The Legal Education - Law Commission of India

939.10 Prof. Myron Moskovitz of the Golden Gate University hasextensively dealt with the ‘problem method’ in his article “Beyond theCase Method: It’s Time to Teach with Problems” [See (1992) Vol. 42Journal of Legal Education, p. 241).9.11 The American Association of Law Schools (AALS) in their 1942Report stated as follows:“The merit of the problem method is that it more effectively forcesthe law student to reflect on the application of pertinent materials tonew situations and accustoms him to thinking of case and statute lawas something to be used, rather than as something to be assimilatedfor its own sake.”A later AALS Report lists five virtues of the problem method: (1) itapproximates the lawyer’s approach to the law, (2) it affords training inplanning and advising, (3) it broadens the range of matters open to thestudents consideration, (4) it increases the effectiveness of instructionwhere case-law is inadequate (primarily where legislation is involved), and(5) it provides the stimulus to student interest. Prof. Myron Moskovitz inthe above article (at Page 249) has referred to a large volume a literature on‘problem method’. The author refers to a problem in criminal law wherethe Miranda Rule is involved and to the string of four cases of the USSupreme Court, each of the rulings referring to minor variations in the lawon the subject of Miranda warnings students must learn these aspects. Hesays (at p. 258) that ultimately the ‘problem method swallows up the case