Evaluation and Grading


Your grade in the course will be based on:

1 Class Participation 25%

2 Online Participation 25%

3 Problems 25%

Quizzes 10%

Essays 15%

The scores posted on Moodle are not your official grades. The scores are not final even when posted and are subject to change. The scores may be subject to the curve. Your official grade is the grade reported by the registrar's office.


Overall Grading Norm (Example) (Subject to the Curve)

Below is an example of the grading norm that I use to assign final grades. This norm is flexibility applied and is subject to application of the curve. Please note that this range applies to “Overall” score. It is possible to have many individual scores that fall in a lower grade range but have a higher individual overall score.

Grade Range Score Range A+, A, A- 87.5 to 100

B+, B, B-, C+ 71.5 to 87.4

C, C- 63.5 to 71.4

D. D+ 55.5 to 63.4

F 0.0 to 55.4

1 Class Participation includes in-class and Weekly Reflections.

2 Online Participation includes glossary and multiple choice questions. There is also an overall participation grade calculated.

3 Problems includes problems and learning objectives.

Understanding the Curves. If your scores is consistently above the mean (average) -- than your final grade is likely to be a B- or higher. That is if the average is 76 and your score is 79 than your final grade is likely to be a B-. If your scores are more than one standard deviation below the mean you are likely to make a "C (2.00)" or lower.

While a "C (2.0)" is a passing grade for the course, the impact can be the equivalent of a failing grade because you need a 2.2 average to graduate.

Evaluation and Grading: Class Participation

Class Participation

In-class participation will be based on attendance, preparation for class (i.e., class problems), effective participation in the small group cooperative learning process and large group discussion.

This is a cooperative participatory learning class. That means that your absence affects the learning of others. Consequently, missing classes significantly affects your grade.

While missing even one class will affect your grade, in general, missing more than two classes (which is the equivalent of four classes) will significantly affect your class participation grade. If you are more than 10 minutes late for a class you will be considered absent.

However, class participation means more than showing up for class. Class participation includes actively participating in class including being adequately prepared.

Attendance is required. Attendance will be taken at the beginning of each class hour. Students who are not seated and prepared to begin class when attendance is taken will be counted as tardy. A tardy counts as an absence.

"Excused absence" means documented illness of self or child, or a family emergency. "Family Emergency" is limited to death or catastrophic occurrence affecting the student's immediate family or closely-extended family. Flat tires and similar automotive failures, computer problems, speeding tickets, work, interviews, court dates, etc. are per se unexcused absences.

Class Participation requires presence during the entire class period. Students should not leave the classroom once class has begun except in emergencies.

Class Participation requires attention. Students should refrain from engaging in activities that are disruptive to the class. Professional conduct requires that students refrain from eating, talking or laughing while others are speaking, passing notes, playing games, reading newspapers, or in any other manner disrupting the educational process by being rude or inattentive. Students acting in an unprofessional manner will be asked to leave the classroom and will be counted absent for that class. During small group, simulations and large group discussion all computers should be closed. When laptop use is permitted, the only permissible use is note-taking .

You may not use Blackberries, Treos, mobile phones, and other handheld devices. You must turn off such devices before coming to class. Set to vibrate is not acceptable. If your cell phone rings during class you will be asked to leave and the day will be count as an absence. Checking your messages, Surfing the web is by definition NOT paying attention.

Class Participation requires preparation. Occasional inability to complete the assignments is understandable. Missing more than three problems will affect your problem grade. If you are not prepared for class by having your problem completed before class, your class participation grade will be considered unprepared.

Your daily class participation grade will be evaluated based on a combination of your self evaluation and my evaluation. Your Evaluation MUST be submitted online within 15 minutes of the end of class. Failure to submit your online assessment will result in a grade of “45".


Evaluate Your Class Participation for Today

(Must Complete and return at the end of class)

95 I was throughly prepared. I contributed readily to the conversation but didn’t dominate it. I made thoughtful contributions that advance the conversation. I showed interest in and respect for other views. I participated actively in small groups. I took notes/ reported for the small group AND I raised diversity/bias issues related to the topic at hand.

90 I was thoroughly prepared and contributed readily to the conversation. I contributed occasionally without prompting. I participated actively in small groups. I took notes/ reported for the small group OR I raised diversity/bias issues related to the topic at hand.

85 I was prepared and I contribute to large group discussions. I showed interest in the discussion, listened attentively and participated actively in small groups.

80 I was prepared, but I did not voluntarily contribute to discussions and gave only minimal answers when called on. I showed interest in the discussion, listened attentively and participated actively in small groups..

65 I was prepared. I did not contribute to small group discussion OR . I participated in a problematic way; I may have talk too much, made rambling poor tangential contributions, continually interrupt with digressive questions.

45 I attended class but was not prepared. I did not have my problems for class. Or I tried to bluff my way when unprepared or otherwise dominate discussion. I failed to acknowledge cues of annoyance from the professor or student. Or I did not contribute to either small group discussion or large group discussion.

0 Student did not attend class or if the student attended they were disruptive .

If you gave yourself a grade of 90 or 95, explain the bias point you made. You must do this for a 95 grade. You only need to do this for a 90 grade if discussing bias was the basis of earning a 90.

Weekly Reflections

On a weekly basis you will be asked to reflect on your learning:

Substantive Law

Think about the past week, what is the most important thing you learned about Remedies. Why? Be thoughtful. Be reflective. Be specific. How will what you learn help you be a better lawyer? (at least 150 words, include word count) (Do Not Post until after class and after you have completed the other assignments. If at all possible this should be the last assignment )


Diversity/Bias and Remedies

Think about the past week, how is the substantive area studied impacted by diversity/bias issues and how is diversity/bias issues (and implicit bias) impacted by the substantive area studied. (at least 150 words, include word count)(Do Not Post until after class and after you have completed the other assignments. If at all possible this should be the last assignment )

Generally, your weekly reflection postings should be at least 150 words for each reflection and you should indicate the total word count in the Subject heading.

You should use a subject heading that is representative of the point being made in your reflection.

These postings will be rate by faculty only, however, your peers may read and comment on them.

Evaluation and Grading: Online Participation


Online Instruction Defined

Online instruction is any formal educational process in which the instruction occurs when the learner and the instructor are not in the same place and Internet technology is used to provide a communication link between the instructor and students. Different forms of online instruction include:

• Sharing information on a web site (example: course syllabus/ web site))

• Providing practice for new concepts by using online activities such as simulations and games

• Communicating one-to-one or one-to-many via email for instructional purposes

• Conducting discussions by using a threaded discussion board

• Conducting discussion by using chat

• Holding office hours by using chat or GotoMeeting or Elluminate

• Delivering library resources via the Internet (example: Electronic databases, electronic course reserves)

• Giving tests or evaluating performance by using online assessments

• Submitting assignments electronically


Online Expectations

Participation on Moodle is integral part of this class. Any questions about the course should be posted under "Student FAQ" in Moodle.

Your online participation will be evaluated on your participation in the discussion forum, your completion of glossary entries, your completion of online assignments and quizzes and your weekly reflection.

Moodle has many ways for me to evaluate your participation. For instance, I can determine the number of primary discussion postings, the number of secondary forum postings, the postings read, etc. If a person tries to game the system, i.e., repeatedly viewing the same postings, I can determine that and the person will be penalized.

You should also post information or news about “Remedies”.

Postings will be rated by both faculty and students using the following rubric:

the posting is clearly tied this week’s readings (1 point) the posting relates this week's reading to what has already learned in the course (1 point) the posting relates this week's reading to student's own personal experiences or lack of experiences (1 point) the posting discusses how this week's content is related to the role of the law, lawyers and the legal system to race and racism in America. ( up to 3 points) Deduct 2 points if less than 150 words or no word count included Deduct 1 point if subject line is not sufficiently descriptive of main point

Give 0 points if the posting: flames, uses offensive language, is uncollegial or unprofessional

In this class, online discussions will count towards your Assignments grade in the course. The purpose of the discussion forum is to frame and promote collaborative learning. Active and regular participation is not only important for me to see, but also important for you in learning the course content and in developing your thoughts and positions on various topics.

The three cardinal rules for Discussion Forums:

• Please remember that the culture of mutual respect that is part of this course extends into the virtual classroom environment.

Participation in these discussion boards is required.

• Participation alone is not enough; a thoughtful and meaningful approach in your posts is required. (Quality counts!)

Here is the protocol for posting and contributing to EACH online discussion forum:

• You are expected to participate on at least 3 different days.

• You should begin at least one thread by Monday and provide at least two posts in response to other participants’ threads by Wednesday and read all postings by Friday..

Posting should be a minimum of one short paragraph and a maximum of two paragraphs. Word totals for each post should be in the 100-200 words range. Whether you agree or disagree, explain why with supporting evidence and concepts from the readings or related experience. Include a reference, link, or citation when appropriate.

• Be organized in your thoughts and ideas.

• Incorporate correlations with the assigned readings or topics.

• Stay on topic.

• Provide evidence of critical, college-level thinking and thoughtfulness in your responses or interactions. Avoid summarizing.

• Contribute to the learning community by being creative in your approaches to topics, being relevant in the presented viewpoints, and attempting to motivate the discussion.

• Be aware of grammar and sentence mechanics.

• Use proper etiquette. Remember that being respectful is critical.



Each week there will be at least one glossary to be completed. You should include terms, concepts and ideas related to the health law concept being studied. Each week you should

identify at least one term, concept or idea and define or explain it. review and rate all the terms for members in your group. provide comment on at least two terms

The definitions CANNOT be copied from the book but should be in your own words. Examples and Hypos can be included. where appropriate. As you study and gain better understanding you should feel free to update your postings.

Rubric for Ratings

1 pt. defines a fundamental term, principle, or concept , rule, element, standard or test 1 pt. includes the location in the reading; or other source. 1 pt. is accurate, thorough, complete and relevant. 1 pt includes reference to a relevant legal case, a hypothetical, example, illustration or clarification.


Multiple Choice Questions

Develop one multiple choice question for the section of the book assigned.

Your question be a very short hypothetical that test a very narrow part of a rule, concept, standard or test. Your question must be complex and cannot merely be removing a word or two from a definition. It should provide a factual situation and ask the testtaker to apply the law to the situation.

Your question should have 1 correct answer and three incorrect answers. Your incorrect answers must be based on either: mischaracterization of facts, misstatement of the law, or ignoring the central issue.

You should explain, with some detail, why the answer is incorrect and cite to the page number in the book that supports your explanation

Rubric for rating Questions:

Read and Rate Questions on level difficulty and accuracy

4= very difficult, very accurate 3= not very difficult, but very accurate 2= very difficult, but not very accurate 1= Not very difficult and not very accurate 0= No question or question not over the assigned section.


General Posting Guidelines

Writing a post includes posting an original post and/or responding to one. Responding to a post does not count as much as posting an original one.

The post must be substantial. Superficial, agree or disagree post or discounted or not counted at all. I will delete post that appear duplicate and superficial. If I notice a pattern of behavior it will affect your moodle grade

You earn points for reading a post, but the number of points count as a lower percentage of the total score than if you write or respond to a post.

Moodle activity is always evaluated in the week of assignment. So, for example, the only Moodle activity that will count in an upcoming week will be that which occurs in that week. And, to a lesser value, in the In The News Section. Specifically, back reading old post will not count.

Posting, responding, and reading posts in the “ In The News” section always counts less than activity in the section currently assigned.

Quantity counts, that is, of the students who are posting similar quality posting, the person with the most postings and who has read the most will get a higher raw score.

Quality counts, that is students will be rewarded for posting thoughtful on point posting.

Cutting and pasting articles do not count even if you add a short statement. Summarize the relevant content, provide a link and then discuss your reaction to the article.

Evaluation and Grading: Problems


During most classes we will work on problems, in fact the primary focus of the class will be on problems. You should work out an outline answer to the assigned problem, think about the unassigned problems and be prepared to fully participate in the class on all the readings.

You are NOT prepared for class unless you have two copies of your assignment with you at the start of class.

Formatting Convention: typed, single spaced, 12 pt. Times Roman, margins 1 inch. Suggested word length: 500 to 800 words;

YOU SHOULD BRING TWO COPIES of YOUR PROBLEM ANSWER to CLASS. One copy will be turned in during class. Fold one of the problem vertically in half and put your name in bottom right corner, put the problem number on the second line.

Problem answers will be collected during class. No problems answer will be accepted late (That is after class); No exceptions!

Your problem answer should reflect a good faith attempt to answer the question. No credit will be given if you are not in class. That is, you cannot turn in problems if you are absent from class.

Evaluating Your Problem for Class Participation

For each problem you should prepare your own answers BEFORE CLASS. Those answers should be turned in at every class. To be prepared for class, your problem answer should reflect a good faith attempt to answer the question. Good Faith Effort will be judged by whether your answer made significant attempt to address the problem in accordance with the guidelines.

Evaluating Your Problem Peer Assessment

Your problem grade will be based on your peer assessment of problems submitted online. "Peer assessment is a process used for checking the work performed by one's equals (peers) to ensure it meets specific criteria. Peer [assessment] is used in working groups for the law and for many professional occupations because peers can identify each other's errors quickly and easily, speeding up the time that it takes for mistakes to be identified and corrected. . . .Generally, the goal of all peer review processes is to verify whether the work satisfies the specifications for review, identify any deviations from the standards, and provide suggestions for improvements. ". The expectation is that you will make more than a good faith effort in conducting all peer assessments. In fact you will receive an assessment grade.


Notes on Grading of Peer and Self-Assessment on Moodle

The score on workshop consist of two parts - submission grade and assessment grade. The assessment grade is based on how well you do the assessment. Just doing the assessment is not enough, if you are too generous or too restrictive in your assessment your grade will be lower.

There is a temptation to give average scores, to give all high scores or to give all low scores. Such a strategy will inevitably affect your assessment grade by significantly lowering it. Moodle compares your assessment to the other assessments, particularly the teacher's assessment, and your assessment grade is based on that calculation.

Appealing Grades on Peer Assessment

After each problem is graded, if faculty or teaching assistant didn’t conduct an assessment, you will be given the opportunity to appeal the grade. You may appeal a grade if any one of the following exist:

• your submission score is below 70%

• there is 15 pts or more difference between the highest submission score and the lowest score

• there is fewer than 3 assessments

If an assessment is conduct than the score from this assessments becomes the weighted score. The impact of this assessment is that your submission score can be lowered, raised or stay the same.


Problem Assessment Rubric

Problem/Rule/Element (weight: 2/20)

Student’s response directly and completely addressed the call of the question; wrote or paraphrased the appropriate rule of law for the problem; raised and dismissed those issues that required no analysis; correctly identified the elements requiring analysis

Elements-at-issue (E.I.) (weight: 5/20)

Student's response correctly identified only those issues requiring analysis. For each issue, Student correctly responded completely to the E.I. and addressed only the E.I. Student's response correctly stated or paraphrased the appropriate rule of law for solving the element-at-issue

Analysis or Application (weight: 10/20)

For each issue, Student's response used all and only the key facts; demonstrated good judgment in making argument based on reasonable assumptions; and considered arguments in support and opposition to the conclusion offered. On legal issues, the students response considered arguments in support of each standard; examined the weaknesses of each standard; and, showed good judgment in choosing one standard over the others.

Conclusion (weight: 2/20)

Student’s response came to a well-reasoned conclusion. Student's response included a conclusion that was adequately explained, that logically followed from the analysis, and conclusion was correct. Student's response included a conclusion that was adequately explained, that logically followed from the analysis, and conclusion was correct.

Organization (weight: 1/20)

Student's response was logically organized. First, it discussed whether plaintiff had a right to remedy. Second, it thoroughly explain the choice of remedies that were available. Third, it identified the particular remedies. It discussed the different remedies separately. Finally, Student put answer in memo format as identified.


For each of the criteria you will assess the student’s response by answering the following question:

The student’s response did an exceptional job of addressing the general points and the specific points identified.

5: Strongly agreed, no improvement necessary, no off point discussions 4: Mostly agree, miss a few points or discussed a few points not identified 3: Agree more than Disagree, missed several points or discussed several points not identified 2: Mostly disagree, missed many points or discussed many points not relevant 1: Strongly disagree, discussion completely off target 0: Did not attempt this discussion

Assessment Comments

You must provide student’s with specific comment on how their responses can be improved. The comments must be substantive, written in complete sentences and must be specific.

Evaluation and Grading: Quizzes


There will be periodic online quizzes. The quizzes will be based on the questions developed by the students and on questions from the resources on reserved in the library.

Evaluation and Grading: Essays On Race, Bias and Remedies

Essays on Race, Bias and Remedies

You are to write an essay on:

• Damages

• Restitution

• Equitable Remedies

Your essay should be between 800 to 1200 words.

You should use the following organization:

• Introduction (including thesis statement)

• Analysis of Remedies Concept, Race and Bias

• Conclusion/Recommendation

Read and cite to at least 3 articles, at least one of the articles have to be on implicit bias citations should be footnoted not endnoted;

Use bluebook, law review form.