Tuesday, July 31, 2018
I have also posted a guide to case analysis on SSRN:
The unique part of my approach is that I ask students to identify the type(s) of legal reasoning the judge is using--rule-based reasoning, reasoning by analogy, distinguishing cases and arguments, synthesis (inductive reasoning), or policy-based reasoning. I believe that having students identify the type of reasoning the judge is using makes them read the case more carefully and it helps them develop their legal reasoning skills. Also, they can't use canned briefs to cheat. I understand this is very common today, especially with Quimbee.