Every summer, some non-insignificant subset of us decides that it is time to change casebooks. Our reasons for doing so vary, but most of us choose to make a change because we believe the book we have chosen does not adequately support our teaching goals and methods. Others of us are teaching a new course for the first time and need to pick a book. In this post, I suggest a systematic approach to choosing course materials, including a casebook. At the end of this blog post, I have included a series of questions you can ask yourself about each book you are considering.
Identify your course outcomes first.
If you have not done so, this starting point allows you to achieve two Summer 2026 goals in one effort. As most of you probably know, new subsections 302(b) and 302(c) of the ABA Standards require that all offerings of each course adopt a common set of learning outcomes, and Standard 315, in addition to assessing our programmatic learning outcomes, now requires us to assess those common course-level outcomes. We are expected to include the outcomes in our Fall 2026 syllabi and therefore need to draft those common outcomes and reach agreements on them with our colleagues who also teach our subjects. Thus, we all will be revisiting our course outcomes this summer, but, if you are looking to change textbooks, you will get an extra benefit.
An ideal book would include learning outcomes (presumably in the teacher’s manual), and, ideally, class session-by-class-session learning objectives.
Another important factor in terms of outcomes is the NextGen Bar Exam. The increased focus on practice-focused questions and movement away from traditional law school essay questions will require most of us to change our outcomes, assessments, and teaching. In a prior post, I suggested some ideas for integrating NextGen-Bar-savvy learning experiences in Contracts and Civil Procedure. A NextGen bar-focused book might include more lawyering exercises, e.g., draft a demand for adequate assurances.
Heavily weigh your teaching philosophy.
Your teaching philosophy should also play a significant role in your book selection process. For example, I strive to provide students with as many opportunities for practice and feedback as possible and with a wide variety of different types of active learning experiences. Moreover, for me, a text cannot have too many problems. For me, a core outcome is helping my students to become expert, self-regulated, lifelong learners; I therefore also appreciate a text that engages students in trying out learning strategies and reflecting on their learning process.
In addition, a text with a great teacher’s manual that includes detailed lesson plans with built-in active learning exercises and a robust bank of practice questions can assist me in implementing my philosophy. Because I believe in the value of visuals as a teaching tool, slide decks for each of the class sessions are also of great assistance to me in implementing my teaching philosophy. I end up changing the lesson plans, slides, and practice questions every year, but I am grateful for a strong starting point.
Finally, I appreciate a teacher’s manual that has an extensive set of past exams from which I can draw for practice exams and inspiration. I find this assistance especially valuable the first time I am teaching a course. Like many law teachers, my early exams were far too long and detailed for the time allotted. Past exams drafted by an experienced teacher of the subject would have helped me curb my inclination to pile on issues and facts.
Consider case and statute selections and ordering of topics.
When I was a newer law teacher, I focused my book selections by considering case selections and ordering of topics. For example, I did not like the idea of starting with remedies in Contracts and rejected books that did so. I now regard the idea of eliminating books solely based on order of topics as unwise for at least two reasons. First, I now know that I can teach a book out of its intended order with little consequence. Second, I now value a book that supports my objectives and teaching philosophy more than I value the use of cases I love. Of course, if I really love a case, I can added it as a supplemental reading or converted it to a fact-rich hypothetical I can ask in class. I also have come to love teaching, on occasion, a case that is incompletely or poorly analyzed by a court. I love asking students to grade the court’s analysis and to provide a more robust one.
Remember: you can (and probably should) supplement your casebooks
As noted above, I sometimes supplement with cases the casebook author left out. The most common way I supplement my casebooks, however, is with current news stories, recent cases, and hypotheticals that use characters from current movies and shows. There is good evidence that students engage more when they see the modern applications of what they are learning and when they can imagine real people in the cases and hypotheticals we use. When I teach a first-year course like Contracts, I also provide other handouts, such as flowcharts and model answers to hypotheticals. In short, keep in mind that, while you are choosing a textbook, you are free and wise to use other course materials.
Reach out to the author(s).
My last piece of advice is to reach out to one or more of the authors. Many authors are honored that you are considering adopting their books and are glad to support you. Even if their teacher’s manual does not include past exams or slides or syllabi, they may be willing to provide those things. Some may even be willing to review drafts of your first exams as a teacher of the course.
10-Question Book Evaluation Checklist
Support for learning outcomes
- Do the book and teacher’s manual support my learning outcomes? (Ideally, the teacher’s manual will provide suggested learning outcomes.)
- Will the book help me adapt my teaching and assessment to prepare my students for the NextGen Bar Exam?
Support of teaching philosophy
- Do the book and teacher’s manual support a variety of teaching and learning methods?
- Does the book include plenty of problems?
- Will the book and teacher’s manual allow me to implement robust opportunities for practice and feedback?
- Do the book and teacher’s manual include visuals in the text and any provided slides?
Case and statute selection and ordering
- Do I agree with most of the case and statute selections?
- Are the chapters organized in a way that will support my students’ learning or might I be willing to assign them out of order?
Other course materials
- How will I supplement the book with other course materials?
Direct support from author(s)
- Is/are the authors willing to provide additional support?
I hope your pursuit of a new text goes well. Sometimes, you come to realize that none of the books out there fit your needs. If so, you should consider writing your own! Please reach out to me, and I will share some suggestions for successfully proposing a new text to a publisher.
