes 11 & 12

Before Class:
  • Read and prepare the cases and materials in Chapter 13. Contract Performance, Breach, and Remedies explores the various ways contracts are performed and discharged and the remedies that will be available in the event of a breach. The following objectives are addressed in this chapter: determine whether contracts are unenforceable due to lack of voluntary consent, determine whether a contract has been discharged by performance, agreement, or by operation of law, distinguish between the damages for a breach of contract action, compare the various equitable remedies and when they should be used, describe how damages may be limited through contract provisions.
During Class:
  • Discuss the cases and materials in Chapter 13. Contract Performance, Breach, and Remedies
  • Review current events
Deliverable(s):
  • The W7 quiz covers the information in Chapters 12 and 13. It will be available on Friday, February 28th, at 8 a.m. ET and will close on Saturday, March 1st, at 8 a.m. ET.

Week 8, Spring Break | No Classes

Deliverable(s):
  • TID is available on Saturday at 1p

Week 9, Classes 13 & 14

Before Class:

  • Read and prepare the cases and materials in Chapter 19, Agency Relationships, which introduces the concept of agency, explains how agencies are formed and explores the duties owed by agents and principals to each other. The chapter further reviews liability in an agency relationship for both torts and contracts. Finally, it examines ways in which an agency relationship can be terminated. The following objectives are addressed in this chapter: compare employer-employee and employer–independent contractor relationships; describe how agency relationships can be formed; explain agents’ and principals’ duties, rights, and remedies; distinguish between express, implied, and apparent authority and ratification; describe the liability for contracts formed by agents; compare ways to terminate an agency relationship.
During Class:
  • Discuss the cases and materials in Chapter 19, Agency Relationships
  • Review current events

Week 10, Classes 15 & 16

Before Class:
  • Read and prepare the cases and materials in Chapter 16. Small Businesses and Franchises explores entrepreneurial business forms. First, it examines the benefits and drawbacks of sole proprietorships. Finally, the chapter covers the basic concepts of partnerships and how they are formed and terminated. This chapter addresses the following objectives: describe the general considerations for small businesses, list the advantages and disadvantages of sole proprietorship businesses, and explain the formation and termination of partnerships.
During Class:
  • Discuss the cases and materials in Chapter 16. Small Businesses and Franchises
  • Review current events

Deliverable(s):

  • TID Initial Response due Saturday Before 11p
  • The W10 quiz covers the information in Chapters 16 and 19. It will be available on Friday, March 21st, at 8 a.m. ET and will close on Saturday, March 22nd, at 8 a.m. ET.

Week 11, Classes 17 & 18

Before Class:
  • Read and prepare the cases and materials in Chapter 17, Limited Liability Business Forms, examines the nature and protections of a limited liability company, compares its management options, discusses its termination process, and distinguishes between the various types of partnerships.
During Class:
  • Discuss the cases and materials in Chapter 17, Limited Liability Business Forms
  • Review current events

Week 12, Classes 19 & 20

Before Class:
  • Read and prepare the cases and materials in Chapter 18, Corporations, which explores the formation of a corporation and the duties of its directors, officers, and shareholders. The following objectives are addressed in this chapter: distinguish between the various types of corporations, describe the process of incorporation and the powers it confers, explain when a court can pierce the corporate veil, describe the role, duties, and liabilities of directors and officers in a corporation, identify the rights, duties, and liabilities of shareholders in a corporation, compare the primary business forms regarding creation and termination processes, management structures, and liability.
During Class:
  • Discuss the cases and materials in Chapter 18, Corporations
  • Review current events
Deliverable(s):
  • TID Critique due Saturday before 11 p.m.
  • The W12 quiz covers the information in Chapters 17 and 18. It will be available on Friday, April 4th, at 8 a.m. ET and will close on Saturday, April 5th, at 8 a.m. ET.

Week 13, Classes 21 & 22

Before Class:
  • Read and prepare the cases and materials in Chapter 20, Employment Law, which explores the numerous statutes and administrative agency regulations governing the workplace. (Note that the distinction made under agency law between employee and independent contractor status is essential here. The employment laws discussed in the text apply only to the employer-employee relationship; they do not apply to independent contractors). The following objectives are addressed in this chapter: define employment at will, describe laws related to wages, hours, and layoffs, list the duties and obligations of employers under the Family and Medical Leave Act (FMLA), describe the provisions of the occupational safety and health act (OSHA) and identify the privacy rights of employees.
  • Read and prepare to discuss “The Civil Rights Act of 1964: Beyond Race to Employment Discrimination Based on Sex: The ‘Three Letter Word’ That Has Continued to Vex Society and The United States Supreme Court” by Shannon and Hunter.
During Class:
  • Discuss the cases and materials in Chapter 20, Employment Law
  • Review current events

Week 14, Classes 23 & 24

Before Class:
During Class:
  • Discuss the cases and materials in Chapter 21, Employment Discrimination
  • Review current events

Week 15, Class 26

Monday: No Class | Easter Monday
Before Class (Wednesday):
  • Read and prepare the cases and materials in Chapter 8. Intellectual Property Rights introduces students to intellectual property through patents, trademarks, copyrights, and trade secrets. Students will also learn about the federal and international protections provided to various types of intellectual property through statutes and treaties. The following objectives are addressed in this chapter: explain how trademarks protect intellectual property and how infringement is determined; explain how patent law protects intellectual property and determines infringement; explain how copyright law protects intellectual property and determines infringement; describe how trade secrets differ from other types of intellectual property, identify and describe the provisions of the various international agreements related to intellectual property.
During Class (Wednesday):
  • Discuss the cases and materials in Chapter 8. Intellectual Property Rights
  • Review current events

Deliverable(s):

  • The W15 quiz covers the information in Chapters 20 and 21. It will be available on Friday, April 25th, at 8 a.m. ET and will close on Saturday, April  26th, at 8 a.m. ET.

Week 16, Classes 27 & 28

Before Class:
  • Conclude our discussion of the cases and materials in Chapter 8. Intellectual Property Rights
  • Read and prepare the cases and materials in Chapter 9, Internet Law, Social Media, and Privacy, which explores how intellectual property rights apply online and covers how other types of law (such as contract and constitutional law) relate to online environments. The following objectives are addressed in this chapter: describe the regulations that apply to various torts in an online environment, compare threats to intellectual property infringement online instead of in the physical world, explain how information on social media can be accessed and used during investigations and litigation, describe internet service providers’ role in litigating online defamation, identify other torts that arise from online conduct, analyze when a user has a reasonable expectation of privacy online.
  • Read and prepare to discuss
During Class:
  • Discuss the cases and materials in Chapter 9, Internet Law, Social Media, and Privacy
  • Review current events
Deliverable(s):
  • Success Assessment due Sunday Before 4:23a
  • The W16 quiz covers the information in Chapters 8 and 9. It will be available on Friday, May 2nd, at 8 a.m. ET and will close on Saturday, May 3rd, at 8 a.m. ET.

Week 17, Class 29

Deliverable(s):
  • Course Wrap
  • Discuss the Final Exam. The final exam will be a writing assignment requiring each student to define, interpret, and analyze a topic or topics related to the course materials. Details TBA

AT: Schedule

Before Week 1 (before January 14th)

Complete this deliverable by visiting Before We Begin. These deliverables must be completed even if you join the course after the first day of class.

Week 1, Class 1 | Introduction To The Course

Before Class (Wednesday):
During Class (Wednesday):
  • Introduction to the course
  • Review current events

Week 2, Class 2 | AT Projects

During Class (Wednesday):
  • Discuss AT Project requirements

Week 3, Classes 3 & 4 | Prompt Engineering, Adobe Express & WordPress

Before Class (Monday)
Review the following in sufficient depth that you can participate in an informed discussion
During Class (Monday)
  • Overview of Generative AI, Prompt Engineering, Ethics, and Use of Generative AI
Before Class (Wednesday):
During Class (Wednesday):

Week 4, Class 5 | Judicial Power and the Role of the Supreme Court

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Civic Stories: Breaking Down the Constitution | Episode 1: The Constitution’s Big Picture (transcript)

  • Supreme Court (Wikipedia)
  • Judicial Review (Wikipedia)
  • Marbury v. Madison (1803) Oyez | Wikipedia: Establishing judicial review
  • Cooper v. Aaron (1958) (Justia | Wikipedia): Reinforcing the supremacy of the Court’s decisions
  • Martin v. Hunter’s Lessee (1816) Oyez | Wikipedia: Supreme Court asserted its authority to review decisions of state courts involving federal law, reinforcing federal supremacy
  • Cohens v. Virginia (1821) Oyez | Wikipedia): Court extended its power to review criminal cases from state courts, strengthening federal judicial power
  • Worcester v. Georgia (1832) Oyez | Wikipedia: President Andrew Jackson allegedly defied the Court’s ruling, refusing to enforce protections for Cherokee lands
During Class
  • Discuss
    • The Supreme Court’s creation, structure, and constitutional foundations
    • The establishment of judicial review and the Court’s role in maintaining the balance of power in the federal government
    • The evolution of the Court’s authority and legitimacy in the American constitutional system, judicial review, separation of powers, and the Court’s role in the constitutional system
  • Review current events
Deliverable(s):
  • ATP Phase 1 Due Before Sunday at 10:42p

Week 4, Class 6 | Theories of Constitutional Interpretation

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Civic Stories: Breaking Down the Constitution | Episode 1: The Constitution’s Big Picture (transcript)

  • Originalism: Interpreting the Constitution as understood at the time of enactment
  • Living Constitution: Adapting the Constitution to contemporary societal needs
  • Textualism: Focusing on the plain meaning of the Constitution’s text
  • Structuralism: Deriving principles from the structure and relationships within the Constitution
  • District of Columbia v. Heller (2008) Oyez | Wikipedia: Originalism vs. Living Constitution
  • New York State Rifle & Pistol Association v. Bruen (2022) Justia | Wikipedia: Originalism vs. Living Constitution
During Class
  • Discuss competing approaches to understanding and applying the Constitution
  • Review current events
Deliverable(s):
  • Prompt Engineering Exercise Due Before Saturday at 8:41p

Week 5, Class 7 | Federalism and States’ Rights

Review the following in sufficient depth that you can participate in an informed discussion
  • Civic Stories: Breaking Down the Constitution | Episode 2: The Supremacy Clause and Preemption (transcript)

  • Federalism (Wikipedia)
  • McCulloch v. Maryland (1819) Justia | Wikipedia: Federal supremacy and implied powers
  • Gibbons v. Ogden (1824) Justia | Wikipedia: Federal control over interstate commerce
  • United States v. Lopez (1995) Justia | Wikipedia: Limits on federal power under the Commerce Clause
During Class
    • Discuss the balance of power between federal and state governments
    • Review current events
Deliverable(s)
  • Case Simulation #1 Materials Available Before Sunday at 1p
  • Case Simulation #1, Phase 1 Memo Due Before Friday at 11a; Submit Using Teams DM

Week 5, Class 8 | Commerce Clause and Economic Regulation

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Civic Stories: Breaking Down the Constitution | Episode 3: The Commerce Clause and Contracts Clause (transcript)

  • Article 1, Section 8 Commerce Clause (Wikipedia)
  • Wickard v. Filburn (1942) Justia | Wikipedia: Broad federal authority under the Commerce Clause
  • Heart of Atlanta Motel v. United States (1964) Justia | Wikipedia: Commerce power and civil rights
  • National Federation of Independent Business v. Sebelius (2012) Justia | Wikipedia: Federal power in regulating commerce and healthcare
During Class
    • Discuss the Commerce Clause and Economic Regulation
    • Review current events

Week 6, Classes 9 & 10 | Case Simulation

During Class
Case Simulation #1
  • Monday: Phase 1, discuss case simulation memos
  • Wednesday: Phase 2, team Q&A

Week 7, Class 11 | Civil Rights and Discrimination

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Civil And Political Rights (Wikipedia)
  • History Of Civil Rights In The United States (Wikipedia)
  • Civil Rights Acts (United States) (1866-pres) (Wikipedia)
  • Gender Inequality In The United States (Wikipedia)
  • Dred Scott v. Sandford (1857) Justia | Wikipedia: African Americans were not US citizens and had no constitutional rights, effectively protecting slavery
  • Cooper v. Aaron (1958) Justia | Wikipedia: Reaffirmed that states must comply with Supreme Court decisions on civil rights and cannot nullify federal court orders
  • Loving v. Virginia (1967) Justia | Wikipedia: Struck down laws banning interracial marriage as unconstitutional
During Class
  • Discuss racial equality, gender equality, and protections against discrimination.
  • Review current events
Deliverable(s)
  • ATP Phase 2 Due Before Monday at 1:12a

Week 7, Class 12 | Voting Rights and Representation

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Reynolds v. Sims (1964) Justia | Wikipedia: “One person, one vote”
  • Shelby County v. Holder (2013) Justia | Wikipedia: Rollback of the Voting Rights Act
  • Rucho v. Common Cause (2019) Justia | Wikipedia: Partisan gerrymandering and judicial limits
During Class
  • Discuss equal representation, disenfranchisement, and gerrymandering.
  • Review current events

Week 8, No Classes | Spring Break

Week 9, Class 13 | The First Amendment: Free Speech, Religion, and the Press

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Civic Stories: Breaking Down the Constitution | Episode 4: The First Amendment Freedoms (transcript)

During Class
  • Discuss Protections For Speech, Religious Freedoms, And Press Rights.
  • Review current events

Week 9, Class 14 | Equal Protection Under the Fourteenth Amendment

Before Class
Review the following in sufficient depth so that you can participate in an informed discussion
  • Civic Stories: Breaking Down the Constitution | Episode 7: The Fourteenth Amendment—Equal Protection and Due Process (transcript)

  • Plessy v. Ferguson (1896) Justia | Wikipedia: Established the “separate but equal” doctrine, legitimizing racial segregation for nearly 60 years
  • Brown v. Board of Education (1954) Justia | Wikipedia: Equal educational opportunity
  • Romer v. Evans (1996) Justia | Wikipedia: Protections against discrimination based on sexual orientation
  • Students for Fair Admissions v. Harvard (2023) Justia | Wikipedia: Race-conscious admissions policies
During Class
  • Discuss Expanding Rights And Protections Through The Equal Protection Clause.
  • Review current events

Week 10, Classes 15 & 16 | Due Process and Substantive Rights

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Griswold v. Connecticut (1965) Justia | Wikipedia: Right to privacy in marital contraception
  • Roe v. Wade (1973) Justia | Wikipedia: Reproductive rights (and subsequent challenges)
  • Obergefell v. Hodges (2015) Justia | Wikipedia: Marriage equality for same-sex couples
During Class
  • Discuss privacy, liberty, and the extension of constitutional protections.
  • Review current events
Deliverable(s)
  • Case Simulation #2 Materials Available Before Sunday at 1p
  • Case Simulation #2, Phase 1 Memo Due Before Thursday at 11p; Submit Using Teams DM

Week 11, Classes 17 & 18 | Case Simulation

During Class
Case Simulation #2
  • Monday: Phase 1, discuss case simulation memos
  • Wednesday: Phase 2, team Q&A

Week 12, Class 19 | Criminal Procedure and the Rights of the Accused

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Miranda v. Arizona (1966) Justia | Wikipedia: Right to remain silent and police procedure
  • Gideon v. Wainwright (1963) Justia | Wikipedia: Right to counsel in criminal trials
  • Mapp v. Ohio (1961) Justia | Wikipedia: Exclusionary rule and Fourth Amendment protections
During Class
  • Discuss expanding protections for defendants under the Fourth, Fifth, and Sixth Amendments.
  • Review current events

Deliverable(s)

  • ATP Phase 3 Due Before Sunday at 3:49p

Week 12, Class 20 | Executive Power and Separation of Powers

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Unitary Executive | Wikipedia
  • Youngstown Sheet & Tube Co. v. Sawyer (1952) Justia | Wikipedia: Limiting executive authority
  • United States v. Nixon (1974) Justia | Wikipedia: Executive privilege and accountability
  • Boumediene v. Bush (2008) Justia | Wikipedia: Habeas corpus rights for detainees
  • Trump v. United States (2024) Justia | Wikipedia: Presidential immunity
During Class
  • Discuss presidential authority, checks and balances, and wartime powers.
  • Review current events

Week 13, Classes 21 & 22 | Civil Liberties in Times of Crisis

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Korematsu v. United States (1944) Justia | Wikipedia: Internment of Japanese Americans
  • Hamdi v. Rumsfeld (2004) Justia | Wikipedia: Detention of enemy combatants
  • Trump v. Hawaii (2018) Justia | Wikipedia: Travel bans and executive authority
During Class
  • Discuss balancing national security and individual rights.
  • Review current events

Week 14, Classes 23 & 24 | The Supreme Court’s Legacy and Contemporary Issues

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Civic Stories: Breaking Down the Constitution | Episode 8: The First Fifteen Amendments—Building the Framework of Rights (transcript)

During Class
  • Discuss evolving interpretations of the Constitution and modern challenges.
  • Review current events
Deliverable(s)
  • Final ATPs due before Sunday at 4:47a

Week 15, Class 26

Monday: No Class, Easter Monday

Before Class (Wednesday)
Review the following in sufficient depth that you can participate in an informed discussion
  • TBD
During Class (Wednesday)
  • Discuss TBD
  • Review current events

Week 16, Classes 27 & 28

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • AT Projects Discussions
During Class
  • Each AT Project Team will select a Monday and Wednesday session Team Lead; the Teams Leads will facilitate their respective discussion session.
  • Review current events

Week 17, Class 29

Course Wrap

AT: Deliverables

You are responsible for completing the following deliverables this semester.

Engagement

Success in this course will require you to do more than appear in class twice weekly and answer an occasional question. All of my students will be prepared to actively participate in our in-class discussions since that is a crucial way to take as much away from the course as possible. Please review the Engagement Rubric in the Engagement section of this site. Our conversations are ongoing, so you must engage your classmates with commentary, reaction, and/or analysis in class and online. Remember, conversation ” … is a form of interactive, spontaneous communication between two or more people …” generally, ” … written exchanges are usually not referred to as conversations.” The good news is that Teams will allow us to engage in synchronous or asynchronous written exchanges to stand in for conversations.

Prompt Engineering Exercise

Complete this deliverable by posting prompt results to the Prompt Engineering module in Canvas.

We will actively integrate generative GenAI platforms into the course’s creative process. The objectives of this deliverable include understanding the principles of GenAI and its applications, developing content creation skills, enhancing creativity and innovation through AI tools, and reflecting on the impact of AI on the creative process. This deliverable will help you understand how to communicate with AI effectively, recognize the importance of clear and structured prompts, and reflect on the interaction between human input and AI output. The deliverable aims to develop skills in prompt engineering for AI interactions, specifically with ChatGPT. Students will craft the prompts below, engage with GenAI, and reflect on the process and outcomes. All prompts must be related to the course material. This deliverable will enhance your understanding of AI communication and develop your critical thinking and analytical skills. You will prepare the following prompts:

  • Persona Prompt
    • Objective: Create a prompt that describes a fictional character’s personality, background, and situation
    • Final Form: A detailed description of the persona
    • ChatGPT Response: Generate a story or dialogue involving the persona
    • Student Reflection: Evaluate the effectiveness of the description in guiding the AI’s response
    • AI Use Policy: Include a statement that meets the requirements of the Use of Artificial Intelligence and GenAI policy
  • Audience Persona Prompt
    • Objective: Develop a prompt that outlines a target audience’s characteristics for a hypothetical product or message
    • Final Form: Detailed audience persona (age, interests, needs, etc.)
    • ChatGPT Response: Suggest marketing strategies or messages tailored to the audience
    • Student Reflection: Assess how well the AI’s suggestions fit the audience persona
    • AI Use Policy: Include a statement that meets the requirements of the Use of Artificial Intelligence and GenAI policy
  • Question Refinement Prompt
    • Objective: Refine a broad or ambiguous question into a transparent, specific inquiry
    • Final Form: Original broad question and its refined version
    • ChatGPT Response: Answers to both the original and refined questions
    • Student Reflection: Compare the responses and discuss the impact of question refinement
    • AI Use Policy: Include a statement that meets the requirements of the Use of Artificial Intelligence and GenAI policy
  • Chain of Thought Prompt
    • Objective: Encourage the AI to display its reasoning process
    • Final Form: A complex question or problem that requires step-by-step reasoning
    • ChatGPT Response: Detailed explanation of the thought process and conclusion
    • Student Reflection: Analyze the AI’s reasoning and effectiveness in addressing the problem
    • AI Use Policy: Include a statement that meets the requirements of the Use of Artificial Intelligence and GenAI policy
  • Image Generation Prompt
    • Objective: Compose a prompt for image generation, demonstrating an understanding of descriptive language
    • Final Form: A vivid, detailed description of an image
    • ChatGPT Response: Generated image based on the description
    • Student Reflection: Reflect on the correlation between the description and the generated image
    • AI Use Policy: Include a statement that meets the requirements of the Use of Artificial Intelligence and GenAI policy

Each student will submit their prompts, ChatGPT responses, and reflections in the Prompt Engineering module in Canvas, following the submission schedule. I will evaluate the clarity and creativity of the prompts, the relevance and depth of the ChatGPT responses, the insightfulness and thoughtfulness of the reflections, and the overall presentation and organization of each prompt submission.

Case Simulation

You will complete this deliverable by posting your memo to the appropriate channel in Teams.

We will complete two case simulations this semester. Links to the materials related to each case simulation are in the Schedule. Each case simulation requires two phases.

The first phase will require you to review certain materials. You will also study a case that examines issues related to the simulation topic, focusing on facts, perhaps a statutory excerpt, and case law. Based on your knowledge of the particular area of law, you can compose a neutral memorandum (not to exceed 750 words) that outlines each legal issue with a short explanation of the applicable legal rules or doctrine. The sources of law for this memorandum are the area of law and any relevant statutory and case law. Your perspective is not that of an advocate. Instead, your analysis is as objective as possible in spotting any potential issues that could arise in the case and opine the likelihood of success on each point. You will complete this phase of the assignment individually. Be sure to carefully review the materials included in Writing on a Digital Platform and Writing and Research. Include a statement that meets the requirements for the use of artificial intelligence (AI) and GenAI policy. Never post a Word, Google Doc, or PDF.

During the second phase, you will prepare for an in-class Q&A discussion of the issues presented by the materials included in the first phase. You will be assigned to a team that will advocate for one side or the other during the discussion.

I will evaluate the following factors when I assess your contributions to the simulations:
  • Phase 1: Assessment will be based on the clarity of your writing, spelling, and grammar, document appearance and satisfaction of form requirements, articulation of all potential issues presented, and the quality and depth of analysis. You will complete Phase 1 individually. Your issues memorandum should reflect a thoughtful, substantive, and well-reasoned summary and
  • Phase 2: Assessment will be based on your mastery of the issues under consideration, your contribution to the preparatory work of your team, and your participation in the give-and-take of the in-class discussion.

AT Project

You will complete this deliverable by developing your AT Project (ATP) using Adobe Express, WordPress, and the Teams ATP channel.

The project aims to develop an in-depth understanding of the history of the US Supreme Court and Constitutional Law by creating a collaborative multimedia project focusing on legal, ethical, and various interdisciplinary perspectives.

Much of your work in this course will be as part of a small project team. Teams will be formed based on a mix of interests and skills. Your work on that project team will focus on developing an analysis that examines the implications of an area related to the course’s subject matter. Of course, I expect you will address the ethical issues that arise. Each team will develop its ATP using Adobe Express to create digital artifacts that will be incorporated into your ATP. You will use WordPress to build your ATP site over the semester. Each team must use its Teams ATP channel for all brainstorming, communication, file sharing, etc., related to the ATP. Each team will be responsible for preparing and posting progress and content updates to their project channel in Teams as described in the schedule. Teams will provide full transparency as the project development process progresses. In other words, everyone involved in the course with access to our Teams workspace will have the opportunity to review and comment on the progress of each team’s project.

You will join a project team that will be responsible for the management of all aspects of the development of your ATP:
  • Your ATP will feature a multimedia production documentary in which a storyteller (your team) combines photos, videos, and audio with interviews, narration, text, and graphics to deliver a message, invoke an emotional response, and suggest action. I would encourage you to include diverse perspectives, especially from those impacted by the area of law that is the focus of your ATP.
  • Your ATP will examine not just the legal aspects of the area of law but also the cultural, economic, ethical, personal, political, social, and regulatory perspectives, as well as the present and future, of the area you have chosen. You will develop these sections as the semester progresses. The calendar and course schedule will guide submission dates and deadlines.
  • Prepare and share your analysis using Adobe Express to develop project-specific artifacts and WordPress to build your ATP. This allows your classmates to prepare thoroughly for our ATP discussions.
  • Active participation in the scheduled discussion of all ATPs.

You will use your ATP Teams channel to collaborate with your team and memorialize your discussions and supporting materials, including, for example, web sources, documents, and multimedia content for each case. Be sure to carefully review the materials included in Writing on a Digital Platform and Writing and Research.

Your ATP will include, but not be limited to, the following sections (submission deadlines in the Schedule):

Phase 1 | Preliminary Evaluation (post to ATP channel and WordPress Project site)
  • Outline key issues and adjacent domains related to your ATP area of focus and
  • Submit a report (500 words maximum) to your ATP channel
  • Assessment will be based on clarity, relevance, and depth of preliminary analysis
Phase 2 | Status Report and Updates (post to ATP channel and WordPress Project site)
  • Provide a progress assessment of your ATP and
  • Include challenges faced and how they were addressed
Phase 3 | Status Report and Updates (post to ATP channel and WordPress Project site)
  • Provide a progress assessment of your ATP and
  • Include challenges faced and how they were addressed
Phase 4 | Final AT Project (post to WordPress ATP site)
The ATP must incorporate, but not be limited to:
  • All of the sections identified in the WordPress ATP template
  • A multimedia documentary that incorporates a diverse range of perspectives and disciplines related to the ATP focus area
  • A source list with hyperlinks to all references and
Phase 5 | ATP Discussions
All teams will facilitate and participate in an integrated discussion of the ATPs during our Week 16 class meetings. Each AT Project Team will select a Team Lead for each Monday and Wednesday session; the Team Leads will facilitate an integrated discussion of the ATPs in their respective sessions. The assessment will be based on the requirements described in Writing and Research and Writing on a Digital Platform. I will also evaluate the depth of content, interdisciplinary approach, ethical considerations, and multimedia integration, as well as your contributions to your team, level of engagement, clarity of writing, spelling and grammar, appearance and satisfaction of form requirements, articulation of all potential issues presented, and quality and depth of analysis.

Grading

The following weights will be assigned to each component of your final grade:

AT Deliverables 124 Info Privacy

The question of the right to privacy must be one of the defining issues of our time. – Salil Shetty

You are responsible for completing the following deliverables this semester.

Engagement

Success in this course will require you to do more than appear in class twice weekly and answer an occasional question. All of my students will be prepared to actively participate in our in-class discussions since that is a crucial way to take as much away from the course as possible. Please review the Engagement Rubric in the Engagement section of this site. Our conversations are ongoing, so you must engage your classmates with commentary, reaction, and/or analysis in class and online. Remember, conversation ” … is a form of interactive, spontaneous communication between two or more people …” generally, ” … written exchanges are usually not referred to as conversations.” The good news is that Teams will allow us to engage in synchronous or asynchronous written exchanges to stand in for conversations.

GenAI Journal

You will complete this deliverable by posting your journal entries to your Adobe Express GenAI Journal.

We will actively integrate GenAI platforms in the creative process of the course. Students will use Adobe Express to create a weekly journal, documenting their journey of using various GenAI tools. The GenAI Journal deliverable aims to enhance students’ understanding of AI technology, its potential in learning, and its practical application in different projects. The objectives of this deliverable include understanding the principles of GenAI and its applications, developing skills in Adobe Express for digital journaling and content creation, enhancing creativity and innovation through AI tools, and reflecting on the impact of AI on the creative process. The final deliverable will be a complete digital GenAI Journal compiled in Adobe Express, showcasing your journey and projects throughout the course. I will evaluate the depth of insight and understanding of GenAI’s role in the creative process, innovative use of GenAI platforms in journal entries and projects, effective use of Adobe Express for journaling, and regular updates and adherence to the submission schedule when assessing your Journals.

Prompt Engineering Exercise

You will complete this deliverable by posting prompt results to your Adobe Express GenAI Journal.

This deliverable will help students understand how to communicate with AI effectively, recognize the importance of clear and structured prompts, and reflect on the interaction between human input and AI output. The deliverable aims to develop skills in prompt engineering for AI interactions, specifically with ChatGPT. Students will craft prompts in various categories, engage with ChatGPT, and reflect on the process and outcomes. The journal will comprehensively record their learning journey in prompt engineering and AI interaction. This deliverable will enhance your understanding of AI communication and develop critical thinking and analytical skills. You will prepare the following prompts:

  • Persona Prompt
    • Objective: Create a prompt that describes a fictional character’s personality, background, and situation
    • Final Form: A detailed description of the persona
    • ChatGPT Response: Generate a story or dialogue involving the persona
    • Student Reflection: Evaluate the effectiveness of the description in guiding the AI’s response
  • Audience Persona Prompt
    • Objective: Develop a prompt that outlines a target audience’s characteristics for a hypothetical product or message
    • Final Form: Detailed audience persona (age, interests, needs, etc.)
    • ChatGPT Response: Suggest marketing strategies or messages tailored to the audience
    • Student Reflection: Assess how well the AI’s suggestions fit the audience persona
  • Question Refinement Prompt
    • Objective: Refine a broad or ambiguous question into a transparent, specific inquiry
    • Final Form: Original broad question and its refined version
    • ChatGPT Response: Answers to both the original and refined questions
    • Student Reflection: Compare the responses and discuss the impact of question refinement
  • Chain of Thought Prompt
    • Objective: Encourage the AI to display its reasoning process
    • Final Form: A complex question or problem that requires step-by-step reasoning
    • ChatGPT Response: Detailed explanation of the thought process and conclusion
    • Student Reflection: Analyze the AI’s reasoning and effectiveness in addressing the problem
  • Image Generation Prompt
    • Objective: Compose a prompt for image generation, demonstrating an understanding of descriptive language
    • Final Form: A vivid, detailed description of an image
    • ChatGPT Response: Generated image based on the description
    • Student Reflection: Reflect on the correlation between the description and the generated image

Students will submit their prompts, ChatGPT responses, and reflections in their GenAI Journal by the submission schedule. I will evaluate the clarity and creativity of the prompts, relevance, depth of the ChatGPT responses, insightfulness and thoughtfulness of the reflections, and overall presentation and organization of the GenAI Journal when assessing your  Journals.

Case Simulation

You will complete this deliverable by posting your memo to the appropriate channel in Teams.

We will complete two case simulations this semester. Links to the materials related to each case simulation are in the Schedule. Each case simulation requires two phases.

The first phase will require you to review materials in the text. You will also study a case that examines issues related to the simulation topic, focusing on facts, a statutory excerpt, and case law. Based on your knowledge of the particular area of law, you can compose a neutral memorandum (not to exceed 750 words) that outlines each legal issue with a short explanation of the applicable legal rules or doctrine. The sources of law for this memorandum are the text’s chapter on the area of law and any applicable statutory and case law. Your perspective is not that of an advocate. Instead, your analysis is as objective as possible in spotting any potential issues that could arise in the case and opine as to the likelihood of success on each point. You will complete this phase of the assignment individually. Be sure to carefully review the materials included in Writing on a Digital Platform and Writing and Research. Never post a Word, Google Doc, or pdf.

During the second phase, you will prepare for an in-class Q & A discussion of the issues presented by the materials included in the first phase. You will be assigned to a team that will advocate for one side or the other during the discussion.

I will evaluate the following factors when I assess your contributions to the simulations:
  • Phase 1: Assessment will be based on the clarity of your writing, spelling and grammar, document appearance and satisfaction of form requirements, articulation of all potential issues presented, and the quality and depth of analysis. You will complete Phase 1 individually. Your issues memorandum should reflect a thoughtful, substantive, and well-reasoned summary and
  • Phase 2: Assessment will be based on your mastery of the issues under consideration, contribution to the preparatory work of your team, and participation in the give and take of the in-class discussion.

AT Project

You will complete this deliverable by developing your AT Project using Adobe Express, Adobe Portfolio, and your Teams Project channel.

The project aims to develop an in-depth understanding of information privacy by creating a collaborative multimedia project focusing on legal, ethical, and various interdisciplinary perspectives.

Much of your work in this course will be as part of a small project team. Teams will be formed based on a mix of interests and skills. Your work on that project team will focus on developing an analysis that examines the implications of an area of information privacy. Of course, I expect you will address the ethical issues that arise. Each team will develop and report their AT Project using Adobe Express to create the digital artifacts incorporated into your AT Project. You will use Adobe Portfolio to build your AT Project over the semester progressively. Each team must use its Teams project channel for all brainstorming, communication, file sharing, etc., related to the AT Project. Each team will be responsible for preparing and posting progress and content updates to their project channel in Teams as described in the schedule. Teams will provide full transparency as the project development process progresses. In other words, everyone involved in the course with access to our Teams workspace will have the opportunity to review and comment on the progress of each team’s project.

You will join a project team that will be responsible for the management of all aspects of the development of your AT Project:
  • Your AT Project will feature a multimedia production documentary in which a storyteller (your team) combines photos, videos, and audio with interviews, narration, text, and graphics to deliver a message, invoke an emotional response, and suggest action. You are encouraged to include diverse perspectives, especially from those significantly impacted by information privacy issues.
  • Your AT Project will examine not just the legal aspects of information privacy but also the cultural, economic, ethical, personal, political, social, and regulatory perspectives, present and future, of the area you have chosen. You will develop these sections as the semester progresses. The calendar and course schedule will guide submission dates and deadlines.
  • Prepare and share your analysis using Adobe Express to develop project-specific artifacts and Adobe Portfolio to share your AT Project. This allows your classmates to prepare thoroughly for our AT Project discussions.
  • Relate AT Projects to current information privacy issues.
  • Active participation in the scheduled discussion of all AT Projects.

You will use your AT Project channel to collaborate with your team and memorialize your discussions and supporting materials, including, for example, web sources, documents, and multimedia content for each case. Be sure to carefully review the materials included in Writing on a Digital Platform and Writing and Research.

Your AT Project will include, but not be limited to, the following sections (submission deadlines in the Schedule):

Phase 1 | Preliminary Evaluation (post to AT Project channel)
  • Identify and briefly discuss two different areas of information privacy and
  • Outline key issues and adjacent domains for each area and
  • Submit a report (500-word maximum) per area to your AT Project channel
  • Assessment will be based on clarity, relevance, and depth of preliminary analysis
  • Approval of one of your AT Project areas of focus will be posted to your project channel
Phase 2 | Status Report and Updates (post to AT Project channel)
  • Provide a progress assessment of your AT Project and
  • Include challenges faced and how they were addressed
Phase 3 | Final AT Project (post to AT Project channel)
The AT Project must incorporate, but not be limited to:
  • A multimedia documentary that incorporates a diverse range of perspectives and disciplines and includes
  • An executive summary and
  • An introduction to the documentary and
  • A description including a review of the domain being evaluated that describes the nature and scope of your project, an in-depth review including the significance of each domain, the developing trends related to those domains, the stakeholders, industries, and markets impacted, the opportunities for innovation that have or might arise and
  • Emphasize ethical implications in your analysis and
  • Recommendations for changes to the information privacy legal and regulatory environment and
  • A conclusion that includes your strategy for leveraging your personal and professional learnings and discusses the significance of the same and
  • A source list with hyperlinks to all references and
Phase 4 | AT Project Discussions
All teams will facilitate and participate in an integrated discussion of the AT Projects during our Week 16 class meetings. Each AT Project Team will select a Team Lead for each Monday and Wednesday sessions; the Teams Leads will facilitate an integrated discussion of the AT Projects in their respective sessions. Assessment will be based on the requirements described in Writing and Research and Writing on a Digital Platform. I will also evaluate the depth of content, interdisciplinary approach, ethical considerations, and multimedia integration, as well as your individual contributions to your team, level of engagement, clarity of writing, spelling and grammar, appearance and satisfaction of form requirements, articulation of all potential issues presented, and quality and depth of analysis.

Grading

The following weights will be assigned to each component of your final grade:

AT: Schedule 124 Information Privacy

Privacy is an inherent human right and a requirement for maintaining the human condition with dignity and respect. ― BRUCE SCHNEIER

Before Week 1 (before January 14th)

You will complete this deliverable by visiting the Before We Begin section of ShannonWeb. These deliverables must be completed even if you join the course after the first day of class.

Course Resources: Information Privacy

Familiarize yourself with the following so that you can use these sources throughout the course
US Constitution: Penumbra of Rights

Cases and Materials

Week 1, Class 1

Before Class (Monday):
During Class (Monday):
  • Introduction to the course
  • Review current events

Week 2, Classes 2 & 3

Before Class (Monday):
Read/Watch the following in sufficient depth that you can participate in an informed discussion, and you can use these sources throughout the course
During Class (Monday):
  • Overview of Generative AI, Prompt Engineering, Ethics, and Use of Generative AI
Before Class (Wednesday):
During Class (Wednesday):

Week 3, Classes 4 & 5

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
During Class
  • Discuss
  • Review current events
Deliverable(s):
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 11p. Describe your understanding of GenAI and your expectations of its use in the course, including some detail about the GenAI platforms you might use each week, e.g., DALL-E for image generation and GPT-3 for text creation

Week 4, Classes 6 & 7

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Information Gathering
    • Nader v. General Motors Corp., 255 N.E.2d 765 (N.Y. Ct. App. 1970) (CB81)
    • Dietemann v. Time, Inc., 449 F.2d 245 (9th Cir. 1971) (CB86)
    • Desnick v. American Broadcasting Co., Inc., 44 F.3d 1345 (7th Cir. 1995)(CB88)
    • Shulman v. Group W Productions, Inc., 955 P.2d 469 (Cal. 1998) (CB93)
  • Disclosure of Truthful Information
    • Gill v. Hearst Publishing Co., 253 P.2d 441 (Cal. 1953) (CB105)
    • Daily Times Democrat v. Graham, 162 So. 2d 474 (Ala. 1964) (CB109)
    • Sipple v. Chronicle Publishing Co., 201 Cal. Rptr. 665 (Cal. Ct. App. 1984) (CB115)
    • Shulman v. Group W Productions, Inc., 955 P.2d 469 (Cal. 1998) (CB125)
    • Bonome v. Kaysen, 17 Mass. L. Rptr. 695 (Mass. Supp. 2004) (CB128)
    • Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975) (CB136)
    • The Florida Star v. B.J.F., 491 U.S. 524 (1989) (CB142)
    • Bartnicki v. Vopper, 532 U.S. 514 (2001) (CB152)
During Class
  • Discuss
  • Review current events
Deliverable(s):

Week 5, Classes 8 & 9

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Dissemination of False Information
    • Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997) (CB169)
    • New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (CB176)
    • Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) (CB176)
    • Time, Inc. v. Hill, 385 U.S. 374 (1967) (CB187)
  • Appropriation of Name or Likeness
    • Carson v. Here’s Johnny Portable Toilets, Inc., 698 F.2d 831 (6th Cir. 1983) (CB195)
    • Raymen v. United Senior Association, Inc., 409 F. Supp. 2d 15 (D.D.C. 2006) (CB202)
    • Finger v. Omni Publications International, Ltd., 566 N.E.2d 141 (N.Y. Ct. App. 1990) (CB05)
    • Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977) (CB207)
    • De Havilland v. FX Networks, LLC, 21 Cal.App.5th 845 (Cal. App. 2018) (CB210)
During Class
  • Discuss
  • Review current events
Deliverable(s)
  • Case Simulation #1 Materials Available Before Sunday at 1p
  • Case Simulation #1, Phase 1 Memo Due Before Thursday at 11p; Submit Using Teams DM

Week 6, Classes 10 & 11

During Class
Case Simulation #1
  • Monday: Phase 1, discuss case simulation memos
  • Wednesday: Phase 2, team Q&A
Deliverable(s)
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 11p. Describe the GenAI platforms used this week; describe how you incorporated them into your projects or creative processes; discuss any challenges you faced and addressed them; and reflect on how using GenAI impacted your creativity and workflow.

Week 7, Classes 12 & 13

Review the following in sufficient depth that you can participate in an informed discussion
  • Privacy Protections for Anonymity and Receipt of Ideas
    • Talley v. State of California, 362 U.S. 60 (1960) (CB216)
    • McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995) (CB217)
    • Doe v. Cahill, 884 A.2d 451 (Del. 2005) (CB221)
    • Stanley v. Georgia, 394 U.S. 557 (1969) (CB228)
During Class
  • Discuss
  • Review current events
Deliverable(s)
  • AT Project Status Report Due Before Monday at 1:12a
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 11p. Describe the GenAI platforms used this week; describe how you incorporated these platforms into your projects or creative processes; discuss any challenges faced and how you addressed them; and reflect on how using GenAI impacted your creativity and workflow

Week 8, No Classes | Spring Break

Week 9, Classes 14 & 15

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • The U.S. System Of Consumer Data Privacy Regulation
    • Pineda v. Williams-Sonoma Stores, 246 P.3d 162 (Cal. 2011) (CB689)
    • Spokeo, inc. v. Robins, 136 S.Ct. 1540 (2016) (CB698)
    • Trans Union LLC v. Ramirez, 141 S. Ct. 2190 (2021) (CB702)
  • Tort Law
    • Dwyer v. American Express Co., 652 N.E.2d 1351 (Ill. App. 1995) (CB710)
    • Remsburg v. Docusearch, Inc., 816 A.2d 1001 (N.H. 2003) (CB716)
  • Contract Law
    • Opting In, Opting Out, or No Options at All: The Fight for Control of Personal Information, Jeff Sovern, 74 Wash. L. Rev. 1033 (1999) (CB722)
    • In re Northwest Airlines Privacy Litigation, 2004 WL 1278459 (D. Minn. 2004) (not reported in F. Supp. 2d) (CB725)
    • In re Marriott International, Inc. Customer Data Security Breach Litigation, 440 F. Supp. 3d 447 (D. Md. 2020) (CB728)
During Class
  • Discuss
  • Review current events
Deliverable(s)
  • Case Simulation #2 Materials Available Before Sunday at 1p
  • Case Simulation #2, Phase 1 Memo Due Before Thursday at 11p; Submit Using Teams DM

Week 10, Classes 16 & 17

During Class
Case Simulation #2
  • Monday: Phase 1, discuss case simulation memos
  • Wednesday: Phase 2, team Q&A
Deliverable(s)
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 11p. Describe the GenAI platforms used this week; describe how you incorporated them into your projects or creative processes; discuss any challenges you faced and addressed them; and reflect on how using GenAI impacted your creativity and workflow.

Week 11, Classes 18 & 19

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • FTC §5 Enforcement
    • In The Matter Of Sears Holdings Management Corp., 2009 WL 2979770 (FTC Aug. 31, 2009) (CB749)
    • United States V. Easy Health Care Corporation, Case No. 1:23-cv-3107 (N.D. Ill. 2023) (CB756)
    • In The Matter Of Facebook. Inc., 2012 WL 3518628 (FTC July 27, 2012) (2012) (CB762)
    • In The Matter Of Facebook. Inc., No. C-4365 (July 24, 2019) (2019) (CB784)
  • Federal Statutory Regulation
    • In re: Nickelodeon Consumer Privacy Litigation, 827 F.3d 262 (3d Cir. 2016) (CB787)
    • United States v. Path, Inc., 2012 WL 7006381 (N.D. Cal. 2012) (CB801)
    • FTC and New York v. Google and YouTube, Case No 1:19-cv-2642 (D.C. D. Sept. 4, 2019) (CB808)
    • In Re Facebook, Inc. Internet Tracking Litigation, 956 F.3d 589 (9th Cir. 2020) (CB808)
    • Dyer v. Northwest Airlines Corp., 334 F. Supp. 2d 1196 (D.N.D. 2004) (CB819)
    • Creative Computing v. Getloaded.com LLC, 386 F.3d 930 (9th Cir. 2004) (CB822)
    • United States v. Drew, 259 F.R.D. 449 (C.D. Cal. 2009) (CB825)
    • Stoops v. Wells Fargo Bank, 197 F. Supp.3d 782 (W.D. Pa. 2016) (CB836)
During Class
  • Discuss
  • Review current events

Deliverable(s)

  • AT Project Status Update Due Before Sunday at 3:49p

Week 12, Class 20

Monday: No Class, Easter Monday

Before Class (Wednesday)
Review the following in sufficient depth that you can participate in an informed discussion
  • State Statutory Regulation
    • Stacy Rosenbach v. Six Flags Entertainment Corporation, 129 N.E.3d 1197 (Ill. 2019) (CB856)
  • Regulating Algorithms and AI
  • First Amendment Limitations on Privacy Regulation
    • Rowan v. United States Post Office Department, 397 U.S. 728 (1970) (CB877)
    • Mainstream Marketing Services, Inc. v. Federal Trade Commission, 358 F.3d 1228 (10th Cir. 2004) (CB878)
    • U.S. West, Inc. v. Federal Communications Commission, 182 F.3d 1224 (10th Cir. 1999) (CB881)
    • Trans Union Corp. v. Federal Trade Commission, 245 F.3d 809 (D.C. Cir. 2001) (CB887)
    • Sorrell v. IMS Health, Inc., 131 S. Ct. 2653 (2011) (CB889)
    • Barr v. American Association of Political Consultants, Inc., 140 S. Ct. 2335 (2020) (CB896)
During Class (Wednesday)
  • Discuss
  • Review current events
Deliverable(s)
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 11p. Describe the GenAI platforms used this week; describe how you incorporated them into your projects or creative processes; discuss any challenges you faced and addressed them; and reflect on how using GenAI impacted your creativity and workflow.

Week 13, Classes 21 & 22

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Workplace Searches
    • O’Connor v. Ortega, 480 U.S. 709 (1987) (CB989)
    • K-Mart Corp. v. Trotti, 677 S.W.2d 632 (Tex. Ct. App. 1984) (CB996)
  • Workplace Surveillance
    • Thompson v. Johnson County Community College, 930 F. Supp. 501 (D. Kan. 1996) (CB997)
  • Workplace Drug Testing
    • National Treasury Employees Union v. Von Raab, 489 U.S. 656 (1989) (CB1001)
    • Chandler v. Miller, 520 U.S. 305 (1997) (CB1004)
    • Borse v. Piece Goods Shop, 963 F.2d 611 (3d Cir. 1992) (CB1006)
  • The Issue Of Consent
    • Baggs v. Eagle-Picher Industries, Inc., 750 F. Supp. 264 (W.D. Mich. 1990) (CB1010)
During Class
  • Discuss
  • Review current events

Week 14, Classes 23 & 24

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • Testing, Questionnaires, And Polygraphs
    • Greenawalt v. Indiana Department of Corrections, 397 F.3d 587 (7th Cir. 2005) (CB1016)
    • National Aeronautics and Space Administration v. Nelson, 562 U.S. 134 (2011) (CB1017)
  • Telephone Monitoring
    • Watkins v. L.M. Berry & Co., 704 F.2d 577 (11th Cir. 1983) (CB1028)
    • Deal v. Spears, 980 F.2d 1153 (8th Cir. 1992) (CB1031)
  • Computer Monitoring And Searches
    • Smyth v. Pillsbury Co., 914 F. Supp. 97 (E.D. Pa. 1996) (CB1034)
    • Leventhal v. Knapek, 266 F.3d 64 (2d Cir. 2001) (CB1040)
    • United States v. Ziegler, 474 F.3d 1184 (9th Cir. 2007) (CB1048)
  • Automation And AI in Employment
During Class
  • Discuss
  • Review current events
Deliverable(s)
  • Final AT Projects due before Sunday at 4:47a
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 11p. Describe the GenAI platforms used this week; describe how you incorporated them into your projects or creative processes; discuss any challenges you faced and addressed them; and reflect on how using GenAI impacted your creativity and workflow.

Week 15, Classes 25 & 26

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • OECD Privacy Guidelines
  • The 1980 Original Guidelines (CB1058)
  • The 2013 OECD Privacy Guidelines (CB1060)
  • Privacy Protection In Europe
    • Divergence Or Convergence? (CB1061)
      • James Q. Whitman, The Two Western Cultures of Privacy: Dignity Versus Liberty, 113 Yale L.J. 1151 (2004) (CB1061)
      • Paul M. Schwartz & Karl-Nikolaus Peifer, Transatlantic Data Privacy Law, 106 Georgetown L.J. 115 (2017) (CB 1063)
  • European And EU Institutions And Laws (CB1066)
  • European Convention On Human Rights, Article 8 (CB1069)
  • European Union Data Protection(CB1080)
    • Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos (AEPD), Mario Costeja González, European Court of Justice, Case C-131/12 (May 13, 2014) (CB1096)
    • UI v. Österreichische Post AG, CJEU (Third Chamber), Case C-300/21 (May 4, 2023)
  • Cross-Border Data Transfers (CB1109)
    • Volkswagen, A.G. v. Valdez, 909 S.W.2d 900 (Tex. 1995)
    • Schrems v. Data Protection Commissioner (Joined by Digital Rights Ireland) [Schrems I], European Court of Justice, Case C-362/14 (6 October 2015) (CB1117)
    • Data Protection Commissioner v. Facebook Ireland Ltd, and Maximillian Schrems[Schrems II], CJEU, Case C-311/18 (July 16, 2020) (Grand Chamber) (CB1124)
  • Privacy Protection Worldwide
During Class
  • Discuss
  • Review current events
Deliverable(s)
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 11p. Describe the GenAI platforms used this week; describe how you incorporated them into your projects or creative processes; discuss any challenges you faced and addressed them; and reflect on how using GenAI impacted your creativity and workflow.

Week 16, Classes 27 & 28

Before Class
Review the following in sufficient depth that you can participate in an informed discussion
  • AT Portfolio Projects Discussions
During Class
  • Each AT Project Team will select a Monday and Wednesday session Team Lead; the Teams Leads will facilitate their respective discussion sessions on Information Privacy.
  • Review current events

Week 17, Class 29

Course Wrap

Deliverables

Reading

You will have reading deliverables for each class meeting … they must be completed before you arrive for class. If you are not prepared for class it will be very difficult, if not impossible, for you to engage effectively in our class. If you consistently do not engage effectively in class discussions it will have a negative impact on your performance and, therefore, my assessment of your performance. Your success in our course will require you to actively participate in the discussions that we conduct in person and in the cloud. The difference between engagement in a F2F and an online course is really about the platform.

Writing on a Digital Platform

Many of you may be unfamiliar with writing in a digital platform. Since this may be the first time that you will work in a digital platform I suggest that you review Professor Gerald Lucas’ essay, Writing Top Ten, as a starting point. If you are unfamiliar with the appropriate way to source your digital writing, and most of you will be, please review his discussion of Digital Citation for additional guidance on citation when using a digital platform. Since the correct use of hyperlinks will be important to your success in our course discussions I recommend that you consider his advice on using links in your digital writing.

When you use digital platforms to support your submissions you must incorporate multimedia (audio, video and images) in all of your writing deliverables. It is important for you to transition from thinking in terms of text on paper to a text+ environment. As Bo Ren suggests in his essay Why I Believe in Text,

“The future of text is going to be text+ (text + multimedia e.g. photos, videos, gifs, podcasts etc). … readers and users want text+ for a faster, more immersive, gratifying consumption experience. Multimedia stories are the future of text.”

If you have never used Teams before, visit the Microsoft Teams for Education – Quick Start Guide and video training for Teams.

Writing and Research

Many of your course deliverables will involve research and writing. Those assignments will also require that you meet both content and form requirements. I describe the requirements of each deliverable in terms of minimums to provide you with the opportunity to exceed those minimums. Most deliverables involve the use of digital platforms to deliver the content you have developed.

The content requirements are straightforward. You must provide a thoughtful, substantive and well-reasoned submission that draws upon the course readings and materials and that details your perspective and analysis of the implications of the issues raised in the question(s) posed. It is also important that you address the ethics issues raised by the assignment. You must also include sources sufficient to support all aspects of your submission.

The content requirements represent a significant expectation of performance. I may set a minimum requirement for the number of sources used in your submissions. I expect that your sources will be sufficient, both in quality and number, to support the breadth of analysis that I have described above.

The form requirements are equally straightforward. These form requirements are generally described in terms of a minimum word count and the use of live, in-text hyperlinks in lieu of footnotes/endnotes (please see Writing on a Digital Platform above). When you use digital platforms to support your submissions you must incorporate multimedia (audio, video and images) in all of your writing deliverables.

My assessment of your submission will be based upon the extent to which you meet the minimum requirements as to content and form required by that particular deliverable. You can improve your prospects for a strong outcome by exceeding the minimum requirements of the deliverable, i.e., expanding the scope of your content and analysis of the question posed, including addressing potential ethics issues, broadening the scope of the sources used to support that content and analysis, and meeting the form requirements outlined above.

It is important to remember, though, that if you simply meet the minimum requirements the result will be an average grade.

Writing deliverables will be completed using a digital platform unless otherwise specified. Please see your course syllabus for the specific assignment requirements.

Do not post a Word document, pdf or Google doc unless the deliverable specifically requires it.

Connectivity

When taking a quiz or exam, please be certain that your broadband connection is reliable and stable. My students in past semesters have occasionally experienced connectivity issues. In the past, this type of connectivity problem arises as a result of an interruption in your connection (a hiccup in your broadband connection) to Blackboard or where the test has opened in a new tab or window. When that happens your connection times out in the first tab/window while you are working in the second. That has the same effect as the first possible cause … your connection to Bb is interrupted. Your quiz/exam stays active in the second tab/window but stops recording questions because the connection was interrupted due to the timeout in the first tab/window. Your best option is to be sure that your browser opens the quiz/exam in the same tab/window where you originally logged into Blackboard.

Most frequently connectivity issues arise when using Wi-FI particularly when using a public Wi-Fi hotspot. It is best if you avoid public Wi-Fi hotspots when taking a quiz/exam. Be certain that your Wi-Fi connection is strong and stable. I suggest, if possible, that you connect your computer directly to your Internet source (router) via an Ethernet cable. This should assure that you have a stable connection while completing the course assignments.

If your connection is interrupted, I suggest that you exit Bb, login again, try to reenter the same quiz/exam attempt and finish the quiz/exam.

Assessment

This information is related to my undergraduate courses. I suggest you review it carefully before your course begins.

Performance

I describe my expectations for your performance in my classes in the Deliverables and Engagement pages of this section. If you have not reviewed them yet, please take a moment and review them before proceeding with this section.

I have very high expectations for performance for my students. I expect that you will bring your best efforts to all of your interactions with your classmates, our course and with me. I presume that you are attending college, and our course, because you are interested in your future success.

You are constructing the platform on which you will build your professional, and personal, lives. That should be sufficient incentive to encourage you to invest in the learning environment we are developing, and those involved in that learning environment, to the fullest extent possible.

Please approach this experience accordingly.

Deliverables

All of my deliverables have hard deadlines. If you miss a deadline you will receive no credit for that assignment. The excuse of “my dog ate my homework” or its 21st century equivalent “my computer crashed” are not acceptable. “I forgot” or “I didn’t calendar the deliverable” or “I didn’t set a reminder” or “I had other assignments due” do not work for me … nor will they work for you.

It is important that you provide your analysis of the issues presented by any deliverable … whether that is a discussion board, journal post, blog comment or POV. Simply regurgitating the content of the question or article is not acceptable … think back to your first book report in elementary school … since I already know what happened in the book you do not really need to tell me again. It is infinitely more important that you demonstrate your understanding of the issues presented and their relevance in context.

My assessment of your submissions will also be based upon the extent to which you meet the minimum requirements of the deliverable. Most deliverables will be described with minimum word and source counts. Page counts are irrelevant when working in digital platforms so the minimum word and source counts will provide you with an expectation framework. You can improve your prospects for a strong outcome by exceeding the minimum requirements of the assignment. And remember that simply meeting the minimum requirements will result in an average grade.

OMG … Technophobia!!!

PLEASE do not tell me that you “are not a technology person” … we are clearly past the point where a lack of familiarity with technology is a good idea or at all acceptable. Since Fear of Technology
we rely on these devices and platforms you should be certain that your mobile device is connected to your SHU email and calendar accounts as well as Teams.

This site and Blackboard are not optimized to play well with Internet Explorer. I suggest that you use either Firefox or Safari as your browser.

That said, mine are not IT courses … they are courses that examine different areas of law. It happens that we will use a variety of different technology platforms to support our work … much the same as you will in your personal and professional lives.

I may be able to assist you with a hardware or software issue. However, it is your responsibility to be sure that both are in good working order. Be certain that your computer’s operating system, browser(s) and the variety of installed software is up-to-date,  If something isn’t working … get it fixed  … in a timely manner. That’s why we have PC Support Services and a Help Desk.

You are responsible for “figuring it out” when it comes to the “how to” aspects of a project. If you don’t know how to do something … “Google it!” … or, of you don’t want to be tracked use Duck Duck Go for search.

In fact, many of my past students have told me that mastering the art of “figuring it out” was both an unexpected and beneficial experience and a critical learning outcome in my courses.

Grading

Remember, as I noted above, that I have very high expectations for performance for my students. I expect that you will bring your best efforts to all of your interactions with your classmates, our course and with me. That will require you to do your best work in our course.

Engagement, i.e., attendance and participation during our course meetings is required. If you do not engage in the course it will have a negative impact on your grade results.

As I note in the Deliverables page, my assessment of your submissions will be based upon the extent to which you meet the deliverable’s minimum requirements as to content and form. You can improve your prospects for a strong outcome by exceeding the minimum requirements for that deliverable, i.e., expanding the scope of your content and analysis, including addressing potential ethics issues, of the question posed,  broadening the scope of the sources used to support that content and analysis, and meeting the form requirements outlined above.

It is important to remember, though, that if you simply meet the minimum requirements the result will be an average grade.

If you fail to participate at all, or do not meet the deliverable’s deadline, you will receive zero points and a grade of “F” for that deliverable. If you only partially meet the deliverable’s requirements you will earn a maximum grade of “D”. If you meet the deliverable’s requirements your submission will be evaluated and assigned a grade subject to the Grade Ranges described below.

I generally do not accept late submissions for credit unless you have experienced a real emergency. I will consider your reasons for missing a deadline if you submit them for my consideration in a timely manner via a Teams DM. That said, a real emergency does not arise if you miss the assignment or deadline because you did not calendar it, or you experienced a conflict that was avoidable or you simply forgot the deadline.

Grade Ranges

This table describes the range of points assigned to a particular grade.

A 95% – 100% C+

77% – 79.9%

A-

90% – 94.9% C

73% – 76.9%

B+

87% – 89.9% C- 70% – 72.9%

B

83% – 86.9% D+

65% – 69.9%

B- 80% – 83.9% D

60% – 64.9%

F

< 59.9%

LFB: LBR Schedule

Before Week 1 (Due January 14th)

Complete this deliverable by visiting the Before We Begin page at ShannonWeb. These deliverables must be completed even if you join the course after the first day of class.

Module 1: Introduction To The Legal Environment

Week 1, Class 1

Before Class (Monday):
During Class (Monday):
  • Introduction to the course
  • Review current events

Week 2, Classes 2 & 3

Before Class (Monday):

During Class (Monday):

  • Overview of Generative AI, Prompt Engineering, Ethics, and Use of Generative AI

Before Class (Wednesday):

During Class (Wednesday):

Deliverable(s):

Week 3, Classes 4 & 5

Before Class:
During Class:
Deliverable(s):
  • Continue development of your Success Plan and Ideas Essay
  • GenAI Journal: Prepare and post a narrative describing your understanding of GenAI and your expectations of its use in the course, including some detail about the GenAI platforms you might use each week, e.g., DALL-E for image generation and GPT-3 for text creation

Week 4, Classes 6 & 7

Before Class:
During Class:
Deliverable(s):

 Week 5, Classes 8 & 9

Before Class:
During Class:
Deliverable(s):
  • Ideas Essay due Tuesday no later than 11:53p
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 9p. Describe the GenAI platforms used this week; describe how you incorporated these platforms into your projects or creative processes; discuss any challenges faced and how you addressed them; and reflect on how using GenAI impacted your creativity and workflow
  • TID #1 is available on Saturday at 1p

Week 6, Classes 10 & 11

Before Class:
During Class:
Deliverable(s):
  • TID #1 Initial Response due on Wednesday no later than 11p

Module 2: Contracts

Week 7, Class 12 & 13

Before Class:
During Class:
Deliverable(s):
  • TID #1 Critique due no later than Wednesday at 11p
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 9p. Describe the GenAI platforms used this week; describe how you incorporated these platforms into your projects or creative processes; discuss any challenges faced and how you addressed them; and reflect on how using GenAI impacted your creativity and workflow

Week 8, Spring Break | No Classes

Week 9, Classes 14 & 15

Before Class:
During Class (Wednesday):
Deliverable(s):
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 9p. Describe the GenAI platforms used this week; describe how you incorporated these platforms into your projects or creative processes; discuss any challenges faced and how you addressed them; and reflect on how using GenAI impacted your creativity and workflow
  • TID #2 is available on Saturday at 1p

Week 10, Classes 16 & 17

Before Class:
During Class:
Deliverable(s):
  • TID #2 Initial Response due on Wednesday no later than 11p

Week 11, Classes 18 & 19

Before Class:
During Class:
Deliverable(s):
  • TID #2 Critique due no later than Wednesday at 11p

Week 12, Class 20

Monday: No Class, Easter Monday
Before Class (Wednesday):
  • Read and prepare the cases and materials in Chapter 12, Performance and Discharge, and Chapter 13, Remedies for Breach of Contract
  • Watch the videos on Contract Law
During Class (Wednesday):
Deliverable(s):
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 9p. Describe the GenAI platforms used this week; describe how you incorporated these platforms into your projects or creative processes; discuss any challenges faced and how you addressed them; and reflect on how using GenAI impacted your creativity and workflow

Module 3: Business Associations

Week 13, Classes 21 & 22

Before Class:
During Class:
Deliverable(s):
  • TID #3 is available on Sunday at 1p

Week 14, Classes 23 & 24

Before Class (Monday):
During Class (Monday):
Deliverable(s):
  • TID #3 Initial Response due on Wednesday no later than 11p
  • GenAI Journal: Prepare and post your GenAI Journal update before Friday evening at 9p. Describe the GenAI platforms used this week; describe how you incorporated these platforms into your projects or creative processes; discuss any challenges faced and how you addressed them; and reflect on how using GenAI impacted your creativity and workflow

Module 4: Regulatory Environment

Week 15, Classes 25 & 26

Before Class:
During Class:
Deliverable(s):
  • TID #3 Critique due no later than Wednesday at 11p
  • GenAI Journal: Summarize your journey, key learnings, and perspectives on the future of GenAI in creative fields in your Final Reflection on your GenAI experience

Week 16, Classes 27 & 28

Before Class:
During Class:
Deliverable(s):

Week 17, Class 29

Deliverable(s):
  • Discuss the Final Exam. The final exam will be a writing assignment requiring each student to define, interpret, and analyze a topic or topics related to the course materials. Details TBA