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Andrew Yaphe

2011

Legal History

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"Reputation, Reputation, Reputation": Fred Rodell, Felix Frankfurter, And The Reproduction Of Hierarchy In The Unlikeliest Of Places, Andrew Yaphe Feb 2011

"Reputation, Reputation, Reputation": Fred Rodell, Felix Frankfurter, And The Reproduction Of Hierarchy In The Unlikeliest Of Places, Andrew Yaphe

Andrew Yaphe

If he is remembered at all, Fred Rodell is thought of as a marginal legal realist who spent his time irreverently mocking legal academia and the legal profession. Save for the “marginal” part, this description would be accepted even by Rodell’s admirers. But, as this Article shows, there is more to Rodell than witticisms. Rodell’s humor conceals a radical critique of elite legal education that prefigures the better-known critique put forth decades later by Duncan Kennedy. For Rodell, the institutions of elite legal education work to inculcate careerism and servility. And, for Rodell, the prime exemplar of the baleful influence …