Codes and Standards:

Developing Materials for 

Law & Public Policy Teaching

Cary Coglianese · Cynthia Dahl

University of Pennsylvania Law School

Presentation at NIST Workshop

Gaithersburg, MD · November 4, 2016
Project Overview

Background reality

• Lack of supply and demand for courses on codes

and standards in law and policy schools

Our Purpose

• Make it easy for instructors to incorporate material

about codes and standards into existing courses
Project Design

1. Case Studies

• Two in-depth, multimedia case studies

• State green building codes and federal preemption

• Standard essential patents

2. Course Modules

• Lesson plans and materials for class sessions in property, 

administrative law, real estate law, environmental law, 

intellectual property law

• Teaching notes, PowerPoint slides and study questions

• Intended for use by instructors with little or no background in codes and 

standards

• Three main topics

• Two built around case studies (above)

• One about incorporation by reference
Project Communication

• Electronic and print distribution to academics,

practitioners, professional organizations and

advocacy groups

• RegBlog.org

• New codes & standards clearinghouse website
Project Website:

Curricular Clearinghouse

• Accessible to non-specialists

• Provides “101” on codes and standards

• Access to case studies, course modules, and

multi-media materials

• Living library of resources beyond the PPR

project

–Opportunity to submit additional resources
First Case Study: 

Federal Preemption

This Constitution, and the laws of the United 

States which shall be made in pursuance 

thereof...shall be the supreme law of the land; 

and the judges in every state shall be bound 

thereby, anything in the constitution or laws of 

any state to the contrary notwithstanding.

- Constitution, Article VI
“Albuquerque Green”

• Congress enacts federal standards for HVAC

equipment, specifically preempting state/local laws

• Albuquerque adopts a green building code based on

ICC’s International Energy Conservation Code, which

requires, in some cases, HVAC equipment exceeding

the federal standards

• HVAC trade group sues Albuquerque based on

preemption by Federal HVAC standards

• District of New Mexico decides Albuquerque code is

preempted
How will first case study be used?

• Federal preemption

– For courses on: Administrative law; constitutional 

law; local government law; 

• Climate Change

–For courses on: Environmental law & policy; 

climate change

• Building Codes

–For courses on: Real estate law; property law
Second Case Study: 

Standard Essential Patents 

• Tension between enforceable 

patent rights and standards setting 

organizations

• Told through the tale of Microsoft 

v. Motorola – relatable technology

• Problem is setting “FRAND” terms 

and deciding if injunction applies 
Why this Story? 

• Apple v. Samsung put SEPs in the popular

press

• Not just a niche practice – IP lawyers

(especially with tech clients) must be

savvy to SSOs

• Competitive effects

• Potential liabilities

• Damages in a patent suit

• Yet very few courses teach this critical

topic
How does the Module Operate?

• Students assigned a side: Motorola or 

Microsoft 

• “HBS – like” case study tees up the problem. 

• Students prepare arguments for their client 

on three issues: 

• Was contract breached? 

• Were the terms offered FRAND? 

• Was an injunction appropriate? 

• Meet in small groups to discuss, then report to 

class and finish with all group discussion
Resources for the Professor

• PPT slides for background

• Interviews with key players

• Teaching Guide

• “Answer Guide” for student arguments

• Background on what happened in case

• Questions to further challenge the class

• Suggestions for how to use for different

length classes

• Broader policy questions
Goals of Module 

• Substance - it is very difficult to determine a

FRAND rate. Hard to counsel a client on

navigating.

• Format:

• Introduce the topic in an interactive way that

is interesting, matters and will stick

• Make it easy for instructors to download, use,

and customize to encourage participation

• Pedagogy: Provide a platform to inspire

students to confront larger policy issues
Challenges of Creating the Module

Balance: 

• Enough info to engage without

overwhelming, especially figures

• Focus on policy, even as there are

details

• Hard not to take a side, especially

when outcome known
Testing out the Module 

• Will debut in an IP Clinic setting

Nov 28

• Also will run in a lecture setting in

Spring 2017

• Look forward to reporting the

results
Conclusion