Outrage and Engage: A Story of Eminent Domain

• Author: Patricia Pattison
• DOI: http://doi.org/10.1111/jlse.12009
• Date: 01 March 2014
• Published date: 01 March 2014

Journal of Legal Studies Education

Volume 31, Issue 1, 55–87, Winter 2014

Outrage and Engage: A Story of

Eminent Domain

Patricia Pattison∗

A mind is like a parachute. It doesn’t work if it is not open.

—Frank Zappa1

I. Introduction

“Our world is filled with noise, information, and distractions; so having some-

one’s undivided attention—even for 30 seconds—is an opportunity that

shouldn’t be wasted. If you can use those 30 seconds to capture their at-

tention, deliver your message, and distinguish yourself from others, you’re

likely to be heard, understood, and remembered.”2This article suggests that

professors start their first day of class by telling a story about eminent domain

based on the case Kelo v. New London.3The owners’ struggle to defend their

homes against condemnation by eminent domain provides a story that is

designed to outrage students and engage them in learning more about the

legal process.

The Story of Eminent Domain has been designed and taught by focusing

on a number of concepts: the importance of first impression, the power of

storytelling, and the significance of case selection and transformation into

stories.

∗Steven R. Gregg, Excellence Professor of Business Law, Texas State University, San Marcos,

Texas.

1Steven R. Goodreads, Frank Zappa Quotes, http://www.goodreads.com/quotes/show/33052.

(last visited May 17, 2013).

2Ron Ashkenas & Holly Newman, Make a Good Impression in 30 Seconds, HBR Blog Network

http://blogs.hbr.org/ashkenas/2012/02/make-a-good-impression-in-30-s.html (last visited July

14, 2013).

3Kelo v. New London, 545 U.S. 469, 503 (2005).

C2014 The Author

Journal of Legal Studies Education C2014 Academy of Legal Studies in Business

55

56 Vol. 31 / The Journal of Legal Studies Education

II. The Importance of First Impressions

It’s the first impression and will either open the door or close it.

It’s that important, so don’t mess it up.

—Nicholas Sparks4

It is widely accepted as a universal truth and is supported by research: first

impressions are extremely important. In social psychology the importance

of first impressions is well documented.5It is almost overwhelming to con-

sider how quickly humans make decisions about others and how speedily an

appraisal is made. Even more significant is the fact that these first impres-

sions rarely change.6Research shows that the opinions formed in the first

few minutes after meeting someone play a major role in determining the

course of the relationship.7Since students form lasting impressions about

their professors and classes based on very brief observation and interaction,

the first day of class is critical.

A. Research Conclusions

The research findings are consistent. The only variable in the conclusions of

the various studies is the amount of time it takes to make a lasting impression.

In one study participants were shown twenty to thirty two-second videotaped

segments of job applicants being interviewed. Following this short exposure,

the participants rated the applicants on attributes such as self-assurance and

likability. Surprisingly, their assessments were very close to those of trained

interviewers who spent at least twenty minutes with each applicant.8Not only

were the assessments made very quickly, they were also consistent with those

made after longer engagement.

4Brainyquotes, Nicholas Sparks, http://www.brainyquotes.com/quotes/quotes/n/

nicholassp196028.html (last visited May 17, 2013).

5See Renato Tagiuri,Person Perception,in Handbook of Social Psychology 395–449 (Gardner

Lindzey & Elliot Aronson eds., 2nd ed. 1969).

6Rick Nauert, Why First Impressions Are Difficult to Change: Study, http://www.livescience.com/

10429-impressions-difficult-change-study.html (last visited August 24, 2013).

7Jamil P. Bhanji & Jennifer S. Beer, Dissociable Neural Modulation Underlying Last-

ing First Impressions, Changing Your Mind for the Better, and Changing It for the Worse,

http://www.jneurosci.org/content/33/22/9337.short (last visited August 24, 2013).

8Carlin Flora, The Once-Over: First Impressions What You Can and Can’t Glean from a 3-Second En-

counter. Plus: Meet the People Who Size You Up Every Day, and Seven Ways to Make Those Crucial First

Minutes Count, 37 Psych. Today 60 (2004).

2014 / Outrage and Engage: A Story of Eminent Domain 57

On several occasions professors have researched the first impressions

college students have of each other and of their professors. Two communi-

cations professors studied 164 college freshmen over a nine-week period.9

The students introduced themselves to randomly selected partners in their

classes and were asked to visit with each other for a short period, either three,

six, or ten minutes, depending on their particular class. After the initial short

conversation they were asked to “predict whether their future relationship

would be one of nodding acquaintance, casual acquaintance, acquaintance,

close acquaintance, friend or close friend.”10 They also completed a variety

of questionnaires about the person they had just met. Although the students

had opportunities for numerous subsequent interactions with their partners

over a nine-week period, there was a continuing strong impact from the first

impression. At the end of the nine weeks, partners who had initially rated

each other positively had the strongest friendships, thus establishing the pre-

dictability of that first encounter. It did not matter if that first encounter was

three, six, or ten minutes. “That tells you things are happening very quickly.

People are making snap judgments about what kind of relationship they want

with the person they just met.”11

Regarding first impressions of professors, a study conducted at the

University of Nebraska at Omaha concluded, “Students’ early evaluations are

quite stable and instructors should be aware that the first days of class may

be very important in determining the eventual image students evaluate at

the end of the course.”12 Students completed teaching evaluations after the

second class and again at the end of the semester. When the evaluations were

compared, the results of the study supported the primary hypotheses that

students’ early impressions were maintained over the course of the semester,

especially in relationship to instructor personality characteristics such as re-

spect and friendliness.13

9Michael Sunnafrank & Artemio Ramirez Jr., At First Sight Persistent Relational Effects of Get-

Acquainted Conversations,21J. Soc. Pers. Relationships 361 (2004).

10Id. at 364.

11Lee Dye, Study: First Impressions Really Matter, ABC NEWS/Technology, http://abcnews.

go.com/Technology/story?id =69942&page =1 (last visited May 17, 2013).

12Richard G. Kohlan, A Comparison of Faculty Evaluations Early and Late in the Course, 44 J. High.

Educ. 587, 594 (1973).

13Id. at 590.