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The Illusion Of Creative Scholarship In American Universities And Law Schools, David Barnhizer Jan 2010

The Illusion Of Creative Scholarship In American Universities And Law Schools, David Barnhizer

David Barnhizer

The aim of this brief essay is to explore several of the dominant forms of scholarship in the university and in law schools. This is done by examining what are described as five sometimes incompatible ideals, those of development and pursuit of original knowledge for its own sake, preservation, refinement and transmission of the best forms of knowledge, objective social critique, individual activism and collective activism. Tenure track positions in American universities and in law schools particularly are comfortable sinecures. In far too many instances these privileged and lifetime positions serve mainly the personal interests and agendas of the purported …


Redesigning The American Law School, David Barnhizer Jan 2010

Redesigning The American Law School, David Barnhizer

David Barnhizer

In other industries when there is a decline or severe curtailment of the demand for their product we see companies downsizing, layoffs and even bankruptcies. American law schools have to this point been able to operate largely without any required adaptation to the economic realities of demand for their product. The problem is created by the fact that law schools are part of a rigid and intractable business system in the same way that the large firms and solo practitioners are driven by their need for money. The economic downturn is not a simple cycle but a transformation. Law schools …