Getting It Right From the Start

Abstract

For over 150 years, law professors have used the case method, which presumes that students arrive at law school with the capacity to closely read and analyze cases. This is a false assumption. Reading cases is challenging because cases represent a discipline specific genre that has a complex subject-matter, a novel structure, and challenging vocabulary. However, students do not need to unduly struggle if they are taught how to read cases “right from the start” of their legal education.

This article first reviews the development of the case method and the challenges it poses for incoming students. It goes on to describe a pedagogical approach, aligned with sociocultural theory, that has met with success in a variety of disciplines including legal education. The essence of the approach is that students can more effectively develop proficiencies in critical reading and legal analysis when they move through developmental phases where they are oriented to goals and concepts, engage in mediated activities with more knowledgeable people, verbalize concepts, and ultimately internalize concepts and processes. The article explains how this method produced significant positive learning outcomes for students in a summer pre-law program. The article concludes by discussing how the approach can be used in the law school setting and provides suggestions for curriculum, syllabi, and program organization. This new model for legal education enables students to develop a solid foundation, so they can learn more effectively through the case method.

Keywords: Socratic method, critical reading

JEL Classification: K1