Mistaken about Mistakes: Error Analysis as an Untapped Tool for Law School Success

Abstract

Mistakes: everyone makes them, perhaps the new law student more than most. But why do our students continue to make the same errors despite our concerted efforts to prevent them? This article explores this question and provides ideas on how to utilize mistakes to fuel the learning process. Science has proven that the human brain is hardwired to benefit from errors. However, the psychological effects of failing, cultural systems, and the American educational system are frequent barriers to this biological process.

To overcome these obstacles and most effectively employ error analysis, I propose a three-step model. First, professors must lay a foundation of psychological safety for students who make mistakes by fostering healthy attitudes and mindsets towards failure. Second, legal educators need to deliberately elicit several specific types of errors instead of waiting for them to occur naturally. Third, instructors must provide carefully crafted feedback in an interactive setting. This article further provides examples and recommendations of what these three steps should look like in the law school classroom.

Keywords: Law School, Academic Success, Growth Mindset, Law School Pedagogy, Education Science