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How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials ,

Third edition (lexisnexis 2009) by michael makdisi & john makdisi.

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

• Procedural History

• Issue (and questions presented)

• Holding (and conclusions)

• Analysis (rationale)

• Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

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Writing Effective Legal Case Briefs for Law Students

How to write a case brief, complete with examples.

tl;dr - Case briefs help your understanding of legal concepts and enable you to better prepare for exams. Here are some example case briefs .

As a new law student, one of the essential skills you need to develop is the ability to write effective legal case briefs. A case brief is a concise summary of a legal case that highlights the key issues, legal principles, and holdings of the court. Writing a good case brief can help you better understand the law, prepare for class discussions and exams, and become a more effective legal professional. In this article, we'll explore the key elements of a good legal case brief and provide some tips on how to write one effectively.

Legal case briefs are an essential tool for you as a law student, as they provide a concise and organized summary of a court case. Case brief examples serve as a means for you to understand the facts, issues, and legal principles underlying a court decision, and are crucial in helping you develop analytical and critical thinking skills.

One of the primary reasons why case briefs are important for you is that they help you understand the law in a practical and applied manner. In law school, you study legal principles and concepts in a theoretical sense. However, case briefs provide a means for you to see how these principles are applied in real-world situations. By analyzing and dissecting court decisions, you are able to gain a better understanding of how legal principles and concepts are applied in practice. For example, case brief examples of landmark cases like Marbury v. Madison or Brown v. Board of Education can help you understand the historical and legal significance of these cases.

Understand the Structure of a Legal Case Brief

Before we dive into the details of how to write a good legal case brief, it's important to understand its structure. A typical legal case brief, such as the examples of case briefs available on LSD , includes the following sections:

• Title and Citation: This section includes the name of the case, the court that decided the case, and the citation (i.e., the reference that identifies where the case is published).
• Facts: This section provides a brief summary of the key facts of the case, including who the parties are, what they did, and how the case came to court.
• Issues: This section identifies the legal issues that the court was asked to decide, and focuses on the questions that the court addressed in its decision.
• Holding: This section summarizes the court's decision on the legal issues presented in the case.
• Analysis: This section provides an explanation of the court's reasoning in arriving at its holding, including the legal principles and rules that the court relied on.

Focus on the Key Facts and Issues

When writing a case brief, it's important to focus on the key facts and legal issues presented in the case. You should avoid including unnecessary details or information that is not relevant to the legal issues. Instead, focus on the facts and issues that are essential to understanding the court's decision. This is evident in many examples of case briefs written by legal professionals.

Identify the Legal Principles and Rules

In addition to focusing on the key facts and issues, it's important to identify the legal principles and rules that the court relied on in arriving at its decision. This will help you understand the court's reasoning and the legal principles that are relevant to the case. Many examples of case briefs available online also highlight the legal principles and rules that were applied in a particular case.

Use Clear and Concise Language

A good legal case brief should be written in clear and concise language, as seen in examples of case briefs written by legal professionals. You should avoid using legal jargon or technical terms that may be difficult for a layperson to understand. Instead, use plain language that accurately conveys the meaning of the court's decision.

Be Organized and Structured

To make your case brief more effective, it's important to be organized and structured in your writing. Use headings and subheadings to separate different sections of your brief, and make sure that each section flows logically from one to the next. This is evident in many examples of case briefs available online, which are organized and structured in a clear and logical manner.

So, what’s the point?

Developing analytical and critical thinking skills.

Writing case briefs helps you develop analytical and critical thinking skills. By analyzing court decisions and identifying key facts, issues, and legal principles, you are practicing your ability to think critically and to identify relevant legal issues. Case briefs provide a practical way to develop these skills and apply them to real-world legal problems.

To further develop your analytical and critical thinking skills, you can practice writing your own case briefs. Take a recent court decision and write a brief that summarizes the key facts, issues, and legal principles involved. This will help you become more proficient at identifying relevant information and organizing it in a structured manner.

Preparing for Class and Exams

In addition to being a valuable tool for developing analytical skills, case briefs also help you prepare for class discussions and exams. As you read cases and write briefs, you are gaining a deeper understanding of the law and the reasoning behind court decisions. This knowledge will help you participate more effectively in class discussions and will also help you prepare for law school exams.

To get the most out of case briefs when preparing for exams, you can practice writing case briefs for cases that you studied throughout the year, or to hypotheticals from past exams. This will help you apply the analytical skills you've developed to new situations and ensure that you are able to communicate your understanding of legal principles effectively.

In conclusion, case briefs are an essential tool for law students as they provide a practical application of legal principles, help develop analytical and critical thinking skills, and aid in preparing for class discussions and exams. By studying case brief examples, practicing writing your own briefs, and developing a deep understanding of the law in context, you can become a more proficient and effective student and legal professional. For examples, check out LSD's case brief database .

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Case Law Research Guide

Introduction.

• Print Case Reporters
• Online Resources for Cases
• Finding Cases: Digests, Headnotes, and Key Numbers
• Finding Cases: Terms & Connectors Searching

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Every law student and practicing attorney must be able to find, read, analyze, and interpret case law. Under the common law principles of stare decisis, a court must follow the decisions in previous cases on the same legal topic. Therefore, finding cases is essential to finding out what the law is on a particular issue.

This guide will show you how to read a case citation and will set out the sources, both print and online, for finding cases. This guide also covers how to use digests, headnotes, and key numbers to find case law, as well as how to find cases through terms and connectors searching.

To find cases using secondary sources, such as legal encyclopedias or legal treatises, see our Secondary Sources Research Guide . For additional strategies to find cases, like using statutory annotations or citators, see our  Case Law Research Tutorial . Our tutorial also covers how to update cases using citators (Lexis’ Shepard’s tool and Westlaw’s KeyCite).

Basic Case Citation

A case citation is a reference to where a case (also called a  decision  or an  opinion  ) is printed in a book. The citation can also be used to retrieve cases from  Westlaw  and  Lexis . A case citation consists of a volume number, an abbreviation of the title of the book or other item, and a page number.  

The precise format of a case citation depends on a number of factors, including the jurisdiction, court, and type of case. You should review the rest of this section on citing cases (and the relevant rules in  The Bluebook ) before trying to format a case citation for the first time. See our Bluebook Guide for more information.

The basic format of a case citation is as follows:

Parallel Citations

When the same case is printed in different books, citations to more than one book may be given. These additional citations are known as  parallel citations .

Example: 265 U.S. 274, 68 L. Ed. 1016, 44 S. Ct. 565.

This means that the case you would find at page 565 of volume 44 of the  Supreme Court Reporter  (published by West) will be the same case you find on page 1016 of volume 68 of  Lawyers' Edition  (published by Lexis), and both will be the same as the opinion you find in the official government version,  United States Reports . Although the text of the opinion will be identical, the added editorial material will differ with each publisher.

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The Case Studies Blog | Harvard Law School

• Discussion Forum
• Worker Centers & OUR Walmart: Case studies on the changing face of labor in the United States

Photo credit: The All-Nite Images from NY, NY USA on Wikimedia Commons

A q&a with sharon block, executive director of the labor and worklife program and lecturer on law at harvard law school.

by: Lisa Brem*

Recently, HLS Case Writing Fellow Brittany Deitch and I worked with Sharon Block , Executive Director of the  Labor and Worklife Program at Harvard Law School , to create two case studies for her spring 2018 seminar entitled “Organizing for Economic Justice in the New Economy”: the first case study — “ Worker Centers ” — explores how worker centers have grown in both numbers and power as they seek to fill the gaps left by the decline of the union movement in the United States.  Part 1 of the case study examines the challenges and opportunities faced by the New Orleans Workers’ Center for Racial Justice and its affiliated National Guestworker Alliance. Part 2 gives a brief overview of the legal framework that defines and affects labor and workforce issues in the United States.

The second case study — “ OUR Walmart: Online-Offline Organizing ” — showcases a different model of worker organization that grew from employee activities at Walmart.  Students reading both case studies will be able to analyze and draw conclusions about the efficacy of different types of worker centers and the roles they play in the larger workforce ecosystem.

Lisa Brem (LB): Why did you choose to create these case studies for your course?

Sharon Block (SB):  One of my objectives in teaching this course was to demonstrate to students that this is a very exciting time for people interested in economic justice issues. Because of the historically low levels of union density in our country, more and more energy is going into testing how the law can facilitate new forms of worker organizations. There are a number of innovative and dynamic people leading these organizing efforts. They are confronting many new and challenging legal and strategic questions. With these case studies, I hoped to help students put themselves in the shoes of these leaders so they can appreciate how interesting work in these kinds of organizations can be.

LB: What challenges and opportunities did teaching these case studies present?

SB: One challenge presented by teaching these case studies is that they each capture a story that is on-going. Many case studies look back at a scenario that has already resolved so that students can see the outcome of the decisions that are the subject of the case studies. In contrast, these case studies address situations that are still unfolding – some consequences of the decisions analyzed are clear but many are not. Because I was able to have the principle players in the case study scenarios come to class, I hope that that challenge became an opportunity. The students were able to feel more involved in the scenarios and even feel like they may have an impact on the outcomes of these unfolding stories through the questions and issues they were able to raise with the principals who came to class.

LB: What are the major takeaways that students will learn by reading and discussing these case studies?

SB: I hope that the major takeaways that students will learn will be: (1) although laws may be enacted for a particular purpose, their impact may change over time, producing very different results than those intended; (2) creative lawyers can use the law as a tool to advance policy objectives that may be very different than those intended by the laws’ drafters; and (3) moments of crisis can create great opportunities for trying new solutions to old problems.

LB: How did the students react to the case studies?

SB: The students seemed to enjoy the immediacy of the situations covered in the case studies. I enjoyed seeing how the case studies gave them a new perspective on situations that were familiar to them. For example, all of the students were familiar with Walmart and many had patronized Walmart stores. The OUR Walmart case study gave them new insights into what it was like to work at a Walmart and the community among Walmart workers that would not be evident to customers. Similarly, most of the students knew generally about the impact of Hurricane Katrina on New Orleans but learned a great deal more about how long-standing and complex the impact of the storm was on the New Orleans labor market and the lives of the people who lived and worked there.

LB: What would you tell (advice you would give) other faculty looking to use these case studies?

SB: I would recommend that if faculty use these case studies with students who haven’t taken labor law, that they spend a little time helping students understand traditional worker organizing so that the students can appreciate how innovative the leaders featured in these cases studies are.

Learn more about the Worker Centers and OUR Walmart and download both case studies for free on our website.

Quick facts on Worker Centers:

Case Study length:  37 pages including attachments. The case study includes Part 1 (general background, 22 pages) and Part 2 (legal background, 15 pages).

Format:  Worker Centers is best used to facilitate an 80- to 90-minute in-class discussion on worker centers in general, and the issues facing the New Orleans Center in particular. Some or all of the discussion questions listed in the teaching note can be provided to students prior to class along with the case study, to allow them to formulate ideas that they can share in class.

Quick facts on OUR Walmart:

Case Study length:  8 pages including attachments.

Format:  OUR Walmart is best used to facilitate an 80- to 90-minute in-class discussion on worker centers in general, and the issues facing OUR Walmart in particular. Some or all of the discussion questions listed in the teaching note can be provided to students prior to class along with the case study, to allow them to formulate ideas that they can share in class.

Teaching Notes  for both case studies are available for free download to qualified educators on Harvard Law School | The Case Studies website. Note that you must be logged in as a registered educator on our site to download teaching notes.

*Lisa Brem is the Managing Director of Teaching, Learning & Curriculum Solutions (TLC) at the HLS Library.  The Case Studies Program and Case Development are integral parts of the TLC.

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• Robbing the Piggy Bank? Moving from mutual to stock form at Friendly Savings Bank

A Q&A with Harvard Law School Professor Holger Spamann

by: Lisa Brem

Corporations and corporate finance courses typically spend the majority of their time talking about the stock form of corporate organization, which makes sense, given that this is the dominant form used by businesses in capitalist economies.  However, Harvard Law School Professor Holger Spamann spent his last Corporations class of the semester teaching a case study about something quite different: the mutual form. Yes, this is the organizational form memorialized in the classic film “It’s a Wonderful Life” in which Jimmy Stewart famously played the part of small community bank champion George Bailey.  Why spend time in a corporations course talking about a mutual bank?  We asked Professor Spamann about Friendly Savings Bank and why he and his co-author Stanley Ragalevsky created this case study.

Lisa Brem (LB): Why did you choose to create this case study for your course?

Holger Spamann (HS): I wanted something to engage broader questions about corporate organization and purpose. The mutual form presents a counter model to the shareholder(-value) driven corporate form, and it is successful at least in a limited realm. It is, therefore, a good launch pad for discussion. The case also raises questions about the role of the lawyer, particularly if one comes to believe that the management is essentially “robbing the bank” in this case.

LB: What challenges and opportunities did teaching the case study present?

HS: We try to draw students into the case by putting them in charge: they lead and present at the hearing. The risk is that you get off track, or rather off timing. It requires setting a strict timetable and reminding the students of it periodically.

LB: What are the major takeaways that students will learn by reading and discussing this case study?

HS: At a minimum, they will be aware that it is possible, at least in a limited realm, to have successful commercial entities that are not controlled by, and operated for, investors. Perhaps they will come to think that these entities have advantages in certain areas, and they may think that the bank lawyers in this case were operating in questionable territory. But that all depends on the view they end up taking on the merits of this case.

LB: How did the students react to the case study?

HS: Generally favorably. Some didn’t get the connection to the big question about entity structuring, which I will make sure to emphasize more next time.

LB: What would you tell (advice you would give) other faculty looking to use this case study?

HS: Watch the clock!

Learn more about the Friendly Savings Bank and download it for free on our website.

Quick facts on Friendly Savings Bank:

Case Study length:  39 pages including attachments.

Format:   Can be taught in an 80 or 90-minute class discussion or taught as a role play simulation in a 2-hour class session.  The simulation has three roles: lawyers for the Regulators, Bank Management, and Dissidents; the Management and Dissident groups take turns presenting their arguments to the Regulators, who make a final determination as to whether Friendly Savings Bank can convert from mutual to stock form.

Teaching Note  available for free download to qualified educators on Harvard Law School | The Case Studies website . Note that you must be logged in as a registered educator on our site to download teaching notes.

• The Argument for Active Learning

Multiple studies have shown that active learning is more effective than lecturing at achieving educational outcomes. One large 2014 meta-analysis of STEM classes found that average student failure rates decreased from 34% to 22% and that average student performance improved by half a letter grade when active learning replaced traditional lecturing. Given these findings, imagine the savings in tuition dollars if active learning were to be widely implemented. When it comes to assessments, researchers looked at concept inventories (which measured higher-level cognitive skills) and course examinations (which measured lower-level cognitive skills). While both higher- and lower-level skills were improved, they found that “active learning has a greater impact on student mastery of higher-versus lower-level cognitive skills”. In addition, the authors found that active learning disproportionally benefitted female and disadvantaged students.

The case study method, which encourages students to step into the shoes of a case study protagonist to wrestle with a real-world dilemma, is a proven active learning pedagogy.  The use of discussion and problem-solving via a case study can heighten student engagement, critical analysis, and reflection, thus creating conditions that foster transformative learning.  This can be true for both small groups and large classes, either peer-directed or facilitated by an instructor.

By using these case studies in your classroom, you can encourage innovation and inclusivity while you watch student outcomes improve.

Freeman, S., S. L. Eddy, M. Mcdonough, M. K. Smith, N. Okoroafor, H. Jordt, and M. P. Wenderoth. “Active learning increases student performance in science, engineering, and mathematics.”  Proceedings of the National Academy of Sciences  111, no. 23 (2014): 8410-415. Accessed March 13, 2018. doi:10.1073/pnas.1319030111.

• Spotlight on: International and Comparative Law

Photo used under Creative Commons Licensing, Earth seen from the International Space Station.

“The flow of goods, technology, ideas, capital, and people across borders means that the work of lawyers, whether in private practice or public service, increasingly involves matters in which knowledge of legal systems beyond one’s own can prove important.” — from International and Comparative Law Overview, hls.harvard.edu.

HLS Case Studies authors have compiled several case studies that have an international or comparative law component. Continue reading to learn more about these case studies.

The WikiLeaks Incident  is a workshop-based case study designed as a background document to set the stage for several hypothetical classroom exercises during which students play the roles of various stakeholders to broaden their understanding of the issues involved. The 2010 WikiLeaks shared leaked U.S. government documents, many of which were classified, resulting in legal maneuvering and tensions between Wikileaks, its critics, and its supporters. This case encourages students to ponder the question: What is the lawfulness and ethics of the actions taken? Students will analyze the government’s reaction to a large amount of classified material being published online, explore ways to respond appropriately to future leaks of sensitive material from the point of view of various stakeholders, and discuss ways in which the Internet as changed whistleblowing activity as well as the legal ramifications of these changes.

This case was developed for an Advanced Problem Solving Workshop in Cyberlaw and Intellectual Property, a second- or third-year elective course taught in the Harvard Law School J.D. program. The case can be taught in four 90-minute class sessions.

Sanctuary Cities  asks students to engage in a legislative simulation before the House Subcommittee on Immigration and Border Security. The subcommittee hears testimony from various groups on a proposed House bill that would cut federal funding to sanctuary jurisdictions. Students play the roles of majority and minority members of the subcommittee, representatives of various organizations with an interest in the proposed legislation, and correspondents from different media outlets . 

This simulation could be taught in Immigration Law courses, or seminars and clinical seminars on immigrant rights and advocacy. It could also be used in Legislation and Regulation courses.

“I wanted the students in my immigration law class to engage with the complex legal issues presented by the current debate over sanctuary policies and was eager to facilitate a productive debate.” – Professor Sabrineh Ardalan

Click here to read more on case Professor Ardalan’s comments about this case study.

The Case of the Lead Toys is a workshop-based case study that follows the story of toymaker Mattel that came under fire in 2007 when one of its European retailers found lead paint on some toys manufactured in China. The case asks students to play the role of the General Counsel for Mattel, determine what questions to ask their client, and draft a press release to communicate to the public about the crisis. The problem fits in the general category of avoiding trouble or distributing losses that have already occurred. Students will discuss whether lawyers should advise clients as if they were solely interested in taking maximum advantage of their legal rights or if their advice should encompass the full range of the client’s concerns, engaging the client’s moral compass in deciding whether it is right to pursue a legally-available objective.

This case was developed for the Problem Solving Workshop, a second-semester required course taught in the Harvard Law School first-year J.D. program. It has been used as the introductory case to highlight decisions faced by lawyers working directly for and with clients. The case can be taught in four hours over two sessions.

Ching Pow: Far East Yardies!!  is a workshop-based case study based on the story of Jamaican filmmaker and entrepreneur Bruce Hart, who set out to make a low-budget box office hit called “Ching Pow: Far East Yardies!!,” a satirical redubbing of a kung fu movie that appeared to be in the public domain. However, with sponsorship secured and production underway, Hart discovered that there existed a copyright holder to the original film. This case follows Hart’s international quest to find the copyright holder and secure permissions to release his movie. Readers will take the stance of Bruce Hart’s lawyers and parse out the distinctions of derivative and orphan works in intellectual property law, identifying a systematic approach to problem-solving when faced with an unresolved issue.

This case was developed by Professor Charles Nesson for an elective course for the Harvard Law School J.D. program. Educators may want to pair this case study with a discussion of the United States’ unique policy of statutory damages in copyright infringement cases. This case can be taught in two 90-minute sessions.

So ma lia in Crisis: Famine, Counterterrorism, & Humanitarian Aid ( Part A , B1 , B2 ) is a free, 3-part case study that forefronts the 2011 Somalia famine to ground the teaching of International Humanitarian Law (IHL) with a real-world application.

Part A   is a workshop-based case study that provides an opportunity for students to examine the potential impacts of U.S. material-support-to-terrorism laws in the context of humanitarian crises, through the lens of the Somalia famine. Participants are primed to problem solve, navigate potentially competing domestic and international law and policy, and make ethical and legal decisions in a high-pressure, complex international crisis. Then, in Parts B1 and B2, students will engage in role play exercises designed to expose the challenges in developing a consensus response among U.S. government agencies to a humanitarian crisis where a terrorist organization perceived as threatening U.S. security interests is involved.

Part B1 is best suited for two class periods spanning 90 minutes each. Part B2 can be taught in one or two class periods spanning 90 minutes each.

“…role-play exercises such as the Somalia Case Study help to contextualize IHL, introduce students to law’s real-world application, and potentially galvanize ideas about legal reform.” – Professor Rebecca Sutton

Check out our 4-part blog series about what students of Professor Rebecca Sutton’s Re-Imagining International Humanitarian Law course at the University of Western Ontario Law School thought about the use of this roleplay in a course on International Humanitarian Law. Read Part 1 ,  Part 2 , Part 3 , and  Part 4 .

Want more? Browse through our 25 case studies that incorporate aspects of international and comparative law on our website .

Click here for more on International and Comparative Law at Harvard Law School and visit the Institute for Global Law and Policy .

• Fair Use Week: 5 Questions with Kyle Courtney

In honor of Fair Use Week , we are reposting our blog about our case study: How Fair is Fair Use? The Battle Over E-Reserves at GSU  (A)  and  (B)

Since it was published, this case study has been downloaded 82 times.

Kyle Courtney, Copyright Advisor at Harvard University

Kyle K. Courtney, Harvard University’s Copyright Advisor in the Harvard Library Office for Scholarly Communication, wanted to develop a case study on the contentious institution of fair use at a university. He chose to focus on electronic reserves at Georgia State University, which faced a copyright infringement suit from Cambridge University Press, Oxford University Press, and Sage Publications. The case shows how the four factors of fair use, which are designed to support educational use and engender case-by-case analysis of copyrighted works, got caught in the crossfire between educators and publishers over extralegal, universal guidelines. What better format to bring fair use back to case-by-case analysis than a discussion-based case study?

Courtney first introduced the case study in his Copyright Immersion Program for Harvard University librarians designated as “Copyright First Responders.” Courtney has plans to use the case in his cyberlaw class at Northeastern University, which attracts students in law, criminal justice, and computer science. Courtney plans to teach the case in a continuing legal education program and to use taped segments of the Copyright Immersion Program for a massive open online course (MOOC). This case study could fit well in a number of other educational settings, such as intellectual property courses and professional development for general counsels or university officials.

Courtney shared with us his experiences as a first-time case study author:

EM: What inspired the case study?

KC: This was one of the most important library fair use cases in the last decade. It also marks a new era, one in which university presses sue university libraries. It’s a shift in the legal landscape.

This case involved a weighty decision for GSU: whether to go to trial and how to measure risk. It involved a lot of judgment, and judgment isn’t taught enough. This seemed like the ideal case for a teaching moment.

EM: What challenges and opportunities did the case writing process present?

KC: It was a challenge to lay out everything that happened before the suit: the GSU case itself represented a particular moment when decades of contention came to a head. There was very little precedent but so many forces at play: the libraries’ reliance on reserves, technological leaps, changing publishing models, and the challenges of copyright intersecting and sometimes interfering with education.

It was a rare opportunity to look inside at how these forces interact. It was a 353-page decision: you can’t not write a case study on that!

EM: What advice do you have for case writers and teachers in the legal classroom?

KC:  Getting up to speed on the law can be complex. Spend time on the introduction: engagement with the first part is critical to having a good discussion because it sets the scene and establishes the foundation for the discussion. When I first taught the case, my students had to get up to speed on how the law had been interpreted in the past. For this reason, I’m not sure the case should be taught in one sitting.

I had my participants in teams representing multiple sides, because for them, identifying with libraries was already easy. By asking different teams to reach a middle ground you bring in negotiation. Where are there areas for wins? What do the sides have in common?

We also explored what other schools, like Cornell, have done with similar suits in the past and about what would happen if an institution chooses not to fight. I did this as a lark at the end, but it was a great exercise.

EM: How did the students react to the case study?

KC: They really liked it—even I was surprised at the amount of enthusiasm generated by something as routine as e-reserves. The case led to a robust discussion. I think the participants realized that their work today may have an impact on the law!

Case studies are great because they reflect the front-line problems that education has with copyright law. Capturing these problems is complex but proves that these issues can be reasoned, analyzed, and addressed. Cases give front-line people the sense that there is ground to be gained and that their newfound knowledge will serve them as better employees.

EM: What, if anything, would you do differently next time?

KC: I might spend more time hitting home the points in the introduction. With busy professionals, you can’t be sure they’ve read the whole case.

More generally, I think it helps to integrate case studies into classes where you’re building copyright law. Substantive legal courses don’t normally include opportunities for role play, but it’s a critical skill using the analytical side of your brain.

Our Bestselling Cases

Harvard Law School | The Case Studies has served 7,986 customers , published 220 cases , and fulfilled 8,152 orders over the last 6 years. Here is a list of our top 5 bestselling case studies:

2. Ernest Shackleton’s Journey to the Endurance   describes the path that led Ernest Shackleton to embark on his epic voyage to the Antarctic aboard the Endurance in 1914. The case, a compelling saga of crisis and survival, allows instructors and students to review what happened during the voyage and explores what is required for effective teamwork and leadership in the face of turbulence.

3.  William Fox  follows the life and career path of William Fox, a mid-career partner at a prestigious law firm in London. This case enables participants to reflect on how to evaluate one’s career trajectory, the balance between commitments to work and personal life, and how the meaning of “success” might evolve over time.

4. Linklaters (A): Seeking Clear Blue Water   follows Linklaters managing partner Tony Angel as he seeks to implement his vision for the global law firm. This case allows participants to discuss the importance of creating and articulating a clear strategy in a professional service firm, the challenges related to implementing such a strategy, and the considerations that lead to a successful change management.

5.   How to Approach a Case Study in a Problem Solving Workshop  is a free product that gives helpful tips for approaching problem-solving case studies and effectively reading these cases to prepare for discussions and exercises.

In 2017, HLS Case Studies published 16 new case studies , 11 of which are free to download .  Browse all 40 free case studies , including  Bank Secrecy Act, Anti-Money Laundering Law Compliance, and Blockchain Technology , the most popular case study published in 2017.

Negotiation instructors might want to review Mortgage Crisis Call , our  most viewed new case, which has been viewed nearly 20,000  times since it was published in January 2017. This case is a multiparty negotiation scenario that provides an introduction to group decision making. It is set in the aftermath of the 2008 U.S. residential mortgage crisis, which left more than ten million homes foreclosed.

Please  view the full catalog of cases published in 2017.

New Product: Sanctuary Cities: The Legislative Hearing

Photo used under Creative Commons Licensing, Statue of Liberty.

Q&A with Professor Sabrineh Ardalan

Harvard Law School | The Case Studies  has published a new case study and classroom simulation developed by Sabrineh Ardalan, Assistant Clinical Professor at Harvard Law School and Assistant Director at the Harvard Immigration and Refugee Clinical Program, along with Brittany Deitch, J.D. Case Writing Fellow, and Lisa Brem, Managing Director of the Teaching, Learning and Curriculum group at HLS.

The case study includes a background note on sanctuary jurisdictions and a roles for six stakeholders who present comments and testimony at a mock legislative hearing on  a bill affecting such jurisdictions.

Our Case Studies Program staff asked Professor Ardalan about her experience developing and teaching the case study. Read her answers to our questions below, and download free copies of   Sanctuary Cities .

Why did you choose to create this simulation for your course?

I wanted the students in my immigration law class to engage with the complex legal issues presented by the current debate over sanctuary policies and was eager to facilitate a productive debate. A legislative simulation seemed like the ideal format for the class, particularly given the various legislative proposals introduced in Congress, as well as in city councils and states across the country.

What challenges and opportunities did teaching this simulation present?

The simulation allowed for both sides of the debate to have equal airtime so that students could fully understand the arguments for and against sanctuary-related policies and legislation. It was a challenge deciding what legislative initiative to use to allow students to explore the issues most fully, and we considered various bills pending at the state and federal level before making a decision.

What are the major takeaways that students will learn in this simulation?

Students will learn how to distill complicated legal arguments into clear, persuasive, and concise talking points and how to think through their strongest and weakest arguments in order to respond to questions and provide comments on testimony.

How did the students react to the simulation?

The students were very engaged both in the simulation itself and in the preparation for the simulation. They worked well in teams to develop testimony, arguments, and questions.

What would you tell (advice you would give) other faculty looking to use this simulation?

The more time you can allocate to debrief, the better. I wish I had built in additional space for a group discussion and feedback afterwards. Also, I would recommend bringing in advocates who have attended or testified at prior Congressional hearings to participate in the simulation, either by chairing the committee hearing or by commenting on the simulation and the issues presented after the fact.

Acknowledgments

I was lucky enough to have two amazing lawyers –  JJ Rosenbaum , formerly the Legal Director with the New Orleans Workers’ Center for Racial Justice which led efforts in New Orleans and advocacy efforts at the Congressional hearings on  New Orleans as a Sanctuary City , and  Avideh Moussavian , who  works on sanctuary issues at NILC  – chair the hearing for the simulation, which greatly enhanced the experience for everyone involved.

Strategies for consensus-building and decision-making

Sabrina Bruno and Eric Blay

This is the fourth in a series on the use of Somalia in Crisis role play in a law school course on International Humanitarian Law. Read the Introduction.

The goal of the Somalia simulation was to help bring an end to the Somalia famine quickly without compromising American national security. There were numerous disagreements between opposing interest groups that necessitated consensus-building. While members of each of the parties were behaving as rational actors, individuals’ differing objectives led them to become quickly entrenched in their assigned positions. This tended to make them lose sight of the overall goal of the meeting, which was to develop a strategy for ending the famine in Somalia.

Our team played the advisory role of the intelligence agency. Striving to help build consensus with others while serving in an advisory role was challenging. It was imperative to remain in character—advocating the priorities of the intelligence agency—throughout the simulation. Differentiating between personal opinions and the insights that our assigned character was likely to espouse was challenging, but vital. In an advisory role, it is important to be aware of the seemingly incompatible agendas held by different parties. Equally necessary is to work with participants to identify underlying interests that might provide grounds for formulating solutions that meet everyone’s objectives to some extent. While each party held different principal priorities, their overarching goals seemed to converge. For instance, a central aim of all parties was to ensure the safety of American citizens, though each group differed as to how that safety could be achieved.

Reaching consensus among the groups was a difficult task. They became immersed in their assigned character roles and tended to focus on the issues that divided them rather than emphasizing what they had in common. It seemed that all parties felt that, despite being ordered to end the famine quickly, their specific interests ( i.e. legal, security, humanitarian, etc.) had to take up equal space at the bargaining table. In actual negotiations of this type one would hope that objective criteria, such as feasibility, would govern the final decisions, instead of having the final word going to the most forceful individuals who took the strictest hard-lined positions.

Allowing time for discussions amongst the representatives of the various teams was an effective strategy; it allowed multiple conversations to occur simultaneously, and created space for groups to identify similar interests as well as obstacles to reaching consensus. In comparison with the time spent having all participants met as one group, it seemed that the more chaotic intermingling of groups was much more efficient. Considerable decision-making work was done by group representatives who liaised with other interest groups to garner support for their position, or to collaborate on ideas for mutually acceptable solutions. This allowed them to present a united front to other, more ideologically opposed groups. A breakthrough came when groups accepted that compromises would have to be made by all parties. When given sufficient time to discuss amongst themselves, groups were able to create a unified plan, with the exception of concerns about fungible aid and the payment of access fees to FTOs. The result was a semi-secure and partially effective solution.

This simulation was a useful exercise for learning how human character and subjectivity influence policy-making processes. All aspects of strategy for the response to the Somalia famine were heavily influenced by the personalities and proclivities of the individuals who participated in the negotiation. The most significant thing we learned was that, in practice, the negotiation process is not ruled by objective criteria so much as the subjective views of participants. No matter what the nature of the factual scenario at hand is, it is clear that negotiation, mediation, and conciliation skills are crucial to navigating the entrenched positions of various stakeholders. Read Part 2 and Part 3 .

Written by law school students Sabrina Bruno and Eric Blay as part of the Re-Imagining International Humanitarian Law course at University of Western Ontario Law School.

Discerning the interests and priorities of diverse stakeholders

Katrina Younes, Rob Alfieri, Aaron Zaltzman

This is the third in a series on the use of Somalia in Crisis role play in a law school course on International Humanitarian Law. Read the Introduction.

During the simulation of a National Security Council (NSC) meeting regarding the 2011 Somalia Famine, we observed that the first step for building consensus between parties espousing disparate positions was to efficiently and accurately categorize the identities, key issues, and positions of the respective groups. The task of the NSC Committee Chair was to incorporate the competing views of 20 different voices, representing four distinct interest groups, and facilitate a consensus in just a few hours. While this extremely tight timeline made us nervous, the key to working effectively was the efficient management of the conversation.

One way we navigated these time constraints was by laying out a roadmap that outlined the policy points that were predicted to generate the most debate. This roadmap was developed after each team had been invited to specify which issues they believed could fairly easy garner consensus, versus the issues they felt would require further persuasion. The central aim of the NSC team, for example, was to end the famine and secure legal assurances that individuals would not be prosecuted for delivering life-saving humanitarian services to this end. This was their static position, from which they would not budge. The NSC team also identified lower-stakes positions that they were open to re-thinking—so long as their core static position was not compromised.

Once the respective views of each team had been expressed, the next task was to speak to other members of other teams to see what headway could be made.  One of the groups—which consisted of U.S. Department of Defense, Joint Chiefs of Staff, Director of National Intelligence and Department of the Treasury—chose to focus on interacting with groups whose views were not in alignment with their own in order to see if there was any room to maneuver. It was during this part of the simulation exercise that it became clear just how entrenched various teams were in their positions. Upon a return to the plenary formation, the Chair of the NSC meeting quickly identified which policies had broad general support, and which were now proving to be the most contentious.

In the final round of negotiations, it was clear that all parties agreed that the Somalia famine represented an emergency that demanded immediate action. It was also evident that the idea of a humanitarian exemption to the counter-terrorism laws had some support, particularly if it could be executed in conjunction with a Partner Vetting System. The most contentious issue, it emerged, was whether NGOs should be permitted to pay access fees to FTOs if necessary. Ultimately, this issue consumed the bulk of the discussion. It also ended up standing in the way of a group consensus on the overall approach. However, since the various issues had been divided up and dealt with according to level of difficulty, many smaller and less divisive issues were still possible to agree upon. This enabled the parties to forego needless arguments over small points and focus on the more significant issues at hand. Read Part 2 and Part 4 .

Written by law school students Katrina Younes, Rob Alfieri, Aaron Zaltzman as part of the Re-Imagining International Humanitarian Law course at University of Western Ontario Law School.

Legal, political, strategic and ethical dimensions of the 2011 famine

Elspeth Graham & Laura Snowdon

This is the second in a series on the use of Somalia in Crisis role play in a law school course on International Humanitarian Law. Read the Introduction.

The United Nations declared a famine in Somalia in July 2011. The humanitarian response to this crisis was slowed by the presence of al-Shabaab, and the famine ultimately claimed the lives of nearly 260,000 people. Six years later, five teams of law students representing various U.S. government departments participated in a simulation exercise to negotiate the legal, strategic, ethical, and political concerns that arose in relation to the crisis. The five teams represented the National Security Council, Department of Defense, Department of Justice, Department of State, and Office of the Vice President, respectively.

Legal concerns regarding issues of enforceability and a lack of clarity in U.S. material-support-to-terrorism legislation hindered consensus-building amongst the negotiating parties. The representatives of each group recognized that the legal landscape governing humanitarian workers in Somalia was complex and unclear, resulting in a chilling effect on the provision of aid. A majority of representatives concluded that a temporally- and geographically-limited humanitarian exception was a feasible path forward: it could potentially balance the U.S.’s moral obligation to provide aid alongside its important national security concerns. They were persuaded to agree on a humanitarian exception on the basis of moral arguments, namely the moral obligation of the U.S. to help save the lives of Somali citizens in crisis. However, the team representing the Department of Defense was the lone holdout, preventing group consensus on this point. Given its mandate to prioritize national security, it voiced concerns that any humanitarian exception—however limited—might allow al-Shabaab to financially benefit from U.S. humanitarian assistance.

The likelihood of consensus could have been increased if those teams favouring a humanitarian exception had considered arrangements more sensitive to national security. A strong attempt at this argument was that the failure to provide a humanitarian exception could actually pose a greater security threat for the U.S., due to prospects of radicalization in the face of an increasingly grave humanitarian crisis. While the Department of Defense team recognized this risk, it still insisted that directly supporting terrorist organizations posed the greater threat. Arguably, other stakeholders could have challenged this set of assumptions more effectively. After further rounds of discussion, the representatives of the Department of Defense finally appeared open to a very limited humanitarian exception so that food and water could be delivered to Somali citizens. However, they maintained the view that their obligations to protect American citizens prevented them from permitting humanitarian aid workers to pay access fees to Foreign Terrorist Organizations (FTOs) such as al-Shabaab.

In terms of political concerns, the teams also considered how a potential humanitarian exception to the counter-terrorism legislation might affect international relations. During informal discussions, some argued that it was in the interest of the U.S. to allow humanitarian assistance: this would preserve its image and status in the international community. Otherwise, the U.S. might be viewed as weak, and even callous, for failing to assist in the response when it clearly had the capacity to do so. Cutting against this was the fear that allowing for a humanitarian exception could cause the U.S. to be viewed as a state that supports terrorist organizations.

The 2011 Somalia famine was an exceptionally problematic crisis, due to the need for humanitarian assistance in the context of an armed conflict involving a terrorist group. As a result of the intersection of these issues, decision-making in response to the famine was rendered even more complex. Only time will tell if the U.S. can learn from its past mistakes to coordinate an effective humanitarian response when similar crises unfold elsewhere in the world. Read Part 3 and Part 4 .

Written by law school students Elspeth Graham & Laura Snowdon as part of the Re-Imagining International Humanitarian Law course at University of Western Ontario Law School.

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The Law School Case Method

In the majority of your law school courses, and probably in all of your first-year classes, your only texts will be casebooks—collections of written judicial decisions in actual court cases.

The case method eschews explanation and encourages exploration. In a course that relies entirely on the casebook, you will never come across a printed list of "laws."

Indeed, you will learn that in many areas of law there is no such thing as a static set of rules, but only a constantly evolving system of principles. You are expected to understand the law—in all of its ambiguity—through a critical examination of a series of cases that were decided according to such principles. You may feel lost, groping for answers to unarticulated questions. This is not merely normal, it is intended.

How the Case Method Works

In practical terms, the case method works like this: For every class meeting, you will be assigned a number of cases to read. The cases are the written judicial opinions rendered in court cases that were decided at the appellate level. (The reason for reading cases from courts of appeals or supreme courts is that such cases turn on issues of law, not of fact. If you are charged, tried, and convicted of murder and wish to appeal your case, you do not simply get a whole new trial at a higher level. You must argue that your conviction was improper, not that it was inaccurate.)

Your casebook will contain neither instructions nor explanations. Your assignments simply will be to read the cases and be in a position to answer questions based on them. There will be no written homework assignments, just cases, cases, and more cases.

You will write, for your own benefit, briefs of these cases. Briefs are your attempts to summarize the issues and laws around which a particular case revolves and to make sense of the court's findings in terms of similar cases. One way or another, your law school probably will tell you how to brief a case. If there's an optional seminar, you really ought to attend. In the event that you are left in the dark, it's utterly imperative that you find out how to brief a case. Google it. Ask a second year. Unless you are insanely brilliant, good briefing is really a key to getting good grades. Over the course of a semester, you will try to integrate the content of your case-briefs and your notes from in-class lectures, discussions, or dialogues into some kind of cohesive whole.

From Briefs to Outlines

Typically, you will take your copious briefs and class-notes and create an outline from which you will study for your final exams. Since almost all of your grade for a particular course will rest on your performance on the final, it is essential to establish a system that will allow you to recall the case appropriate for a given legal circumstance within an exam period.

This is especially true since most of your exams will be open book. Once you've see your case-books, you'll understand why having them on the day of the test will not be particularly helpful. Unless, of course, you have your outline handy. Outlines, whether you write your own, create them in a study group, or buy the commercial variety, will be an intrinsic part of this system. Don't neglect them. Your academic success rests on it.

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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

Related insights

Westlaw tip of the week: Checking cases with KeyCite

Why legislative history matters when crafting a winning argument

Case law research tools: The most useful free and paid offerings

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US Case Law

The United States Supreme Court is the highest court in the United States. Lower courts on the federal level include the US Courts of Appeals, US District Courts, the US Court of Claims, and the US Court of International Trade and US Bankruptcy Courts. Federal courts hear cases involving matters related to the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute.

Each state has its own judicial system that includes trial and appellate courts. The highest court in each state is often referred to as the “supreme” court, although there are some exceptions to this rule, for example, the New York Court of Appeals or the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state law and regulations, although state courts may also generally hear cases involving federal laws. States also usually have courts that handle only a specific subset of legal matters, such as family law and probate.

Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive. For example, a decision by the US Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) is not strictly bound to follow the Fifth Circuit’s prior decision. Similarly, a decision by one district court in New York is not binding on another district court, but the original court’s reasoning might help guide the second court in reaching its decision.

Decisions by the US Supreme Court are binding on all federal and state courts.

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University of Virginia School of Law

Studying for Law School Exams? Here Are 10 Ways To Prepare

Photo by Jesús Pino

As the spring semester winds down, students at the University of Virginia School of Law are starting to prepare for exams, which begin April 29. Here are the best tips and content about how to approach exams we’ve produced over the years.

1. What Law Professors Look for on Exams

Professor George Cohen offers advice on how to approach law school exams.

2. Professors Discuss Exam-Taking Strategies

Professors George Cohen, Anne Coughlin and Thomas Nachbar  advise first-year students on best strategies for taking law school exams. 

3. Exam Tips for First-Y​ear Law Students

Stocked with the latest and greatest exam advice from Professor  Alex Johnson  and students Katie Barber ’15 and Zachary Ray ’16, this video covers all angles, from preparing for exams to taking them.

4.  Inside the Mind of a Professor: How They Write Exams and How You Can Excel at Them

How and why do law professors write such challenging exams? Professor  Kenneth S. Abraham  and Dean  Risa Goluboff  discuss their process and offer tips for how students can master taking exams.

5. What’s Your Exam Advice?

We asked students, faculty and alumni for their best advice for prepping for and taking exams.

6.  Been There, Passed That — Alumni Exam Tips

Twenty alumni advise students to take practice exams, know your professor, study your own way, and more.

7. Outlining Strategies and Techniques

Daniel Richardson, former editor-in-chief of the Virginia Law Review and the 2018 graduate with the highest GPA, provides law students with advice about preparing for mid-terms and finals.

8.  How To Prepare for Exams

Faculty suggest starting by asking professors about the style and scope of their tests, and learning about what kind of answers they want.

9. Professors Discuss Exam Strategies

10. Exam Tips From Professor Anne Coughlin

There’s a reason why this video has more than 90,000 hits on YouTube.

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About Harvard Law Case Studies

Case studies at harvard law school.

"[In 2004], Harvard Law School embarked on a major curricular review aimed at determining what changes might help us to prepare our students even more effectively for the complex global challenges of this new millennium."

--Supreme Court Justice and former HLS Dean Elena Kagan, 2007

One of the major initiatives that came out of this review was the Problem Solving Workshop, a required first-year program aimed at practical lawyering skills. View this short video about the Problem-Solving Workshop:

Harvard’s curricular review in 2004 challenged the accepted way of teaching law. In 2007, HLS Dean Martha Minow and Professor Todd Rakoff published these findings, "A Case for Another Case Method," in the Vanderbilt Law Review.

The Langdellian case method , which focused on "a retrospective view of facts," was falling short in teaching critical problem solving skills. What law school needed, according to Minow and Rakoff, was a new way to simulate “legal imagination.”

Minow and Rakoff wrote: "What [students] most crucially lack ... is the ability to generate the multiple characterizations, multiple versions, multiple pathways, and multiple solutions, to which they could apply their very well-honed analytic skills."

To that end, Harvard Law School instituted the Problem Solving Workshop, a required first-year course that teaches problem solving skills through the case study method . The Problem Solving Workshop encourages the use of case studies throughout the HLS curriculum.

Now, several faculty initiatives produce case studies at Harvard Law School.  

The Case Development Initiative 

The Case Development Initiative   creates case studies for J.D. and Executive Education classes. HLS faculty use case studies to teach a variety of legal topics, including career dilemmas that lawyers face and management issues that law firms and professional service firms experience. These case studies expose participants to real-world problems that lawyers and firm leaders confront, and help them work through possible approaches and solutions. CDI was founded by Professor Ashish Nanda and is now directed by Dr. Lisa Rohrer.

Great for: discussion-based case studies, law and business, management , professional development

Sample Teaching Units: Professional Development for In-House Counsel , Professional Development for Law Firms , Leadership

Additional Information:   The Case Development Initiative at Harvard Law School

Harvard Negotiation and Mediation Clinical Program

The Harvard Negotiation and Mediation Clinical Program , directed by Professor Robert Bordone , developed several role plays for an advanced negotiation workshop at HLS. The course, Multiparty Negotiation, Group Decision Making, and Teams , enables students to participate in and conduct complex, multiparty negotiations. "Lawyers and other professionals, irrespective of their specialty, find themselves party to negotiations with multiple (more than two) principals all the time," explains Bordone. "This course combines theory and practice to give students an opportunity to hone their skills in multiparty settings."  Students work in teams to address complex, global, and professional issues. The advanced workshop integrates intellectual and experiential learning by combining readings, lectures, and discussions with frequent exercises, extensive review, live and filmed examples, individual and small group reviews, and analysis of the negotiation process and the process of learning from experience.

Great for: role plays, multiparty negotiation, DVDs , mediation

Sample Teaching Units: Critical Decisions in Negotiation

Program on Negotiation 

Program on Negotiation materials use real events or fictionalized versions of events to teach negotiation and mediation theory, issues, and practice. These materials can take the form of a discussion exercise, a role playing game, a dilemma-based case study, or a factual account of a negotiation event. Events and historical contexts, such as the rise of organized labor in the United States, the conflict between Catholics and Protestants in Northern Ireland, and the history of Zionists and Arabs in the Middle East, catalyze discussion and debate on negotiation and dispute resolution.

Great for: role plays, historical case studies, negotiation, value-based conflict resolution, water rights and environmental management, examples of Great Negotiators

Sample Teaching Units: Mediating Value-Based Conflict

Problem Solving Workshop 

Problem Solving Workshop materials immerse students in the type of real-world problems faced every day by practicing lawyers. The case studies present the problem at hand and provide readings on related theory, excerpts of relevant law, and other illustrative documents, such as contracts and leases. Students complete team assignments and exercises that include tasks such as drafting a press release as general counsel of a toy company in trouble; determining, as an associate at a law firm, the possible actions open to a client facing a harassment change from a tenant; or deciding, as a new Assistant U.S. Attorney in New York, whether—and how—to charge someone with Section 8 housing fraud. Professors   Todd Rakoff   and   Joseph Singer lead the PSW teaching group, which develops new materials yearly.

Great for: workshop-based case studies , 1Ls, J.D. programs, lawyering, problem solving , free materials

Sample Teaching Units: Problem Solving Workshop , Advanced Problem Solving Workshop: Cyberlaw, Intellectual Property, and Internet & Society

Additional Information: Information Law and Policy: Advanced Problem Solving Workshop

Case Studies Program 

The Case Studies Program supports additional HLS faculty in developing case studies.

Great for:  discussion-based case studies

Sample Teaching Units:  Decision Making and Leadership in the Public Sector

Next:  The Case Study Teaching Method  >>

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Case study definition

Case study, a term which some of you may know from the "Case Study of Vanitas" anime and manga, is a thorough examination of a particular subject, such as a person, group, location, occasion, establishment, phenomena, etc. They are most frequently utilized in research of business, medicine, education and social behaviour. There are a different types of case studies that researchers might use:

• Collective case studies

• Descriptive case studies

• Explanatory case studies

• Exploratory case studies

• Instrumental case studies

• Intrinsic case studies

Case studies are usually much more sophisticated and professional than regular essays and courseworks, as they require a lot of verified data, are research-oriented and not necessarily designed to be read by the general public.

How to write a case study?

It very much depends on the topic of your case study, as a medical case study and a coffee business case study have completely different sources, outlines, target demographics, etc. But just for this example, let's outline a coffee roaster case study. Firstly, it's likely going to be a problem-solving case study, like most in the business and economics field are. Here are some tips for these types of case studies:

• Your case scenario should be precisely defined in terms of your unique assessment criteria.

• Determine the primary issues by analyzing the scenario. Think about how they connect to the main ideas and theories in your piece.

• Find and investigate any theories or methods that might be relevant to your case.

• Keep your audience in mind. Exactly who are your stakeholder(s)? If writing a case study on coffee roasters, it's probably gonna be suppliers, landlords, investors, customers, etc.

• Indicate the best solution(s) and how they should be implemented. Make sure your suggestions are grounded in pertinent theories and useful resources, as well as being realistic, practical, and attainable.

• Carefully proofread your case study. Keep in mind these four principles when editing: clarity, honesty, reality and relevance.

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A law case study for students is an in-depth analysis of a legal case used to teach law students about the principles of law and how they are applied in practice. The law case study helps a detailed account of the facts, legal issues, and arguments presented by the parties, as well as the reasoning of the judge or judges who decided the case.

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III. Deadline for submission: - - -?

Sample of Law of Torts Assignment Question :  In the case of Edington v. Fitz Maurice (1885) 29 CH. D. 459 at 483, Justice Bowen, L.J. stated that “the state of a man’s mind is much a fact as the state of his digestion.” And several centuries before 1885, Brian C.J. said: “it is common knowledge that the thought of man should not be tried, for the Devil himself knoweth not the thought of man”. Another distinguished judge, Lord Macnaghten, in, in the case of Allen v Flood (1898) AC. I, commented that “it is the act, not the motive for the act that must be regarded”. Bearing in mind these three quotations, discuss the two concepts of intentions and motives in the Law of Torts to which the three judges were referring. Illustrate each concept with a decided case.

Law of Torts

I. The length of the assignment or case stuy writing should not exceed ten (10) typed pages in 12 pt Times New Roman or Arial, spacing 1.5

Sample of Law of Torts  Assignment Question : Define and explain the tort which forbids unjustified restraint of another person’s freedom of movement. Your definition of the tort should state the basic requirements which the plaintiff must prove against the defendant. Support your discussion with case law.

Criminal Law

Sample of Criminal Law Assignment Question : A criminal is a special branch of public law that is distinguishable from civil law such as contract and torts. In your well-reasoned and researched opinion, what distinguishes criminal law from other branches of law?

Constitutional Law

Sample of Constitutional Law Assignment Question : Quoted in Constitution, Governance and Democracy, AV Dicey stated the following: “Democratic sentiment, further if not democratic principle, demands that law should, on the whole, correspond with public opinion; but when a large body of citizens not only are opposed to some law but question answers the moral right of the state to impose or maintain a given law, our honest democrat feels deeply perplexed how to act”. Making reference to the constitution-making processes in Zambia, discuss the statement above

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