Andrew W. Swain


Post-secondary academics commonly subscribe to the belief that, because new college- or graduate-level instructors were once students, they intuitively know how to conduct lectures, plan and direct classroom and homework activities, engage students in problem-based classes and simulations, and so forth. This is only partially true at best. The lack of pedagogical training and knowledge is a problem faced by many new full-time academics who begin teaching either immediately after finishing their own post-secondary education or, like myself, later in life, as a second career. The crux of this Article is my realizing my need for pedagogical knowledge for teaching undergraduate and graduate courses, my acquiring it, and my using it to develop and improve mock, in-class jury exercises that are done in a way comporting with experiential learning methods and allow my business law students to have real-world legal experiences. Through a few personal anecdotes, I want to impart practical wisdom to new post-secondary educators regarding pedagogical development and implementation. This Article has three goals—first, to underscore the importance of stories in encouraging educators to strive for classroom improvement; second, to serve as an educational tool regarding how to improve one’s classroom instruction, particularly in the realm of simulated legal exercises; and third, to provide business law instructors with a mock-jury exercise that they can use without alteration or addition, modify to their needs, or use for guidance in developing their own exercises.