The Future of the Casebook: An Argument for an Open-Source Approach

Journal of Legal Education, Vol. 57, No. 1, pp. 10-35

Hofstra Univ. Legal Studies Research Paper No. 05-02

26 Pages Posted: 25 Mar 2005 Last revised: 7 Dec 2012

See all articles by Matthew T. Bodie

Matthew T. Bodie

University of Minnesota Law School

Abstract

Despite dramatic technological change, the thick, attractively bound casebook remains ensconced as the written centerpiece of legal education. That will soon change - but its replacement has not been established. This paper argues that the legal academy should take this opportunity to implement an open source approach to future course materials. Guided by analysis and examples of commons-based peer production such as open source software, professors could establish electronic commons casebooks with a myriad of materials for every course. These joint databases would unshackle individual creativity while engendering collaboration on levels previously impossible. Although there may be concerns that such a project would not draw any interest, or might be swamped by too much interest, the successes of other peer-production projects demonstrate that such concerns are generally unwarranted or manageable. Copyright ultimately poses the biggest difficulty, but even that barrier can be circumvented to greater and lesser degrees. Although as yet an untried experiment, an open source approach has the potential to open a new era in legal pedagogy.

Keywords: legal education, open source, commons-based peer production

JEL Classification: K00

Suggested Citation

Bodie, Matthew T., The Future of the Casebook: An Argument for an Open-Source Approach. Journal of Legal Education, Vol. 57, No. 1, pp. 10-35, Hofstra Univ. Legal Studies Research Paper No. 05-02, Available at SSRN: https://ssrn.com/abstract=691985 or http://dx.doi.org/10.2139/ssrn.691985

Matthew T. Bodie (Contact Author)

University of Minnesota Law School ( email )

United States

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