Friday, December 11, 2020
I have long stressed the importance of teaching the cognitive basics in law school. Here is an excellent article on the subject:
Julie Interdonato (Cardozo), The Consummate Legal Education: Teaching Analysis as Doctrine
This paper addresses the necessity and means of developing analysis and its written expression as an independent topic of study throughout students’ law school tenure. “Doctrine,” as it appears in the above title, is defined as the transcendent analytic concepts that underlie the common law, and the modality of their application in the law’s constant evolution. The purpose of presenting analysis in this context is to enhance analytic instruction presently provided in law school, and thereby take students one step further in their education, into the realm of the practicing attorney. In this manner, educators, building on the case law method, maximize students’ sophisticated, lawyerly thinking to the degree the practicing bar demands of recent graduates seated at their desks as new professionals.
Only in the scholastic environment is there the capacity to devote both time and purpose exclusively to detailed, continual, analytic training. In this context, professors assume the role of both teacher and senior partner, at once playing devil’s advocate and sharing their own thought processes as experienced professionals. Instruction necessarily runs concurrently with that of the traditional law school courses, thereby enhancing student aptitude in every area of legal study, and engendering a paradigm of legal education that raises the bar of analytic acumen for future generations.