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Full-Text Articles in Law
Will Legal Education Change Post-2020?, Heather K. Gerken
Will Legal Education Change Post-2020?, Heather K. Gerken
Michigan Law Review
The famed book review issue of the Michigan Law Review feels like a reminder of better days. As this issue goes to print, a shocking 554,103 people have died of COVID-19 in the United States alone, the country seems to have begun a long-overdue national reckoning on race, climate change and economic inequality continue to ravage the country, and our Capitol was stormed by insurrectionists with the encouragement of the president of the United States. In the usual year, a scholar would happily pick up this volume and delight in its contents. This year, one marvels at the scholars who …
Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee
Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee
Michigan Law Review
Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two decades have passed, so where do we stand? This Note’s quantitative analysis of the matriculation of and degrees awarded to Black and Latinx students at twenty-nine accredited law schools across the United States illuminates a stark lack of …
Letting Go Of Old Ideas, William D. Henderson
Letting Go Of Old Ideas, William D. Henderson
Michigan Law Review
Two recently published books make the claim that the legal profession has changed (Steven Harper’s The Lawyer Bubble: A Profession in Crisis) or is changing (Richard Susskind’s Tomorrow’s Lawyers: An Introduction to Your Future). The books are interesting because they discuss the types of changes that are broad, sweeping, and dramatic. In suitable lawyer fashion, both books are unfailingly analytical. They both also argue that the old order is collapsing. The Lawyer Bubble is backward looking and laments the legacy we have squandered, while Tomorrow’s Lawyers is future oriented and offers fairly specific prescriptive advice, particularly to those lawyers entering …
What Ails The Law Schools?, Paul Horwitz
What Ails The Law Schools?, Paul Horwitz
Michigan Law Review
In January 2012, law professors from across the country arrived in Washington, D.C., for the annual conference of the Association of American Law Schools ("AALS"). It was an opportune moment. The legal economy was struggling. Graduates were begging for jobs and struggling with unprecedented levels of debt. The smart talk from the experts was that the legal economy was undergoing a fundamental restructuring. For these and other reasons, law schools were under fire, from both inside and outside of the academy. Judges - including the keynote speaker at the AALS conference himself! - derided legal scholarship as useless. Law school …
Reflections (On Law Review, Legal Education, Law Practice, And My Alma Mater), Harry T. Edwards
Reflections (On Law Review, Legal Education, Law Practice, And My Alma Mater), Harry T. Edwards
Michigan Law Review
It is an honor for me to offer some reflections in commemoration of the 100th anniversary of the Michigan Law Review. I have many fond memories of my time at the University of Michigan Law School, both as a law student and a member of the faculty. I was therefore pleased to accept the assignment to present the keynote address at the Centennial Celebration banquet. It is hard for me to believe that it has been almost 40 years since I was invited to serve on the Michigan Law Review. I remember it like it was yesterday, for it was …
The Case For (And Against) Harvard, Robert W. Gordon
The Case For (And Against) Harvard, Robert W. Gordon
Michigan Law Review
A Review of Logic and Experience: The Origin of Modern American Legal Education by William P. LaPiana
Law School: A Survivor's Guide, Benjamin C. Bair
Law School: A Survivor's Guide, Benjamin C. Bair
Michigan Law Review
A Review of Law School: A Survivor's Guide by James D. Gordon III
The Mind In The Major American Law School, Lee C. Bollinger
The Mind In The Major American Law School, Lee C. Bollinger
Michigan Law Review
Legal scholarship is significantly, even qualitatively, different from what it was some two or three decades ago. As with any major change in intellectual thought, this one is composed of several strands. The inclusion in the legal academic community of women and minorities has produced, not surprisingly, a distinctive and at times quite critical body of thought and writing. The emergence of the school of thought known as critical legal studies has renewed and extended the legal realist critique of law of the first half of the century. But more than anything else it is the interdisciplinary movement in legal …
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
Michigan Law Review
The editors have asked me to comment on Judge Edwards' double-barreled blast at legal education and the practice of law. This I am happy to do. It is an important article, stating with refreshing bluntness concerns that are widely felt but have never I think been so forcefully, so arrestingly expressed. Nevertheless I have deep disagreements with it.
Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds
Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds
Michigan Law Review
Judge Edwards divides his analysis of the cause of the crisis in ethical lawyering into an overview and three parts. The overview and first two parts deal mainly with the role of law schools and legal curriculum in what he views as the deterioration of responsible, capable practitioners. This article takes issue with some of the assumptions, analyses, and conclusions those sections contain. The third part of Edwards' article analyzes the role of law firms in causing that same deterioration. This article agrees with and will elaborate upon that part of Edwards' treatment.
We approach Judge Edwards' article, we hope, …
The Growing Disjunction Between Legal Education And The Legal Profession, Harry T. Edwards
The Growing Disjunction Between Legal Education And The Legal Profession, Harry T. Edwards
Michigan Law Review
This article is my response to Professor Priest and all other legal academicians who disdain law teaching as an endeavor in pursuit of professional education. My view is that if law schools continue to stray from their principal mission of professional scholarship and training, the disjunction between legal education and the legal profession will grow and society will be the worse for it. My arguments are quite straightforward, and probably not wholly original. Nevertheless, they surely merit repetition.
Persuasion, Joseph William Singer
Persuasion, Joseph William Singer
Michigan Law Review
Lawyers spend a lot of time attempting to persuade other people. They persuade judges to promulgate rules of law that favor their clients. They persuade their law partners to adopt their interpretation of existing law or to adopt their strategy for litigation. They persuade clients to accept the dictates of the law. They persuade adversaries in settlement negotiations and their clients' business associates in contract negotiations. They persuade legislatures to fund legal services for the poor, to adopt or to reject law reforms.
Law professors spend most of their time teaching - or at least practicing - the art of …
Contracts Scholarship In The Age Of Anthology, E. Allan Farnsworth
Contracts Scholarship In The Age Of Anthology, E. Allan Farnsworth
Michigan Law Review
In the first part of this article, I trace the history of the Age. I observe that for nearly forty years, from 1881 to the time of World War I, there was a significant decline in contracts scholarship and conclude that the principal explanation for these lean years lies in the shift in scholars' focus from an audience of practitioners to one of students that resulted from the introduction of the case method. In the second part of the article, I look at the way in which the anthologists wielded the considerable influence that each had when only a few …
All The Right Moves, Charles A. Reich
All The Right Moves, Charles A. Reich
Michigan Law Review
A Review of Tactics of Legal Reasoning by Pierre Schlag and David Skover
Intergenerationalism And Constitutional Law, Ira C. Lupu
Intergenerationalism And Constitutional Law, Ira C. Lupu
Michigan Law Review
A Review of Constitutional Law by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein and Mark V. Tushnet and Constitutional Law: Cases -- Comments -- Questions by William B. Lockhart, Yale Kamisar, Jesse H. Choper, and Steven H. Shiffrin
The Costs Of Complexity, Stephen B. Burbank
The Costs Of Complexity, Stephen B. Burbank
Michigan Law Review
A Review of Complex Litigation: Cases and Materials on Advanced Civil Procedure by Richard L. Marcus and Edward F. Sherman
A New List Of Recommended Reading For Prospective Law Students, Michigan Law Review
A New List Of Recommended Reading For Prospective Law Students, Michigan Law Review
Michigan Law Review
A List Compiled from the Recommendations of the Faculty of the Michigan Law School
Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman
Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman
Michigan Law Review
A Review of Law School: Legal Education in America From the 1850s to the 1980s by Robert Stevens
The American Law School & The Rise Of Administrative Government, Michigan Law Review
The American Law School & The Rise Of Administrative Government, Michigan Law Review
Michigan Law Review
A Review of The American Law School & The Rise of Administrative Government by William C. Chase
Book Review, Paul D. Carrington
Book Review, Paul D. Carrington
Michigan Law Review
A Review of Law, Intellect, and Education by Francis A. Allen
Change And Continuity In Legal Education, Roger C. Cramton
Change And Continuity In Legal Education, Roger C. Cramton
Michigan Law Review
Within this maelstrom of accelerating change, the American law school remains, by comparison, an island of stability. Change there has been; one of the purposes of this piece is to chronicle some major recent changes. But in broad outline the structure, method, and content of American legal education has remained remarkably untouched. Whether this demonstrates that American legal education is remarkably flexible in its adaptation to a changing legal environment or that it is irrelevant to social change, I leave to the reader.
Negative Attitudes Of Law Students: A Replication Of The Alienation And Dissatisfaction Factors, Paul D. Carrington, James J. Conley
Negative Attitudes Of Law Students: A Replication Of The Alienation And Dissatisfaction Factors, Paul D. Carrington, James J. Conley
Michigan Law Review
In 1976 we conducted a survey of law students at The University of Michigan. Demographic information; personal goals and values; and attitudes toward the law school, the faculty, and fellow students were surveyed. We factor-analyzed the items relating to attitudes, personal goals, and values. Three major factors were identified and labeled as alienation, dissatisfaction, and sociability. We have recently described the alienation factor extensively and outlined the dissatisfaction and sociability factors. In March 1977, we conducted a second survey designed to replicate the earlier study. Despite the addition of a few new items, the questionnaire was essentially unchanged. The new …
The Alienation Of Law Students, Paul D. Carrington, James J. Conley
The Alienation Of Law Students, Paul D. Carrington, James J. Conley
Michigan Law Review
Not many years ago, as much as one-fifth of a first-year class at The University of Michigan Law School did not return for the second year. It was a cause of regret that so much waste and frustration was associated with this non-event. Whether students failed or voluntarily withdrew, their time, money, and opportunity were lost.
Legal Aid Clinics In Less Thickly Populated Communities, John S. Bradway
Legal Aid Clinics In Less Thickly Populated Communities, John S. Bradway
Michigan Law Review
Legal aid work, whether performed by independent societies, or by clinics connected with law schools, has ceased to be a novelty in large cities, especially in the northeastern and extreme western parts of the United States. When one comes to examine the progress of this charitable aspect of law practice in less thickly settled communities, a definite orientation is necessary. There is little literature dealing either with the need in rural sections and the smaller cities for definite organizations or the question as to whether there is enough clinical material to make possible a law school course in this field. …