Connecting the Dots: Working Across the Curriculum
by
Doris Estelle Long

One of the unfortunate results of current first-year curricula is the tunnel vision many students develop regarding the individual core courses.

From the students' perspective, issues studied in Contracts relate only to contract law, issues studied in Torts relate only to tort law, and so forth. Students learn quickly to wear their "contract hat" in Contracts and to take it off the minute they step out of the classroom.

Life in the outside world is not so neatly regimented. In today's world of complex legal relationships, the best lawyers are those who perceive the interrelationship of issues and can either consider the application of various subjects to the question or, when necessary, consult with a specialist. This ability to wear several hats at once is a difficult one to teach.

I do not advocate a curriculum with no subject matter lines, although it might be an interesting experiment. But I can combat some of this tunnel vision by encouraging students to recognize the interrelationships among the courses they are studying.

In my first-year Contracts class, although the focus of the discussions is on contract law, we spend time "connecting the dots" with torts, property law, ethics, civil procedure, criminal law, and constitutional theory. In the first week of classes, I introduce students to Matter of Baby M, 537 A.2d 1227 (N.J. 1988). Aside from encouraging some lively debates about surrogacy contracts, this case allows students to see that judicial relief in a "contract" case may be influenced by principles adopted from another branch of law -- in this instance, family law.

To introduce students to ethics, I use cases such as Fleming Co. of Nebraska, Inc. v. Michals, 433 N.W. 2d 505 (Neb. 1988), and In re Segall, 509 N.E.2d 988 (Ill. 1987). Fleming addresses some basic contract issues, but also gives me the opportunity to discuss the lawyer's responsibility for prompt and clear client communications and the need for the swift treatment of settlement offers. Segall provides an unfortunate example of a lawyer violating Disciplinary Rule 7-104 (communication between an attorney and a party represented by counsel) and gives students the opportunity to explore the contract issues of accord and satisfaction within the context of a lively ethical debate.

I introduce students to constitutional concepts such as free speech and the interrelationship between state-based contract laws and constitutional rights by assigning Cohen v. Cowles Media Co., 501 U.S. 663 (1991) (involving breach of a reporter's promise of confidentiality). I demonstrate the interrelationship between criminal law and the contract issue of consideration by assigning People v. Starks, 478 N.E.2d 350 (Ill. 1985) (involving breach of an agreement to dismiss an indictment upon the accused's passing a polygraph test).

One of the best examples of the interrelationship between contracts and other first-year subjects is Sullivan v. O'Connor, 296 N.E.2d 183 (Mass. 1973). The court's holding in Sullivan that a physician's actions did not qualify as negligence, combined with its willingness to consider awarding monetary relief on the plaintiff's contract claim for such "traditional" tort relief as pain and suffering and mental anguish, provides an excellent opportunity to discuss the policy issues behind two related areas of law.

I also use contract cases early in the semester to discuss the structure of the civil judicial system. I spend part of one class period having one of my colleagues provide a brief overview of the stages of civil litigation. This overview eliminates much of the confusion over the procedural posture of the cases we study.

This approach doesn't have to take a great deal of class time. With a little diligence and by keeping our eyes open for opportunities, each of us can expose our students to the important principle that no subject area of law exists in a vacuum. By starting this process early in students' law school careers, we can begin to fight the tunnel vision approach that can be so disastrous to their future endeavors. Although I have focused on the use of contract cases, I am certain other first-year courses provide similar opportunities to "connect the dots."