GRADED CLASS EXERCISES

General instructions on preparation of your memo.

In some areas of science and social science the science is better established than in others. You must include a balanced evaluation of the applicable scientific and/or social scientific knowledge for the issue you are discussing. Remember that your job is also to identify possible evidence that supports an opponent's position. If you think that this evidence is not persuasive, by all means say so, but do not omit it. The point at which you would ideally be presenting such a memo is long before the firm and client go to trial, before the legislator presents a piece of legislation for consideration, before the judge writes her opinion, or before the company launches a publicity campaign. Thus, you must give the reader the benefit of your investigation into and evaluation of non-legal evidence and documentation that may increase or decrease the likelihood of success at trial, before a legislative body voting on an issue or whatever.

Your memos should be in a recognized memo format (see examples). It should direct the reader to appropriate sources and evaluate them in the light of the memo topic. It should be at least three pages long (letter size paper), double spaced. You may include footnotes or endnotes, and accompanying materials or exhibits if you would like. If you include these, then your memo should be proportionately longer.

I have given you at least two issues that you must address in your memo. Identifying and treating additional issues if appropriate will make your memo stronger and may result in a better grade. Do not assume that because I do not identify an issue that it is not relevant to the questions presented. Part of your job as an attorney will be to identify issues accurately, adequately, and comprehensively. You MUST address any scientific and/or social scientific issues raised by your legal issues as well. This means that you MUST include citations and evaluations of the science and/or social science issues in your memo. If you limit yourself to discussion only of the legal issues you will not receive a passing grade on your memo.

Class Exercise Number One: Science, Law and the Polygraph

Class Exercise Number Two: Breaking the Law: The "Freedom Engine"