Yeah, but really, they need to do more than just ask questions. Asking the questions just reinforces the very notion that it -- what's fair, what's efficient, etc - is common sense. And it just ain't so.
Do you think it makes a difference if they use those questions to break down people's "common sense" reactions to a case with respect to, say, fairness?
It could, if the kids had anything to draw on. The problem is that you have all sorts mixed in -- engineers who've never read Aristotle, economists who wouldn't know a laffer curve if it fondled them, etc. It's no good just asking the question; you have to say, "look, there is something called 'sociology' which complicates the notion of duress; there's something called 'literature' which complicates the idea of narrative; there's something called 'behavioral economics' which complicates the idea of utility; there's something called 'psychology' and something else called 'psychoanalysis' which makes 'mens rea' a troublesome conflict. But they don't do that. Maybe they -- the people who teach -- don't feel confident in their own grasp of these things, or maybe they do and they just don't see their job as doing anything other than getting through the casebook with as little fuss as possible. I'd guess that it's the latter. Raise those issue, and you'd have to deal with legal ed in an entirely different way; none of this business of pretending that holdings can be reconciled in any systematic way (this is, I think, a mistake that all metatheories, including, ironically, CLS, make).
A better approach would be to treat very, very few cases and explore the decision-making process in each of them. Look at the trial transcript, including the procedural motions to include/exclude certain evidence, a biography of the appellate judge, the kinds of narrative strategies used at the appellate level, what happened to the plaintiff and defendant after the resolution of the case, etc -- and back this up with a plausible multidisciplinary approach. Law is violence, law schools should take the law seriously. Instead, what they do -- what they seem to be engineered to do -- is to encourage students to both treat it as trivial AND to respect it. You've got to admire that they pull it off so well, but it doesn't exactly advance the cause of justice.