February 13, 2006
marrying procedure and substance
As we introduce students to adding the procedural aspect of their problem to their organizational structure, I find myself saying:
"I invite you to the marriage ceremony of substance and procedure. In the fall semester, substance was all alone, as you wrote predictive memos. This semester, substance has decided to ask procedure to be its helpmate in your court briefs, and we will be introducing you to a new method that marries these types of legal analysis."
Then I introduce the CRAC structure that has a big, procedural law CRAC, with little substantive law CRAC's within it. Then I say things like "no marriage will work if partners go their separate ways, they must work together for the benefit of the marriage. It helps substance to be a better partner when it thinks about procedure often." This may sound really goofy, but it seems to turn some lights on for some students.
Professor Melissa Marlow
Southern Illinois University School of Law
February 13, 2006 | Permalink
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