McDonald's Spilled Coffee Case Revisited

Yesterday I attended a Georgia lawyers conference (I'm a Florida Bar member) on million dollar verdicts in personal injury cases. In one of the cases, a women got a $1.25 million verdict for getting burned from her wrist to her knuckles by a cappuccino machine at a convenience store. The jury awarded $700,000 for her pain and suffering, and $525,000 for future medical expenses (the case was settled thereafter for a confidential amount)

At first blush, these verdicts sound laughable to the general public. On closer examination though, the media accounts usually leave out the important facts. The plaintiffs showed negligence on the part of the store. (that an employee cleaned the machine but failed to replace an internal part which led to the scalding) In addition, the woman's second degree burns caused nerve damage and excruciating pain which required heavy narcotic medication and necessitated the implantation of electronic stimulators on her spine - all of this a full year after the incident.

That case got me thinking again about the famous McDonalds coffee spill case from 20 years ago. Do you remember the media version or do you know all of the facts? This article helps give the other side of the story:

The Actual Facts about the McDonalds' Coffee Case
http://www.lectlaw.com/files/cur78.htm

Related to the McDonalds case, here's a portion of my upcoming presentation to Insurance professionals from ten countries, entitled:

OVERVIEW OF THE UNITED STATES CIVIL COURT SYSTEM & PRODUCTS LIABILITY LAWS

Questions to think about before our session:

A lawsuit can last anywhere from two to ten years in the United States. (I worked on two cases lasting thirteen years!) How does this compare with court cases in your country?

In some civil cases, a U.S. plaintiff may request punitive damages, pain and suffering, emotional distress, and loss of a spouse’s love and affection. How do these types of damages compare with remedies in your country?

Is the U.S. legal system “out of control,” as many in the insurance defense industry suggest, or does the media only highlight and portray the most outrageous cases in its news reporting?

Today’s “Takeaways”:

- The U.S. legal system is at times inefficient, with lengthy appeals and little control over the Discovery process at the trial level

- Arbitration is a viable alternative to litigation but it is very difficult to appeal an adverse ruling

- What defendants fear the most in the U.S. legal system:

o Punitive damages, pain and suffering awards, juries

- What plaintiffs fear the most in the U.S. legal system:

o Delayed justice, attorney fees, and court costs

- The media shapes public perception of the U.S. and international legal systems

o The McDonald’s coffee spill case and the BP Oil case

o The Amanda Knox case

§ The U.S. and Italy’s court systems and media

I. Beginning the litigation process – you need “standing to sue”

Sample “Causes of Action” – Products Liability Case

A. Negligence - -was the defendant careless?

1. Liability

-Duty of defendant to plaintiff

-Breach of duty (failure to act “reasonably”)

-Proximate Cause

2. Damages

- when can a plaintiff seek Punitive Damages?

Other causes of action

B. Gross Negligence

C. Fraud

D. Emotional distress

F. Loss of consortium

G. Strict Liability - -The manufacturer of a product may be liable to a customer even if it is not "at fault" - in other words, even if the manufacturer acted "reasonably"

H. Breach of Warranties

II. Legal Theories to Sue the manufacturer of a product

1. Failure to warn customers of dangers
2. The particular product the customer bought was defective
3. The overall design of the product is defective
   

Which theory or theories did the plaintiff use in the McDonald’s spilled coffee case?

III. Types of Damages

-economic

-non-economic (pain and suffering)

-loss of consortium

-punitive

Pay Teachers More

Good Op-Ed piece in The NY Times...

A basic educational challenge is not that teachers are raking it in, but that they are underpaid. If we want to compete with other countries, and chip away at poverty across America, then we need to pay teachers more so as to attract better people into the profession.

Until a few decades ago, employment discrimination perversely strengthened our teaching force. Brilliant women became elementary school teachers, because better jobs weren’t open to them. It was profoundly unfair, but the discrimination did benefit America’s children.

These days, brilliant women become surgeons and investment bankers.

Continue reading Pay Teachers More
http://www.nytimes.com/2011/03/13/opinion/13kristof.html?src=ISMR_HP_LO_MST_FB

Now read: 5th Grader Donates Life Savings To Save Teacher Jobs

Alarmed to hear that state budget cuts were forcing teacher layoffs in her area, Arcadia, Calif. 5th grader Jocelyn Lam decided to donate her life's savings to help her school retain teachers.

Patch reports Lam handed over her entire $300 savings to Camino Grove Elementary School teacher Todd Weber. She also included a note expressing her support for her teachers and imploring district officials to use her donation to save jobs.

http://www.huffingtonpost.com/2011/03/12/jocelyn-lam-arcadia-5th-g_n_834800.html

For-Profit Colleges -- Still Partying Like It's 1999

Just posted on The Huffington Post College section:

For-Profit Colleges - Still Partying like it's 1999

I was dreamin' when I wrote this so sue me if I go 2 fast. Prince, 1999

So where are we in the great debate on whether to regulate for-profit colleges?

From an owner of a for-profit college: I'm a businessman out to make a profit. Truly, I don't care about the well-being of the students.

CONTINUE READING AT THE HUFFINGTON POST:
http://www.huffingtonpost.com/perry-binder/forprofit-colleges-still-_b_831771.html



Data from Senator Harkin's Oversight Investigation of Federal Dollars Going to For-Profit Schools
http://harkin.senate.gov/forprofitcolleges.cfm

fyi - University of Phoenix is a subsidiary of The Apollo Group Inc., listed above
http://www.apollogrp.edu/About.aspx


Story Update 8/24/11

Party Ends at For-Profit Schools - Wall Street Journal

For-profit colleges are facing a tough test: getting new students to enroll. New-student enrollments have plunged—in some cases by more than 45%—in recent months, reflecting two factors: Companies have pulled back on aggressive recruiting practices amid criticism over their high student-loan default rates. And many would-be students are questioning the potential pay-off for degrees that can cost considerably more than what's available at local community colleges.

http://online.wsj.com/article/SB10001424053111904279004576524660236401644.html?mod=WSJ_hps_editorsPicks_1

Story Update 8/16/11

Last Monday, the Department of Justice filed a complaint against Education Management Corp. (EDMC), marking the first time the federal government has gotten involved in one of many cases against such for-profit colleges.

The move represents an escalation in a battle against for-profit colleges, which have been targeted because they are funded largely by students with federal loans, who are far more likely to default than students at non-profit colleges and universities.

The complaint against EDMC, which operates schools in 105 locations under the names such as Art Institute, Argosy University, Brown Mackie College and South University, alleges the company paid its recruiters based on how many students they enrolled.

"EDMC has created a 'boiler room' style sales culture and has made recruiting and enrolling new students the sole focus of its compensation system," the government says in its 122-page complaint.

Continue reading:
http://www.msnbc.msn.com/id/44093876/ns/business-school_inc_/t/us-opens-new-front-fight-for-profit-colleges

Classroom Doc Cam wins smackdown over PowerPoint

The best classroom technology for education ever invented is the “document camera,” also known as the doc cam. Better than an overhead projector, you can place any piece of paper on this machine and it appears on the screen for students – funny cartoons, pictures, headlines – this machine is invaluable.

Each of my class sessions has a list of terms that I give to students in a packet. Knowing that many students forget to bring the term sheets, I project that list on the screen throughout the class session, so students can follow along. Students know the exact order we’ll discuss topics because of the sequence of the terms. In addition, the conscientious students know how to prepare for class since I have them look up the terms prior to class.

By the way, I hate PowerPoint. If the lights are out, you’ve lost. If you have too much text, people are trying to read and listen to you. I guess if you just use bullets and a couple of words per frame, it’s as effective as my term sheets. However, with my method, a student receives five to eight pages of terms per Exam Unit, on which they can take notes. To me, even if you load PowerPoint onto Vista for students to download and print, that’s going to be too voluminous for students, not to mention the waste of paper.

A College Semester is like a Hollywood Screenplay

In a way, the structure of a college course is analogous to a Hollywood screenplay. The movie making process is a collaborative one among the director, actors, producers, and editors. However, the process is begun in a vacuum, when writer puts pen to paper. A compelling screenplay focuses on the:
- most important and chaotic moment in the protagonist’s life
- character flaws of the protagonist
- protagonist’s dramatic need to achieve some goal or perform some task
- unbearable barriers or insurmountable obstacles placed in front of our hero
- resolution of the character’s conflict and achievement
- character’s growth as s/he learns from this trying experience

I’m the first to agree that it’s a stretch to say that a college class is the most important and chaotic moment of anyone’s life. But the structure of a class has interesting parallels to the formula for writing a good commercial screenplay.

Similarity between a Screenplay and a College Course
1. Structure. A commercial screenplay has a very defined beginning, middle, and end. Screenwriters usually aim to write a 120 page script (one page of dialogue is equivalent to one minute of screen time, or a two hour movie). Likewise, a college course has a fixed number of weeks each semester.

2. Scenes. Unlike a novel, which has the luxury of providing the reader with rich detailed narrative and exposition, the screenplay’s action must be constant. For example, Thomas Harris’s terrific novel, Silence of the Lambs is 350 pages in length. In contrast, Ted Tally’s
adaptation of the novel to a screenplay needed to cut out many scenes and most of the novel’s detailed description, in order to write a condensed manageable product suitable for the screen. Thus, every scene of a screenplay must have some purpose which drives the story forward, as our hero is forced to confront challenges. Similarly, each class session better have a purpose, providing key information which builds on prior concepts, thus preparing students for a test.

Plot Points.
A screenplay has well defined and well placed plot points. A plot point is a dramatic event in the script which sends the protagonist in a new direction. Similarly, a college course has such plot points, which is set out below.

Syd Field, an acclaimed screenwriting teacher, discusses in his book, Screenplay, where a screenwriter’s plot points should be built into a script. In his book entitled Four Screenplays, Mr. Field analyzes the structure of a handful of screenplays, including Silence of the Lambs.
Below is a simplified version of his screenplay structure model and the placement of plot points. I then use this model to make my analogy of how a college course resembles the structure of a screenplay.

In the movie, Silence of the Lambs, Clarice (Jody Foster), a freshly minted FBI agent is sent off for an assignment which might be way above her head: to speak with the dangerously brilliant psychologist, Dr. Hannibal Lecter (Anthony Hopkins) from his prison cell, seeking clues about a new serial killer, Buffalo Bill. Dr. Lecter, an expert at mind games, is in prison for killing one of his own patients.

Field’s Model & Silence of the Lambs

Act I - The Set Up leading up to Plot Point 1, an event at the end of the act which spins the story in a new direction with conflict
Act II - The Confrontation and The Mid-Point
Act III - Plot Point 2 begins just before the last act, leading to The Resolution
(from Four Screenplays, Introduction xviii)

Plot Point 1: Clarice is trying to find information about Buffalo Bill, a serial killer who likes to cut the skin off the victims’ bodies. Dr. Hannibal Lecter, an expert at profiling such killers, gives her a cryptic false lead, which she tracks down to a storage facility. Instead of finding a clue to where Buffalo Bill is, Clarice instead finds the severed head of one of Lecter’s former patients. She “passes” Lecter’s first test. “School’s out Clarice.”

Mid-Point: Lecter is transferred to a less secure holding facility in Memphis, thus facilitating his escape.

Plot Point 2: Clarice figures out who the serial killer is from one of Dr. Lecter’s clues: “We covet what we see every day.” Discovering that Buffalo Bill must have known the first victim, Clarice sets out to the home of that victim, which then leads her to Buffalo Bill’s home.

Resolution: Clarice finds and confronts Buffalo Bill. Clarice has learned about her character and conviction, and passed her test of courage.
(from Four Screenplays, 155-236)

The Structure of a College Course

Plot Point 1: Exam 1. Up until this point, the students and professor go through a feeling out process. Exam 1 is the student’s first test, the same as Clarice’s first test in the movie. The results of Exam 1 send students in a new direction, and signal that there will be many challenges ahead in the long semester.

Mid-Point: Term Paper or Extra Credit Paper. This is the Mid-Point of my college course. Students may be struggling with confidence after Exam 1. The paper is a test of their attention to detail. If students follow instructions and proofread thoroughly, they can succeed on the project. However, students will face far greater obstacles after this point.

Plot Point 2: Exam 2. This test is worth more towards the final course grade than the other tests, and covers more material than Exam 1. Once students receive this grade, they can determine what grade to shoot for on Exam 3 to achieve their desired course grade. They now have a course of action to resolve the conflict: achieve a good course grade. (and maybe never see that professor again?)

Resolution: Course grade received. Hopefully, students have learned something about the course material and themselves after Exam 3, in this months-long struggle.

And hopefully the structure offered in this article gave you something new to consider when writing a course syllabus. (or inspired you to get an agent)

Four Screenplays by Syd Field on Amazon
Additional Resource: Essentials of Screenwriting by Richard Walter

Reality of a Law Career Presentation

Here's my recent presentation for the GSU Pre-Law Club, and some of the relevant questions to ask yourself before applying to law school...

Reality of a Law Career

- Why law school? My story - Punching my ticket, assessing, and reassessing the life of a litigator

- Does every attorney go to court? (various fields of law)

- How is law school different from the practice of law? Is being a "creative hustler of greater importance than grades and experience?" Interesting quotes from this article:

"Part of the problem is that students enroll in law school without really knowing what they will do," says White. She describes law school as "the great generalists graduate school" because the typical undergraduate has no real sense of what law is. "It is more common for undergraduates to have a popular culture sense about what the law is," she adds.

A dean who wanted enrollees to have an opportunity to reflect on whether to attend law school, "sent accepted applicants who had already paid their full non-refundable deposit a unique letter that generated national attention. In it, she asked, them to reconsider their choice of attending law school. The dean offered them the option to defer their admission for one year to further reflect on their chosen path. Of the 32 students who accepted her offer, only eight enrolled this year.

- Isn’t law school a very flexible degree? (It was for me)

- Does your graduate school decision require a cost benefit analysis? Is Law School a Winning Game or a Losing Game?

- Take Away Lesson #1 – If at all possible, the most important thing for you to do before applying to law school is to get a college internship - to see exactly what lawyers do.

- Take Away Lesson #2 – Start networking now -- In person opportunities (like the GSU Pre-Law Club which brought in an Immigration attorney to speak this week) and Social Media – which social media tool is the one you should focus on to reach attorneys? (LinkedIn)

Follow the Amanda Knox case on my Social Media Law site

Last summer, I taught a Social Media Law course in Northern Italy. In that class, we followed the Amanda Knox case from an open minded international perspective, and how social media tools shaped public opinion, both in the U.S. and abroad.

As you may know, the case is in the appeals stage, which is much different from a U.S. appeal. I will be posting updated articles on the case here:
http://www.perrybinder.com/socialmedialaw.htm

Italy's Court System - The Amanda Knox case started in the Court of Assize (2 Judges and 6 jurors). The presiding Judge must be a member of a Court of Appeals; beside him/her sits a lay judge. Decisions are made by the giudici togati (Judges) and giudici popolari (Jurors) together at a special meeting behind closed doors, named Camera di Consiglio, and the Corte d'Assise is required to publish written explanations of its decisions. The lay Judges are paid for every day of actual exercise of their duty; and, in these instances, are considered public officials. They continue in office for two years. Lay Judges wear a sash in the national colours and are not technically jurors, as the term is understood in Anglo-Saxon jurisprudence. In Italian, Giudice (Judge) refers both to the eight of them together as a collective body and to each of them considered separately as a member of that body. Since lay Judges are not jurors, they cannot be excused, unless there are grounds that would justify an objection to a Judge. Also, they are not sequestered.

Amanda Knox appealed her conviction to the Appeals Court of Assize (2 new judges and 6 new jurors) – Same composition of judges and lay judges as the Corte d'Assise, but the Giudici Togati are senior to the judges of the first court. The Corte d'Assise d'Appello must also publish written explanations of its decisions. This appeal includes a complete review of the evidence – in effect a retrial.

The Professional Association of Georgia Educators (PAGE)

Just joined a great group: The Professional Association of Georgia Educators (PAGE)

From PAGE:

PAGE believes in "walking the walk" and not just "talking the talk." Click on the hyperlinked words and phrases below to see examples of how everything that PAGE does is focused on our core business.

I. Core Business:

Our core business is to provide professional learning for educators that will enhance professional competence and confidence, build leadership qualities and lead to higher academic achievement for students.

II. PAGE Believes:

1. In providing a continuum of high quality, relevant professional learning for pre-service, novice and career educators.
2. Educators participating in our professional learning activities will lead their schools and school communities in systemic change through reflective and strategic thinking.
3. Educators are leaders to be valued and honored.
4. The quality of our professional learning activities makes Georgia a better place for teachers to teach and students to learn.
5. All professional learning activities must have a comprehensive evaluation process for continuous improvement.

FOR FURTHER INFORMATION ON PAGE, VISIT: http://www.pageinc.org/

Your professor's inner thoughts (sounds creepy, but it's not my title!)

This article was reprinted in my college alma mater's newspaper ...

Op-Ed Feb. 4, 2011

Click here for The Huffington Post version

or Click image below for college newspaper version

Teach for America rises to the challenge to ‘Make History’

I am a huge fan of the Teach for America mission, and have a former student who just made the final round of interviews for a slot to teach. Here's a great article written by the TFA founder:

In low-income communities across the country, transformational teachers and leaders — and their hard-working students — are proving that America’s greatest injustice is a solvable problem. In “A Chance to Make History,” Teach for America founder Wendy Kopp explores what’s driving these inspiring success stories. Here’s an excerpt.

Continue reading
Teach for America rises to the challenge to ‘Make History’
By Wendy Kopp
http://today.msnbc.msn.com/id/41376767/ns/today-books/

Is College an Industrial Degree Factory?

I found this Op-Ed in my alma mater's student newspaper (Pipe Dream, Binghamton University)

Two quotes caught my attention - perceived cynicism mixed with personal optimism:

Sadly, the fact that college is hardly about learning or getting an education is old news. Rather, it is widely accepted that college serves the primary purpose of qualifying students for professional positions.

College is, or at least should be, about personal development. As cliché as it sounds, it is important to remember that, more often than not, real growth takes place outside of the classroom.

So you tell me - what is/was college really all about for you?

Read Binghamton University: An industrial degree factory
By Michael Snow
http://www2.bupipedream.com/op-ed/binghamton-university-an-industrial-degree-factory-1.1922536

8 Things Your Prof Cares (or Doesn't Care) About in Class

With the recent huff over college students not learning a darn thing (45% Of Students Don't Learn Much In College), I figured it was time to offer what goes on in the mind of a college professor. This is what I care about and don't care about in class:

1. DON'T CARE if your cell phone goes off, as long as I get to answer it. These days, I'm having trouble distinguishing incoming calls from texts. Droid!

2. DO CARE when you distract other students. This coming from someone who as a college freshman once launched a mini toy helicopter which circled the classroom and soft crashed on his professor's head. I was surprised and relieved that the professor didn't get all Cornell prof on me.

3. DON'T CARE if you text or surf the web in class (except during exams). Show me that you are a multi-tasker, especially if I have nothing relevant or funny to offer.

4. DO CARE that you view writing as a craft (not as a "spell check" exercise). True story: In a legal document, an attorney asked the judge for a delay in his case because he was undergoing a delicate medical procedure on his back: Disk surgery. However, he mistakenly typed a different four letter word that looked like DISK, inserting an unfortunate "C" rather than the needed "S." Spell check won't catch that!

CONTINUE READING IN THE HUFFINGTON POST

8 Things Your Prof Cares (or Doesn't Care) About in Class

Lessons of Justice and Empathy - On Coal River

This weekend, I previewed On Coal River (tells the story of Marsh Fork Elementary and its fight for a new school), awesome documentary! I purchased a license for the film and will be showing it in my Introduction to Law class in a few weeks, as we discuss lessons of justice and empathy. On Coal River is receiving numerous awards, including the Gotham Award for the “Best Film Not Playing (yet?) at a Theater Near You.”

Variety Review: West Virginians "best a corporate Goliath… Keenly observed… Respectful, thorough, and relevant.”

For new Crazy Classroom blog readers, I have followed the plight of Marsh Fork for years. Here is my most recent post on the subject, re-published in The Huffington Post:

Lessons of Justice for College Students: Grandpa versus Big Coal

by Perry Binder

This is not an environmental issue. This is about a little human being. -- Ed Wiley (Grandpa) speaking to then West Virginia Governor Manchin (now U.S. Senator)

While the media insults and labels the youth of every generation like an X or Y or Z (oh you Slackers, Echoes, and Netters), I instead see college students bringing energy and a common message of hope to the table: to make a difference in their lives and those of others. And in an Introduction to Law class, it is my job to find them real world cases to teach lessons of justice and injustice. So let's meet Ed Wiley and the kids at Marsh Fork Elementary School.

Continue reading at Crazy Classroom and The Huffington Post:
http://yourrubberroom.blogspot.com/2010/10/lessons-of-justice-for-college-students.html

Teacher Training, Taught by Students

Interesting teacher training program in low performing NJ schools ...

Syidah O’Bryant scribbled notes in a composition book, trying to keep up with a lesson about why teenagers are so sleepy in the morning.

Usually Ms. O’Bryant, an eighth-grade social studies teacher, is the one talking. But on Tuesday, it was her student, Kare Spencer, 14.

“She’s the boss of me; she’s teaching me,” Ms. O’Bryant said.

In a role reversal, Ms. O’Bryant and other teachers at Brick Avon Academy are getting pointers from their students this year as part of an unusual teacher training program at 19 low-performing Newark schools.

The lesson learned by Ms. O’Bryant? “It makes you think about really hearing the kids,” she said. “You can learn from them. They have their own language.”

Continue Reading Teacher Training, Taught by Students

http://www.nytimes.com/2011/01/15/nyregion/15metjournal.html?hpw

Learning to Manage College Finances and Debt

A topic we don't discuss enough - managing debt in college and down the road. Here's a good article on why college students should take a personal finance course:
In College, Learning About Money
http://www.nytimes.com/2011/01/08/your-money/08money.html?_r=1

Every college student should consider enrolling in such a class. For example, here are Personal Finance courses offered by my department at Georgia State University:
http://www.rmi.gsu.edu/certificates/undergrad_pfp.shtml

As a side note, I am proud of my alma mata, Binghamton University - selected again by Kiplingers as "ranked among the nation’s top 10, according to Kiplinger’s Personal Finance on the magazine’s new list of 100 Best Values in Public Colleges."
http://www.binghamton.edu/inside/index.php/inside/story/binghamton-ranked-in-top-10-by-kiplingers-personal-finance

Adaptive PE teacher inspires athlete

Everywhere Debi Anderson goes, she inspires and amazes. Her most recent show of talent and confidence was on "Skating with the Stars" on ABC. While doing a promo for Special Olympics, she was offered the opportunity to skate with one of the semi-finalists, John Moseley, in a show that aired a couple weeks ago.

She also recently competed in the Special Olympics Fall Games and won a gold medal in bowling. While there, Bill Shumard, CEO president of Special Olympics in Southern California, asked her if she would serve on the board of directors as an athlete representative. ... Soon, she started working at George Key School as an aide, and she got more involved with softball. She went to her first summer games in 2004, where she did track and field. She came away with three gold medals and a bronze. Through the encouragement and direction of George Key's Adaptive PE teacher Windy McGinnis, Anderson got into rhythmic gymnastics, using balls, hoops and ropes.

Continue reading: ON CAMPUS: District grad inspiring others
CORINNE GRIFFITHS

Motivated in the Classroom, Year after Year

As I reflect on this past semester, I'm already preparing for 2011 classes. As I do so, I'm proud to say that a former student just applied to the Teach for America program. For the teachers and professors in this profession for the short term or the long haul, here's my take on staying fresh in the classroom:

There is a symmetry to every college semester, with a set number of weeks and exams at fixed intervals. Just like a Hollywood screenplay has three acts, I love the predictability that the semester structure brings. After teaching for a while, I became adept at seeing common class trends and defining plot points along an arc - when to expect enthusiastic student participation, when students might be stressed or losing confidence, when to pull back on the material or forge full speed ahead. While the structure is predictable, every semester has an energy and a life of its own.

Someone once asked me how I can teach the same subjects year after year without getting bored. My answer back: “Do you think that a recording artist gets bored singing the same song for the past thirty years?” It may be the same song, but there’s a different interpretation and a fluid audience each time. A performer can kill one night, and then fall flat the next evening if the crowd’s chemistry isn’t there. The song remains the same, but those sitting in on the sessions may not always be on the same page. Yes, the course material is similar from year to year, but meeting different students each time is the secret part of the equation which keeps things lively, unpredictable, and exciting.

A teacher’s job is to keep things fresh and provocative, regardless of mood, subject, or student engagement. The show must always go on. The good news is that there’s ample opportunity to shift gears from week to week to capture attention and to captivate. ...

Naturally, my curious students ask me why I don’t practice law anymore. The best answer I can come up with is an analogy from the movie, Good Will Hunting, when psychologist Robin Williams is discussing personal relationships with patient, Matt Damon. Damon just had a perfect first date with Minnie Driver, and he tells Williams that he’s never going to call her again. To which a surprised Williams inquires why. Damon explains that the date was so perfect, that he didn’t want to ruin that memory or image, and risk an imperfect second date. The psychologist smiles and reminds his young patient that he’s not so perfect himself, and neither is his recent date. The trick he says is to take a risk and discover whether you’re perfect for each other.

Being a teacher is not a perfect profession, and I know I’m an imperfect teacher. But we’re perfect for each other. I’ve learned, changed, grown, and gotten back more than I bargained for in many courtrooms and classrooms.

Today, I am refreshed and ready, but already messed up on the first day of the current term in front of 120 students. While I remembered to bring the syllabus, I forgot to bring their outline for the first unit. The class was already confused about the first assignment.

Maybe I have an overactive imagination or a hypersensitive ear, but I could’ve sworn I heard a student mutter under her breath: “This professor sucks!”

Excerpt from Unlocking Your Rubber Room: 44 Off-the-Wall Lessons
c 2009 Perry Binder

Classroom Humor Sparks Creative Problem-Solving

In my recent article, The Case for Humor in the College Classroom, I wrote: As college professors nationwide prepare for a new academic year, my message for them is simple: Lighten up! Your students just might engage and learn.

Now, researchers on humor and thinking (not kidding, that's a field of study) at Northwestern University found that people were more likely to solve word puzzles with sudden insight when they were amused, having just seen a short comedy routine. “What we think is happening,” said Mark Beeman, a neuroscientist who conducted the study with Karuna Subramaniam, a graduate student, “is that the humor, this positive mood, is lowering the brain’s threshold for detecting weaker or more remote connections” to solve puzzles. ...

In their humor study, Dr. Beeman and Dr. Subramaniam had college students solve word-association puzzles after watching a short video of a stand-up routine by Robin Williams. The students solved more of the puzzles over all, and significantly more by sudden insight, compared with when they’d seen a scary or boring video beforehand.

Continue reading Tracing the Spark of Creative Problem-Solving
http://www.nytimes.com/2010/12/07/science/07brain.html?src=me&ref=homepage

Free the teachers: Give classroom educators the freedom to inspire students

Below is an interesting Op-Ed in The NY Daily News - I agree with the tone of this piece, to give more freedom to teachers in the classroom. However, overthrowing an entrenched bureaucracy is a daunting task, and more immediate impactful suggestions are needed. For the short term, rather than asking what's wrong with K-12 education, I would ask each school the opposite question (as I quote from the book Switch: How to Change Things When Change Is Hard): "What's working right now" at your school?

To me, what's working right now is that there are so many talented teachers who are doing great things, while toiling in anonymity. That is the main reason I created The Inspiring Teacher Series - to highlight the inspiration so evident in these teachers. So why don't we give financial or other incentives to the superstar teachers to mentor other teachers in your own school? With meaningful feedback for other teachers.

Over the years, I’ve spent a lot of time thinking on how best to connect with people to get them excited and engaged, whether in a classroom, boardroom, or bored room. I believe that if you show learners that you have a sincere stake in their futures, you have the ability to inspire them on a daily basis, and spark a “light bulb moment.” And if teachers commit to a sincere interest in each other's future, that level of commitment will become evident to the students, and learning will be infectious.

My mantra: Learn from each other and grow as a team. Borrow the best classroom secrets from each other, just as comics observe great comics to improve their own material and delivery.

Op-Ed by Philip K. Howard

Free the teachers: Give classroom educators, suffocated by bureaucracy, freedom to inspire students
Cathie Black, the controversial choice as New York City's schools chancellor, hasn't been saying much lately about her theories of education. But in her 2007 book, "Basic Black," she had this to say about what makes a good teacher: "The best educators bring an instant smile to your face." The worst ones, she went on, "were the ones who seemed to be on automatic pilot, teaching out of a sense of duty rather than joy, and just counting the months or years until retirement. These teachers lacked authenticity in their work ...

Inspiration is what makes a good teacher. Just as Black remembers, the good teachers are the ones who have that spark, that spontaneity, that essential honesty. The good teacher inspires her students to respect her and listen to what she has to say. These traits of personality cannot be taught.

Read more: http://www.nydailynews.com/opinions/2010/11/28/2010-11-28_free_the_teachers_give_classroom_educators_suffocated_by_bureaucracy_freedom_to_.html#ixzz16xZmyxiU

WVU football uniforms honor Miners lost in April's Upper Big Branch disaster

As Massey Energy settles lawsuits with grieving families, West Virginia University's football team honors the miners who were in harm's way.

To create West Virginia's "coal dust" uniforms -- designed to honor those lives lost in the Upper Big Branch Mine disaster in April -- "Nike started with a clean white uniform and then envisioned what it might look like if it were to emerge from a coal mine." The "smudged black" appears throughout the uniforms but is particularly noticeable on the Mountaineers' helmets.

Perhaps most noteworthy is the yellow accent featured on the pants and bright cleats -- it "represents the canaries used long ago to test toxicity in mines." The helmet also included a "thin yellow line running from the front to the back that represents the beam of light emitted by a miner's headlamp."

Continue reading
http://www.sbnation.com/ncaa-football/2010/11/26/1837435/nike-pro-combat-uniforms-west-virginia-pittsburgh-backyard-brawl-ncaa-football

HS teacher honored by Cornell for inspiring former student

Teachers usually never know when their class or activity can plant the seeds of a student's future. In different ways, I express to my students: Every one of you is what inspires ME, because every one of you has a story to tell - What will your next journey be?

In this story, we discover that a Language Arts teacher's lesson shaped a student's journey - a career path from a Biology lab to a Hollywood screening room.

Ewan Good, who teaches French and German, has been recognized by Cornell University as a teacher who has made a unique contribution to the life of one of the college's top graduates, a former Mt. Blue student who Good taught seven years ago.

In class, Good said he introduced students to French poetry, literature, history and film and challenged them to analyze and discuss what they were learning. One particular movie generated an emotional reaction and made a lasting impression on Ramsey, steering him toward a career in film, according to Good. The film was Louis Malle's award-winning autobiographical classic, “Au Revoir Les Enfants.” The 1987 movie took place during World War II when the headmaster of Malle's Catholic boarding school decided to shield Jewish children in the midst of Nazi-occupied France to tragic repercussions.

Continue reading Mt. Blue teacher honored by Cornell for inspiring former student:
http://www.sunjournal.com/franklin/story/944286

The Inspiring Teacher Series: Interview with Paul Cohen

Welcome to The Inspiring Teacher Series - a tribute to inspirational K-12 teachers and college professors, and what we can learn from them and each other about the craft of teaching. Now let's meet...

Paul M. Cohen
High School Science Teacher
St. Francis Prep
Queens, NY

Bio

- Graduated from Queens College with an MS-Ed in Biology and Secondary Education

- Currently working on a chemistry degree at SUNY Old Westbury
- Teaching for 10 years. Six years at St. Francis Prep in Queens (The nation's largest catholic school and ground zero for the swine flu : 0)
- Retired from NYPD in 1997 as a Detective assigned to the Organized Crime Control Bureau due to line of duty injury

What inspired you to teach?

My inspiration to teach came from the most unlikeliest place. From Arnold Schwarzenegger. In or around 1990 I saw the movie kindergarten cop. I always liked kids and was involved in coaching little league baseball. Jokingly, I thought I would become a "kindergarten cop." I was injured in the line of duty in the mid 90's and my early retirement seemed imminent. I needed a plan. I thought back on becoming a teacher and decided to go for it. My initial choice of K-6 changed quickly as 1) I fell in love with science and 2) I actually did some student teaching in a k-6 environment. In a "life imitates art" moment, I walked into a kindergarten class as a substitute teacher and the kids burst into tears. I'm standing there with twenty 5-year olds in tears. Remembering how Arnold saved the day in the movie, I grabbed a school aid to watch the kids and ran to my car to retrieve some insect samples I prepared for an entomology unit I produced for college. The kids were instantly hooked. Moments later an entourage from the superintendents office walks in with press in tow and here I am, freaking out, but calmly talking to the kids about how many legs an insect has and how many shapes can we use to draw them. No amount of undercover police work can prepare you for that, but I too was hooked on teaching. I did, however, decide that high school was a better choice for me. Additionally, as a police officer, I often encountered kids who were lost and heading closer to jail than home. I felt as a teacher, if I could change the course for one kid then I've made a difference.

Tell us about your career prior to teaching. Any words of wisdom for people wanting to transition into a teaching career?

Prior to teaching I was a NYC police detective. I experienced all kinds of people and had all types of supervisors. Coming from a para-military background I was able to transition quickly and easily to the supervision style of academia. I was able to take orders and criticism with equal enthusiasm. I am not saying that as a teacher I agreed with, or even complied with, every order given. Nor did I accept all criticism. You don't survive on the street by not following your instincts. I learned to smile, nod and disregard that which I didn't feel comfortable with. That is the key to teaching. YOU must be comfortable with what you are doing. If not, the kids will see right through you and your effectiveness goes out the window. What works for me may not be what works for you. So, for those coming into the game late like I did: The late great martial artist Bruce Lee once said that when approaching a new master, one must show that he is willing to learn by coming with an empty cup. The idea being that a full cup can hold no more. An empty one can be filled with all that is useful. So, to all those new teachers, empty your cups and fill it with all you think useful and spill over all that doesn't help. Just one more thing - don't ever spill out in front of your supervisor. Smile, nod and quietly disregard!

What teaching methods are most helpful in guiding students towards their goals?

Educrats like to talk of innovative pedagogy, standards both national and local, multiple intelligences and a myriad of other strategies. I use what works for the class which can change from day to day and class to class and even minute to minute. The material dictates the type of lesson. I usually have a plan a, b and c for every unit. I won't stick with a workshop model if I detect it is not working for the material. I do believe firmly in discovery and problem solving learning. I often present some basic concepts and leave some obvious road signs out when I assign a new concept. When a person can put something together for themselves, they have an ownership that can't be delivered by another person. If they can claim ownership for the knowledge then they will want to know more, just to know why, not just to score well on a test.

What would you like to improve about your teaching?

I am always looking for improvements for my teaching. I view my skill set as a toolbox. If I am presented with another version or a new tool by a teacher or even a supervisor, I am always willing to try it out. New is not always the answer. We have a smartboard in every classroom in my school for enhanced presentations. It works great, but when the Internet goes out or when technology has a techno-fit, one best still have some chalk in the room.

What is the one thing you wish you'd known when you started your teaching career?

After taking about 20 credits of education courses not one of them truly prepares you for the day to day operation of a classroom. It is frightening when for the first time you enter that room and realize that you are in charge and all these faces are staring at you and expect you to do or say something. Be prepared! Classroom management issues are multiplied without good preparation. You must be everything to all students in that room. They will ask you things you can never be prepared for. You can't be prepared for all the extras that will go on. But of utmost importance is to get them seated and engaged as quickly as possible. Teenagers are self centered by nature and demand instant gratification. You must teach them to delay that hormonally driven order. The one thing I wish I had known before I began teaching is how much work it really is. No one provides you with lessons. You must do it all. You work through weekends, holidays and after school. And, the work keeps coming. Remember that you must decide how you will assess the work you give out. Learn to regulate the flow or you will drown yourself. That is the major cause of first year teacher burnout. This will, however, be the most rewarding and satisfying career you can ever imagine. For all the hard work and frustration you are paid back with the kind of unconditional love that is reserved for parents.

College Class from Midnight to 3:00 a.m.

How's your schedule looking these days? Looking for a good teacher to student ratio?

A community college in Maryland has joined a growing trend nationwide: midnight classes.
Inside a brightly lit classroom, professor Paul Vinette stands near a chalkboard making comical noises. He is trying to keep his "Introduction to Psychology" class engaged and awake. His class begins at midnight and ends at a yawn-inducing 3 am. Kory Fox-Ponting is 1 of 10 students taking the Wednesday course.

Continue reading College Holds Classes At Midnight To Meet Demand

http://www.npr.org/templates/story/story.php?storyId=130911603

"Do What You Love, But Don't Jeopardize Anyone You Love; Including Yourself."

Lesson 33 from Unlocking Your Rubber Room was just quoted on Twitter by a fellow tweeter:

@Perry_Binder "Do What You Love, But Don't Jeopardize Anyone You Love; Including Yourself." - Perry Binder J.D.

My reply back:

Good words R far gr8er than the utterer!

Lesson 33 - Do what you love but don’t jeopardize anyone you love. Including yourself.

Recognize and assess the risks in every major decision you make. And how they affect those around you.

When I left the full-time practice of law to teach, I was single and had no children. Would I have made such a career transition if I had a spouse and two kids at the time? I’d like to think so because in the end, career satisfaction is one key to personal fulfillment. Some opportunities are rare and don’t come around often. The difficult part is learning whether to jump at or pass on an adventure when your responsibilities require the support of those around you and a closer look at risk and reward.

For-Profit College, Kaplan University, is Scrutinized

An eye-opening and disturbing article on higher education in the for-profit sector:

Scrutiny Takes Toll on For-Profit College Company

[O]ver the last few months, Kaplan and other for-profit education companies have come under intense scrutiny from Congress, amid growing concerns that the industry leaves too many students mired in debt, and with credentials that provide little help in finding jobs.
Reports of students who leave such schools with heavy debt, only to work in low-paying jobs, have prompted the Department of Education to propose regulations that would cut off federal financing to programs whose graduates have high debt-to-income ratios and low repayment rates.

Continue Reading:

http://www.nytimes.com/2010/11/10/education/10kaplan.html?hpw

Follow Your Dreams or Pick a Practical Major?

I had a great time with the students at Georgia State University in this session (five of my own students showed up!!). I went over the lessons in this link:

Follow Your Dreams or Pick a Practical Major?
http://www.perrybinder.com/college.htm

Sample Dream Jobs listed by student participants:

Own a non-profit to work with young girls; Math teacher; Self-employed chiropractor; Photographer; Musician; Marketing Exec for Nike; CEO of global corporation; Music supervisor; NFL general manager; Business lawyer; District Attorney; Restaurant owner

Lessons Discussed on How to Get There:

- Know the consequences of no regrets
– Figure out of you’re a structure person or someone who can self-motivate at any given time
– Figure out how to compensate for your weaknesses
– Are you a “Touch Wet paint” person?
– In stressful moments, lean on your strengths
– Do what you love but don’t jeopardize anyone you love. Including yourself.
– Never crush anyone’s dreams
– Find your light bulb moment by helping others
- Be willing to walk in anyone’s shoes
- Education and Preparation - the keys to creating options
– By failing to prepare, you are preparing to fail. When you’re finished changing, you’re finished (Ben Franklin)
– Learn at your own pace. You’ll get there eventually

My number one takeaway of the day:

The riskier your dream, the better your backup plan must be

Lessons of Justice for College Students: Grandpa versus Big Coal

Just posted on The Huffington Post...

Grandpa versus Big Coal

This is not an environmental issue. This is about a little human being. -- Ed Wiley (Grandpa) speaking to West Virginia Governor Manchin

While the media insults and labels the youth of every generation like an X or Y or Z (oh you Slackers, Echoes, and Netters), I instead see college students bringing energy and a common message of hope to the table: to make a difference in their lives and those of others. And in an Introduction to Law class, it is my job to find them real world cases to teach lessons of justice and injustice. So let's meet Ed Wiley and the kids at Marsh Fork Elementary School.

CONTINUE READING @ The Huffington Post:

http://www.huffingtonpost.com/perry-binder/grandpas-school-kids-vers_b_774929.html

Binder on TV News - Facebook Privacy

A five minute interview with 10 seconds on camera. Oh the cutting room floor!

Enjoy!

Facebook/Social Media Privacy Settings

http://www.wsbtv.com/video/25433647/index.html

Math, Science Teachers take weightless flight

LOGAN, Utah (AP) — Five Utah educators experienced moments of lunar, Martian and zero gravity during a Weightless Flights of Discovery program geared toward inspiring teachers to inspire students. During the flight, participants experienced lunar, Martian and zero gravity. They floated, flipped and pirouetted mid-air, did push-ups on one finger and tossed each other through the air.

The program is geared toward middle school math and science teachers with an interest in the STEM subjects of science, technology, engineering and mathematics.

Continue reading: Utah math, science teachers take weightless flight

http://www.westport-news.com/news/article/Utah-math-science-teachers-take-weightless-flight-705302.php

Community College Prof: Every rock tells a story

"He makes learning fun,” said Josh Lee, a Wilmington resident who was a student in one of Phil Garwood’s classes nearly 10 years ago. Lee said he took the class because he heard from friends that Garwood’s class would be different, involving field trips and more interactive lessons.

“I just think there’s certain people out there who have a gift, and Garwood’s gift is the gift of teaching and spreading the word about geology,” Lee said.

Continue reading Teacher shares ‘gift of teaching, spreading word about geology’

http://www.starnewsonline.com/article/20101009/ARTICLES/101009626/1004