In a digital age where the discourse on educational methods can quickly go viral, a heated debate has ignited in law academia. The focus of contention? The use of “cold calls” by law professors. This practice, which involves randomly calling on students in class rather than waiting for volunteers, is now at the forefront of discussion, thanks to a prominent conservative attorney’s social media post critiquing an opt-in approach adopted in a Yale Law School course.
Attorney Adam Mortara’s Twitter Outcry
On a recent Sunday, Adam Mortara, the lead trial lawyer for Students for Fair Admissions (SFFA) in the landmark SFFA v. Harvard case, took to X (formerly Twitter) to express his dismay. Mortara’s post garnered over a million views and generated hundreds of comments. He exclaimed, “The idea of a law school class where students could opt out of being called on! Judges don’t let you put up the red light when you don’t want to answer.”
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The Socratic Method: A Time-Honored Technique Under Scrutiny
The debate revolves around the Socratic Method, an instructional technique that includes cold calling and has been employed in legal education since 1870. Proponents argue that the prospect of being called upon at any moment encourages students to stay engaged with their readings and hones their ability to think on their feet. However, critics contend that cold calling induces unnecessary anxiety among students and is outdated.
Yale Law School’s Stance
Yale Law School has no formal policy prohibiting cold calling in the classroom. Faculty members can choose their preferred discussion formats, and many instructors, including the dean, opt for cold calling as their preferred method.
Lessons from Failure and the Mental Health Debate
Recounting his own law school experience, Mortara cited a botched response to a cold call as one of his favorite interactions. He believes such failures teach students resilience and the ability to bounce back from challenges. However, the Socratic Method has faced increased scrutiny over the past decade as law schools prioritize student mental health. A 2021 study found that cold calling and grading curves increase unhappiness among first-year law students. Concurrently, a separate survey highlighted high levels of anxiety and depression among law students.
Diverse Approaches in Legal Education
In response to these concerns, some professors now employ a middle-of-the-road approach, allowing students to opt out of cold calls several times or during specific topics. Others, however, eschew cold calling altogether. George Washington law lecturer Randall Eliason expressed his perspective, stating, “I’ve never understood the claim that anxiety and fear of being humiliated are good pedagogical tools.”
The debate surrounding cold calls in legal education remains fervent, reflecting the evolving landscape of teaching methods in the pursuit of academic excellence and student well-being.
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