On Monday, July 18th during the AALL annual meeting, the FCIL-SIS held its first in-person roundtable discussion in several years (hip hip hooray!) to discuss teaching FCIL research. Meredith Capps of Vanderbilt University Law School introduced the featured speaker, Janet Kearney of Fordham University Law School. Janet spoke about her efforts to enhance her own FCIL resource course, which she described in brief in the February 2022 FCIL-SIS newsletter article, Work-in-Progress: A Research Framework in FCIL Teaching?, for which she received the SIS’s Newsletter Article of the Year award.
Janet described the first iteration of her 2-credit course as “disparate.” In considering how to better organize the course, she considered the four-step research process upon which she relies in her first-year legal research course: 1) research planning, 2) secondary sources, 3) statutes and regulations, and 4) cases. To adapt this framework for FCIL research instruction, Janet opted to reframe steps 3 and 4 and collapse them into a single category of primary sources. Approaching each week’s content with this framework, Janet encouraged students to first plan their research, then identify secondary sources that might answer their question, and then locate relevant primary authorities. Janet asked students to consider which sources of law might govern their problem, which would be binding, and in what way they would be binding (or persuasive). Her students responded positively to the new framework, and as of this writing Janet is drafting a longer article discussing her experience in designing the course – stay tuned!
Breather breather, CC0, via Wikimedia Commons
As is typical in a roundtable format, after discussing the initial topic of utilizing process frameworks in instruction, participants explored a number of other topics, questions, and concerns informally for the balance of the time, including:
- The needs of JD v. LLM students, and whether and when to teach separate JD and LLM research courses,
- How to better incorporate private international law problems into our courses, including utilizing trade and family law hypotheticals,
- How many sources to cover in a typical class, and how best to organize those sources for student reference,
- Encouraging students to first consider the subject before the jurisdiction,
- To what extent we utilize niche databases in our courses that students may not have access to in practice,
- Challenges associated with students’ variable knowledge of international law upon enrolling in an FCIL research course,
- Addressing student confusion in distinguishing between primary and secondary authorities…
…and more – it was a busy hour!