I. INTRODUCTION
Courses that are interdisciplinary in their approach to teaching
substance and skills and that include graduate students from other
disciplines can be a valuable addition to legal education. (1) In
addition to enabling students to share different perspectives, such
courses provide an ideal environment for teaching law students to
collaborate with other types of professionals. This is increasingly
essential to the effective practice of law? (2) Cross-listed courses can
also provide access to classes on subjects that are not otherwise
offered and to the expertise of faculty members from other parts of an
academic institution. Not surprisingly, such courses receive high
ratings from law students. (3)
Notwithstanding these benefits, the capacity of law schools to
offer cross-listed courses is constrained by numerous logistical and
administrative challenges. (4) Distance learning, or distance
education--the use of computers, telecommunications, and digital
networking to permit learning outside the boundaries of the
classroom--holds the potential to expand the availability of
cross-listed courses by reducing these barriers. (5) Equally important,
distance learning can provide professors of cross-listed courses with
pedagogical tools for enhancing interdisciplinary communication and
collaboration, and circumventing some of the problems inherent in
teaching students from different disciplines.
Since many law schools are physically separate from other parts of
the university, it can be difficult to find a convenient location to
hold cross-listed classes. (6) Similarly, it is often difficult to find
a suitable class time because the semester calendars and course
schedules of law schools are frequently different from other university
divisions. (7)
For law professors specifically, cross-listed courses present
unique pedagogical challenges stemming from the difficulty of teaching a
class comprised of students who are near-experts in legal analysis, the
language of the law, and the legal system, and students who are novices.
Moreover, it is crucial but extremely difficult to create an environment
in which these two groups of students, coming from different
backgrounds, professional cultures, and knowledge bases, are not
mutually intimidated. (8) Indeed, one commentator has argued that
impediments to cross-professional communication are so great that
"English-speaking members of a particular profession may in fact
communicate more clearly with non-English-speaking members of their
profession from other cultures than they do with English-speaking
persons who are not part of the profession." (9)
In a class I recently taught on public health law, I used distance
learning and evaluated its ability to: (1) facilitate teaching at
different levels to students from two disciplines; (2) enhance
interdisciplinary interaction and collaboration; and (3) reduce the
barriers associated with time and place constraints. (10)
The course, offered to law students and graduate students in public
health, presented the usual problems. The public health students, on the
one hand, had considerable academic training and employment experience
in their field, but most had never read a statute, regulation, or
judicial opinion. The law students, on the other hand, had extensive
training in legal analysis, legal process, and many relevant areas of
law, but most knew nothing about the theory, methods, and practice of
public health.
Additionally, the law and public health schools are located miles
apart and the difference between the two schools' schedules was
substantial. The law school's classes meet during the day and the
public health school holds classes at night. As a consequence, it was
impossible to schedule more than one "live" two-hour class
each week, which did not provide sufficient time to accomplish the
course's substantive and skills objectives.
The purpose of this Article is to evaluate the capacity of distance
education technology to enhance the effectiveness of cross-listed
interdisciplinary courses. It is intended to help professors use
distance education to make new and established law school courses
accessible to graduate students studying other disciplines.
Additionally, since there is little scholarship on the unique
pedagogical challenges presented by cross-listed law school courses,
this Article offers some general observations and suggestions that will
hopefully be useful to teachers of these courses, regardless of whether
or not they employ distance
II. COURSE OBJECTIVES AND PEDAGOGY
A. Live Class Pedagogy
The course's objective was not to make public health experts
of the law students or to teach the public health students to think like
lawyers. (12) Instead, it sought to facilitate interdisciplinary
collaboration by introducing each group of students to the foundational
principles, language, theoretical perspectives, and problem-solving
approaches of the other discipline. (13) Because both groups of students
intended to practice their respective professions within a
public-interest setting, (14) the course concentrated on the public
policy implications of the law (15) and provided training in
interdisciplinary collaboration within the simulated context of a
government public health agency.
Aside from separate introductory lectures delivered to each group
of students on the first day, (16) live classes were conducted using the
discussion method. Each class typically began with the explication of an
assigned statute, regulation, or case, usually by a law student
volunteer. (17) The goal of this exercise was twofold. First, it offered
the law students the opportunity to develop their ability to explain the
law in a manner accessible to novices--a skill essential to effective
collaboration with other professionals. (18) Second, the exercise
ensured that the public health students had a basic understanding of the
rights at stake in various public health conflicts and the sources and
scope of the legal protection of those rights.
Once this foundation was established, the discussion moved to the
underlying objectives, philosophy, and social, political, and economic
consequences of the judicial, legislative, or administrative solution to
a particular public health problem. Students were encouraged to consider
how the law promoted or thwarted public health objectives and to
articulate alternative legal and public health approaches.
A considerable portion of live classes was devoted to surfacing
differences and similarities between the problem-solving methodologies
of law and public health. The goal of these discussions was to identify
the distinct contributions that each discipline can make to the
formulation of public health policy. These discussions culminated in the
creation of a holistic model for generating and evaluating alternative
solutions to public health problems that incorporated the dominant
concerns and perspectives of both disciplines.
During a mid-semester class project, which was conducted partly
online and partly in the live class, interdisciplinary teams of law and
public health students employed this method to propose solutions to a
particular public health problem. (19) Students also used this
interdisciplinary methodology to problem-solve on the final exam. (20)
B. Distance Education Pedagogy
Distance education technology was employed to enhance the scope and
depth of the course's substantive coverage, increase opportunities
for and reduce barriers to interdisciplinary interaction, and remedy
specific administrative and logistical problems. Specifically, I created
a course website to enlarge the sphere of informational resources used
in the course and expedite communication with the class. (21) I also
used the course website to post the syllabi (i.e., original and
revised), announcements, reading materials, links to relevant Internet
websites, and student surveys. (22)
Asynchronous online discussion forums were used to increase
opportunities for student-to-student and student-to-teacher
communication by reducing the constraints imposed by time and space. In
addition to limited live class time, geography and scheduling conflicts
made it virtually impossible for the law and public health students to
get together to discuss assigned readings outside of class. To alleviate
this problem, and to provide an additional opportunity for students to
benefit from each other's expertise, I posted two discussion forums
each week in advance of the live class--one on legal issues and the
other on public health issues. (23) Each week one or two law and public
health students were assigned to be "on-call experts,"
responding to questions or initiating discussions in their respective
forums. The primary purpose of these pre-class discussions was to enable
each group of students to obtain answers to basic questions about the
other discipline in an expedient manner. Additionally, the pre-class
discussion environment was intended to be less intimidating than the
live class. (24) Equally important, the pre-class forums provided an
opportunity for both groups of students to function as experts in their
respective fields and explain concepts to novices. (25)
Post-class online discussion forums were used to compensate for the
limited amount of live class time. After every class, I initiated and
closely supervised an asynchronous discussion to explore issues in
greater depth, cover additional topics, and analyze hypothetical
problems. Also, I hoped these discussions, in addition to expanding
course coverage, would encourage participation amongst students who
found the live classroom intimidating. (26)
E-mail was used to increase student-teacher interaction and to
compensate for my own unavailability to the public health students. (27)
E-mail allowed students to discuss any questions they had regarding the
material. It also offered a means of communicating with me that was
perhaps less daunting than meeting after the live class, and more
private than posting a question on a pre- or post-class discussion
forum. (28)
III. THE EFFECTIVENESS OF DISTANCE EDUCATION AT ENHANCING
CROSS-LISTED LAW SCHOOL COURSES
Distance learning technology can be used in cross-listed courses to
increase opportunities for interdisciplinary interaction and
collaboration, meet students' disparate educational needs and
desires, maintain student engagement, and overcome certain logistical
and administrative problems. The specific techniques I used, and their
varying degrees of success, are discussed below.
A. Facilitating Interdisciplinary Interaction and Creating a Safe
Learning Environment
The success of cross-listed courses largely depends on the
willingness of students from both disciplines to engage in an open and
multidimensional exploration of the subject. Given the vast differences
in the professional cultures and languages of individual disciplines, it
is a considerable challenge to create a learning environment in which
students from both disciplines feel sufficiently comfortable to share
their perspectives and experiences, openly question the opinions and
assumptions of the other discipline, and express their own opinions
about an unfamiliar subject in the presence of a group of experts. In my
course, I was particularly concerned that the public health students
would be reluctant to ask questions and express opinions regarding the
law due to the presence of a law professor and second- and third-year
law students who significantly outnumbered them. (29)
Additionally, when different kinds of professionals work together,
gaps in basic knowledge about the other discipline frequently need to be
filled. Therefore, an important aspect of training in interdisciplinary
collaboration is learning when and how to ask "dumb" questions
about an unfamiliar subject and, equally important, learning how to
answer "dumb" questions about one's own area of
expertise. (30) A non-threatening learning environment is crucial to
achieving these goals.
Some of the distance education techniques I used to facilitate
interdisciplinary interaction succeeded, while others failed. For
example, the course website allowed students from both groups to
exchange informational resources and background materials easily.
Throughout the semester, significant numbers of students from both
groups came forward with documents or Internet URLs intended to fill
apparent gaps in other students' knowledge, or facilitate a more
sophisticated understanding of a topic discussed in the live class. The
public health students often posted articles containing epidemiological
data on a particular subject, while the law students posted law review
articles supporting a position taken during the live class or providing
helpful background information. The course website also enabled students
from each group to share documents and create links related to subjects
not covered in the course, but of particular interest to them.
Post-class discussion forums were effective at breaking down
barriers to interdisciplinary communication and increasing the ability
of each group to benefit from the other's expertise and
perspectives. In particular, the post-class forums succeeded at engaging
a few additional public health students in class discussions. One of
these students reported that he preferred to participate online because
he sometimes felt intimidated by the law students in the live class.
Another public health student said that, when participating online, he
was less afraid that others would disagree with his opinions.
Additionally, some students from both groups were more willing to
discuss controversial subjects and express unpopular opinions online.
(31) For others, the post-class forums seemed to provide a more
comfortable environment in which to share aspects of their background or
personal experience.
In contrast, the pre-class discussion forums did not achieve their
objective. While these forums did enable a few students from both groups
to obtain answers to basic questions and share their expertise, very few
students participated. (32) There seemed to be two reasons for this.
First and more significantly, students did not experience the pre-class
forums as a non-threatening environment that enabled them to ask
"dumb" questions about new concepts. Indeed, several students
reported finding the prospect of writing a question for public display
to be more intimidating than raising it orally in class. (33) Second, a
number of students found posting questions on the pre-class forum, in
addition to reading the assigned material and perhaps participating in a
post-class online discussion of material covered previously, to be too
great a burden. (34)
Information overload likewise reduced student participation in the
online component of the class project. (35) Despite being cajoled by
team leaders, very few students from either group participated in the
small-group discussion forums. While the web-based part of the class
exercise on interdisciplinary collaboration did not succeed, the live
class component elicited a high degree of enthusiastic class
participation. (36)
B. Teaching at Different Levels and Maintaining Student Engagement
One of the most formidable challenges of teaching a cross-listed
course is making the material accessible and challenging to both groups
of students. (37) Except during discussions and exercises that draw
equally on the expertise of all students, each group in such a course is
generally on very different footing when the principles of one or the
other discipline are being covered. This requires the professor to find
ways to meet the basic educational needs of novice students, while
satisfying the appetite of experts who desire a more sophisticated
inquiry. (38)
In a traditional law school class, professors generally address the
needs of students at different levels by teaching to the middle, on the
theory that this will satisfy the largest number of students. In
cross-listed courses, however, this tactic is generally precluded
because there are two groups of students with completely different
backgrounds and bases of knowledge. To meet the expectations of novices,
who desire an understanding of a discipline's basic principles or
methodology, and experts, who desire more complexity, it is often
necessary to alternate between teaching at an elementary level and
teaching at a more sophisticated level.
Distance education technology provides a number of tools for
teaching at different levels. For example, online discussion forums
permit more or less sophisticated discussions of the same material
simultaneously. After each live class, I initiated several discussion
threads on the post-class forum that were deliberately targeted to
students at different levels. For the novices, I often posted a problem
that required the application of a new legal or public health concept to
a relatively straightforward set of facts. At the same time, to engage
the experts, I posted a complex problem or controversial comment about
the same material. This multilevel approach, which is not available in
the traditional classroom, usually succeeded at eliciting the
participation of students at different levels.
In addition, the course website significantly enlarged the realm of
informational resources that could be employed to meet students'
different educational needs and appetites. If the public health students
were having difficulty understanding a new legal concept, I could
quickly respond by posting a device to assist them (39) or by creating
links to other web-based resources. (40) Similarly, if students
demonstrated an interest in exploring a subject in greater depth or
learning about topics not covered in the course, I could make
appropriate resources available on the website.
Finally, the course website generally increased my own capacity and
willingness to respond to students' apparent and expressed needs.
For example, the website made it extremely convenient to communicate
with the entire class, add or eliminate assigned readings, and alter the
course's focus. Therefore, I was far more agreeable than I would
have been in a traditional class to modify the pacing of the course or
alter the amount of time devoted to a specific topic.
Distance learning technology also provides a number of tools for
reducing the risk of student disengagement. In any course,
students' level of engagement rises and falls according to whether
the material and class discussions are below, equal to, or beyond their
level of knowledge and analytical competence. This is especially the
case in a cross-listed course, where the risk of student withdrawal is
heightened because of the need to teach at different levels.
Distance education technology allows for the rapid integration of
real-world developments into the course, which can give novices an
incentive to master complex concepts and motivate experts to revisit
familiar concepts in a new and timely context. New judicial opinions,
regulations, and relevant news stories can be announced and posted on
the course website and scheduled for discussion in the same week they
appear.
The use of technology also increases opportunities for students to
personalize a course's content and collaborate with the professor
on shaping its direction and focus. In my course, both the law and the
public health students, after only a few live classes, began
communicating with me via e-mail to suggest topics they wished the
course to address. (41) Usually these were subjects of particular
interest to them, or subjects in which they had some special expertise.
The e-mails often included attached documents or links to relevant
Internet websites.
In a traditional course, a professor's capacity to respond to
such suggestions is constrained by limited class time and the burden of
having to reproduce and distribute additional reading materials.
Distance education technology considerably reduces those constraints. In
my class, for example, every document and link suggested by students was
made available to the class as a whole. Those with a special interest or
background in a particular subject simply posted the relevant documents
or Internet links on the course website and initiated a related online
conversation in a general discussion forum. (42) Because of the
flexibility offered by the technology, students were far more involved
in shaping the course's pace, method, and direction. As the
semester progressed, this ability to influence the course content
seemed, by itself, to enhance student engagement.
C. Reducing Time Constraints and Administrative Burdens
Post-class discussion forums were an effective substitute for
additional live class time, enabling me to cover topics excluded from
the live class because of time constraints and enabling the students to
discuss issues in greater depth. The quality of the post-class
discussions was equal to, and sometimes superior to, that of the live
class. Indeed, comments, questions, and responses were often more
detailed and thoughtful. These forums provided the essential educational
elements of the live classroom: instructor supervision, instructor
feedback on student comments, and the opportunity to respond to other
students' contributions.
The post-class forums even offered certain educational benefits not
available in the classroom. For example, they provided students with
more time to reflect on questions or comments, the opportunity to
consult the textbook or other materials, and the challenge of writing
clear and well-reasoned comments. Online discussions of hypothetical
problems tended to be more successful than those in the live class
because students had more time to absorb the facts, reflect, and
formulate a response. Online problem solving seemed particularly helpful
to the public health students, because they were more likely to
encounter principles and terms that were completely unfamiliar.
Unlike some users of online discussion forums, however, I did not
observe significant differences between students who participated in the
live class and those who participated online. (43) While the post-class
forums did succeed at engaging a few additional public health students,
for the most part, those students in both groups who were most active in
the live class also tended to be most active online, and those who
rarely participated in the live class rarely participated online. (44)
The online discussions did not succeed at engaging the few students from
both groups who almost never participated in the live class. These
students almost never participated online, apparently because writing
for a public forum was as intimidating to them as speaking in class.
Distance education technology also significantly reduced the
administrative burdens associated with the course. In fact, without the
benefit of this technology, these burdens would have been overwhelming.
In particular, the course website provided a means of communicating with
both groups of students about re-scheduling classes or changes in
syllabus that was far more rapid and convenient than placing notices in
students' mailboxes or on bulletin boards at the two schools. (45)
Finally, the course website streamlined the distribution of reading
materials. Instead of reproducing hard copies and physically
transporting them to the live class, I simply downloaded documents onto
the course website or created an Internet link. The availability of
documents on the course website also made it easy for students who were
absent from the live class to stay abreast of assignments and obtain
reading materials assigned for the next class.
IV. CONCLUSIONS AND RECOMMENDATIONS
Courses that bring law students together with students from other
professional schools provide an exciting environment for teaching
interdisciplinary collaboration and exploring the contributions that
other disciplines can make to the solution of legal problems. While
cross-listed courses present considerable pedagogical, logistical, and
administrative challenges, many of these challenges can be significantly
reduced by the use of distance education technology.
Specifically, course websites provide an easy means of increasing
the number and range of informational resources available to address
students' different educational needs and focus the course on new
developments. These websites also enable students to share information
with each other and collaborate on shaping the focus of the course. In
addition, online discussion forums effectively compensate for limited
live class time and increase the opportunities for students from
different disciplines to share their perspectives and experiences.
Post-class discussion forums, in particular, can be used to cover
additional topics, address issues in greater depth, analyze hypothetical
problems, promote discussions of class material targeted to meet
students' different needs, and elicit the participation of
additional students.
In my experience, online discussion forums were less effective at
aiding class preparation by providing a means for students from
different disciplines to ask each other questions. As a general matter,
the students did not experience these forums as a less intimidating
environment in which to ask basic questions about new material.
Moreover, they found the pre-class online discussions to be excessively
time-consuming when combined with reading assignments and other online
work.
The following are some additional observations and recommendations
for teachers of cross-listed courses and users of distance education.
First, it is important to enroll roughly equal numbers of students from
both disciplines in a cross-listed course. The presence in my class of a
disproportionate number of law students made it considerably more
difficult for some public health students to take part in both the live
and online discussions.
Second, class exercises in which interdisciplinary teams of
students work together on a problem are highly effective at breaking
down cultural and communication barriers and enabling students to get
the benefit of each other's expertise. These collaborative projects
should be used several times during the semester, ideally at the
beginning, middle, and end.
Third, it is unrealistic to expect students to engage in more than
one online discussion forum at a time, and online discussions that are
initiated and supervised by the professor seem to elicit more and
higher-quality student participation than those overseen by students. In
my class, both the pre-class discussion forums and the online component
of the class exercise would probably have elicited greater student
participation had I been more involved in their management and had they
been the only online activity in which students were expected to engage.
(46) Additionally, students might have felt more comfortable using the
pre-class forums to obtain answers to their basic questions about the
other discipline if they had been able to post their questions
anonymously.
As a final note, the American Bar Association's
("ABA") new standard on distance education should greatly
facilitate the use of this technology in cross-listed law school
courses. (47) Under previous temporary guidelines, absent prior ABA
approval, law students could not receive credit for an entire course, or
any portion thereof, that was conducted online, unless the transmission
was sent and received at a facility that had a law faculty, student
body, and library in residence. (48) This facilities-based limitation
precluded law students from obtaining course credit for online work done
away from a law school, such as in their homes. (49) The effect of the
temporary guidelines on my course was that the law students could obtain
only two credits for the course, which corresponded to the credit hours
of the live class, while the public health students, who were not
subject to a comparable restriction, received three credits, including
one credit for online work. (50) As a result, the law students
experienced the workload, which included mandatory participation in the
online component, as exceeding the two credits allocated to the
course--and, of course, they were correct.
This problem is alleviated under the ABA's new standard, which
permits law students to receive credit for distance education courses.
Under the new standard, a law school may award credit for distance
education courses if their content, pedagogy, and student-evaluation
method are approved as part of the school's regular curriculum
approval process. (51) Credit for such a course may count toward meeting
a student's required instruction time in regularly scheduled
classes at the law school if the course includes "ample interaction
with the instructor and other students both inside and outside the
formal structure of the course throughout its duration; and . . . ample
monitoring of student effort and accomplishment as the course
progresses." (52) Credits for distance education courses that do
not meet these requirements are counted toward the remaining minutes of
study that are permitted for courses outside the law school. (53)
While the ABA's new standard permits law students to receive
credit for distance education coursework, it places two additional
limitations on courses in which two-thirds or more of the instruction
consists of distance education, (54) First, these courses may not
account for more than four credit hours of a student's course load
in any semester, or more than a total of twelve credit hours toward a
law degree. (55) Second, students may not enroll in these courses until
they have earned twenty-eight credit hours toward their degree. (56)
Courses, such as mine, that rely less extensively on distance education
are not subject to these limits.
(1.) See Janet Weinstein, Coming of Age: Recognizing the Importance
of Interdisciplinary Education in Law Practice, 74 WASH. L. REV. 319,
340 (1999) (explaining that interdisciplinary courses help to overcome
the traditional tendency of legal education to be narrowly focused,
confined to linear thinking, and to send the implicit message that other
disciplines are unimportant to solving legal problems); Linda R. Crane,
Interdisciplinary Combined-Degree and Graduate Law Degree Programs:
History and Trends, 33 J. MARSHALL L. REV. 47, 65 (1999) (explaining
that cross-professional education exposes students to socialization
systems, occupational cultures, and ideologies that may differ
dramatically from their own); Randy Frances Kandel, Whither the Legal
Whale: Interdisciplinary and the Socialization of Professional Identity,
27 LOY. L.A.L. REV. 9, 19 (1993) ("Interdisciplinary nourishment
vitally engages students in the continuous reconceptualization of the
relationships among themselves, the profession, the law, its users, and
the broader social and moral order."); Phillip Areeda, Always a
Borrower: Law and Other Disciplines, 1988 DUKE L.J. 1029, 1043 (1988)
("We need lawyers ... who can use the learning of other disciplines
to formulate and revise legal rules and to apply them to the uncertain
reality in which we live.").
(2.) See Weinstein, supra note 1, at 322 (explaining that law
schools should train lawyers to be creative problem solvers, which
necessitates learning how to collaborate with other professionals);
Leigh Goodmark, Can Poverty Lawyers Play Well with Others? Including
Legal Services in Integrated, School-Based Service Delivery Programs, 4
GEO. J. ON FIGHTING POVERTY 243, 244 (1997) (stating that addressing the
needs of poor clients requires utilizing skills of people from various
disciplines and developing interdisciplinary and holistic approaches);
Cyril M. Harris & Albert J. Rosenthal, The Interdisciplinary Course
in the Legal Aspects of Noise Pollution at Columbia University, 31 J.
LEGAL EDUC. 128, 128 (1981) (explaining that all types of legal practice
require understanding and working with experts from other fields).
(3.) See David B. Wilkins, Redefining the `Professional' in
Professional Ethics: An Interdisciplinary Approach to Teaching
Professionalism, 58 LAW & CONTEMP. PROBS., Summer & Autumn 1995,
at 241, 254-55 (1995) (explaining that law and medical students enrolled
in a cross-listed course on professionalism gave the course high ratings
with many students stating that it was the best course they had taken);
Harris & Rosenthal, supra note 2, at 132 (stating that students are
generally pleased with course cross-listed in law and engineering
schools). I also received very positive feedback on my course.
(4.) Heidi Gorovitz Robertson, Methods for Teaching Environmental
Law: Some Thoughts on Providing Access to the Environmental Law System,
23 COLUM. J. ENVTL. L. 237, 259-60 (1998) (stating that numerous
institutional barriers discourage law professors from providing an
interdisciplinary environmental law course).
(5.) See generally Stephen M. Johnson, www.lawschool.edu: Legal
Education in the Digital Age, 2000 WIS. L. REV. 85, 92-100 (2000)
(describing the use of distance learning technologies in legal
education); Henry H. Perritt, The Internet is Changing the Face of
American Law Schools, 33 IND. L. REV. 253 (1999) (discussing use of
distance learning in legal education).
(6.) See Robertson, supra note 4, at 259-60 (explaining that
isolation of law schools within university communities is a barrier to
interdisciplinary education); Kandel, supra note 1, at 11 ("[L]aw
school buildings have traditionally been isolated from the mainstream of
campus life--some are literally miles away, others are self-contained
systems.").
(7.) See Robertson, supra note 4, at 260 (explaining that
variations between calendars of law schools and other schools within the
university is a significant barrier to offering interdisciplinary
courses); Wilkins, supra note 3, at 258 ("[T]he difficulty of
finding a time for an interdisciplinary course that is even minimally
convenient to all interested parties is daunting in the extreme.").
(8.) Weinstein, supra note 1, at 330 (explaining that differences
among professionals' knowledge, language, skills, methods,
attitudes, values, and cultures impede effective cross-professional
collaboration).
(9.) Id. at 329.
(10.) Public health law explores the legal, ethical, and public
policy issues that arise when government restricts and compels
individual and corporate behavior to reduce public health risks. See
generally LAWRENCE O. GOSTIN, PUBLIC HEALTH LAW: POWER, DUTY, RESTRAINT
(2000); NEW ETHICS FOR THE PUBLIC'S HEALTH (Dan E. Beauchamp &
Bonnie Steinbock eds., 1999); KENNETH R. WING, THE LAW AND THE
PUBLIC'S HEALTH (2nd ed. 1985). Courses on public health law are
increasingly appearing in medical schools, graduate programs in public
health, and law schools.
(11.) There are numerous articles describing cross-listed courses.
See Weinstein, supra note l, at 354-56 (describing course offered to law
and social work students); Robertson, supra note 4, at 250-54
(describing cross-listed courses on environmental law); Wilkins, supra
note 3, at 251-57 (describing course on professionalism offered to law
and medical students); Harris & Rosenthal, supra note 2, at 129-31
(describing course on noise pollution that was offered to law and
engineering students).
(12.) See Weinstein, supra note l, at 352 (explaining that the goal
of interdisciplinary education should be to train lawyers to work with
professionals from other disciplines rather than to become experts in
other disciplines that are implicated in their work). See Harris &
Rosenthal, supra note 2, at 133 (stating that the primary objective of a
course on noise pollution open to law and engineering students was to
teach skills related to interdisciplinary collaboration); Francis C.
Cady, A Successful Experiment in Interdisciplinary Teaching and
Learning, 27 J. LEGAL. EDUC. 609, 609 (1975) (explaining that the
primary goal of the course on juveniles and the law, which included law
and social work students, was to counteract the antagonism that is
frequently evident when members of these professions encounter each
other in family court proceedings).
(13.) Reading materials included a textbook on public health law
that was uniquely suited to a cross-listed course because, unlike
traditional law school casebooks, its perspective was interdisciplinary
and its style accessible to readers with no legal training. The text was
supplemented with original legal materials, such as statutes,
regulations, and cases; secondary materials that described or critiqued
the law; and articles from public health journals.
(14.) The mission of both CUNY's law and public health schools
is to train students to work in the public interest.
(15.) The course concentrated on federal constitutional law and the
scope of state authority under the police power. It also examined
alternative legal approaches to reducing particular public health risks,
specifically: infectious disease, tobacco, guns and violence, workplace
health hazards, urban environmental threats, excessive use of antibiotic
medications, and obesity.
(16.) My lecture to the public health students covered the federal
and state legal systems, an overview of the legal process, and how to
read a case. A member of the public health school's faculty
introduced the law students to the basic theories, methods, and
objectives of public health.
(17.) By the end of the semester, several public health students
felt sufficiently self-confident to assume this role.
(18.) See Weinstein, supra note 1, at 331 (explaining that learning
how to translate the specialized jargon of a profession is an important
skill for interdisciplinary collaboration).
(19.) The subject of the class project was the excessive use of
antibiotic medications by doctors and patients, which leads to the
emergence of drug-resistant bacteria and undermines the ability of
medicine to successfully treat infectious diseases. For the exercise,
interdisciplinary teams of law and public health students were assigned
to analyze this public health problem from the perspective of a
particular population group, such as patients, doctors, or drug
manufacturers. Each team was asked to identify how its group contributed
to the problem, the underlying motivations for these behaviors, and the
legal and public policy measures that would encourage positive behavior
and deter negative behavior. Each team presented its recommendations to
the class.
(20.) For the final take-home exam, students were given background
materials on the causes and consequences of increased obesity among the
U.S. population, and were asked to propose and evaluate a set of legal
and public policy recommendations.
(21.) Course websites may serve a variety of purposes. See
generally Diana R. Donahoe, Bridging the Digital Divide Between Law
Professor and Law Student, 5 VA. J.L. & TECH. 13, 76 (2000); Michael
A. Geist, Where Can You Go Today?: The Computerization of Legal
Education From Workbooks to the Web, 11 HARV. J.L. & TECH. 141,
164-69 (1997).
(22.) I used surveys to ascertain students' backgrounds and
their reactions to various aspects of the course. The latter, as well as
my conversations with students about the course, form the basis of the
observations, conclusions, and recommendations contained in this
Article.
(23.) Additionally, the pre-class discussion forums were intended
to help me prepare the live classes by identifying aspects of the
assigned readings that students found particularly difficult.
(24.) See Donahoe, supra note 21, at 30 (suggesting that law
students feel more comfortable asking questions of an expert online).
(25.) Since the course was primarily about law, it was especially
important to provide as many opportunities as possible for the public
health students to function as experts.
(26.) A number of commentators have asserted that online discussion
forums increase student participation in class discussions by providing
an environment that is less intimidating than the traditional classroom.
See, e.g., Shelley Ross Saxer, One Professor's Approach to
Increasing Technology Use in Legal Education, 6 RiCH. J.L. & TECH.
21, 26 (2000) (stating that online discussions offer students who
hesitate to participate in class discussions an opportunity to share
their ideas); Richard Warner, Stephen D. Sowle, & Will Sadler,
Teaching Law With Computers, 24 RUTGERS COMPUTER & TECH. L.J. 107,
150 (1998) (explaining that students who lack confidence to participate
in classroom may feel more comfortable participating online); Geist,
supra note 21, at 170 (explaining that online discussions elicit
participation from shy or withdrawn students); Robert H. Thomas,
"Hey, Did You Get My E-Mail?" Reflections of a Retro-Grouch in
the Computer Age of Legal Education, 44 J. LEGAL EDUC. 233, 240 (1994)
(arguing that some students, who are otherwise uncommunicative, may
participate in electronic communication because it lacks
"oppressive physical or social climate of the law
classroom.").
(27.) For reasons of convenience, all live classes were held at the
public health school. Since I did not maintain an office in this
building, I was there only to teach the two-hour live class.
(28.) See Richard A. Matasar & Rosemary Shiels, Electronic Law
Students: Repercussions on Legal Education, 29 VAL. U. L. REV. 909, 929
(1995) (explaining that e-mail promotes spirit of collaboration among
faculty and students); Thomas, supra note 26, at 238 (explaining that
e-mail communication between teacher and student is efficient,
convenient, and less intimidating than face-to-face meetings).
(29.) Course enrollment included sixteen law students and eleven
public health students.
(30.) See Weinstein, supra note 1, at 338 ("A professional
needs to be able to ask other professionals what might appear to be
`dumb' questions. By doing so, we can clarify whether others are
relying upon inappropriate assumptions and move all professionals
involved to a more creative level of interaction.").
(31.) See Robert M. Lloyd, Investigating a New Way to Teach Law: A
Computer-Based Commercial Law Course, 50 J. LEGAL EDUC. 587, 590 (2000)
(explaining that students feel more comfortable expressing opinions
online than in traditional classes).
(32.) Instead, students who had questions about the reading
material tended to e-mail me, approach me before the live class, or
raise their questions during class.
(33.) I chose not to permit students to post anonymous comments or
questions on the online discussion forums. In retrospect, I believe this
may have deterred some students from participating.
(34.) See Johnson, supra note 5, at 120 ("As faculty make more
information and instructional tools available to students, students may
face information overload.").
(35.) See id.
(36). A number of law and public health students reported that the
class exercise was highly effective at facilitating interdisciplinary
interaction and collaboration, and for this reason was their favorite
part of the course. See also Harris & Rosenthal, supra note 2, at
132 (describing class projects in which teams of law and engineering
students worked together as the most successful and enjoyable part of
the course).
(37.) See Harris & Rosenthal, supra note 2, at 132 (observing
that instruction in either discipline in cross-listed course tended to
be either too simplistic for students in the same field or over the
heads of students in the other).
(38.) Teachers of a cross-listed course for law and engineering
students approached this problem by teaching to the lowest common
denominator of both groups of students. See Harris & Rosenthal,
supra note 2, at 130 ("Because of the presence of students from
both schools, and the diversities in the prior training of even those
from the same school, instruction in fundamentals was structured on a
lowest-common-denominator basis.").
(39.) For example, early in the semester it became clear that the
public health students needed additional guidance on how to read and
understand judicial opinions. In response, I posted a checklist designed
to insure that they focused on the portions of cases that were most
relevant to our discussions.
(40.) As the semester progressed, it became apparent that the
public health students found it especially difficult to read and
understand statutes and regulations. I addressed this problem by posting
secondary materials on the course website or creating Internet links to
administrative agencies that contained useful background information and
explanations of statutes and regulations designed for readers without
legal training.
(41.) I have never received so many suggestions from students
regarding topics they would like covered in class. I interpreted this as
further evidence that students experienced e-mail as a less intimidating
way to communicate with me.
(42.) A few weeks after the course had begun, I created a general
discussion forum for students to discuss the documents and links that
they posted on the course website.
(43.) See Lloyd, supra note 31, at 590.
(44.) Several of the most active live class participants were less
active in online discussions. The most common reasons were a lack of
time and slow Internet connections.
(45.) Of course, the effectiveness of this means of communicating
with students from both groups depends upon their taking the initiative
to periodically check the course website for announcements.
(46.) See also Harris & Rosenthal, supra note 2, at 133
(finding that close collaboration between students from two schools on
projects outside of class may be difficult to achieve without close
faculty supervision).
(47). See American Bar Association Standards for Approval of Law
Schools, Chapter 3 Standards, at
http://www.abanet.org/legaled/standards/chapter3.html (last visited Jan.
26, 2003) (on file with the Rutgers Computer & Technology Law
Journal). Standard 306, which the ABA approved in August 2002, defines
distance education "as an educational process characterized by the
separation, in time or place, between instructor and student. It
includes courses offered principally by means of: (1) technological
transmission; ... (2) audio or computer conferencing; (3) video
cassettes or discs; or (4) correspondence." Id. at Standard 306(b).
(48.) See ABA's Temporary Guidelines on Distance Learning, at
http://www.abanet.org/legaled/distanceeducation/distance.html (last
visited Jan. 26, 2003) (on file with the Rutgers Computer &
Technology Law Journal).
(49.) Id. (stating that "delivery of course work to a
person's home or office would generally not be in
compliance.").
(50.) The ABA's temporary guidelines also create a barrier for
cross-listed law school courses that were co-taught by members of a
graduate school faculty by prohibiting law students from receiving
credit for online course work that was transmitted from a
co-teacher's institution.
(51.) Supra note 47, at Standard 306(a).
(52.) Id. at Standard 306 (c)(1) & (2). Under Standard 304, law
schools must require the successful completion of 56,000 minutes of
instruction time as a condition of graduation. Id. at Standard 304. At
least 45,000 of these minutes shall be by attendance in regularly
scheduled class sessions at the law school conferring the degree. Id.
(53.) The standards permit 11,000 minutes of study at courses
outside the student's law school. See id. at Standard 305(a).
(54.) Id. at Interpretation of Standard 306-3.
(55.) Id. at Standard 306(d).
(56.) Id. at Standard 306(e).
Paula E. Berg, Associate Professor, City University of New York Law
School. Thanks to Kristin Booth Glen, Mary Lu Bilek, Sue Bryant, Bob
Seibel, and John Farago for their assistance with the development of my
course, "Public Health Law," which was co-offered in Spring
2001 at City University of New York Law School and Hunter College's
School of Health Sciences, Urban Public Health Program. Both programs
are part of the City University of New York (CUNY). The course was
offered under the auspices of CUNY's Graduate Urban Professional
Program (GUPP), which seeks to facilitate interdisciplinary
collaboration among professionals by offering courses that bring
together graduate students from different disciplines. I am especially
grateful to Nicholas Freudenberg, the Director of the Urban Public
Health Program, whose guidance and support were invaluable, and to Larry
Gostin for generously providing me with the unpublished manuscript of
his excellent public health textbook. Last, but not least, thanks to
Gina Goldstein for her editing and unending patience.
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