Phase Overview

Phase Characteristics

• Skill Focus: Complex multi-issue analysis, statutory + case law integration, policy reasoning, cumulative timed performance
• Content: Employment law (Title VII); statutory interpretation methods
• Format: Hybrid mix of in-person and remote sessions
• Assessments: Problem Set 3 (Employment), In-Class Assessment 2
• Duration: 2 weeks (July 1 – July 13)

Key Concepts

• Statutory vs. Common Law Analysis: Statutes provide the rule; cases interpret and apply it. Students learn to read statutes for elements, exceptions, and defined terms.
• Multi-Step Analytical Frameworks: Employment discrimination involves burden-shifting tests and element-based analysis. Students apply these frameworks systematically to fact patterns.
• Synthesis and Integration: Combining statutory text with case law interpretations creates a more complete legal rule than either source alone.
• Cumulative Mastery: Phase 3 builds on skills from Phases 1 and 2; assessments test integration and synthesis across the entire course.

Session 11 (Wed July 1): Integration Skills & Essay Revision Workshop

Remote | Integration skills; essay revision workshop

Learning Objectives

• Students will understand how they performed on ICA1 and identify areas for improvement
• Students will understand the difference between common law and statutory analysis
• Students will begin learning systematic statutory interpretation methods
• Students will understand the scope of Problem Set 3

Session 11 Activities

ICA1 Debrief

Share general feedback about ICA1 performance: what went well, common issues, how scores compared to earlier problem sets. Normalize score variation and reinforce that assessment scores are data for improvement, not judgment. Discuss common patterns (e.g., incomplete rule statements, fact analysis disconnected from rule, insufficient explanation) and how to address them in PS3 and ICA2.

Statutory Interpretation Introduction

Key difference: In tort and contract (Phases 1-2), courts create rules through cases. In statutory interpretation, the rule is already written in the statute. Your job is to understand the statute and apply it to facts.

Process:

• Read the statute multiple times to grasp overall structure and purpose
• Look for and note defined terms in the statute
• Identify elements or requirements (watch for "must," "shall," "if," "when")
• Note exceptions, limitations, or exclusions (watch for "except," "unless," "provided")
• Find relevant case law interpreting the statute and its elements
• Synthesize statute + case law into a complete rule
• Apply the synthesized rule to facts

Problem Set 3 Overview

Distribute PS3 and walk through: the statutory framework, the fact patterns, and the components of the assessment (multiple-choice, short-answer, medium-answer, and essay portions). Explain the scope: students apply statutory elements and framework analysis to employment discrimination scenarios. Two weeks to complete; emphasize starting early and seeking help if stuck.

Key Concept

Session 12 (Mon July 6): PS3 Debrief & Essay Strategies

In-Person | PS3 debrief (MCQ/SA); essay strategies

Learning Objectives

• Students will understand the elements of the statutory framework and how they interact
• Students will synthesize statute and case law into a coherent rule statement
• Students will apply the framework to fact patterns involving employment discrimination
• Students will receive feedback on early Problem Set 3 work

Session 12 Activities

Framework Analysis Workshop

Walk through the statutory framework in detail, element by element. Use the statute and leading case law to build a complete rule statement. Show students how to organize their analysis: state each element, explain what the statute and cases say about it, then apply it to facts. Emphasize that multi-step frameworks require clear organization and systematic application—students should not skip steps.

Multi-Step Analytical Frameworks

Burden-shifting tests: Many employment discrimination cases use a burden-shifting framework where the plaintiff establishes a prima facie case, the employer provides a legitimate, non-discriminatory reason, and the plaintiff proves the reason is pretextual. Students must understand and apply each step.

Elements tests: Other analyses require proving each element. Students must identify all elements, explain what plaintiff must show for each, and analyze facts against each element separately.

Guided Practice

Provide one or two fact patterns involving potential discrimination. Students work in small groups or individually to identify: the type of claim, which elements/steps apply, which are met or not met, and the likely outcome with reasoning. Debrief as a group, discussing the analysis and affirming good reasoning. Offer feedback on common mistakes: incomplete element analysis, circular reasoning, unsupported conclusions.

Problem Set 3 Debrief

Collect early submissions or drafts if available. Offer brief, encouraging feedback: what's working well, what needs more development. Reinforce that PS3 is practice and that imperfect drafts now will improve through revision.

Key Concept

Session 13 (Wed July 8): In-Class Assessment 2 (ICA2)

Remote ICA2 | 75-minute cumulative assessment

Learning Objectives

• Students will review and synthesize core concepts from all three phases
• Students will understand the format and expectations of In-Class Assessment 2
• Students will practice timed analytical writing under assessment conditions
• Students will reflect on their growth and remaining areas for development

Session 13 Activities

Course Arc Review

Guide students through the learning progression: Phase 1 focused on close reading of facts and rule statements from cases (common law analysis). Phase 2 deepened synthesis skills and introduced multi-factor analyses. Phase 3 adds statutory interpretation and higher-complexity frameworks. Highlight how each skill built on previous ones. Discuss how the analytical process (read facts carefully, extract or state the rule, apply rule to facts, explain reasoning) remains constant across all phases, but the sources of rules and complexity increase.

ICA2 Format Overview

Duration: 75 minutes total

Format: Two tasks—a medium-answer component and an extended essay component—totaling approximately 5,000 words of writing under timed conditions.

Content: Cumulative assessment covering all phases. Tasks may involve statutory interpretation, case law analysis, multi-issue fact patterns, or policy reasoning. Students use all skills developed in the course.

Conditions: Closed-book assessment. Students bring pens/pencils and receive paper or access to word processor (per accommodations and course specifications). Timing is strict; students must manage time across two tasks.

Timed Practice

Conduct a 60-75 minute practice assessment or simulation. Provide fact patterns similar in scope to ICA2. Students write under timed conditions without notes or books. Emphasize time management: students should allocate roughly equal time to both tasks, or per rubric weightings. After practice, discuss what students found challenging: fact organization? rule synthesis? time pressure? Offer strategies: outlining quickly before writing, front-loading rule statements, using frameworks to organize analysis.

Self-Reflection

Ask students to reflect in writing or discussion: What skills have you developed in this course? What are you now confident doing? Where do you still struggle? What will you focus on in your final study? How does this course connect to legal practice? Self-awareness enhances learning and supports continued growth.

Key Concept

Session 14 (Mon July 13): Course Closure & Final Reflections

In-Person | Final reflections; Reflection Journal review; course wrap-up

Learning Objectives

• Students will demonstrate cumulative mastery of course skills through In-Class Assessment 2
• Students will reflect on growth and learning across the entire course
• Students will complete the formal assessment component of the course

Session 14: Assessment Administration

Before Assessment: Setup and Preparation

• Arrange seating to prevent unauthorized collaboration
• Distribute assessment packets or ensure technology access
• Review logistical details: timing, submission procedures, bathroom breaks, accommodations (extra time, quiet space, etc.)
• Confirm students have required materials (pens, pencils, bluebooks if applicable, or word processor access)
• Remind students to read all questions carefully before beginning
• Set a calm, professional tone; normalize assessment stress

During Assessment: Proctoring and Time Management

• Proctor actively but unobtrusively; be present and visible
• Note time milestones: announce halfway point, 15 minutes remaining, 5 minutes remaining for each task
• Address clarifying questions (e.g., definitions of terms) but do not help with analysis or strategy
• Enforce time limits strictly; ensure students stop writing when time expires
• Maintain minimal intervention; resist urge to reassure anxious students during assessment

After Assessment: Collection and Closure

• Collect all assessment materials immediately when time ends
• Thank students for their effort and hard work
• Transition to course closure activities

Course Closure Activities

Reflection and Discussion

After the assessment, spend time reflecting together. Ask students: What was that experience like? What did you feel confident about? What surprised you? Discuss the arc of the course: where they started, what they have learned, how their thinking about legal analysis has changed. Normalize that legal writing and analysis are lifelong skills—this course is a beginning, not an ending.

Celebration and Recognition

Acknowledge the hard work students have done over seven weeks. Highlight growth in specific students (without comparing students to each other). If appropriate, share stories of past students who struggled early but grew significantly. Emphasize that struggling and improving is the normal path to becoming a good lawyer.

Practical Closing Items

• Explain the next steps: How and when will assessments be graded and returned?
• Provide resources for continued learning (reading lists, writing guides, etc.)
• Distribute any course certificates or completion documentation
• Offer office hours or follow-up meetings for students who want to discuss their performance or next steps

Key Concept

Teaching Notes for Phase 3

Managing the Complexity Ramp-Up

Recognize increased cognitive load: Phase 3 asks students to synthesize statutory text with case law—a more complex task than earlier phases. Students who excelled in Phases 1-2 may find Phase 3 harder. Normalize this; complexity is intentional and valuable preparation for practice.

Scaffold statutory interpretation: Don't assume students know how to read statutes. Walk through the process explicitly in Session 11. Use think-aloud strategies: "I read the statute three times. First, I'm getting the overall idea. Second, I'm marking defined terms. Third, I'm breaking it into elements." Model the skill before expecting independent practice.

Make frameworks visible: Use handouts, whiteboard diagrams, or slides to show the structure of multi-step analyses. Frameworks are easier to apply when students can see and refer to the structure. Provide framework charts or checklists students can use while working on PS3 and studying for ICA2.

Watch for overwhelm: Some students may feel paralyzed by the length or complexity of PS3 or by the scope of ICA2. Check in regularly. Break large tasks into smaller steps. Encourage "imperfect progress" over perfectionism.

Supporting Students Through Final Assessments

PS3 is practice, not just assessment: Encourage students to submit drafts for feedback. Office hours and email are teaching tools. If a student's draft shows a fundamental misunderstanding, help them understand the issue before final submission. PS3 should be rigorous but not punitive.

Reduce anxiety about ICA2: Some students may be anxious about a high-stakes timed assessment. Normalize exam stress and offer coping strategies: breathing exercises, time management techniques, reviewing past work to build confidence. Conduct practice assessments or timed mock exams so the conditions are less novel.

Provide transparent rubrics: Before ICA2, ensure students understand the grading rubric. What does full credit look like? What common mistakes lose points? Ambiguity increases anxiety; clarity increases confidence.

Be encouraging but honest: Students deserve honest feedback. If a student's work shows gaps, name them clearly and offer resources to address them. But also celebrate genuine growth, effort, and improvement.

In-Class Assessment 2 Administration Best Practices

Logistics matter: Test the technology if using a word processor. Ensure students know how to submit. Have backup supplies (pens, paper, bluebooks). Small logistical failures can derail a student's performance.

Read questions aloud: Before students begin, read each question aloud once. This ensures everyone hears the same thing and gives students a sense of the scope. Then students read themselves.

Answer clarifying questions only: Students may ask what a word means or request clarification of a fact. You may answer these. You may not explain how to approach the problem, offer analysis, or suggest an answer.

Enforce time strictly: Announce time milestones. Collect papers or close computers when time expires. Strictness is fair; extensions create inequity.

Accommodate students with accommodations: Students with documented accommodations (extra time, separate space, etc.) should have them fully honored. Verify accommodations before the assessment day.

Attend to the environment: Minimize distractions. Turn off unnecessary notifications. Have a colleague monitor the door. An undistracted assessment is a fair assessment.

Course Closure Best Practices

Mark the ending: Course closure is more than logistics. It's a time to mark the completion of an intensive learning experience. This matters psychologically and pedagogically. Take time for genuine reflection and celebration.

Connect to practice: Help students see how this course connects to their future as lawyers. "The skills you've developed—close reading, rule synthesis, application of law to facts, clear explanation—are exactly what attorneys do every day." This perspective helps students understand why the course was demanding.

Normalize struggle and growth: Many students will not have performed perfectly. Affirm that struggling and improving is the normal path. Share stories (anonymously and generally) of students who struggled early but grew significantly. Help students see themselves as learners, not as "good" or "bad" lawyers.

Offer next steps: What resources are available for continued development? What summer employment, reading, or practice would be valuable? Giving students a sense of direction reduces the sense of abruptness at course end.

Common Challenges and Solutions

Challenge: Students over-rely on case language, not applying facts.
Solution: In Session 12 guided practice, explicitly model distinguishing between quoting the rule and applying it to new facts. Give feedback that highlights good application and points out where they've quoted without analyzing facts. Use the phrase "So what?" if a student quotes a rule without applying it: "That's what the statute says. So what? How does that apply to these facts?"

Challenge: Students rush through statute reading, miss key elements or exceptions.
Solution: Provide a "statute annotation" worksheet: columns for "Element/Requirement," "Definition from statute," and "Case interpretation." Require students to complete this as they read statutes. This forces careful reading and creates a study guide.

Challenge: Students struggle with time management during ICA2.
Solution: In Session 13 practice, give timed conditions and stop them when time is up, even if incomplete. Debrief: "How did that feel? Did you run out of time? Next time, outline first, then write. You don't need perfect prose under time pressure; you need clear analysis." This teaches time management through experience.

Challenge: Students feel devastated by their grade or performance.
Solution: Normalize the emotional aspects of assessment. "Grades can be hard to receive. This course is challenging. Your grade reflects a specific moment and specific assessments, not your value as a person or a future lawyer." Offer office hours to discuss performance in detail and plan next steps. Help students see the grade as data for improvement, not judgment.

Phase 3 Summary