Thursday, August 19, 2021

Using YOUR Senses to Make Sense of Cases

In follow-up to Professor Victoria McCoy Dunkley's outstanding blog post entitled "Be in Your Bag (of Questions) as a 1L Reader," here's some thoughts about how you might use your senses to help make sense of the cases that you are assigned for class reading: https://lawprofessors.typepad.com/academic_support/2021/08/be-in-your-bag-of-questions-as-a-1l-reader.html

But first a story...

I've been doing a lot of walking.  In fact, I've walked about 380 miles from Denver to Durango on the Colorado Trail (I still have about 120 miles to go of high altitude terrain).  As a person who fractured my back two summers ago in a car accident, I'm a slow mover and that's okay.

You see, as Professor Denise DeForest at Colorado Law quips, when you find yourself lost, "slow down, stop, and sit on a log."  I love logs, rocks, and boulders.  My favorite time on the trail is resting.  But, as I sit on a log recuperating, my senses come alive.  I start to hear buzzing.  I spot all kinds and manners of activity that I missed while hiking, like the scurry of ants preparing for the fall mountaintop snow storms.  My hands feel the bark of the downed log that has become my lounging spot.  In short, just because I stopped doesn't mean that I stopped learning and experiencing. Rather, by slowing down and stopping, I saw more than I did while moving.

There's a lot to be gleaned from these sorts of experiences.  Most of our lives, let's be honest, are lived in haste.  As though there's no time to waste.  But critical reading takes pondering time; it takes using your senses to experience what the parties might have felt like when they litigated the case that you are reading, what they might have exclaimed or cursed when the decision came out, how the court might have explored and explained how they viewed the case and the facts.  

So, in follow-up to yesterday's excellent blog post on 1L reading, feel free to journey through and with the cases.  Situation yourself in them.  Be expressive, feel free to be combatant and skeptical, let yourself run wild, so to speak, as you give voice to what you are seeing, as you learn and question and interpret what you are reading.  That's learning.  In other words, it's going to take time.  But it is not wasted time at all.  

That being said, I spent all of first-year of law school super-afraid (really most of law school) because I'm not good speaker or a reader (I was a mathematician in college).  And, the gold lettering on most of the case books - with lots of red and black - psyched me out.  

But not all that is gold glitters.  Much of what you read is, well, not very well-written or good or even just.  So take aim at it.  Don't let the cases fool you.  You belong in law school, which means that your voice and life counts.  Share it with others.  And, as you journey through reading, let me know what you are learning. I'd love to hear from you!  (Scott Johns).

https://lawprofessors.typepad.com/academic_support/2021/08/using-your-senses-to-make-sense.html

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