2016] THE COURSE SOURCE 593
Teaching materials and pedagogy are intimately connected,
shifts in pedagogy can be achieved through the evolution of teaching
For instance, when faculty began to adopt the case method of
teaching in the nineteenth century instead of lecturing from treatises and
commentaries, the transition was facilitated by the development of the
prototypical Langdellian casebook.
When the wave of legal realism hit
law schools in the middle of the twentieth century, new casebooks began to
incorporate material other than cases, such as statutes and explanatory text,
to aid faculty who were inclined to shift their teaching focus.
when faculty began to incorporate a problem-based approach in their
teaching, casebooks incorporated more problems.
Casebooks must evolve
to provide faculty with the tools to redesign their courses before there can
be widespread adoption of new teaching methods that a have a rich focus on
skills, professionalism, experiential learning, and assessment.
the modern casebook, authors should follow the credo of influential
In discussing why he authors casebooks, Professor Myron Moskovitz writes, “My main
goal in writing a casebook is not scholarship, but better pedagogy. Having taught for many
years, I’ve learned a thing or two about law students—what motivates them and how they
learn. . . . My main job as a casebook author is to make learning law as easy and fun for the
students as the subject matter permits.” Myron Moskovitz, On Writing a Casebook, 23
SEATTLE U. L. REV. 1019, 1022–23 (2000).
See, e.g., Anders Walker, The Anti-Case Method: Herber t Wechsler and the Political
History of the Criminal Law Course, 7 O HIO ST. J. CRIM. L. 217, 218 (2009) (describing the
manner in which Herbert Wechsler’s 1941 criminal law textboo k synthesized social science
materials with cases to transform criminal law teaching from the case method to a more open-
ended philosophical approach).
See Stephen M. Johnson, Teaching for Tomorrow: Utilizing Technology to Implement
the Reforms of MacCrate, Carnegie, and Best Practices, 92 NEB. L. REV. 46, 77 (2013);
Garvey & Zinkin, supra note 4, at 105–06.
See Johnson, supra note 18, at 77; Stephen R. Alton, Roll Over Langdell, Tell Llewellyn
the News: A Brief History of American Legal Education, 35 OKLA. CITY U. L. REV. 339, 355–
See Johnson, supra note 18, at 77–78; Workshop, supra note 13, at 298 (remarks of
Although legal publishers are marketing an array of secondary teaching materials, such
as skills books and law stories books that faculty can incorporate into their course design, see
infra notes 209–215 and accompanying text, those materials are not integrated into traditional
casebooks, and adoption of the secondary materials imposes additional costs (and physical
burdens) on students, see, e.g., Skover, supra note 4, at 289.