PL: What Should You Expect?

Products Liability sits at an odd intersection: it is one of the oldest, most settled bodies of American law, and one of the fastest-changing. The doctrine formed around industrial-era products (cars, machinery, pharmaceuticals) and has spent the better part of a century absorbing new technologies without abandoning its core logic. That tension, between doctrine built for yesterday’s products and facts generated by today’s, is where this course lives. We will not try to resolve every question digital products raise for liability law. We will learn to reason through them the way courts, regulators, and business leaders actually have to: case by case, under uncertainty, with real consequences attached to the answer.

This course does not reward memorization the way a survey course might. You will read cases, but the goal is not to recite holdings back on an exam: it is to argue with them, to identify where a rule that made sense for a 1970s lawnmower breaks down when applied to an algorithm that updates itself after sale. You will be pushed to think like a manager as often as like a lawyer: not just what does the law say, but who bears the cost of this decision, and how would a reasonable company respond to that exposure. If you have succeeded in other courses by outlining chapters and memorizing black-letter rules, that skill will still matter here, but it will not be enough on its own.

We will work primarily through case-based analysis: briefing cases, identifying the doctrine at issue, and applying it to genuinely unsettled questions. Is a social media platform’s design a defect? Is an AI hiring tool a product? Who counts as the manufacturer of a system that keeps learning after it ships? I will use the Socratic method both in class and in our discussions outside it, and I expect you to arrive prepared to be asked, not just to listen. We will also use a mix of digital platforms and collaborative tools to do this work, culminating in a team project you will build and publish yourselves. Some of these tools may be new to you. That is by design: a course about how liability law adapts to new technology should ask you to adapt to a few new tools along the way.

Products liability has always been a reactive field: courts and legislatures tend to respond after an injury, a recall, or a public failure exposes a gap in existing rules. Part of what this course asks of you is less reactive than that. We will use a Flexibility, Adaptability, Imagination, and Resilience lens throughout the semester to practice anticipating where liability exposure is heading, not just cataloging where it has already been. That means holding two ideas at once: real respect for how doctrine has adapted successfully for seventy years, and honest skepticism about whether it can keep adapting fast enough for products that learn, update, and interact with each other in ways their own designers may not fully predict.

None of this works if the course stays one-directional. I expect us to build a genuinely collaborative environment, one where you come prepared to disagree with a case, with each other, and occasionally with me, and where we treat that disagreement as the actual work of the course rather than a detour from it. You are entering this material with less legal background than a law student and more direct experience as a consumer of digital products than most judges currently deciding these cases. That combination is more useful than it might feel on day one. Come ready to use it.

Engagement

Engagement, i.e., attendance, preparation, participation, and successful and timely completion of course deliverables, is mandatory. You will only succeed in our course if you engage.

It’s that simple.

Your performance will improve if you attend class regularly, are well prepared AND participate effectively in the learning environment, whether F2F or digital.

Yes  … it IS that simple!

You are an important part of the team, including your professor and classmates, and you create an effective learning environment. Your engagement in our course learning environment plays a significant role in my assessment of your performance, in other words, the grade you earn in our course. Our course will demand a substantial investment of time and effort, and so will require a significant amount of preparation. You need to be self-motivated and stay on task to succeed. Dr. Jeffrey Bennett has developed some terrific “Hints on How to Succeed in College Classes” that I strongly suggest you review before we begin our course.

I will take attendance every time we meet in class. I will even take attendance if we have a class meeting in a virtual environment using a video conferencing platform. While our meetings will consist of lectures and discussions, I am not a big fan of the “Sage on the Stage” teaching model. Discussion will be the primary form of interaction in our course. Of course, those discussions will be both F2F and digital. We will use various technology-supported platforms to support our interactions, both in and out-of-class meetings. Your engagement in our digital discussions, whether enrolled in a F2F or web-based course, will also be an important part of my assessment of your performance.

The COVID-19 pandemic has forced us to move to a fundamentally different set of delivery modalities, e.g., HyFlex, hybrid, remote, synchronous or unsynchronous, or some combination of approaches to teaching and learning. We are increasingly working remotely to accomplish our work. That remote modality demands that we adjust our understanding of acceptable protocols for attendance and participation, whether a meeting or course attendance, engagement, and participation.

While working together using a digital platform, e.g., Teams, Zoom, Slack, etc., you must join the session with a live camera and muted mic. A live camera helps to create a sense of community and will help all of us to engage effectively during our discussions. If you only unmute your mic when speaking, we can avoid feedback, unsolicited input from family, pets, and others, and random noise. If your classmates cannot see or hear you, it will be difficult to engage in course meetings actively. That will have negative implications for your grade results. Please review the Protocols for Online Meetings and Classes for more information.

Remember, if you consistently are unprepared or even underprepared, it will be very difficult to fully take advantage of our course learning environment. That lack of engagement is a lost opportunity for you and will reflect poorly when I assess your performance.

The Engagement Rubric below, adapted by Professor Sara Calhoun Davis from The Teaching Professor, forms the basis for assessing your course engagement.

Engagement Rubric

A

B

C / D

F

Peer Interaction

Actively supports, engages, and listens to peers (ongoing)

Makes a sincere effort to interact with peers (ongoing)

Limited interaction with peers

Virtually no interaction with peers

Preparation

Fully prepared for every aspect of the course

Mostly, if not fully, prepared (ongoing)

Preparation is inconsistent

Rarely or never prepared

Participation

Plays an active role in discussions (ongoing)

Participates constructively in discussions (ongoing)

When prepared, participates constructively in discussions

Comments vague if given; frequently demonstrates lack of interest

Contribution to Class

Comments advance the level and depth of dialogue

Relevant comments are based on assigned material

When prepared, relevant comments are based on assignments

Demonstrates a noticeable lack of interest on occasion

Group Dynamics

Group dynamics and level of discussion are often better because of student engagement

Group dynamic and level of discussion are occasionally better, but not worse, because of student engagement

Group dynamics and level of discussion are sometimes disrupted by student’s engagement

Group dynamics and level of discussion are often disrupted by student’s engagement

You can influence my assessment of your course engagement positively by
  • Becoming more active and/or making more effective comments that raise the overall level of discussion and set examples for others, and
  • Asking thoughtful questions that will enhance discussion and engage peers and
  • Listen carefully to, support, and engage your peers in discussion. This will essentially improve others’ learning experience.
That said, you can also influence my assessment of your course engagement negatively if you
  • Do not engage in the course regularly through attendance, preparation, and participation, even though you meet attendance requirements. Even though you may have submitted assigned work, your contribution will not have added to the course discussion or
  • Dominating discussions, thereby restricting others’ participation and
  • Disrupting others’ opportunity to listen and/or participate, or
  • Making negative, offensive, and/or disrespectful comments during discussions or
  • Violating the privacy of individuals, or
  • You may not use electronic devices such as a cell phone, tablet, or computer for personal or unrelated coursework during class unless instructed to do so. There are no exceptions.

In Class

What should you bring to class … in addition to yourself?

The COVID-19 pandemic has forced us to move to a fundamentally different set of delivery modalities, e.g., HyFlex, hybrid, remote, synchronous or unsynchronous or some combination of approaches to teaching and learning. We are increasingly working remotely in order to accomplish our work. That remote modality demands that we adjust our understanding of acceptable protocols for attendance and participation, whether a meeting or course attendance, engagement and participation.

While working together using a digital platform, e.g., Teams, Zoom, Slack, etc. it is important that you join the session with a live camera and muted mic. A live camera helps to create a sense of community and will help all of us to engage effectively during our discussions. If you only unmute your mic when speaking we can avoid feedback, unsolicited input from family, pets and others as well as any random noise. If you cannot be seen or heard by your classmates it will be difficult to actively engage in course meetings. That will have negative implications for your grade results. Please review the Protocols for Online Meetings and Classes for more information.

First, the course text or any materials required for that class are a must. It is always a good idea to buy the course text (if one is required) early in the semester. If you have not purchased the text, you will not be able to complete the reading assignments and then you will not meet my expectations related to in-class participation. That will not be good.

Next up is your device of choice (laptop, tablet, mobile) to bring to class. We will be actively using technology to search for answers to the questions raised during our discussions. Just be sure you can function in a class environment with the device you carry that day. Small screens and keyboards are occasionally difficult to work with under the wrong circumstances.

Finally, bring something to take notes. Many prefer to take notes using a device but you may prefer to use paper (a venerable technology in its own right) to take notes in class. Whatever works for you … go for it!