Obiter Dicta Issue 3 - September 28, 2015 | Page 10

OPINION 10  Obiter Dicta Of Mice and Pen michael motala › contributor F or at least as long as The Paper Chase has been an element of our popular imagination, it seems there have been two dominant features of the first year law school curriculum: the case book and the Socratic method. Does this signature pedagogical approach really teach first years to “think like a lawyer?” Or is it an ineffective and antiquated form of teaching? Might it even be, as critics suggest, an “infantilizing […] tactic for promoting hostility and competition among students” that is “self-serving, and destructive of positive ideological values?” Little did I realize the first semester of contracts, criminal law, and torts was at once the debut of the methodology as well as its pedagogical zenith. As soon as I had adjusted to the pace of question-and-answer based on hypothetical or case, by second semester, it seemed to diminish in discursive quality. Partly to blame are the students—exhausted by overwhelming readings and assignments, falling behind in the library, and distracted by Facebook and the daily news while in class. There are also the “gunners” who dominate the question-and-answer, evidently prepared, drowning out the rest, and certain to elicit schadenfreude among their peers when they inevitably blunder. Everyone knows the quiet ones do the best on exams anyway. Equally, the professors are to blame. Some have t he ch a r i sm a needed to capture and sustain a 6