{"id":495,"date":"2013-07-23T09:11:15","date_gmt":"2013-07-23T13:11:15","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/hlscasestudies\/?p=495"},"modified":"2013-08-28T16:57:37","modified_gmt":"2013-08-28T20:57:37","slug":"summer-reading-legal-educations-9-big-ideas-part-3","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/07\/23\/summer-reading-legal-educations-9-big-ideas-part-3\/","title":{"rendered":"Summer Reading: Legal Education\u2019s 9 Big Ideas, Part 3"},"content":{"rendered":"

It All Started With the Case Study<\/em><\/strong><\/p>\n

Last week<\/a> we shared with you \u201cThe Four Cs,\u201d proposed solutions to the crisis in legal education. We have one more to consider: the Case Study Method. Let\u2019s call it the Fifth C.<\/p>\n

\"\"<\/a>

Christopher Columbus Langdell<\/p><\/div>\n

Law schools have been teaching the case method for well over a century, ever since it was proposed by HLS Dean Christopher Columbus Langdell in the late 1880s. To simplify and organize legal education, students study and analyze settled cases that exemplify principles and doctrines. But in 2007, Harvard Law School Professors Martha Minow (now HLS Dean) and Todd Rakoff were among the first to point out that the status quo just wasn\u2019t working.<\/p>\n

Their solution turned the case method on its head. In \u201cA Case For Another Case Method<\/a>,\u201d Minow and Rakoff argue that the case method provides more \u201cknown\u201d facts of the problem than situationally exist. They explain that retrospection hardly opens up the spectrum of options\u2014it is difficult to imagine what might have been. Above all, they point out that our society now has a different conception of truth, one based on construction rather than discovery.\u00a0 Experiential education, on the other hand, provides agency and teaches students \u201chow to think like a lawyer.\u201d<\/p>\n

\"\"<\/a>

HLS Dean Martha Minow<\/p><\/div>\n

Minow and Rakoff propose that in addition to clinics (which can be costly), law schools should adopt the case study method<\/a>, popularized by the Harvard Business School. These concise, inexpensive documents explain a dilemma from the perspective of a participant or organization.\u00a0 Rarely are there precise answers, but the education lies in the process: thinking through problems, practicing skills like drafting memos and interacting with clients, and understanding more about human nature in legal crises. Bonus: research suggests<\/a> that experiential education makes law students happier.<\/p>\n

\"\"<\/a>

Professor Todd Rakoff<\/p><\/div>\n

They foresee four obstacles to implementing the case study method: translating the HBS model to the needs of legal education, supplying case study materials, teaching them effectively, and introducing the scenarios at an appropriate juncture in the law school curriculum (so as not to give up the case method, which has proven so useful in establishing a baseline of knowledge for 1Ls).\u00a0 The mission of the Case Studies Program <\/a>at HLS is to overcome them all, by creating a common discourse about experiential education, delivering products, providing teaching notes, and weaving experiential education effectively into curricula. One law professor, Scott Fruehwald, suggests<\/a> that law firms should help make the push for legal education reform, with the hope that increased occupational demand will supply more experiential learning in the classroom.\u00a0 \u00a0But as Minow and Rakoff note, educators must get on board as well: \u201cFrankly, many of us will need to learn some new things. \u2026 We are supposed to keep up with what is happening in our fields.\u201d<\/p>\n

Many of the other Big Ideas in Legal Education are compatible with the case study method: capstone experiences could be designed with case study curricula, and case studies can be adapted for online learning.\u00a0 Programs like the teaching hospital, the co-op, and the corps would only improve with more experiential opportunities.\u00a0 And if consortiums start advocating the case study method, we\u2019d be in for a cultural shift.<\/p>\n

What is your opinion of using the case study method in legal education? What are the challenges and advantages from your point of view?\u00a0<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

It All Started With the Case Study Last week we shared with you \u201cThe Four Cs,\u201d proposed solutions to the crisis in legal education. We have one more to consider: the Case Study Method. Let\u2019s call it the Fifth C. … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":5482,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[88574],"tags":[],"class_list":["post-495","post","type-post","status-publish","format-standard","hentry","category-legal-news-and-debate"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p4CR8M-7Z","jetpack-related-posts":[{"id":1200,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2017\/03\/16\/using-case-study-method-law\/","url_meta":{"origin":495,"position":0},"title":"Why and How: Using the Case Study Method in the Law Classroom","author":"Lisa Brem","date":"March 16, 2017","format":false,"excerpt":"Photo by: Brooks Kraft Post by: Jackie Kim and Lisa Brem Why should legal educators use case studies and other experiential teaching methods, such as role plays and simulations, in their classes?\u00a0 Hasn\u2019t the Langdell method served legal education well these last 140 years?\u00a0 Certainly creating and using experiential materials\u2026","rel":"","context":"Similar post","block_context":{"text":"Similar post","link":""},"img":{"alt_text":"person walking by langdell","src":"https:\/\/i0.wp.com\/blogs.harvard.edu\/hlscasestudies\/files\/2017\/03\/2237550-R6-019-8-1024x659.jpg?resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/blogs.harvard.edu\/hlscasestudies\/files\/2017\/03\/2237550-R6-019-8-1024x659.jpg?resize=350%2C200 1x, https:\/\/i0.wp.com\/blogs.harvard.edu\/hlscasestudies\/files\/2017\/03\/2237550-R6-019-8-1024x659.jpg?resize=525%2C300 1.5x"},"classes":[]},{"id":1011,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2015\/08\/11\/improving-first-year-doctrinal-classes\/","url_meta":{"origin":495,"position":1},"title":"Improving First-Year Doctrinal Classes","author":"Elizabeth Moroney","date":"August 11, 2015","format":false,"excerpt":"by E. Scott Fruehwald, Contributing Editor at Legal Skills Prof Blog While legal scholars have written a great deal on improving legal education by adding experiential classes to the second and third years of law school, it is equally as important that law professors make changes in how they teach\u2026","rel":"","context":"Similar post","block_context":{"text":"Similar post","link":""},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":603,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/09\/10\/new-beginnings-for-cdi-exec-ed-leadership\/","url_meta":{"origin":495,"position":2},"title":"New Beginnings for CDI, Exec Ed Leadership","author":"Elizabeth Moroney","date":"September 10, 2013","format":false,"excerpt":"HLS Professor Ashish Nanda\u2014who founded the Case Development Initiative, a leading contributor to the Case Studies portal\u2014was recently appointed Director of his alma mater, the Indian Institute of Management\u2013Ahmedabad. Nanda held three appointments at Harvard Law School\u2014Robert Braucher Professor of Practice, Faculty Director of Executive Education, and Research Director at\u2026","rel":"","context":"In "Case Development Initiative Blog Posts"","block_context":{"text":"Case Development Initiative Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/case-development-initiative-blog-posts\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1236,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2017\/11\/13\/meet-our-new-case-writers\/","url_meta":{"origin":495,"position":3},"title":"Meet our New Case Writers!","author":"morourke","date":"November 13, 2017","format":false,"excerpt":"Brittany Deitch (left) and Rachel Gordon (right) have both recently joined the Harvard Law School | Case Studies team. Brittany, a recent JD graduate, was sworn into the bar in September 2017. Her role involves writing cases tailored to the JD curriculum. Brittany was inspired to get involved with pedagogy\u2026","rel":"","context":"In "Experiential Learning and the Case Study Method"","block_context":{"text":"Experiential Learning and the Case Study Method","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/experiential-learning-and-the-case-study-method\/"},"img":{"alt_text":"Image of our new case writers, Brittany Deitch, left, and Rachel Gordon, right, in front of large office window","src":"https:\/\/i0.wp.com\/blogs.harvard.edu\/hlscasestudies\/files\/2017\/11\/Case-Writers-3-500x338.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":479,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/07\/09\/summer-reading-legal-educations-9-big-ideas-part-1\/","url_meta":{"origin":495,"position":4},"title":"Summer Reading: Legal Education\u2019s 9 Big Ideas, Part 1","author":"Elizabeth Moroney","date":"July 9, 2013","format":false,"excerpt":"Taking Cues from Science and Technology Last week\u2019s blog post\u00a0made it seem as if the end of traditional legal education is near.\u00a0 But, as the saying goes, every ending is a new beginning. Scholars and practitioners are proposing solutions to the crisis in legal education that draw on the successes\u2026","rel":"","context":"In "Legal News and Debate"","block_context":{"text":"Legal News and Debate","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/legal-news-and-debate\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2013\/06\/800px-EPA_GULF_BREEZE_LABORATORY_CHEMISTRY_LAB._THE_CHEMIST_IS_TESTING_WATER_SAMPLES_FOR_PESTICIDES_-_NARA_-_546277-500x338.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":974,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2015\/05\/26\/top-challenges-for-case-study-programs\/","url_meta":{"origin":495,"position":5},"title":"Top Challenges for Case Study Programs","author":"Elizabeth Moroney","date":"May 26, 2015","format":false,"excerpt":"What gets in the way of case study adoption? The Case Studies Affinity Group, a consortium of Harvard-affiliated case programs, took up this question during its quarterly meeting on May 12. The Affinity Group welcomed as panelists Carolyn Wood, Assistant Academic Dean\u00a0& Director of SLATE and the Case Program, Harvard\u2026","rel":"","context":"Similar post","block_context":{"text":"Similar post","link":""},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"jetpack_likes_enabled":true,"_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts\/495","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/users\/5482"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/comments?post=495"}],"version-history":[{"count":7,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts\/495\/revisions"}],"predecessor-version":[{"id":497,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts\/495\/revisions\/497"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/media?parent=495"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/categories?post=495"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/tags?post=495"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}