Document Type
Essay
Publication Title
Northern Illinois University Law Review
Publication Date
2023
Volume
43
First Page
280
Abstract
(Excerpt)
Legal research is not a separate and distinct endeavor from legal analysis and advocacy. These activities are inextricably intertwined in the practice of law. Few would suggest that advocacy includes the process of applying rules to situations in a vacuum without reference to context and consequences. Yet we often see this assumption about the legal research process. Many students presume that conducting legal research is a neutral endeavor, and that when done properly, it delivers the universe of relevant authorities to the researcher. This essay is about my experience integrating critical perspectives into an existing advanced legal research course to contextualize and critique both legal information and legal research tools and methods. It is a recounting of my efforts to help students see beyond the idea that legal information is objective content, and that research tools and methods are neutral and unbiased. I want my students to learn about the sources of legal information and to practice methods for accessing useful authorities. I also want them to explore the power relationships infused in both the information itself and in the consequences of its application. I believe that the process of grappling with these issues will make my students more thoughtful and intentional about the way they analyze legal information and can potentially transform their advocacy. This is by no means a blueprint for such an undertaking. Instead, I offer this as one way in which an advanced legal research course can be reimagined to retain the essential lessons of traditional courses, while infusing those methods, strategies, and skills with critical perspectives that can change the way students think about and conduct legal research.
When I accepted the invitation to participate in a panel on this topic at the American Association of Law Libraries Annual Meeting in 2022, I was more excited to hear from my co-presenters than to present my own ideas. Both my comments on the panel and my reflections in this essay draw in part from the context provided by my colleague, Nicholas Mignanelli. His article, Notes from a New Legal Research Pedagogy, published in this symposium issue, recounts the history of the current model for legal research instruction in most American law schools. He challenges that model, proposing instead a pedagogy informed by critical legal theory, infused with critical information literacy, and balanced to include both time-honored approaches to legal research as well as critical legal research. I also draw from his earlier work, Critical Legal Research: Who Needs It?, and the theoretical foundations he explores in that piece. The methods I discuss in this piece are an outgrowth of that scholarly exploration and of the many other voices in this space; my own pedagogical exploration is best understood and applied with reference to theirs. Both the presentation and this Essay have provided an extraordinary opportunity to reflect on and share what I have learned about integrating critical perspectives into legal research instruction, to learn from my colleagues’ experiences, and to invite others into the exploration and conversation.
Comments
Available at: https://huskiecommons.lib.niu.edu/niulr/vol43/iss3/4/