Open Letter from Melanie Morris, Esq., and David Katz, Esq., Instructors for Torts class in the Paralegal Studies Program, February 22nd, 2005.

Thank you for the opportunity to participate in the Homeland Security project at Raritan Valley Community College. This project offered us the opportunity to explore legal issues that may arise in an emergent situation, which may be even more likely in the post-9/11 world. Students in these classes, benefited from participating in that exploration, preparing them for the “real world” of law while giving back to their community.

At the outset of the project, students were given a hypothetical fact pattern that staged what appeared to be a terrorist attack on campus. To defuse the seriousness of such an event, the hypothetical itself used actors known to the students as their Professors, and otherwise fictitious groups. Students received the hypothetical positively, understanding that there will be legal implications to any Homeland Security issue.

Each class was divided into five student groups, resulting in ten groups giving consideration to the project. Each group researched the project independently of the others, and brought unique perspectives to the project. No two groups produced the same analysis. Although all groups identified pertinent case and statutory law, some groups sought other information to enhance their understanding of the issues involved in the project. Other sources of information included guidelines from fire safety groups, information from state administrative agencies, and even interviews with practicing attorneys. The end result confirmed the utility of this method as no two groups produced an identical project analysis.

Participation in this project accrued some great benefits to the students. For instance, both classes learned that a set of facts seemingly complex on their face do not necessarily yield similarly complex legal analyses. For instance, the project enhanced student understanding of “duty” and “immunity” – important concepts to the study of Torts. In addition, students necessarily stretched themselves to think critically when faced with a fact scenario that is new to them – a practical skill they will bring to the workplace.

Furthermore, this project will also offer a great service to the public entities that are first responders in situations of disaster. Public entities can review the work of the students, as compiled by their Professors, for guidance into the legal issues that might emerge in “failure to respond” cases.

For some students, Torts is among the first classes they will take in the paralegal program. Based on this, a few students expressed a concern that they were not yet prepared to take on a project of this magnitude. The work produced by the students, however, demonstrated that they were well equipped to analyze the fact pattern critically and soundly. Although specific follow-up to the project is not necessary, the baseline research performed in the context of the class could provide a foundation for a unique independent study experience for students seeking additional insight into other liability issues surrounding terror.

Overall, the project was a great success, pushed the students to apply themselves deeply and critically, and produced useful information for the community.

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