Teaching Active Reading
by
Sheila Simon

To be able to understand law, students must first be good legal readers. For a teacher to understand how the student is reading, the student's case brief is a good place to start.

My colleagues and I at Southern Illinois University School of Law spent our first two class sessions in the fall discussing briefs that the students turned in for our Lawyering Skills class. We wanted to make sure our students were reading carefully and accurately. One of my colleagues, Melissa Shafer, referred us to an article by Laurel Currie Oates about successful reading strategies of lawyers and law students,Beating the Odds: Reading Strategies of Law Students Admitted Through Alternative Admissions Programs, 83 IOWA L.REV. 139 (1997). Melissa summarized it for us and noted that the successful readers were actively involved with the text. Sue Liemer, the director of our program, incorporated the discussion of active reading into our lesson plans.

I looked at my list of questions for the students. I would encourage them to ask themselves what court decided the case, in what year the case was decided, who sued whom, how much money was involved, what grudges were involved, whether the holding could be predicted, and what words signaled important parts of the case. Finally, I would ask the students to create a mental picture of the case. I imagined a moment of silence when the students would create that mental image -- but that seemed more like Lamaze class than legal writing -- so I found a better way.

I asked my class to cast the movie of the case! Our case included a pair of inept buyers who agreed to purchase a tavern with a sagging, stained ceiling. The sellers discouraged -- but did not prevent inspection -- and a plumber finally discovered roof problems. The students eagerly took up the task of casting the movie of Smith v. Ethell, 494 N.E.2d 864 (Ill.App.4th Dist. 1986). It was agreed that Gene Hackman could play any role in the movie. Suggestions for the pair of buyers included Meg Ryan and Woody Harrelson, and Laurel and Hardy. Suggestions for the sellers included Marlon Brando, with a note as to what girth would be appropriate, and the characters Edith and Archie Bunker from the television show "All in the Family." The plumber who saves the day for the unsuspecting buyers was to be played by either John Goodman or George Wendt, known better as Norm from the television show "Cheers."

We had all that fun casting just the factual drama. In a case with complicated procedural issues we could cast the lawyers and judges for the law office and courtroom scenes as well. And why not take it further? At the end of the semester we could vote on and present Academy Awards for best plaintiff, best supporting lawyer, and best-written opinion. (I hope my sequined gown will be back from the cleaner in time!)

As the year moves on the students will see the value of reading like a lawyer, noting the court, the date, and important signals in the case. They will develop their abilities to synthesize while reading. But I am positive that after our casting session, in the second week of law school, they have mastered one way to be an active reader -- visualizing a case.