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9 Clinical L. Rev. 293 (2002-2003)
Teaching Case Theory

handle is hein.journals/clinic9 and id is 299 raw text is: TEACHING CASE THEORY BINNY MILLER* As the key means of framing a case, case theory is the central problem that lawyers confront in constructing a case, and many of the decisions made during the life of a case are decisions that rest on case theory. Building on the author's earlier scholarship on case the- ory, this essay articulates a concept of case theory called storyline, and sets out a framework for teaching this concept. The framework for this process has three basic stages - imagining case theory, evalu- ating (and constructing) case theory, and choosing case theory. The material for this process is stories, which are the starting point from which storylines can be distilled. The essay discusses some of the challenges in teaching case theory in the metaphor of stories, which include overcoming the doctrinal messages of legal education, con- veying the complexity of the idea of story, and devising a curriculum beyond that available in lawyering texts. The article then demon- strates how to build a case theory curriculum from the ground up, using examples from film, fictional accounts of lawyering, newspaper articles about actual cases, stories written by clinical professors and others about their cases, and simulation. These materials allow stu- dents to learn case theory in increasingly complex settings, and to be- gin to confront the complex strategic and ethical questions of choice of case theory, whether in a clinical course, a simulation course or a traditional classroom. The article concludes that as students move * Professor of Law, American University, Washington College of Law. Much of this essay is the result of the hard work of the participants in the editorial process, which in- cluded many exchanges of drafts and frequent telephone calls. It was worth every minute spent - and fun at the same time. The essay also benefitted from the contributions of participants at the UCLA/IALS Fifth International Clinical Conference in Lake Arrow- head, California, and the Annual Meeting of the Law & Society Association in Budapest, Hungary, where I presented earlier versions of this essay. My research assistant, Katie M. Connors, and my administrative assistant, Cecelia Friedman, are talented editors who helped smooth out the rough edges in the text. I couldn't have finished the footnotes without Katie, who has a knack for research along with her bluebooking skills. I thank my partner, Maya Coleman, who in talking with me about case theory over the years has helped me think about how I teach it. I feel very lucky to have her love and encourage- ment. The administration of American University's Washington College of Law has pro- vided generous support, financial and otherwise, for this essay and my other writing projects. And, of course, no thanks would be complete without acknowledging my clinical colleagues and students who challenge me to think in new ways every day. Although I come from a family of teachers, I didn't think about a career in teaching until my experi- ence as a clinic student in the Mandel Legal Aid Clinic at the University of Chicago Law School transformed my idea of lawyering. From that point forward, I wanted to teach in a clinical program. I am happy to have found a home in this profession, at this law school, and to have finally written an article about teaching.

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