University of Hawaii
Ho'ohiapo
The Class of '76
Chapter 5 - Modern Methodology Hits the Fan
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An entire chapter for a single law school class? It only took a single iceberg to sik the Titanic! The
Promise
As noted in the previous chapter, this was a very novel first semester
law school course. In the "General
Information" provided to us on September 25, Prof. Hopkins wrote:
"This course will consist essentially of a guided
tour through a set of readings entitled " Social Conflict, Science
and the Law' which I have assembled, revised and employed in a first year
law school course over a period of four years."
We were
scheduled to meet twice a week in 1 1/2 hour classroom sessions. This
initial handout also noted there would a few short, ungraded homework
assignments with a final eight-page exam. In fact, there
were nine homework assignments. The second, on October 18, stated it
would require 3-4 hours of "concentrated effort" and "It is
the most powerful and profitable kind of study". And if we
truly accomplished this "your work in other law school courses - will
almost certainly be much easier and much more rewarding." Later
in October, a set of readings introduced us to logic, arithmetic and
science. Why not? Still in October, we were assigned
85 pages of copied material which would explain to us
"hypotheses", "facts", "scientific law", the
"different kinds of 'definition'". More in October
was five sets of readings totaling 85 pages with the warning that 20 of
these pages "may be heavy going for those of little scientific
background". Readings in statistics and probability
came next in November. In the middle of the month, it was
"Computers and Computer Science", which now almost seems quaint
because in 1973 a computer was a room-filling machine fed by punch
cards. Nevertheless, our initial reading on this topic was a 1949
article: "Jurimetrics" - "the scientific investigation of
legal problems." This introduced us to symbolic logic.
More articles generally discussed the pros and cons of computers.
The final article was "A Look to the Future" which forecast a
network of computers in major cities, each serving up to 1,000 customers
each using a terminal as inexpensive as a B&W TV. It would be an
amazing future! Chapter III
in November was titled "Social Conflict, Science and the
Law". Our assignments were more copied readings, four paperback books and ten
"Supplementary References". In
mid-December "Social Conflict, Science and the Law" was also the
title of Chapter IV.A, but now it was the "Analysis of
Language". The final reading of the eight assigned was
"Tasks or Phases of SYSTEM-ANALYTIC PEOPLE-ORIENTED LAWYERING, dated
12/73, authored by Benjamin T. Hopkins, a mere 3 pages "FOR LIMITED
CIRCULATION ONLY ALL RIGHTS RESERVED". If this reading
would be copied to a web page, is "limited circulation" violated? Our
ten pounds of these handouts is estimated to be 1,000 pages. Perhaps
it's not the quantity of these handouts that troubled many of us, but the
eclectic variety of topics and authors without a theme that developed - except this was "modern methodology". The
classroom experience for this course was like a ripple in the pond before
a tidal wave - the "FINAL EXAMINATION". This
is the final exam - it is also listed on the Sources page.
"This examination
will be available for pick-up by students in the faculty secretaries'
office at 1:00 p.m. on Wednesday, December 19." further: "Examination papers
must be submitted to the faculty secretaries office before noon on
Saturday, December 22. The faculty secretary will check off your name on
her list of examinees and write the time of submission on your
paper." Note that our other final exams ranged from 3 to 6 hours -
mere sprints compared to the 71 hours allocated for this exam! Note also that the September 25 opening day "General
Information" forecast stated there would be an
8-page final exam. The final exam's first part had 20 questions, with no estimate
on how lengthy the answers should be. We were instructed that the
answers for the next three sections should be
12 pages "or less". Each student received a partly-personalized report from
Prof. Hopkins on February 4, 1974: "Modern Methodology Examination
Papers" with a letter grade. This document was the 53-page memo pictured
in
the previous chapter. It is unfortunate there is no recording of Prof. Hopkins'
session with our entire class when he explained this critique and stated,
as I can best recall, that only a single student had written a
high-quality exam. According to our
consensus opinion at the time, the Modern
Methodology outstanding scholar was Mary/Mimi Durant. During our
50th anniversary celebration in September 2023, a different "outstanding scholar"
was self-identified. This is from a
memo I wrote in 1976: "But the best was yet
to come. Since few of us had probably read as much as one-tenth of the
material, it was thought the Wednesday 3 pm - Saturday noon take-home exam
would give ample time to organize the "20 short questions and three
essay questions". Little did we know of the deviousness of Ben's
mind. 25 or so typed pages later, we bitterly staggered in with our
answers. The result? In Ben's opinion, one student showed "present
ability to do superior work", a few more had "potential* while
the bulk of our class could only muster a "few signs of a potential
for superior work". Not enough mind control, eh Ben?" We left that session in stunned silence. One-sixth
of our legal education was complete. Ironically, the most important
lesson learned during the semester was "the experience of"
Modern
Methodology! |
January 4, 2024