Skip to main content

Research as Analysis in the Modern Legal Academy

For decades, those discussing best practices in legal education have highlighted the importance of skills education (see the Crampton Report, the MacCrate Report, the Carnegie Report, and Best Practices for Legal Education, for just a few examples). But, as legal writing, advocacy, and clinical courses have all emerged to take their rightful place as key components in law students' education, legal research has remained a shadow skill. Despite numerous reports from those hiring our students being dissatisfied with their research skills, legal research education remains relegated to the background even in first year skills classes with "legal research" in their very title.

At least in part, this is due to legal research having been divorced from the analysis that is central to the Langdellian model of legal education. In reality, analysis is central to successful research, and it is only by reclaiming research as an analytical skill in the modern legal academy that research can ever claim its place as a critical skill in preparing law students for practice. Only by tying research to analysis explicitly can we prove to administrators, our faculty colleagues, and our students how important research really is. Without that critical nexus, research will continued to be viewed as a gathering task separate from critical thinking.

In a recent blog post on DipLawMatic Dialogues, I wrote briefly about the importance of talking to our students about the analysis inherent to legal research and about the importance of allowing students opportunities to practice those analytical research skills. But what specifically are these skills? In the past months as I've been thinking about research as analysis, I've been trying to identify categories of analytical tasks that need to be emphasized to and practiced by our students. So far, I have identified at least four categories (and I'm quite sure there are more), all of which I hope to address at length on this blog in due time:
  1. Strategizing: This involves students creating a plan of attack that is appropriate to the research question or questions being asked.
  2. Assessing: This involves students critiquing sources for their credibility, a skill that's especially important to teach our Google generation.
  3. Analogizing: This involves students being able to tie the research found to their own facts.
  4. Synthesizing: This involves being able to apply multiple rules/authorities together in order to apply them to their facts.
It may be argued that students learn about some of these skills in other courses, even in their doctrinal classes. But when students are analogizing or synthesizing in their doctrinal or other skills courses, they are doing it with a body of sources they already have on hand. They are not attempting to engage in that critical thinking whilst in the middle of locating sources--a skill many students already struggle to do without engaging in in-depth analysis. Having opportunities to practice tying together the bibliographic skills of legal research with the critical thinking necessary to be a sound researcher are imperative for students to succeed in practice. That should be our mission: giving that practice and telling everyone in our professional setting that students are learning analysis in our classrooms.
Labels:

Popular posts from this blog

Why Experts Can Struggle to Teach Novices

This week in our Slack group on teaching , there was an interesting discussion about expertise and the amount of time needed to prep for instruction. I mentioned something that I recalled reading: that experts can be less effective in teaching novices because often the expert skips cognitive steps that the novice learner needs to understand.  I thought I'd dig into this a little more today on the blog. The fact is novices and experts learn very differently.  The major reason for this is that experts not only know a lot about their chosen discipline, but they understand how that discipline is organized. As such, what has a clear structure to the expert is a jumbled set of unorganized information to the novice.  The information presented to novices "are more or less random data points."[1]  In contrast, when the expert learns something new in her area of expertise, she just plugs it into the knowledge structure that already exists in her long-term memory. Because the new
Read more

Helping With Student Focus & Motivation in the Remote Classroom, Part 3: Limiting New Technologies to Reduce Extrinsic Cognitive Load

A librarian colleague used to say to me, "Technology is great until it's not." This couldn't be more true in the classroom.  As many of us prepare for a fall entirely or partially online, there's a rush to familiarize ourselves with lots of new educational technology to teach our classes. There's this sense that if you're not using the best and newest ed tech in your class, you're doing something wrong. Fortunately, the science doesn't back this up.  Using too many different types of technology can be a contributing factor to cognitive overload in students . Cognitive load is a term cognitive psychologists use to describe the mental challenge that the limitations of working memory puts on a student's learning.[1] Basically, working memory is extremely limited in both time and duration. Humans can only hold on to between four and nine "chunks" of information at any given time,[2] and can only hold on to new information in their worki
Read more

Reflection in the Legal Research Classroom

Reflection is a critical component of experiential learning.  We see in ABA Standard 303 that experiential courses must include multiple opportunities for self-evaluation.  Self-evaluation is critically important to legal research.  Students must reflect on and assess their research methodology each time they research to continue becoming more efficient legal researchers and to determine what research strategies work best in which situations. [1] Reflection relates to several ideas found in cognitive theory that have been shown to result in stronger learning and retention: Retrieval : recalling recently-learned information;  Elaboration : finding a nexis between what you know and what you are learning; and  Generation : putting concepts into your own words and/or contemplating what you might do differently next time. I've been contemplating how to better incorporate reflection into legal research classes. At the beginning of this semester, at the recommendation of a works
Read more

Cognitive Disruptors in Legal Education

The pandemic has had a significant impact on all of our lives (biggest understatement ever).  However, with the return to in-person learning at many institutions, there has been this feeling that we should have returned to our "normal" teaching strategies in an effort to get back to the way things were. But of course, we know that things are not the same.  People traumatized by the pandemic--loved ones being gravely ill and dying, extreme isolation, financial stressors due to industries being impacted, and more--are experiencing lingering effects of the past two years.  Burnout has become the buzz word, as entire circles of friends and colleagues report feeling emotionally, physically, and mentally exhausted. This means that our classrooms should not go back to normal.  We must consider what might be impacting our students' ability to attend to and retain new information presented in our classrooms.  I've written before about cognitive (over)load and the limits of wo
Read more

Helping with Student Focus & Motivation in the Remote Classroom, Part 4: Building An Online Teaching Presence

I've written before about how important it is to show students you care about their learning and about them as humans , in part summarizing Kent Syverud's excellent piece , "Taking Students Seriously: A Guide for New Law Teachers. It is harder to show students that you care about them in a remote environment than when you see them in a physical classroom every day, where you can smile at them, easily ask them how they're doing as they enter the room or when you run into them in the classroom, or notice through their body language if they are having a hard time and reach out. But we know that showing we care matters; our students try harder and engage more when they feel like their learning matters to their instructor.  It takes more intention to show you care about students in the online classroom, but it's imperative that we find ways to show we do. So what are some ways that we can show students we care in the remote learning environment? The first is to
Read more