Teaching the Law School Curriculum - Institute for Law Teaching ...

214 Family Law
the rest of the class and my critique and commentary as a wrap-up. The students enjoy simulations of this kind
very much. Most of the time, the rest of the class applauds the performances of the participants.
Incorporating Experiential Components in Family Law Courses
J. Eric Smithburn, Notre Dame Law School
Experiential components can be introduced in any family law course by simply taking a field trip to the local
court, shelter, or agency. However, in both our upper-level family law seminars (Children and the Law and Family
Violence), we incorporate these experiences more fully into the curriculum. In both courses, students are expected
to observe the legal system in action by volunteering time in family court or other appropriate settings.
The requirements for the experiential component vary according to the student’s choice of final project. While
all students are required to integrate some observation time into their course work, some may opt to make that
a larger part of the research and presentation of their final projects, while others might prefer to spend more time
on traditional research and writing in producing a final written project.
Including experiential components for your class requires some up-front networking with local professionals.
We simply ask professionals if they would be open to mentoring a student in the class; we outline the expectations
we have (which are kept minimal — a willingness to have an observer and an openness to questions) for
the mentors; and we provide a list to the students. Some of the mentors are invited to speak to the class about
the work they do. Students are welcome to go beyond the list as well, and each year the pool of available experiences
expands as students take advantage of their diverse geography or prior professional associations to create
their own opportunities. Students are expected to report their activities and observations. They are not required
to actually volunteer their assistance but only to observe, though many students are eager to become more actively
involved. Observations are incorporated into an end-of-term presentation to the class on some issue raised
by their experiences.
While this type of homework can be a bit intimidating for both faculty and students alike in the beginning,
we have found that integrating experiential components into our family law curriculum has brought significant
benefits to learning and teaching. Students understand legal doctrines they are learning more deeply, with greater
appreciation of both the practical application of those doctrines and their deeper political and philosophical subtleties.
Students begin to view the course material as real rather than academic, with class discussions reflecting
increased curiosity and enthusiasm for the subject. The class becomes a community of learners, as students recognize
that they have insights and experience to contribute and as they are exposed to views of professionals
other than their professor. Students learn skills of observation, reflection, and professional networking often unavailable
outside of clinical programs. Finally, the students experience some of the emotional aspects of this area
of law, which cannot be authentically replicated in the classroom.
Barbara Glesner Fines and Mary Kay Kisthardt, University of Missouri-Kansas City School of Law
Problems, Cases, and Topics
I use a combination of case method and problem method. The reported cases in family law can be misleading
as to what is happening in the resolution of disputes in custody, divorce, or child support cases. Because the
statutes give little guidance to judges, the cases are quite fact-specific, and appellate courts generally are highly
deferential to trial courts in these cases, a tiny percentage of the cases are appealed. For that matter, the overwhelming
majority of these cases are settled before coming to trial. I have had good success using problems that
I have designed to get at important aspects of the case law while communicating that there are social norms and
biases that figure prominently in these cases (examples available upon request).