"Thinking Beyond My Own Interpretation:" Reflections on Collaborative and Cooperative Learning Theory in the Law School Curriculum

Abstract

The multi-faceted teaching approach of collaborative learning includes a wide range of pedagogies from cooperative learning to collaborative writing. Cooperative learning and collaborative writing occupy opposite ends of a spectrum of teaching approaches that all share several premises: respect for students, the belief in the students' potential for academic success, the idea that learning is inherently social, and the understanding that learning is an active process. Both pedagogies share the goals of alleviating education related stress through small work-group settings, teaching group dynamics, and giving students the feedback they seek and desire. Further, both provide additional motivation to students who respond more positively to these assignments because they are predictable, manageable, and provide desirable evaluative feedback. Finally, studies demonstrate that these pedagogies, when compared with a competitive learning environment, produce higher levels of student achievement, increased development of student judgment, and more positive student attitudes toward learning. This article will explore why these pedagogies are not more readily adopted in legal education and propose guidelines for their use in law school writing assignments generally, and for first year legal analysis assignments in particular.