Document Type


Publication Title

Journal of Legal Education

Publication Date

Summer 2016


This article serves both to frame The Pedagogy of Procedure symposium it introduces and to itself explore the importance of metacognition and learning about learning to legal education and lawyering. The authors begin by suggesting why Civil Procedure doctrine is so challenging to teach and learn, noting how the symposium pieces help to tackle those challenges. They then join the growing number of law professors who advocate that learning how to learn deserves greater attention in the law school curriculum, suggesting that law schools should do more to demonstrate respect for the process of learning as an end in itself. They especially extol and explain the use of metacognitive strategies to help students develop greater self-sufficiency and proficiency in confronting learning challenges of any kind, Civil Procedure or otherwise. They highlight metacognition because of its importance to self-regulated learning and its benefits for professional development. To do so, they draw upon the literature in this area, from law faculty and from faculty in other disciplines, to create a helpful mini-primer-plus for use in Civil Procedure and other doctrinal courses. They close with suggestions for how law schools can show more institutional respect for learning as a subject worthy of independent attention.



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