University of Hawaii Law School
Ho'ohiapo
The Class of '76

Chapter 5 - Modern Methodology Hits the Fan

The Promise

The Challenge

The Final

The Critique

The Experience

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.

The Challenge

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 Final

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".

The Critique

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.

The Experience

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!

Next: Chapter 6 - The Spring Semester - A New Hope?

 

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January 4, 2024