DATE DOWNLOADED: Sat Mar 11 16:35:13 2023 SOURCE: Content Downloaded --- rom HeinOnline Citations: Bluebook 21st ed. Seth C. Oranburg & David D. Tamasy, Corporations Hybrid: A COVID Case Study on Innovation in Business Law Pedagogy, 56 WILLAMETTE L. REV. 363 (2020). ALWD 7th ed. Seth C. Oranburg & David D. Tamasy, Corporations Hybrid: A COVID Case Study on Innovation in Business Law Pedagogy, 56 Willamette L. Rev. 363 (2020). APA 7th ed. Oranburg, S. C., & Tamasy, D. D. (2020). Corporations Hybrid: COVID Case Study on Innovation in Business Law Pedagogy. Willamette Law Review, 56(3), 363-396. Chicago 17th ed. Seth C. Oranburg; David D. Tamasy, "Corporations Hybrid: A COVID Case Study on Innovation in Business Law Pedagogy," Willamette Law Review 56, no. 3 (Summer 2020): 363-396 McGill Guide 9th ed. Seth C. Oranburg & David D. Tamasy, "Corporations Hybrid: A COVID Case Study on Innovation in Business Law Pedagogy" (2020) 56:3 Willamette L Rev 363. AGLC 4th ed. Seth C. Oranburg and David D. Tamasy, 'Corporations Hybrid: A COVID Case Study on Innovation in Business Law Pedagogy' (2020) 56 Willamette Law Review 363. MLA 8th ed. Oranburg, Seth C., and David D. Tamasy. "Corporations Hybrid: A COVID Case Study on Innovation in Business Law Pedagogy." Willamette Law Review, vol. 56, no. 3, Summer 2020, p. 363-396. HeinOnline. OSCOLA 4th ed. Seth C. Oranburg & David D. Tamasy, 'Corporations Hybrid: A COVID Case Study on Innovation in Business Law Pedagogy' (2020) 56 Willamette L Rev 363 -- Your use o --- this HeinOnline PDF indicates your acceptance o --- HeinOnline's Terms and Conditions o --- the license agreement available at https://heinonline.org/HOL/License -- The search text o --- this PDF is generated --- rom uncorrected OCR text. -- To obtain permission to use this article beyond the scope o --- your license, please use: Copyright In --- ormation CORPORATIONS HYBRID: A COVID CASE STUDY ON INNOVATION IN BUSINESS LAW PEDAGOGY SETH C. ORANBURG AND DAVID D. TAMASY* I. Introduction ........................................................................... 364 II. Law School Teaching Methods............................................368 A. The Socratic Method ............................................... 370 1. Socratic Strengths .............................................. 370 2. Socratic Weaknesses ............................................... 371 B. The Flipped Method ................................................ 373 C. The Hybrid Method ................................................ 375 III. Creating a Hybrid Class ...................................................... 376 A. Videos........................................................................377 1. Storyboarding.....................................................378 2. Video Methods...................................................380 a. Editing Live Class Recordings.......................381 b. Green Screen Recordings ............................ 382 3. Voice-Over Recordings ..................................... 383 4. Why We Edited Existing Class Video Recordings ......................................................... 384 5. Recording So --- tware ........................................... 385 6. Editing Your Video............................................386 7. Our Experience Editing Each Video..................386 8. Uploading Your Videos ..................................... 387 9. Outlining the Video............................................389 B. Technology-Mediated Learning Activities................390 D. Discussion Boards and Targeted Socratic Dialogue391 IV. Conclusions.........................................................................392 .Seth C. Oranburg is an Assistant Pro --- essor o --- Law at Duquesne University School o --- Law. David Tamasy was a student at Duquesne Law who graduated spring o --- 2020. We thank Jan Levine --- or his insight --- ul comments and Bridget Praskovich --- or her help --- ul edits. Special thanks to Duquesne University School o --- Law --- or supporting our e --- --- orts in creating the Corporations Hybrid Course, and, most importantly, thanks to all the students --- or patience and --- eedback as we brought our course online amid the COVID-19 crisis. 363 364 WILLAMETTE LAW REVIEW [56:363 I. INTRODUCTION This Article is about using "asynchronous" online technology synergistically with in-class experiences and "synchronous" live- distance education sessions. It --- ocuses on creating instructional videos because great videos are essential --- or online learning.' This Article also discusses creating digital teaching assets --- or active learning such as --- ormative assessments, learning journals, and discussion boards. The authors o --- this paper are a law pro --- essor and his --- ormer student and teaching assistant. We worked together --- or two years to innovate and implement many technological enhancements in Corporations class. We created and deployed a "Hybrid" course in which students per --- ormed "asynchronous" technology-mediated learning activities be --- ore class and then engaged in "synchronous" dialogue and group discussion during class time. This Article contains our report on our methods and the results. Hal --- way through the semester, the coronavirus pandemic swept the world, and we suddenly changed in-person class time to "synchronous" Zoom meetings. Surprisingly, the course adapted remarkably well to this online Hybrid --- ormat. We realized that combining asynchronous technology-mediated learning with synchronous or live experiences resulted in a more impact --- ul course. The --- aculty author also used Hybrid Method techniques to bring his Contracts course online in response to the COVID-19 emergency. We determined to write up a case study on our experiences with mixed modality teaching. We hope to help other teachers decide whether and how to create and deploy "digital teaching assets" in their own classes. This is a good time to think about changing one's teaching. Technology has disrupted many industries,2 including higher education. 3 The COVID-19 pandemic --- urther disrupted higher 1. Wen-Jung Hsin and John Cigas, Short Videos Improve Student Learning in Online Education, 28 J COMPUT. SCI. COLL. 253-259 (2013); Milos Ljubojevic et al., Using Supplementary Video in Multimedia Instruction as a Teaching Tool to Increase E --- --- iciency o --- Learning and Quality o --- Experience, 15 INT'L REV. RES. OPEN AND DIST. LEARN. 275-291 (2014); Cynthia J. Brame, E --- --- ective Educational Videos: Principles and Guidelines --- or Maximizing Student Learning --- rom Video Content, 15 CELL BIO. LIFE SCI. EDU. 1-6 (2016). 2. See generally CLAYTON CHRISTENSEN, THE INNOVATOR'S DILEMMA: WHEN NEW TECHNOLOGIES CAUSE GREAT FIRMS TO FAIL (Harv. Bus. Rev. Press, 1997). 3. See generally HENRY C. LUCAS, TECHNOLOGY AND THE DISRUPTION OF HIGHER EDUCATION (world Sci. Pub. Co., 2016). 2020] CORPORATIONS HYBRID 365 education. 4 In March 2020, over 1,102 colleges and universities in the U.S. and at least 14 million students suddenly moved to online classes. 5 Early surveys showed that 56.7% o --- primary school teachers were not prepared to --- acilitate remote learning,6 whereas colleges and universities were much better prepared.7 Thanks to prior adoption o --- technologies such as learning management systems8 and university investments in educational technology, 9 only 2.9% o --- college and graduate students reported that their schools closed --- or the remainder o --- the academic year,1 0 and --- ewer than 10% --- elt their school was not handling the crisis well." Online learning passed this trial by --- ire, but "well-planned online learning experiences are meaning --- ully di --- --- erent --- rom courses o --- --- ered online in response to a crisis or disaster." 2 In other words, surviving is di --- --- erent than thriving.1 3 Surviving a crisis is obviously important, but thriving despite challenging circumstances is even better.1 4 As we ask 4. Scott Galloway, How Covid-19 Is Accelerating the Disruption o --- Higher Education, MEDIUM.COM, https://marker.medium.com/the-pandemic-will-reshape-higher-education-c8d3 ala52be8 (Apr. 5, 2020). 5. Abigail Hess, How Coronavirus Dramatically Changed College --- or Over 14 Million Students, CNBC.COM (Mar. 26, 2020), https://www.cnbc.com/2020/03/26/how-coronavirus- changed-college- --- or-over-I4-million-students.html. 6. ClassTag, Special Report: How Teachers are Turning to Technology amid COVID-19 School Closings, (2020), https://home.classtag.com/remote-report/. 7. Derek Newton, Here's How the Selling o --- Online Education Will Change, FORBES.COM (Apr. 1, 2020, 12:20 PM), https://www. --- orbes.com/sites/dereknewton/2020/04/01/heres-how- the-selling-o --- -online-education-will-change/#7ade l e364381. 8. JASON RHODE ET AL., UNDERSTANDING FACULTY USE OF THE LEARNING MANAGEMENT SYSTEM, 21 ONLINE LEARN. 68-86 (2017) ( --- inding that 99% o --- higher education instructions have a learning management system in place). 9. See, e.g., Duquesne Univ., Edu.Tech., https://www.duq.edu/academics/resources-and- technology/educational-technology (last visited July 11, 2020). 10. Will Patch, Impact o --- Coronavirus on Students' Academic Progress and College Plans, NICHE PARTNERS (March 25, 2020), https://www.niche.com/about/enrollment- insights/impact-o --- -coronavirus-on-students-academic-progress-and-college-pans/. 11. Id. 12. Charles Hodges et al., The Di --- --- erence Between Emergency Remote Teaching and Online Learning, EDUCAUSE REVIEW (March 27, 2020), https://er.educause.edu/articles/ 2020/3/the-di --- --- erence-between-emergency-remote-teaching-and-online-learning. 13. Anna Akbari, Surviving vs. Thriving, PSYCHOLOGY TODAY (Dec. 16, 2019), https://www.psychologytoday.com/us/blog/startup-your-li --- e/201912/surviving-vs- thriving#:-:text=Surviving%20is%20a%20grim%20struggle,Thriving%20is%20joy --- ul%20and %20in --- ectious (explaining that "surviving is a drag, a daily slog," whereas "[t]hriving is joy --- ul and in --- ectious."). 14. For See Once on This Island, Waiting --- or Li --- e Music Video, YOUTUBE (Sept. 26, 2018), https://www.youtube.com/watch?v=tSsgkT5Z9F4& --- eature=youtu.be (an inspiring 366 WILLAMETTE LAW REVIEW [56:363 whether institutes o --- higher education will even be open until 2021,15 we tech-savvy teachers should be preparing and planning --- or teaching online in Fall 2020 and beyond. The time o --- coronavirus is not the --- irst time that higher education was disrupted,1 6 and it is unlikely to be the last.17 There --- ore, this Article strives to provide suggestions on developing digital teaching assets that aid learning in many contexts. Even without a worldwide crisis to create a "moment" --- or online education,1 8 scholars have suggested a multitude o --- potential bene --- its --- rom technology-mediated education.1 9 One o --- the most compelling reasons --- or law pro --- essors to adopt educational technology in law school is to engage new law students in --- irst-year doctrinal courses. 20 In our opinion, technology provides unparalleled ability to connect musical interpretation o --- operating in survival mode), please view Ti Moune, Youtube (Sep. 26, 2018), https://youtu.be/tSsgkT5Z9F4. 15. Adam Harris, What I --- Colleges Don't Reopen Until 2021?, THE ATLANTIC (April 24, 2020), https://www.theatlantic.com/politics/archive/2020/04/will-colleges-b-open- corona virus/610657/. 16. See e.g., Jake Maher, Closing Schools Saved Lives During the Spanish Flu. Can It Work --- or Coronavirus?,EDUCATION WEEK (April 27, 2020), https://www.edweek.org/ew/ articles/2020/03/04/closing-schools-saved-lives-during-the-spanish.html; Michal David Cohen, The War Goes to College, NEW YORK TIMES (Oct. 8, 2012, 2:16 PM), https://opinionator.blogs.nytimes.com/2012/10/08/the-war-goes-to-college/ (discussing how the Civil War caused colleges to close); Zoe Altaras, The May 1970 Student Strive at UW, U. WASH. Crv. RTS. & LAB. HIST. CONS. (2013), https://depts.washington.edu/antiwar/mayl970 strike.shtml (describing how the Vietnam War contributed to civil unrest on college campuses). 17. Although we can and should make e --- --- orts to mitigate pandemics in the --- uture, disruptive war and disease are unlikely to abruptly end in the near --- uture. See Susan Desmond- Hellmann, Preparing --- or the Next Pandemic, THE WALL STREET JOURNAL (April 3, 2020, 2:01 PM), https://www.wsj.com/articles/preparing- --- or-the-next-pandemic-11585936915. 18. Emily Bary, This Is Online Education's Moment as Colleges Close During Coronavirus Pandemic, MARKET WATCH (March 18, 2020, 5:43 PM), https://www.marketwatch.com/story/this-is-online-educations-moment-as-colleges-close- during-coronavirus-pandemic-2020-03-17. 19. As early as 2010, scholars recognized that technology-mediated education could: (1) provide pre-entry support and aid early transition --- or new learners; (2) enhance social interaction and community integration; (3) o --- --- er opportunities to build skills in writing, reading, critical thinking, math, individually to help level-set peer groups; (4) improve communication with --- aculty, sta --- --- , and peers; (5) maintain engagement through rich Web 2.0 learning environments; (6) attract new audiences and increase student inclusivity and diversity; (7) create more student- centered learning approaches; (8) leverage "digital native" skills to con --- orm education with the "online li --- estyle o --- the "next generation;" (9) enhance and support traditional instruction; (10) identi --- y "at risk" students and direct them to student support via "early warning systems;" and (11) involve academic sta --- --- in the learning experience. See Ruth Le --- ever & Becka Currant, How Can Technology be Used to Improve the LearnerExperience at the Points o --- Transition?(2010), http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.467.6946&rep=rep 1 &type=pd --- . 20. E.g., Timothy J. McFarlin, Using Open-Source, CollaborateOnline Reading to Teach Property, 64 St Louis U. L.J. 355 (2020). Z, {: --- '-Y) ?i .?i --- 3 : ? b t --- )t W Fh udi' idUai students in a iu'g 6as- and gkt early Wi : g ,Na:;lmp : ,- ,k dnls Adsdionalv. UO:tsKd. de ? as, uppset.d6nts rinz t 'o rcce to slCe structured i torn3%a --- I-o d hc,"a sac sar'. t eintz. p'a't ~ me. and nztradnionaI V tudEnt'; ¾sp'ia V b 'zd 1itrnt the Fl xite' p\' i --- OtOn a msst itZCC CaisY Despite these Dmst da ben' , is any te± h: --- ers i. e)ne rn e`d about £Ft$siF, si n?" t.}t'c hn to teah ha o --- s LwS s are otktaerse ct!w. M'r>n tvie iaety~ ,LKi.,e F'u' esnecil iii o suit -e notaKl 4ch~ 1 n~ a-- t ,nson --- l w was tarnous i illstatd by Z rouFchao N-arx Ola . tth ah. epresident hiprested i aproosare t .. ; LC \Fer- s u t --- lPK ~s in the movie R-oose eathers: -1 don't care what they ` have to i s no Tee anywa! W atev it is n as 1'3 te'?ite --- acul.t- _iTUIt be-.sF a -SIkC :3i sO? ia :.4cI£' .:\n, chanue. istead asking: 'here l ri sl,- y i w;eoZ ia the evidence to shoss thsc ne0W hods really h s eser e ese nee ne tl-dsr ractia to Ktt n'nm' K. 5t p 544d' qadao 01U~suw 5>.-S?, -.' ' A'$'...- .. , t . - '>( cm", MA .G TiG- iNNG6U( 4 Ma e C3 368 WILLAMETTE LAW REVIEW [56:363 employ? Is my school technologically ready to adopt these changes? Am I ready?" These are reasonable question which this Article makes no attempt to answer. Instead, this Article is written --- or the growing portion o --- --- aculty who either see the merits o --- enhancing their pedagogy with technology-or who recognize the existential necessity to do so-and who are looking --- or advice about how to accomplish this laudable goal. This Article hopes to make one signi --- icant contribution by explaining how the Socratic Method and the Lecture Method can both be employed strategically to create a more optimal experience online. We call this mashup the "Hybrid Method." In our limited experience o --- bringing Corporations online, we --- ound that strategic application o --- both these time-tested teaching methods have synergies when combined in certain ways. Moreover, we --- ound that this teaching method works both online and in person. Given the uncertainty regarding in-person education this Fall 2020 semester, and perhaps in the --- uture, --- lexible pedagogy that works well online and in person is worth investing in. I --- you value digital teaching, this Article will share tips and pit --- alls about how to create valuable digital teaching assets and deploy them in a variety o --- learning environments. This Article is not intended to contribute to the discussion on whether the Socratic Method or the Flipped Method is "better" in some normative sense. But it is necessary to review what we perceive as strengths and weaknesses o --- both be --- ore we explain how we integrated them in our Hybrid Method. There --- ore, the section that --- ollows is a brie --- , but hardly authoritative, review o --- two contrasting pedagogical methods --- or teaching law. II. LAW SCHOOL TEACHING METHODS The traditional paradigm --- or teaching law is the so-called Socratic method. 25 In a 1996 survey --- unded by the Institute --- or Law School Teaching, 26 97% o --- --- irst-year law teachers and 93% o --- upper-level law teachers used the Socratic Method.27 At that time, less than 10% o --- 25. Steven I. Friedland, How We Teach: A Survey o --- Teaching Techniques in American Law Schools, 20 Seattle U. L. Rev. 1, 12 (1996). 26. The Institute is part o --- Gonzaga University School o --- Law and is run by Pro --- essor Gerry Hess. The Institute publishes The Law Teacher twice a year, o --- --- ers several grants --- or teaching related projects, and conducts an annual con --- erence on current ideas and issues in law teaching. Id., at note 5. 27. Id. at 27. 2020] CORPORATIONS HYBRID 369 class time was used --- or small group discussions, role playing, and other learning activates. 28 In 2018, students still expect to be taught via the Socratic Method. 29 Even though the method has been --- requently criticized, it remains relevant and recognized --- or its particular ability to teach lawyering skills and concepts that are not easily communicated. 30 A traditional pedagogical alternative --- or law school is the Lecture Method. Although its use is common, its passive-learning approach may not be a particularly e --- --- ective way to students to absorb legal in --- ormation.32 Concerns about the quality o --- education that relies on the Lecture Method are widespread. 33 Empirical evidence suggests that a pure lecture method is pedagogically ine --- --- ective-especially online. 34 Apparently, boring class lectures are even more boring online! To be more precise, the assumption that in --- ormation being delivered via a lecture is received by the students may be misguided. 35 Accordingly, we will not --- ocus on lecture methods in this paper. 28. Id. 29. See Gregory Marsden Gregory, Doing Law School Wrong: Case Teaching and an Integrated Legal Practice Method, FACULTAD LIBRE DE DERECHO DE MONTERREY 5 (November 15, 2018), https://papers.ssm.com/sol3/papers.c --- m?abstractid=3284875 ("US law students expect to be taught using the LSCM [Law School Case Method], and its use may be seen as the hallmark o --- a serious law school course."). 30. Id at 2. 31. In a 1996 survey o --- law teachers, 94% reported they use the Lecture Method at least some o --- the time, and 16% reported using it most o --- the time, even though "reliance on the lecture method (or entirely on any other method, --- or that matter) is not all that e --- --- ective in light o --- the di --- --- erent ways students learn." Friedland, supra note 25. 32. Id.; see also Mamata Chimmalgi, Interactive Lecture in the Dissection Hall: Trans --- orming PassiveLecture into a Dynamic LearningExperience, 12 ANATOM ICAL SCI. EDU. 191-199, 192 (2018) (observing that didactic lecture, while common, may be ine --- --- ective --- or learning because lectures --- ail to engage the attention o --- the learners i --- used merely to transmit the readily accessible --- acts, or i --- the instructional goals involve modi --- ication o --- attitudes or development o --- thinking skills. Lectures may be perceived as authoritative, instructor- centered, monotonous, and content- dense, making the students --- eel disinterested, distracted, and dissatis --- ied.). 33. See Andrew Coleman et al., Flipping Business Law Units in Challenging Times: FlippingMad or Engaging a Better Pedagogy? (2018), https://papers.ssrn.com/sol3/papers.c --- m ?abstract id=3247355 (citing studies showing low "quality" o --- the educational services that rely on the Lecture Method, challenging passive learning through a didactic lecture as --- ailing to engage students or improve learning, observing reduction in student numbers attending lecture- based classes). 34. Diane Kraal, Legal Teaching Methods to Diverse Students Cohorts: A Comparison Between the United Kingdom, the United States, Australia andNew Zealand, 47 CAMBRIDGE J. OF EDUC. 389 (2017). 35. Friedland, supra note 25, at 29. 370 WILLAMETTE LAW REVIEW [56:363 We --- ocus on the Flipped Method. 36 The Flipped Method 37 prioritizes active learning experiences, juxtaposed with short lectures. The Flipped Method o --- ten relies on students watching out-o --- -class video lectures, 38 which this article discusses creating. A. The Socratic Method Many law school pro --- essors choose to employ the Socratic Method o --- teaching. For those whose lives have been centered around legal academia --- or some time, the concept o --- the Socratic Method is not a new concept. Additionally, neither is the debate centered over whether academia should continue to use the Socratic Method in law school. Certainly, the Socratic Method possess strengths and weaknesses --- rom both a student's and pro --- essor's perspectives. What --- ollows are our opinions o --- pro and con o --- the Socratic Method --- rom an online teaching and learning perspective. 1. Socratic Strengths One advantage o --- this method --- or students is that it stimulates motivation. 39 Socratic dialogue may have another bene --- it: --- ear motivates them to prepare --- or questioning.40 Thus, the core strength o --- the Socratic Method --- or students may be its ability to motivate and prepare them --- or a question and answer dialogue during class time. In addition to encouraging motivation and class preparedness, economic e --- --- iciency has allowed the Socratic Method to continue to be used throughout law schools in the United States. Many pro --- essors believe that because --- irst-year law school class sizes range --- rom 60 to more than 100 students, the Socratic Method remains an economical and e --- --- ective way to instill the necessary skills one needs to practice law. 4' Additionally, most o --- the teaching supplements and text books 36. See, e.g., Amy Rochi et al., The Flipped Classroom: An Opportunity to Engage Millennial Students Through Active Learning Strategies, 105 J. OF FAM. & CONSUMER SCI. 44 (2013). 37. Rochl, supra note 36, at 45. 38. Fezile Ozdamli & Gulsum Asiksoy, Flipped Classroom Approach, 8 WORLD J. ON EDUC. TECH. 98, 100-01 (2016). 39. See Patricia Mell, Taking Socrates'Pulse, 81 MICH. B. J. (2002) 46, 46 (according to one survey cited by the author, only 30 percent o --- the --- irst-year pro --- essor respondents used the Socratic method the majority o --- the time; in upper classes, 94 percent o --- the respondents lectured at least some o --- the time.). 40. Id. 41. Id. (a discussion o --- the e --- --- ect o --- the Socratic Method on student psychology). 2020 ] CORPORATIONS HYBRID 37 1 have been cra --- ted to teach to the style o --- the Socratic Method. 42 As stated by two prominent pro --- essors, "the Socratic method has allowed large numbers o --- students [to be taught] at relatively little expense --- or instruction and materials." 43 Thus, given that many o --- the course materials on the market today encourage the continuation o --- the Socratic Method, law schools and their --- aculty --- ind little incentive in adapting to a new learning approach because it does not appear to be cost e --- --- ective.44 The third advantage o --- the Socratic Method is the --- amiliarity pro --- essors have with this method.4 5 Many pro --- essors themselves, particularly those --- rom elite law schools, were taught in law school through the use o --- the Socratic Method and have used this method since they began to teach. The com --- ort level that it instills allows them to believe they can e --- --- ectively teach a large number o --- students complex and dense material in a matter o --- weeks. 46 2. Socratic Weaknesses While the Socratic Method boasts many strengths, it also contains many critical --- laws. There is signi --- icant criticism regarding the --- ear the Socratic Method engenders among students entering law school. Critics argue that the Socratic Method can --- oster alienation and a lack o --- sel --- -con --- idence in students through its cold calling approach. 47 Generally, many --- irst-year law students are intimidated as they enter into a classroom o --- as many as one hundred people, most o --- whom they have never met be --- ore. They are generally un --- amiliar with the complex and dense legal material and do not understand the process o --- analyzing it. Yet, once they are called upon by the pro --- essor, they must engage in a lengthy question and answer session, knowing that all o --- their --- ellow students are staring directly at them. This additional pressure generally 42. Jamie R. Abrams, Re --- raming the Socratic Method, 64 J. LEGAL EDUC. 562 (2015). 43. See, e.g., Michele R. Pistone & John J. Hoe --- --- ner, No Path But One: Law School Survival in an Age o --- Disruptive Technology, 59 WAYNE L. REV. 192, 211 (2013). 44. Id. 45. See Deborah L. Rhode, Missing Questions:Feminist Perspectiveson Legal Education, 45 STAN. L. REV. 1547 (1993) (noting that the Socratic method has not changed universally because --- or some --- aculty the Socratic method just works well). 46. Id. 47. See Christopher M. Ford, The Socratic Method in the 21st Century, U.S. MIL. ACAD. (2008), https://www.westpoint.edu/sites/de --- ault/ --- iles/inline-images/centers_research/center_ --- or_techingexcellence/PDFs/mtpproject_papers/Ford_08.pd --- (highlighting the psychological pressures and overwhelming anxiety attributed to the Socratic Method). 372 WILLAMETTE LAW REVIEW [56:363 leads to limited responses and can cause students to no longer participate in class discussions out o --- --- ear o --- embarrassment. The second weakness o --- the Socratic Method is that it does not 8 truly test what is taught throughout the semester.4 Again, as stated previously, in most --- irst-year law school courses, each class --- ocuses on the reading and analysis o --- judicial opinions. Students are taught to analyze each case using a method known as IRAC. This acronym stands --- or issue, rule, analysis, and conclusion. Time and again, students are asked to identi --- y the issue the court cites in its opinion and observe which --- acts are most relevant to answering the question presented by the issue. Then, students must locate and distill the relevant rules that the court applies these --- acts. They also need to explain the relevant analysis which the court discusses in its opinion and discuss what the court conclusion was. A --- ter the student "on call" seems to understand the case, the pro --- essor will press that student to nimbly change his or her analysis based on subtle shi --- ts in the --- acts. At the extremes, some pro --- essors will continue to twist and turn the hypothetical until the student can no longer make sensible arguments, 49 leaving the student to wriggle like a --- ish on a line. When using the Socratic Method, pro --- essors must select cases very care --- ully. Depending on the age o --- the case, students may never get through all o --- the steps that IRAC requires o --- them and instead 50 become bogged down in ancient legal terminology. Likewise, i --- a 51 case is long and complex, students may have great di --- --- iculty preparing --- or class by reading it, as they will be unsure what aspects are important. When --- aced with such di --- --- icult cases, students are more 48. Debora L. Threedy & Aaron Dewald, Re-Conceptualizing Doctrinal Teaching: Blending Online Videos with In-Class Problem-Solving, 64 J. LEGAL EDUC. 605, 606 (2015). 49. The Iowa State Bar Association, The Paper Chase, YOUTUBE (Aug. 12, 2011), https://youtu.be/qx22TyCge7w (the extreme version o --- the Socratic Method is illustrated by Pro --- essor Kings --- ield (played by John Houseman) in The PaperChase (1973)). 50. See, e.g., Taylor v. Caldell, 122 Eng. Rep. 309 (K.B. 1863) (This case actually states the rule o --- law in Latin! "Accordingly, in the Civil law, such an exception is implied in every obligation o --- the class which they call obligatio de certo corpore. The rule is laid down in the Digest, lib. XLV., tit. 1, de verborum obligationibus, 1. 33. 'Si Stichus certo die daripromissus, ante diem moriatur: non tenetur promissor.' The principle is more --- ully developed in 1.23. 'Si ex legati causa, aut ex stipulatu hominem certum mihi debeas: non aliter post mortem ejus tenearis mihi, quam si per te steterit, quominus vivo eo eum mihi dares: quod ita --- it, si aut interpellatus non dedisti, aut occidisti eum."') Most students are simply not going to learn the rule o --- law --- rom this case. 51. See, e.g., Citizens United v. Fed. Election Comm'n, 558 U.S. 310 (2010) (The decision is over 180 pages long, including the syllabus and dissents). While this case is important to discuss, assigning it as reading prior to a Socratic dialogue will overwhelm most students. 2020 ] CORPORATIONS HYBRID 373 likely to skip casebook reading altogether and instead merely read the case brie --- --- rom a paid study aid company like Quimbee.5 2 Thus, a --- ter an entire semester o --- learning this process and per --- ecting their IRAC skills, students are well reasoned in their belie --- that their --- inal examination will consist o --- analyzing a case using IRAC.53 However, upon opening their examination booklet, students --- ind something completely di --- --- erent and --- oreign: an essay requiring them to solve a complex legal problem with multiple issues embedded in the problem. Thus, many pro --- essors and students have continually voiced concerns that the Socratic Method does not adequately prepare students --- or the examinations that pro --- essors create, or the likely scenarios that they would experience in the day-to-day legal pro --- ession. B. The FlippedMethod Given these weaknesses, law pro --- essors who are hoping to break away --- rom the dreaded shackles o --- the Socratic Method are most likely wondering about alternatives to the Socratic Method. One o --- the newer learning methods is known as the Flipped Method. The Flipped Classroom is more than a shi --- t in pedagogical philosophy --- rom the teacher as the provider o --- in --- ormation to the teacher as a --- acilitator o --- sel --- -directed or "active" learning. Pedagogy in which students gain their --- irst exposure to the material prior to class is not new, even i --- it is sometimes presented as novel. 54 What is new, however, is the use o --- the internet to provide learning activities (videos, podcasts, quizzes, tests, discussion boards, peer-reviewed essays, etc.) outside o --- the classroom. As the term is used in this essay, the Flipped Classroom re --- lects both the shi --- t in pedagogy to the teacher as --- acilitator o --- sel --- -directed student learning and the use o --- internet technology to do s.5 52. "Quimbee is a company hell-bent on one thing: helping you get an 'A' in every course you take in law school, so you can graduate at the top o --- your class and get a high-paying law job. We're not just a study aid --- or law students; we're the study aid --- or law students." QUIMBEE, About, https://www.quimbee.com/about (last visited July 3, 2020). 53. Threedy, supra note 48, at 607 (2015). 54. See Mystica M. Alexander, The Flipped Classroom:Engaging the Student in Active Learning, 35 J. OF LEGAL STUD. EDUC. 277 (2018). 55. See, e.g., Zhang Jinlei et al., Introducinga New Teaching Model: Flipped Classroom, 4 J. OF DISTANCE EDUC. (2012) ("A --- lipped classroom is a classroom that swaps the arrangement o --- knowledge imparting and knowledge internalization comparing to traditional classroom. In the --- lipped classroom, the roles o --- teachers and students have been changed and the class time should have a new plan. In --- ormation technology and activity learning construct an individuation and cooperative learning environment --- or learners to create new learning culture."). 374 WILLAMETTE LAW REVIEW [56:363 Using the Flipped Method makes a bold assumption that students have achieved the --- irst stages o --- learning through readings or videos be --- ore coming to class. In our experience, however, this o --- ten did not turn out to be the case, especially --- or struggling students who have lower class ranks and grade point averages. While upper-level students in Corporations class generally understood why they were asked to read rules and watch lectures about doctrinal law be --- ore coming to class, they did not pay su --- --- icient attention to the out-o --- -class materials. First- year students --- ared even worse. Especially at the beginning o --- the --- irst semester o --- IL, many students do not how to read or understand legal rules. Perhaps due to "expert blind spot,"5 6 pro --- essors may incorrectly assume that students will be able to success --- ully complete out-o --- -class assignments. Thus, the core weakness o --- the --- lipped classroom is that the tools to prepare --- or class are passive instruments. Many students reported that as they were preparing --- or class by watching the videos, they were also multitasking with household chores, such as --- olding laundry or making dinner. This problem was exacerbated --- or students with day jobs, childcare obligations, and other "distractions." Students were not --- ully engaged in learning the out-o --- -class material. I --- the pro --- essor attempted to --- lip the classroom and engage in a meaning --- ul discussion on a certain subject, the students were not always prepared to do so. We initially sought to overcome this inherent weakness o --- --- lipping the classroom by creating more engaging out-o --- -class materials, as described in the "Videos" section immediately below. But we quickly learned that we needed to pair the videos with active learning experiences. Students tended to skip even the most engaging videos and readings when presented with something more pressing. We set about developing a course structure that would encourage the out-o --- - class work so we could elevate the level o --- in-class discussion. The Hybrid Method arose --- rom this goal. 56. Expert blind spot is where teachers who have great subject matter expertise are less likely to understand students' actual knowledge development processes. Such teachers may assign higher-order learning activities based on --- aulty belie --- s about student's knowledge base and cognitive ability. Mitchell J. Nathan et al., Expert Blind Spot: When Content Knowledge Eclipses Pedagogical Content Knowledge, CARNEGIE MELLON U.: PACT CENTER, http://pact.cs.cmu.edu/pubs/200l_NathanEtAlICCSEBS.pd --- (last visited July 3, 2020). 2020] CORPORATIONS HYBRID 375 C. The Hybrid Method When we were tasked with creating an "online" Corporations class, we created a new style o --- learning that we herein describe as the Hybrid Method. The Hybrid Method seeks to optimize the blend o --- Socratic Method and Flipped Method in an online learning environment. To accomplish this, the Hybrid Method juxtaposes passive and active learning experiences. Passive learning including reading cases, watching videos, and taking notes in class. Active learning includes brie --- ing cases, writing journal entries, and engaging in Socratic dialogue. Both passive and active learning occur in both the online and in-class or live "synchronous" (e.g., Zoom) environment. This makes transitioning between asynchronous, synchronous, and live class smoother and easier --- or students. Connecting online and in-person learning experiences requires some specialized teaching materials. The next section will discuss how to create "digital teaching assets" (videos, quizzes, threads, etc.) and how to deploy them strategically; and then --- ocuses on why these assets are worth creating. Some digital assets like multiple choice quizzes are sel --- -grading. This provides two bene --- its. First, students get instant --- eedback on their per --- ormance-even in a large class. This helps students sel --- -assess how well they understand the material. Additionally, the testing e --- --- ect means that students who take more --- ormative assessments per --- orm better on the summative assessment.57 In other words, simply taking quizzes is valuable --- or learning. Second, by reading students' posts online and checking their completed assignments, instructors can better rely on the assumption that the students have a baseline knowledge be --- ore class begins. This provides new opportunities --- or "early detection" o --- at-risk students, which can be combined with early intervention to help struggling students get the support they need to succeed. Additionally, pro --- essors can use live and in-person student interaction to get a qualitative "gut check" on whether a small quantitative sample o --- low per --- ormance merits --- aculty intervention. Hybrid discussion boards are another way to use technology- mediated learning to --- acilitate more meaning --- ul class discussions. By having access to what students had written outside o --- class, we were able to identi --- y those students who had shown interest in a speci --- ic 57. Mark A. McDaniel et al., Testing the Testing E --- --- ect in the Classroom, 19 EUROPEAN J. OF COGNITIVE PSYCHOL. 494 (2007). 376 WILLAMETTE LAW REVIEW [56:363 topic and engage them in a Socratic dialogue. In addition, we knew that these students would be com --- ortable discussing a particular topic because they had already written about the topic be --- ore class. Thus, because they had already shown a certain level o --- understanding, they were very e --- --- ective in engaging in a Socratic discussion. We called this a "Targeted Socratic" approach. This became most help --- ul in promoting class discussions and encouraged the students who were leading the discussion to be more con --- ident in their knowledge o --- Corporate law. This is distinctly di --- --- erent --- rom the general Socratic Method o --- picking a student at random to lead a class discussion, where the pro --- essor is o --- ten as surprised as the students at how con --- using a random dialogue can be. A third --- eature o --- the Hybrid Method is that it allows --- or shorter or --- ewer class sessions. By moving much o --- the class work into an online --- orum, we were able to take advantage o --- the recent ABA rule changes which allow --- or a reduction o --- one-third o --- live class time. 5 8 Overall, students greatly appreciated this reduction in class time. Because this class is taught to a majority o --- evening section students, many work a --- ull day in a downtown o --- --- ice, attend evening classes, and then return home and care --- or their children or loved ones. This class model o --- allowing students to work on a majority o --- class projects out o --- a live class setting certainly helped to reduce stress in their lives. The remaining sections o --- this essay will show the reader the steps to build a --- lipped classroom as well as the challenges and successes that we came to encounter. III. CREATING A HYBRID CLASS The Hybrid Method requires, at a minimum, three things: (A) learning experiences that take place outside o --- class, (B) --- ormative assessments which evaluate and provide --- eedback regarding what was learned be --- ore class, and (C) an in-person class or other live (e.g., synchronous online) experience where students are challenged to think critically. The combination o --- passive and active learning experiences 58. "A distance education course is one in which students are separated --- rom the --- aculty member or each other --- or more than one-third o --- the instruction." AM. BAR ASS'N SECTION OF LEGAL EDUC. & ADMISSIONS TO THE BAR, ABA STANDARDS AND RULES OF PROCEDURE FOR APPROVAL OF LAw SCHOOLS § 306 (A) (2019-2020). There --- ore, a course in which at least two- thirds o --- the instruction is in person is not a distance education course, so --- aculty are --- ree to convert up to one-third o --- class time to asynchronous learning activities, so long as those activities involve "regular and substantive interaction among students and between the students and the --- aculty member." Id. 2020] CORPORATIONS HYBRID 377 out o --- class prepare the students to engage in both learning modalities in the classroom, too. The predominant out-o --- -class juxtaposition o --- learning experiences includes passive learning like reading cases and essays and watching video lectures and active learning like quizzes, essays, journal entries, video blogs, discussion boards, or even group projects. Most i --- not all --- aculty are already --- amiliar with assigning out-o --- - class reading, so this Part will not address that. Most --- aculty are also --- amiliar with writing quizzes and tests, and there are other ample resources on how to write e --- --- ective multiple-choice questions,59 essay tests,60 and other --- ormative and summative assessments. Instead, Subpart A will --- ocus on creating videos --- or students to watch online "asynchronously" (on their own time). As mentioned above, the Hybrid Method encourages juxtaposing passive learning activities like videos with online learning activities. We --- ound that journals were a particularly e --- --- ective learning activity to pair with video content. Subpart B brie --- ly discusses how we encouraged students to activate their learning by journaling about their passive learning experiences. We also learned that reading students' journals, and, to an even greater extent, their discussion board posts gave instructors use --- ul and timely insights into students' ideas and interests. We were then able to --- ocus questions and answers and even light Socratic dialogue on students who were prepared to share insight --- ul comments. This made the Socratic experience more pleasant and productive, not just --- or the student being examined, but also --- or the rest o --- the class who watched in person and, later, online. Subpart C explains how we constructed discussion board questions that were more likely to elicit thought --- ul student comments that translated to meaning --- ul classroom dialogue. A. Videos Pedagogically e --- --- ective videos are not just text read aloud with images. There is an entire literature on balancing visual and auditory content with narration, graphics, and animations. 6 1 We cannot relay that entire literature in this brie --- Article. Rather, this Article will --- ocus 59. See generally Susan M. Case & Beth E. Donahue, Developing High-QualityMultiple- Choice Questions --- or Assessment in Legal Education,58 J. LEGAL EDUC. 372 (2008). 60. E.g., Kenney F. Hegland, On Essay Exams, 56 J. o --- Legal Educ. 140, 140-48 (2006). 61. Richard E. Mayer, E-LEARNING AND THE SCIENCE OF INSTRUCTION 120 (4th ed. 2016). 378 WILLAMETTE LAW REVIEW [56:363 on what we learned --- rom the literature and --- rom experimentation with di --- --- erent video concepts as applied to law school courses. When creating a hybrid class, it is essential to create crisp, short, and clear videos so that your students can retain the in --- ormation that you want to convey. There is a --- air amount o --- debate, however, as to what constitutes a "short" video. General online pedagogic theory would suggest that --- our-to-eight-minute videos are ideal. 62 But law topics are not always so easily simpli --- ied. We --- ound --- or some topics that videos up to 20 minutes were e --- --- ective. Shorter is generally better regarding videos. Be --- ore delving right into the video making process, start o --- --- by taking a look at your class syllabus and the overall content o --- the class. From your past experiences teaching this class, which areas were challenging to explain, and which areas were easier to explain? Also, take a look at what you want to begin teaching on day one. What in --- ormation do you think you would like to convey in the videos or discuss in class? Use these pedagogical re --- lections to create a --- ramework --- or your slides and notes (together, your "Storyboard"). Once your Storyboards have been created, the next step is choosing how to record your videos. Generally, there are three popular options that you can choose --- rom to record your videos: editing live class recordings, creating and editing new green screen recordings, and recording voice-over-PowerPoint videos. 1. Storyboarding A --- ter consulting your initial class syllabus and determining what content you wish to start with, the next step in making a class video is to begin to Storyboard. 63 Storyboarding is concept adapted --- rom --- ilm and digital media production, but we dramatically simpli --- ied it --- or our preparation o --- instructional videos. The simplest e --- --- ective storyboard requires only that you break down your lesson into its elements or an 62. See Video Length, PEW RES. CTR. (July 16, 2012), https://www.joumalism.org /2012/07/16/video-length/. 63. For the importance o --- creating a Storyboard be --- ore developing a video, see Dan B. Goldman, et al., Schematic Storyboard --- or Video Visualization and Editing, 25 ACM TRANSACTIONS ON GRAPHICS 294 (2004); see also Khai N. Truong et al., Storyboarding: An Empirical Determinationo --- Best Practicesand E --- --- ective Guidelines, PROCEEDINGS OF THE 6 TH CONFERENCE ON DESIGNING INTERACTIVE SYSTEMS 12-21 (2006). However, those articles discuss a much more sophisticated type o --- storyboard --- or pro --- essional video editing. We did not --- ind much literature on simple text-based storyboarding --- or law school teaching videos, hence our desire to contribute to that literature with this article. 2020] CORPORATIONS HYBRID 379 outline --- orm. For experienced pro --- essors who have taught a speci --- ic subject year a --- ter year, it is not necessary to prepare a detailed script like a movie, just a general outline will do. Once you begin recording your video and --- ollowing the outline you have prepared, the words will come naturally. I --- , however, you pre --- er more structure, we o --- --- er some tips on how to create a script. I --- you have recorded a class, there are many ways to generate a transcript --- rom that recording. The simplest is using Arti --- icial Intelligence solutions o --- --- ered by web services such as YouTube, 64 Trint, 65 and Watson 66 Alternatively, you can use a "Mechanical Turk" 67 hired through Amazon Web Services, 68 or employ a research assistant to transcribe your videos. I --- you record your video as a voice-over power point, you might put the outline or script as the notes --- or each slide. I --- you record a green screen video, you might instead load your script onto teleprompter so --- tware. 69 Your recording --- ormat will to some extent dictate how you write your Storyboard, outline or script. But, regardless o --- the details o --- your Storyboard and its application, there are some general rules to keep in mind. Empirical studies o --- e-Learning consistently show that lessons must be broken down into bite-size segments. 70 We developed a work --- low that helped divide up lessons e --- --- iciently. First, we edited transcripts down to equal 800-1000 words. Additionally, content was either deleted or cut and pasted into the script --- or a new lesson. Second, we broke each transcript into at least --- our sections and wrote section headers. We aimed to have between 100 and 200 words in each section. 64. See Thorin Klosowski, Use You Tube --- or Instantand Free Transcription,LIFEHACKER (Jan. 28, 2018, 5:30 PM) https://li --- ehacker.com/use-youtube- --- or-instant-and- --- ree-transcription- 1510745702. 65. TRINT, https://trint.com/ (last visited July 16, 2020). 66. IBM, https://www.ibm.com/cloud/watson-speech-to-text (last visited July 15, 2020) (o --- --- ering a speech-to text program using deep learning Al algorithms). 67. How It Works, AMAZON MECHANICAL TURK, https://www.mturk.com/how-it-works (last visited July 15, 2020). 68. A WS Free Tier, AMAZON WEB SERVICES, https://aws.amazon.com/ --- ree/ --- ree-tier/ (last visited July 15, 2020). 69. For a list o --- teleprompter so --- tware options, see, e.g., 7 Best Teleprompter Apps, ADORAMA LEARNING CENTER (Dec. 24, 2018), https://www.adorama.com/alc/7-best- teleprompter-apps. 70. RICHARD E. MEYER & CELESTE PILEGARD, PRINCIPLES FOR MANAGING ESSENTIAL PROCESSING IN MULTIMEDIA LEARNING: SEGMENTING, PRETRAITING, AND MODALITY PRINCIPLES, 203-10 (Richard E. Meyer ed., 2d ed. 2014) (discussing the "segmenting principle"). 380 WILLAMETTE LAW REVIEW [56:363 Once again, shorter is better. At a normal speaking pace, it will take you 10 minutes at most to read this transcript. This is the maximum length --- or a generally e --- --- ective video lesson. On occasion, you might need to go longer, and that is okay. In our experience, adult learners who are highly motivated can absorb video in --- ormation --- or up to 20 minutes. This requires, however, that you motivate your students e --- --- ectively. In short, you will enjoy maximum impact i --- you produce more short videos than i --- you produce --- ewer long ones. That said, producing any videos at all is a huge bene --- it --- or student learning. You should almost always make a "long" video, rather than no video. Despite the pressure to keep videos short, we --- ound that providing learning outcomes at the beginning o --- each lesson helped students absorb the material e --- --- iciently. To paraphrase Tony Robbins, "you can't hit a target i --- you don't know what it is." Learning outcomes tells students what they should take away --- rom the video. There are many strategies about how to write learning outcomes, 71 but the more important thing is to create a goal --- or each lesson be --- ore you create the learning experience and --- ormative assessment (e.g., the video and the quiz), letting the students know at the outset what they are expected to be able to do upon success --- ul completion o --- the lesson. You may --- ind that the section headers you wrote in your script our outline readily translate into student learning outcomes. Alternatively, you can take a "top-down" approach by thinking about a "title" --- or each o --- the three to eight things you want students to know a --- ter watching the lecture. Again, strive toward only including three, limiting yoursel --- to eight objectives to learn per video lecture. Remember, shorter is better. In any event, do not exceed 20 minutes. Limit each video to three learning objectives; --- or maximum impact only include one learning objective per video. 2. Video Methods This sub-section will discuss the three main options --- or recording videos: (a) editing previously recorded live classes; (b) recording 71. The literature on learning outcomes is vast. In addition to many scholarly articles, e.g., Declan Kennedy et al., Writing and Using Learning Outcomes: A Practical Guide (2007), 2 4 https://www.researchgate.net/publication/ 38 95834_ Writing and_UsingLearning_Outcome s_A_Practical_Guide, and there are great web resources at the University o --- Iowa Center --- or Teaching, the Rice University Center --- or Teaching Excellence, the Vanderbilt Center --- or Teaching, and many others centers --- or teaching excellence. 2020] CORPORATIONS HYBRID 381 videos over a green screen and editing them with post-production so --- tware; and (c) recording voice-over-PowerPoint videos. a. EditingLive Class Recordings The --- irst option is to record an entire class on a topic you were planning to cover and then edit the recording into smaller videos. For many law school pro --- essors, there is a good chance that many or all o --- your classes have been recorded in an e --- --- ort to comply with the Americans with Disabilities Act. 72 Additionally, many o --- these recordings have likely been uploaded to a server to which your In --- ormational Technology Department ("IT") has access. I --- this option seems --- easible to you, contact your IT department and ask --- or their assistance. They will likely be more than happy to help. There are quite a --- ew advantages in using this recording process. There is no need to "reinvent the wheel" because you have already lectured on this content previously. This will likely decrease the need to produce Storyboards, which will help to save time. Additionally, once you complete the editing process, all that will be needed is to upload each video. Another advantage to this --- orm o --- video creation is that the work can be --- rontloaded onto someone else. An IT department could easily train a teaching assistant or research assistant to edit each class video into shorter and crisper videos, or the teaching assistant may already know how to edit video recordings. This advantage, however, is only applicable to teachers who are privileged with access to talented teaching assistants. A major disadvantage o --- editing live class recordings is that videos recorded in class may not have the proper cadence --- or a voice- over PowerPoint video. You may pause to respond to students in class, whose questions are not captured on audio. You may otherwise check in with the live audience in a way that is not clear or is weird to your video watchers. The audio or video quality maybe lacking in quality, depending on the technology in your classroom. These issues, however, may be o --- --- set or at least diminished i --- you have years o --- recordings. Many pro --- essors who are looking to --- lip the classroom have taught the same course --- or many years. This may result 72. For more in --- ormation on when closed captions are required by --- ederal law, see When Is CaptioningRequired?, NAT'L ASS'N OF THE DEAF, https://www.nad.org/resources/ technology/captioning- --- or-access/when-is-captioning-required/_(last visited July 15, 2020). However, we recommend including captioning whether or not required by law, as this will make recordings more accessible --- or a wider range o --- students who may have a variety o --- needs. 382 WILLAMETTE LAW REVIEW [56:363 in multiple recordings --- or the same topic. Given enough time, someone can go through all the videos to identi --- y and edit the best ones --- or the new --- lipped audience. And as mentioned earlier, even i --- none o --- your videos are o --- suitable quality, you can still make a script --- rom them, which can be used to --- acilitate --- uture recording productions. b. Green Screen Recordings Another type o --- recording method is the "green screen method." Here, the pro --- essor speaks --- rom a podium in --- ront o --- a green screen in a studio. This option is likely available --- or most law pro --- essors. Most universities already have an audio-visual department on site with their own studio and recording equipment available. I --- not, basic green- screen equipment can be purchased online --- or less than twenty dollars. 73 There are signi --- icant advantages to using this method as well. First, the pro --- essor will have access to all o --- the audio-visual personnel on sta --- --- to help advise with the storyboarding, recording, editing, and uploading o --- each video. Second, a pro --- essor can get creative with videos by incorporating images, backgrounds, and even music. For example, Themis Bar Preparation incorporates many images into their videos, in an e --- --- ort to help students remember complex rules through mnemonic devices. This helps to simpli --- y the process and may incorporate humor into what would otherwise be a dull and boring topic. There are certainly weaknesses to this option as well. One weakness to this process is that it can be time consuming. Although a pro --- essor may have access to personnel, he or she will still need to be there each step o --- the way to make sure that this is a --- inished high- quality product. Additionally, there can be some logistical concerns with this method o --- video recording. Some university's AV departments can be quite small and may only have one recording booth. Moreover, other pro --- essors throughout the university may apply this same method o --- teaching in their classrooms, causing the studio to be booked. Furthermore, a pro --- essor thinking that he could complete these videos in the summer may be limited due to reduced department hours during these months. Thus, be --- ore considering this method as an option 73. One author uses LYLYCTY Background 5x7 --- t Non-woven Fabric Solid Color Green Screen Photo Backdrop Studio Photography Props LY063, by LYLY COUNTY, available at https://www.amazon.com/dp/B075V4HPL7/re --- cm_sw_em_rmt dp_U_APjREb35BN9Z9 ($13.88 as o --- July 15, 2020). 2020] CORPORATIONS HYBRID 3 83 you would like to use, schedule a meeting with the director o --- your audio-visual department to determine what types o --- resources they can provide in your videomaking process. 3. Voice-Over Recordings The --- inal method o --- video recording is the "PowerPoint" method. 74 Here, the pro --- essor would start by creating a PowerPoint presentation and recording themselves discussing the key concepts on each slide. Generally, the speaker would not be seen in the camera shot, although you can include the pro --- essor in a picture using a split screen option. The key advantage o --- this method is its simplicity. It allows the pro --- essor to take the prepared outline and incorporate it into PowerPoint slides. The glaring disadvantage to this approach is time. A pro --- essor will be essentially starting --- rom scratch with each recording, versus taking previous class recordings and editing them into smaller videos. Our student-author --- ound PowerPoint recording to be the more use --- ul method. The pro --- essor-author, however, realized that this would require more than 500 hours o --- additional work, above and beyond the 400-plus hours required to hybridize the course. Re-recording all the videos, there --- ore, was simply not possible over the three-month summer break. Moreover, the pro --- essor recognized that he could re- record new voice-over PowerPoint videos while teaching the course and thereby generate improved content --- or the next iteration. Here, we remember that per --- ection can be the enemy o --- progress. As described below, we --- ound great success in hybridizing the course within one year, and we plan to continue improving the course with advanced video content in the coming terms. In the split screen method, students tend to be more distracted by the background images the pro --- essor had on his wall, --- ocusing less on the PowerPoint slides in --- ront o --- him. Both the pro --- essor and the student --- ound the green screen method to be distracting at best, except in introduction videos and short occasional segments. Given time and budget constraints, the class recording method proved to be the only --- easible option that produced videos o --- su --- --- icient quality to satis --- y both the student and the pro --- essor. Our experiences with this method are described below. 74. Mac users can alternatively use Keynote to record voice-over slides. 384 WILLAMETTE LAW REVIEW [56:363 4. Why We Edited Existing Class Video Recordings We chose to use the class recordings method. The pro --- essor was able to secure a --- aculty development grant --- rom the university which helped to pay the teaching assistant a small stipend throughout the summer to edit and simpli --- y each class video. The pro --- essor had been teaching and recording live-taught sessions o --- Corporations --- or many years, so the assistant had a variety o --- class recordings to choose --- rom --- or each topic. A key reason that we chose this method was the availability o --- videos that we had at our disposal. The pro --- essor had been in the practice o --- recording every class session --- or the past --- ive years. In addition, he had already recorded hundreds o --- hours o --- videos in multi- stream --- ormat, which gave us the option to select between voice-over PowerPoint and "Talking Head" --- ormat --- or almost every video lesson. This provided us with extensive material --- rom which to work. We did not need to recreate the wheel, nor was there need --- or in-depth storyboarding or extensive outlining because everything we needed was right at our --- ingertips. This method came with some issues, however. The --- irst issue, as previously mentioned, was that it proved impossible to have every video under twenty minutes in length. We believed that some in --- ormation needed to convey to our students was too important to exclude. Thus, we attempted to compensate --- or this by reducing the length o --- other videos. Another issue that we quickly discovered was that downloading each video was incredibly time consuming. From a basic home internet network, it took roughly thirty minutes to download each video that was ninety minutes in length. This may have been because the videos were not recorded --- or web use but rather archival use. However, this made the authors aware that the rural internet divide75 could create --- urther access to education issues i --- online course-builders do not take bandwidth limitations into account. 75. See Robert LaRose et al., Closing the Rural BroadbandGap: PromotingAdoption o --- the Internet in Rural America, 31 TELECOMMUNICATIONS POLICY 359 (2007) (providing an explanation o --- the limitations o --- rural Americans to access broadband internet); see also Rep. Sam Graves (R-MO), Bridging the Digital Divide --- or Rural Communities More Critical Than Ever, THE HILL (May 1, 2020, 12:30 PM), https://thchill.com/blogs/congress- blog/technology/495606-bridging-the-digital-divide- --- or-rural-communities-more (indicating that the digital divide persists). 2020] CORPORATIONS HYBRID 385 Once the videos were downloaded, however, --- ree so --- tware included with Mac OS made the rest o --- the process relatively easy. The assistant-author would watch the entire video while taking notes as to which sections could be cut and which sections could become their own separate videos. This obviously took time because all the videos had to be watched in real time. But, as we were both Mac users, the included iMovie so --- tware made the task as straight --- orward as could be hoped --- or. The second issue we experienced was the amount o --- storage each video would require. An un-edited Corporations video could be several gigabytes in size. Several times while working on projects, we would neglect to check the storage limit, which caused the computer to operate at a much slower speed, hampering productivity. Eventually, we purchased high-speed external --- lash drives. This resolved the issue. Thus, it is important to remember that the editor should work on one project at a time and then upload that project to an external source and delete the raw unedited version. 5. Recording So --- tware We brie --- ly wanted to discuss the importance o --- choosing the right recording device that suits your needs. Two --- ree options that may be available to you are the recording devices in the Audio-Visual department and the recording system that records each class. Originally, the recording system that our University used was the "Panopto" 76 system. This was a user- --- riendly system but was limited in its capabilities. As we began the editing process, our university switched to the "mediasite" 77 plat --- orm that had many help --- ul --- eatures but also came with its own technical di --- --- iculties. Another popular recording device option --- or recording --- rom your computer is "iMovie." 78 "Camtasia" 79 is another option that can be utilized on Mac and PC plat --- orms. You may have to trans --- er videos to external hard drive or --- rom an online server be --- ore editing your videos. 76. PANOPTO, https://www.panopto.com/ (last visited July 18, 2020). 77. MEDIASITE, https://mediasite.com/ (last visited July 18, 2020). 78. APPLE, https://www.apple.com/imovic/ (last visited July 18, 2020). 79. TECHSMITH, https://www.techsmith.com/video-editor.html (last visited July 18, 2020). 386 WILLAMETTE LAW REVIEW [56:363 6. Editing Your Video Once you have completed your storyboarding process and recorded your video, the next step is to edit your recording. The --- irst thing that you must do is import your video into editing so --- tware. Be patient. Depending on your internet connection, this process can take some time. We --- ound that it was much --- aster and e --- --- icient to download and upload each video on campus due the --- ast network speed there as our at-home network speeds could not keep pace. Notably, most o --- our videos had been edited through Apple iMovie and exported as .MP4 --- iles, although there are many other types o --- editing tools and --- ile --- ormats that you can choose --- rom. Once uploaded to the editing so --- tware, we strongly recommend that you watch the entire video and look --- or areas that can be edited. In our experience, audio editing is both easier and more impact --- ul than video editing. Listen care --- ully --- or sound content: Can you hear every word in the video? Is there any background noise that could distract your viewer? Also, pay close attention to the speed at which you are talking. I --- you have not recorded yoursel --- talking be --- ore, the process might seem strange and you might be a bit nervous. I --- you --- ind yoursel --- talking quickly in your initial videos, listen to the speed o --- your voice and try to slow down those videos in the next process. In addition to the speed o --- your voice, cut out any parts o --- the video in which you generate long pauses to reduce the length o --- the video. For example, we reduced the amount o --- time o --- each video by eliminating long pauses the pro --- essor took or by eliminating questions and answers that were not relevant to the video. Again, a crisp and short video is one o --- the keys to having a success --- ul --- lipped classroom experience. 7. Our Experience Editing Each Video The assistant-author took the lead on editing the videos. First, he downloaded each one --- rom the Duquesne server. This took roughly twenty minutes to complete i --- he was downloading each video via his home internet network. Next, he took the unedited video and placed it into an iMovie project --- older. From this --- older, he edited each video --- or sound and picture quality. He could adjust the brightness o --- the video as well, i --- needed. Next, he watched the video in its unedited entirety to determine which parts could be broken down into smaller videos. This could be di --- --- icult depending on whether the pro --- essor had included a policy discussion or a question and answer segment into each topic. He quickly discovered many o --- the questions and answers 2020] CORPORATIONS HYBRID 387 provided by students were di --- --- icult to hear due to the microphone system in the classroom. 80 Consequently, he eliminated some o --- these segments to reduce time. Additionally, once he had identi --- ied which portions o --- this unedited video could become separate, smaller videos, he began the process o --- "splicing" or cutting the presentations at certain points. Generally, he waited until the pro --- essor would use transition words indicating that he was preparing to move into another section. At this point, he spliced the video. He repeated the process until this larger video was spliced into --- our to --- ive smaller segments. Some videos, however, could not be broken into smaller parts, because o --- the topic's complexity. Once he completed this cutting process, he downloaded each edited video to his desktop screen and created a separate --- older in iMovie. Then, he watched each edited version again to con --- irm that this was the content the pro --- essor wished to convey to the students. A --- ter watching each video again, he added roughly --- ive to ten seconds o --- an initial title screen to show the viewers the topic o --- the lecture. A --- ter editing the video, he titled the lecture to correspond with the outline that we created. We --- ound that given the exorbitant number o --- videos that we needed to produce, it was critical that each video be clearly titled using a sophistical outline numbering system. Otherwise, it would be very di --- --- icult to --- ind the exact video we were seeking. We recommend that be --- ore a pro --- essor and/or teaching assistant attempts to embark on this editing process, they watch a --- ew YouTube videos to understand all o --- the tools that are at their disposal. One excellent video is titled "iMovie --- or Mac - Full Tutorial" by David Cox. 81 This video provides a step-by-step analysis o --- the editing process --- or iMovie. There are many others as well. 8. Uploading Your Videos Once you have completed your editing process, the next step is uploading your videos to a plat --- orm where your students will have access to their content. The supported plat --- orm that our institution uses 80. Our classroom microphone system consisted o --- a single 1800 capture USB mic that was tethered to the podium computer. 81. Tech Talk America, iMovie --- or Mac - Full Tutorial, YOUTUBE (Mar. 14, 2018), https://www.youtube.com/watch?v=Fc6H881 TO_k& --- eature=youtu.be. 388 WILLAMETTE LAW REVIEW [56:363 is called Blackboard. 82 On Blackboard, pro --- essors and their teaching assistants can build online learning modules, which their students can then access. There are many advantages to using a plat --- orm such as this. One advantage is the tools that the plat --- orm provides --- or students. They can easily access the class syllabus, pro --- essor and teaching assistant contact in --- ormation, technical support email, individual student grades, weekly announcements, group projects, and course materials. Another advantage is the online technical assistance that the students can receive directly --- rom the Blackboard company i --- there is an operating issue. Originally, we uploaded each edited video to our course Blackboard page and included them in weekly --- olders. Then we recognized two issues that made this impracticable. First, it would take more than an hour to download each video regardless o --- its size. This occurred regardless o --- whether we uploaded --- rom our at-home networks or via on-campus high-speed Ethernet connections. We assume this is a problem with Blackboard itsel --- . Second, the videos could not be viewed by multiple students at once. In one section with more than 50 students, the videos would --- reeze and stall each evening, when most o --- the students logged in. In addition, Blackboard did not do anything to make the videos easy to access or catalogue. In --- act, moving videos (or any content --- or that matter) around on Blackboard is a nightmare. We --- eel the Blackboard learning plat --- orm was inadequate --- or a modern hybrid classroom environment. Because o --- this issue, we decided to upload each video to Pro --- essor Oranburg's YouTube channel, 83 which took a minimal amount o --- e --- --- ort and time. In addition to being easy to use, --- ast, and consistent, YouTube automatically generated closed captioning --- or each video uploaded. This helped us to comply with ADA requirements at no additional cost. Moreover, this plat --- orm helped Pro --- essor Oranburg in his mission to educate anyone interested in gaining legal knowledge, regardless o --- their ability to pay --- or an institutional education. In short, we were very satis --- ied with using YouTube, but 82. Blackboard, https://www.blackboard.com/ (last visited July 18, 2020). The authors think that Canvas is better than Blackboard. See INSTRUCTURE, https://www.instructure .com/canvas/k-12 (last visited July 18, 2020). 83. SETH ORANBURG, Youtube, https://www.youtube.com/channel/UCdLxnSUIcE HtrdOt5R51Qlg (last visited July 18, 2020). 2020] CORPORATIONS HYBRID 389 pro --- essors who are more concerned with maintaining proprietary rights to their intellectual property should consult YouTube's Terms o --- Service --- or more in --- ormation be --- ore using it to upload content. Next, we provided a link --- or each video in a weekly --- older on Blackboard, which would take the student to our YouTube page. Blackboard makes it easy to link videos in this way, which Blackboard re --- ers to as a "mashup." That way, each student would have access to these videos. Once we switched to hosting the videos on YouTube, no student, to our knowledge, has reported any problems in accessing the edited videos. Several o --- Pro --- essor Oranburg's YouTube videos have been viewed --- or --- ree over ten thousand times each by people --- rom all over the world. 84 We --- eel that this supports our mission o --- providing access to legal education. 9. Outlining the Video While your students are listening to the video, it may be help --- ul to have a barebones outline available via a course site or other website to which students have access. Many commercial bar courses implement this strategy, which helps the listener o --- the video to remain engaged, as well as --- ocus on the key concepts o --- each video. Themis, a bar preparation course, includes a --- illable outline with each set o --- course videos. The outline requires students to listen care --- ully and --- ill in important key concepts in the outline, which have not been included to keep students' attention. Because o --- the limited time we had to create the necessary videos --- or this class, we were unable to provide an outline --- or each video. It is something that we may consider in the --- uture. We did, however, provide "skeleton case brie --- s." which create a --- ramework --- or students when watching the videos that --- ocus on corporate cases. This type o --- case brie --- asks --- or the case citation, a list o --- the parties, other entities, the procedural posture o --- the case, the issue, the holding, the relevant case --- acts, case analysis, whether judgment was --- ound in --- avor o --- the plainti --- --- or the de --- endant, and the conclusion o --- the case. In addition, we added a slide titled "Learning Objectives" and "Conclusions" to every voice-over PowerPoint video, and we duplicated that in --- ormation in the weekly --- olders. As described above, Learning Objectives are statements about what a student will be able to do upon completing the lesson. Conclusions are brie --- responses 84. See generally id. 390 WILLAMETTE LAW REVIEW [56:363 regarding how to complete the Learning Objectives. This helped students understand what they were supposed to glean --- rom the videos. Finally, each weekly --- older included an outline o --- the key terms --- ound in each chapter o --- the book and some analysis o --- the major cases in that book. Our thinking was that we did not want the students in this class to be overwhelmed by the videos, quizzes, re --- lective journals, and graded essays. Additionally, we believed that these outlines would be help --- ul starting points --- or the student's own individual Corporations course outlines. B. Technology-Mediated LearningActivities A --- ter uploading each video to the respective learning plat --- orm, it was important to create a sel --- -assessment tool --- or each video. This helped to rein --- orce the key content that the student learned --- rom the video. What we attempted to do is to immediately translate passive learning into active learning. Passive learning is accomplished via listening, whether that be to a pro --- essor's Socratic dialogue with another student, or to a YouTube video. Active listening involves note taking, commenting, and engaging in dialogue. One option a pro --- essor can create is a quiz, which should be completed immediately --- ollowing the video. Depending on the length and content o --- the video, we keep quizzes between --- ive and ten questions. We provide students with answers to each question upon completion o --- the quiz, which students have --- ound to be very help --- ul. I --- a student has a question about one o --- the quiz questions or answers, they may email either o --- us or bring the question to class. The results o --- the quiz did not count against a student's grade. The completion o --- each quiz by the speci --- ied due date in the syllabus would increase a student's participation grade. We --- ound that students would take the completion o --- these quizzes seriously upon learning that it a --- --- ected their participation points. Re --- lection journals are a sel --- -assessment tool that is much more convenient --- or students to write and instructors to read online. While most --- aculty are probably already --- amiliar with writing quizzes and test, law pro --- essors may be less --- amiliar with assigning journaling tasks, so we will share a --- ew insights on how journaling worked in our Corporations hybrid class. Generally, journaling tasks would be --- ound assigned a --- ter reading a key corporate case. Many times, the question would ask whether the student agreed with the court's reasoning and why, or whether the plainti --- --- or the de --- endants had a better argument 2020] CORPORATIONS HYBRID 391 and why. Other times, the sel --- -re --- lection essay would ask a general policy question regarding a general topic such as shareholder rights or corporate social responsibility. This gave students a chance to improve their writing skills and discuss a topic on which they may have strong views without their writing or viewpoint being scrutinized by peers. For --- irst-year classes in particular, a task akin to a prompt to write a journal entry is a guided case brie --- . The --- aculty author created a case brie --- template (attached hereto as Attachment A), which he distributes to students at the beginning o --- the term and in conjunction with major cases. Students can earn points by uploading a --- illed-in version o --- the case brie --- . This encourages students to brie --- cases, and it also provides them with a library o --- their own work when they have completed the course. This case brie --- templates provides space --- or the case citation, a list o --- the parties, other entities, the procedural posture o --- the case, issue, holding, relevant case --- acts, case analysis, whether judgment was --- ound in --- avor o --- the plainti --- --- or the de --- endant, and the conclusion o --- the case. The goal o --- this sel --- -assessment assignment was to gauge whether the students grasped the key concepts o --- this important case. It also trained them in the important law school skill o --- brie --- ing cases thoroughly. Students would only be deducted participation points on this assignment i --- they did not provide a satis --- actory response or i --- they did not complete the project by its due date. I --- Pro --- essor Oranburg --- ound that students had missed a key point o --- the brie --- ing assignment, he would cover this case again when the class met --- or their live in-class session. D. DiscussionBoards and Targeted Socratic Dialogue One o --- the most surprising, yet bene --- icial, outcomes o --- instituting this hybrid Corporations class was the success in utilizing discussion boards. Generally, discussion boards can be created through the online plat --- orm that the pro --- essor is using and allow students to express their thoughts on particular class material. During our --- irst use with these discussion boards we decided to have all 50 students in the class participate discussing a general prompt. This initial attempt in creating an e --- --- ective discussion board turned out to be not what we had hoped --- or. Some students --- ound it very di --- --- icult to post something unique and di --- --- erent because other students had already written something similar to the answer that they wanted to write. We also --- ound that it was very di --- --- icult to grade the answers to the discussion board because they all seemed similar and bland. 392 WILLAMETTE LAW REVIEW [56:363 Our second attempt at cra --- ting a unique discussion board question was much more success --- ul and was one o --- the many highlights o --- the semester. When creating our second discussion board we decided that it was important to give each student their own unique plat --- orm, so their ideas could be seen by every student in the class. To do this, we decided to choose the policy topic o --- social responsibility. Generally, we --- ound that policy topics are an excellent choice --- or discussion boards because they allow students to express themselves on a topic related to current events. They also allow the students to delve deeply into a topic, so that they become an expert with regard to that particular issue. Further, we decided that another issue in the --- irst discussion board assignment was that the group contained too many students. Thus, --- or our second discussion board, we divided the class o --- 50 students into --- ive, ten-person groups and gave each student their own speci --- ic prompt. The instructions required each student to conduct their own research on the subject assigned to them. This process allowed students the opportunity to understand the concepts that they were assigned to research and in turn, allowed them to become knowledgeable on the subject, giving them something to contribute to the class discussion. Moreover, i --- a particular student wrote something insight --- ul, the pro --- essor would make a note o --- it. I --- a student was perceived by the pro --- essor as anxious about being called upon, the pro --- essor would send the student an email, asking --- or permission to call on the student in class. This process gave the student time to prepare as well as providing notice about being called upon. Once the student presented what had been learned on a given topic, other students in the class would then ask the presenting student questions because they too wanted to be engaged and were curious about the topic. We --- ound that this method o --- presentation eliminated any general nervousness --- or students and helped to promote excellent in-class discussions. IV. CONCLUSIONS Overall, we were quite satis --- ied with the results o --- the Hybrid Corporations Class. While the initial process o --- creating the class was time intensive, it will certainly pay o --- --- --- or present and --- uture students o --- this class. We believe that this hybrid class has already created substantive group discussions during our live sessions. Students appear engaged and eager to discuss what they have learned --- rom the online materials and assignments. Furthermore, we hope that this paper will 2020] CORPORATIONS HYBRID 393 encourage other law pro --- essors to consider modi --- ying their current in- class teaching model to a hybrid class model o --- teaching. I --- a pro --- essor has considered switching to a hybrid class model, we hope that they will use this paper as a guide in order to do so. As students and society demand new and e --- --- ective learning methods, higher institutions o --- learning should be at the --- ore --- ront o --- implementing these methods. Developing this technique might serve to help those pro --- essors who have taught live classes their entire careers. For example, with the onset o --- the current Corona Virus pandemic, educational institutions are asking instructors to make immediate changes to accommodate online learning. This paper might serve as a guideline to transition into just such a --- ormat. Additional resources on this topic have also been written by Pro --- essor Oranburg. 85 85. See Seth Oranburg, Distance Education in the Time o --- Coronavirus:Quick and Easy Strategies --- or Pro --- essors, DUQ. U. SCHOOL OF L. (March 13, 2020) https://ssrn.com/ abstract=3553911 (research paper). 394 WILLA ME TTE LAW RE VIE W [56:363 Attachment A Case Brie --- Template CASE BRIEF TEMPLATE Paties A, Apel la~e A4ppt Ap5ee Other En --- --- em: Prvvedur* Poebre: On AppWa ise: Rues: Conchusion: Judgment Tr . A O02M9 Seh C. Ormr*ia 2020] CORPORATIONS HYBRID 395 Attachment A Case Brie --- Template Case Brie --- Template Instructons CITATION: * dentv key detagt about the case and how to t --- nd It * Case neme, repa --- r loca --- l, cott and op*no ass * Suetines the rnpoterlooso --- n tpbal --- s Ute couti PARTIES: * tdenaly the parl --- e on bath Idsea o --- the V.' * There mov be maitlole v --- ltr M endtor muile de --- endants (A) * t the case is on appeel, determine whether the appetarit and appellee are a/A OTHER ENTITIES: * Identty oth relevant ceotta. bwlnasa t novemnment soened". at who ea not paes to this case but who are inportant to wderstand the delerminalve --- acts PROCEDURAL POSTURE: * Desadbe 1 the stlon ev --- nt on which this court is rMlnW " Aost law school cases agbn appe toim a lower cours deas*on - speci --- hal that dedsion regarded (e.g ,n appea ham tialcoarts grantbMg o --- a motion to drsmasa. ISSUE: * Descbe 1h dispute #e the court must desie, usuay phrased as a queson (Whether.J) HOtDi G: * Determine what the court decided, generally a yeaino answer to the Issue RUtES: * Extract and 4n --- er the prencples that the court uses to e --- ot"s each holding - Rues can be dbaoy akeed armerey taed by aoouts FACTS: * Dt01the determnstve --- acts that make adlerence to the outcome o --- the case - Fae are used Saneoglte or distgtuish cases tom each otter APPLICATION: * Smrnartse the court's logical steps In applying the --- acts to the nates CONCLUSION: * Explain whether relIe --- was granted or deeded, to whom, Inwhole or in pail and why. y GE OF L 0 1883 TTE U 1