Challenges in Teaching Remedies

Abstract

This article discusses the challenges of teaching Remedies. The main challenge is that remedies cases cover a wide range of substantive law subjects (such as antitrust and securities law) that the students probably do not understand and the professor may not know well due to lack of teaching experience in those substantive law areas. This problem can be exacerbated in a course like Advanced Remedies, in which a single area of substantive law is the focus, if the professor has never taught a course in that subject before. An additional challenge is that it can be difficult to explain and understand the conflicts between substantive and remedial policies supported through the award of remedies in the cases covered. The law school curriculum itself can also present challenges to the Remedies professor, especially if Remedies is offered as a required course that most students take in their final semester of law school to help prepare for the bar exam. This can result in a large class of disengaged, minimally interested students and a lack of compelling class discussions. The article concludes by suggesting that Remedies professors use focused rules-based discussions and supplementary class materials (a summary of class notes, basic rules, case applications, and problem illustrations) to overcome these challenges.

Keywords: remedies, teaching, law professor, law school, pedagogy, classroom, lecture, curriculum, class materials, remedial policies, teaching, instruction