While cognitive learning science has penetrated legal education, another dominant area of learning theory remains largely unknown to legal educators: Situated Learning Theory (SLT). The central premise of SLT is that learning is not merely knowledge acquisition—it is the movement towards fuller, authentic participation in a community of practice. SLT is especially useful in designing inclusive clinical education for learning of procedure.
Procedural rules shape litigation and litigation outcomes in critical ways, but students often find procedure unstimulating in a classroom environment. Situating learning of procedure in clinical learning environments gives life to procedural rules. Students do not merely engage in knowledge acquisition, they engage with the tools, discourse, norms, and expectations of litigators and courts. From an SLT perspective, authentic participation in clinical learning opportunities is not just more effective than classroom learning—it is learning itself.
In one case, students became frustrated with a court taking a long time to rule. A research project led to various ideas for requesting a ruling, but none proved effective until students discovered extraordinary writs and drafted a mandamus petition. Procedure came to life as high-stakes participation in complex problem-solving.