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Legal Commentary

: Prawfs

The Socratic Method, Love The One You're With?, Take 2: Is the Problem Method The RC Cola of Teaching Methodologies?

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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Do you remember those old RC Cola commercials from the 1980s? They would always tout that people consistently picked the cola over stalwarts Coke and Pepsi in blind taste tests. And yet, despite being armed with this data, my friends and I never bought it, and we were not alone. By the mid-1990s, Royal Crown products reached only 2.5% of the soft drink market, compared to 43% for Coke and 31% for Pepsi; RC Cola was eventually bought in October 2000 by Cadberry Schweppes. This sounds like it could form the basis for a good business school case study. Could the same be said about the Problem Method in law school?


When I guest blogged here last April, I posted about what I call my "law school case method." As you can see from that post, the method works as follows: We cover a topic such as the search incident to a lawful arrest in a given class using the Socratic Method. Before the next class, I send students several excerpts from recent opinions dealing with that topic. At the start of that next class, I have students read the excerpts out loud and ask them what the prosecutor and defense counsel would argue in each case and how the court would likely rule. I started by giving 4 such excerpts, but now I give up to 8. The discussions of these excerpts can take up as much as half of a given class session. 


This method fits under Cynthia G. Hawkins-León's definition of the "problem method" in The Socratic Method-Problem Method Dichotomy:  The Debate Over Teaching Method Continues, 1998 B.Y.U. L.J. 1, 9 (1998). According to Hawkins-León, 

There are three key features to the effective use of the Problem Method: First, the problem itself must be complex....Second, the problem is distributed to the students in advance of class....Third, the problem is the focus of in-class discussion.   

As I noted in a previous post, "ninety-seven percent of those teaching first year classes report using the Socratic method, with the use of alternative teaching techniques decreasing as teacher became more experienced or tenured!" And yet, 

[w]hen the Socratic Method was compared to the Problem Method by respondents to the 1996 AALS survey, the Problem Method was perceived by professors who used the Problem Method predominantly as being "much better" by a margin of 4 to 1 in its development of student abilities. Hawkins-León, supra.

So, are you a professor who incorporates aspects of the problem method into your classes? Is it something you are considering? Is it something that you tried but didn't like? You can answer these questions by responding to the following poll and/or leaving a comment.
 
Do you incorporate aspects of the Problem Method into your classes?









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-Colin Miller

Full post as published by Prawfs on March 15, 2010 (boomark / email).

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