I will pass around a seating chart on the first day of class.  You must be on the seating chart to receive credit for the course. If you are not on the seating chart, I will not turn in a grade for you at the end of the semester, even if you take the final exam. It is your responsibility to see to it that your name is on the seating chart. You must sit in your assigned seat for each class. If you would like to move to a different seat after the first day, just let me know and I’ll be happy to adjust the seating chart.

Attendance:

• Attendance on Class Discussion Days:
  • Attendance is mandatory, as is preparation. Class discussion is crucial to your understanding of the materials.
  • Number of absences:
    • You may have 6 or fewer absences with no direct effect on your final grade -- in other words, 6 or fewer absences will not have any impact on the determination of your final grade. Of course, having more than one or two absences may have an indirect impact on your final grade, because attendance and class discussion are crucial to learning the material.
    • If you have 7 absences, I may lower your final grade by one level (e.g., from a B to a B-).
    • In addition, if you have 8 or more absences, I may ask the Dean of Students to remove you from the class roll.
  • What constitutes an absence:
    • You will be marked absent for any day on which you have not signed the attendance sheet, except for the first day of the semester, when I will pass around only the seating chart.
      • The reason for the absence (illness, other personal commitments, traffic jams, etc.; planned versus unplanned) does not matter.
    • The fact that you actually attended does not excuse you from the requirement of signing the attendance sheet.
      • It is an Honor Code violation to ask someone else to sign your name for you on the attendance sheet.
      • It is an Honor Code violation for you to sign someone else’s name for them on the attendance sheet.
    • You must sign the attendance sheet in class when it is circulated.
      • If for some reason the attendance sheet does not reach you during class, then you need to come up immediately after class, before I leave the room, and sign it then.
      • If there is a day when you attend but do not, for whatever reason, sign the attendance sheet during class or immediately after class, you may -- one time only -- email me and let me know that you were in fact there, and I will have you marked present for that day. You must send me this email within two weeks of the date of the particular class.
    • In general, the aim of this policy is to leave it to you to manage your own commitments and circumstances through a fairly generous allowance of absences. Accordingly, I will be very reluctant to make any exceptions. But if you believe there are circumstances that might make compliance with this policy uncertain, please raise the matter with me well beforehand and I will be happy to talk with you about it.
  • NOTE: An absence on one of the days on which an in-class exam is scheduled is treated under the rules below on “Attendance on In-Class Exam Days”
• Attendance on In-Class or After-Class Mid-Term Exam Days:
  • You must attend on all of these three days. There will be three mid-terms. Two will be during the regular class time. One will be at the end of the day. The dates and times can be found on the Syllabus page. The exams will be administered through our anonymous grading system.
  • Unexcused Failure to Attend on an Exam Day: A student will receive a failing grade for any exam given on a date the student fails to attend without being previously excused.
  • Illness or Emergency Before the Exam Day: A student who is ill or has an emergency prior to the beginning of an In-Class Exam Day must notify the Dean of Students prior to the start of the class, provide supporting documentary or other evidence, and request to be excused. If the student is excused, the Dean of Students will arrange for the student to do the exam or an alternate as soon as possible thereafter. However, a student who is excused from attending but decides nonetheless to attend and begin or continue the exam waives the excuse and will be graded based on his or her performance that day.
  • Illness or Emergency During In-Class Exam Day: A student who becomes ill or has an emergency during an in-class exam and is unable to continue should immediately notify the proctor and the Dean of Students, and request to be excused. All cases caused by medical emergency must be documented by competent medical personnel in writing or in a direct telephone conversation between the physician and the Dean of Students. If the student is excused, and does not in fact complete the exam, the Dean of Students will arrange for the student to do the exam or an alternate as soon as possible thereafter.
  • Excuse After Missing an Exam Day: A student who requests to be excused after failure to attend on such a day must submit a written request to the Dean of Students. Approval will be granted only in unusual circumstances for compelling reasons that justify failure to request in advance that the absence be excused. Such reasons include serious personal illness requiring the care of a physician and death or serious illness in the student’s immediate family or household, such that a request to be excused prior to the exam could not have been submitted. If an excused absence is granted, the Dean of Students will arrange for the student to do the exam or an alternate as soon as possible thereafter.

• Please arrive on time. It’s better to aim for at least a few minutes early so you can get settled.
• If you arrive late, come in through the door to the rear, not the door to the front of the classroom.
• Please don’t talk during class except to participate. I welcome class participation, but side conversations -- even whispering, even if it’s about class-related materials -- disturbs other students around you, as well as me.
• Please bring all materials assigned for a given day. That will typically be your casebook, and in many instances also the supplementary materials. I will expect you to have them with you and be able to refer to them when I call on you.
• Please don’t let any electronic device you bring make any noise in class. You’re welcome to bring your cell phones, tablets, laptops, etc. into the classroom, but you need to make sure that any electronic device you have doesn’t create a disturbance in class. This means:
  • Before each class, turn off cell phone or set it to vibrate.
  • Set your laptop to start running silently, with no sound sequence when it starts up.
  • If you arrive late, don’t turn your laptop on unless you’re certain it will make no noise when you start it. If you’re not certain it will start silently then take your notes by hand that day.
  • If an electronic device of yours does go off during the class, please come up and see me after class to let me know what you’ll do to prevent it from happening again.
• Please use your laptop in class only for class purposes such as note taking. Using your laptop for other purposes, such as playing games or sending or receiving instant messages or e-mail, is inconsistent with the class. It distracts students around you and makes you unprepared when I call on you, which slows down the class. If I call on you and you are looking at your laptop and are not prepared to answer the question, or if I discover that you are using your laptop for other than permitted purposes, I may revoke your right to bring a laptop to class.
• Please don’t leave class before it’s over, even briefly, unless it’s unusually urgent.
  • Coming and going during class, like arriving late, distracts everyone, including me. Occasional instances where someone has to step out for an urgent need won’t be a problem, but keep in mind that being a lawyer -- examining witnesses in the courtroom, dealing with clients, negotiating a deal, making a presentation, and the like -- often involves staying put for longer than the 80 minutes class takes.
  • If there is too much coming and going during class time, I may impose a requirement that anyone leaving before class is over not return for the rest of the class, which will at least cut the disruption in half.

Honorifics:

In class I typically address students with an honorific (e.g., Mr. Diaz or Ms. Garner). If you wish to designate one or the other or a non-binary honorific (e.g. Mx. Olsen) please let me know.

Final Grade:

Your final grade will consist of points earned on the final exam, which will be closed book; points earned on the in-class exams (see above); and class participation, which can raise your grade but not lower it. Once your final grade is determined this way, I may lower it as indicated above for excessive absences.

Taping/streaming classes:

You may record or stream the class only with my prior permission.

Disability:

If you believe that you have or might have a disability that might affect your ability to comply with any of these ground rules, or might require an accommodation in any other respect, please contact the Office of Student Accessibility and Inclusion; telephone: 305-284-9907; email disabilityservices@law.miami.edu).

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