Exorcising Langdell's Ghost: Structuring a Criminal Procedure Casebook for How Lawyers Really Think

Authors

Andrew E. Taslitz

Abstract

First established by Christopher Columbus Langdell in the late nineteenth century, the case-method of legal education has been the subject of increasing criticism in recent years. Professor Taslitz joins the battle against the case-method, but from a slightly different vantage point. His Essay focuses not on what law professors do in the classroom, but instead examines the primary tool that they use: the casebook. In order to understand the traditional casebook's failings, Professor Taslitz critiques one of the newest and best criminal procedure casebooks on the market, Criminal Procedure: Constitutional Constraints Upon Investigation and Proof, by Welsh White and James Tomkovicz. While generally lauding White and Tomkovicz' effort, Professor Taslitz concludes that their casebook regrettably is limited by the assumptions of the Langdellian method. After reflecting on these limitations, Professor Taslitz concludes that Langdell's ghost must be exorcised and proceeds to construct a model for the "perfect" criminal procedure casebook.

Recommended Citation

Andrew E. Taslitz, Exorcising Langdell's Ghost: Structuring a Criminal Procedure Casebook for How Lawyers Really Think, 43 Hastings L.J. 143 (1991).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol43/iss1/3