Power, Legal Education, and Law School Cultures

Power, Legal Education, and Law School Cultures

Author: Meera Deo

Publisher: Routledge

Published: 2019-10-10

Total Pages: 225

ISBN-13: 0429533918

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There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory’s relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty.


Emotions in the Law School

Emotions in the Law School

Author: Emma Jones

Publisher: Routledge

Published: 2019-08-23

Total Pages: 241

ISBN-13: 1351370693

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Law schools are failing both their staff and students by requiring them to prize reason and rationality and to suppress or ignore emotions. Despite innovations in terms of both content and teaching techniques, there is little evidence that emotions are effectively acknowledged or utilised within legal education. Instead law schools are clinging to an out-dated and erroneous perception of emotions as at best, irrational, and at worst dangerous. In contrast to this, educational and scientific developments have demonstrated that emotions are a fundamental, inescapable part of learning, teaching and skills development. Harnessing these emotions will therefore have a transformative effect on legal education and enable it to adapt to the needs and demands of the twenty-first century. This book provides a theoretical overview of the role played by emotions in all aspects of the life of the law school. It explores the relationship emotions have with key traditional and contemporary approaches to legal education, the ways in which emotions can be conceptualised, their interaction with the politics and policies of legal education and their role within teaching and learning. The book also considers the importance of emotional wellbeing for both law students and legal academics Overall, this book argues for a more holistic form of legal education in which emotions play a valuable (and valued) role. This requires a new vision for law schools, in which emotions are acknowledged and embedded at all levels, institutional and personal.


Law Mart

Law Mart

Author: Riaz Tejani

Publisher: Stanford University Press

Published: 2017-07-18

Total Pages: 288

ISBN-13: 1503603024

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American law schools are in deep crisis. Enrollment is down, student loan debt is up, and the profession's supply of high-paying jobs is shrinking. Meanwhile, thousands of graduates remain underemployed while the legal needs of low-income communities go substantially unmet. Many blame overregulation and seek a "free" market to solve the problem, but this has already been tested. Seizing on a deregulatory policy shift at the American Bar Association, private equity financiers established the first for-profit law schools in the early 2000s with the stated mission to increase access to justice by "serving the underserved". Pursuing this mission at a feverish rate of growth, they offered the promise of professional upward mobility through high-tech, simplified teaching and learning. In Law Mart, a vivid ethnography of one such environment, Riaz Tejani argues that the rise of for-profit law schools shows the limits of a market-based solution to American access to justice. Building on theories in law, political economy, and moral anthropology, Tejani reveals how for-profit law schools marketed themselves directly to ethnoracial and socioeconomic "minority" communities, relaxed admission standards, increased diversity, shook up established curricula, and saw student success rates plummet. They contributed to a dramatic rise in U.S. law student debt burdens while charging premium tuition financed up-front through federal loans over time. If economic theories have so influenced legal scholarship, what happens when they come to shape law school transactions, governance, and oversight? For students promised professional citizenship by these institutions, is there a need for protections that better uphold institutional quality and sustainability? Offering an unprecedented glimpse of this landscape, Law Mart is a colorful foray into these essential questions.


Leading Works on the Legal Profession

Leading Works on the Legal Profession

Author: Daniel Newman

Publisher: Taylor & Francis

Published: 2023-07-28

Total Pages: 265

ISBN-13: 100091593X

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This collection provides an innovative and engaging way of assessing the development of legal profession scholarship and its potential future development by presenting an analysis of the ‘leading works’ of the discipline. The book was written by prominent and emerging international scholars in the field, with each contributor having been invited to select and analyse a work which has for them shed light on what the legal profession is and what it does. The chapters explore the effect that the chosen work has had upon legal profession scholarship as a whole, both within particular jurisdictions and internationally. Contributors also reflect upon the likely implications of the leading work on the future study of and application to the legal profession. They relate the works to recent and contemporary developments in law and access to justice, such as the rise of technology, impact of the Covid-19 pandemic, and issues of funding, to highlight the interpretative value of such scholarship. Presenting an overview and introduction to the field of legal profession research, the collection will be required reading for researchers looking to study any aspect of the legal profession. It will also prove compelling for a wide variety of access to justice and justice system research projects. The book will also appeal to scholars interested in legal ethics.


The Language of Law School

The Language of Law School

Author: Elizabeth Mertz

Publisher: Oxford University Press

Published: 2007-02-03

Total Pages: 327

ISBN-13: 0195346092

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In this linguistic study of law school education, Mertz shows how law professors employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead.


Vault Guide to Corporate Law Careers

Vault Guide to Corporate Law Careers

Author: Zahie El Kouri

Publisher: Vault Inc.

Published: 2003

Total Pages: 124

ISBN-13: 1581312229

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This Vault career guide provides law students and legal professionals with an inside look at careers in corporate law.


The Trouble with Lawyers

The Trouble with Lawyers

Author: Deborah L. Rhode

Publisher: Oxford University Press

Published: 2015-05-01

Total Pages: 245

ISBN-13: 0190217235

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By any measure, the law as a profession is in serious trouble. Americans' trust in lawyers is at a low, and many members of the profession wish they had chosen a different path. Law schools, with their endlessly rising tuitions, are churning out too many graduates for the jobs available. Yet despite the glut of lawyers, the United States ranks 67th (tied with Uganda) of 97 countries in access to justice and affordability of legal services. The upper echelons of the legal establishment remain heavily white and male. Most problematic of all, the professional organizations that could help remedy these concerns instead jealously protect their prerogatives, stifling necessary innovation and failing to hold practitioners accountable. Deborah Rhode's The Trouble with Lawyers is a comprehensive account of the challenges facing the American bar. She examines how the problems have affected (and originated within) law schools, firms, and governance institutions like bar associations; the impact on the justice system and access to lawyers for the poor; and the profession's underlying difficulties with diversity. She uncovers the structural problems, from the tyranny of law school rankings and billable hours to the lack of accountability and innovation built into legal governance-all of which do a disservice to lawyers, their clients, and the public. The Trouble with Lawyers is a clear call to fix a profession that has gone badly off the rails, and a source of innovative responses.


Educating Lawyers

Educating Lawyers

Author: William M. Sullivan

Publisher: John Wiley & Sons

Published: 2007-03-09

Total Pages: 245

ISBN-13: 078798261X

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The Challenge of Educating Lawyers "This volume, under the presidency of Lee Shulman, is intended primarily to foster appreciation for what legal education does at its best. We want to encourage more informed scholarship and imaginative dialogue about teaching and learning for the law at all organizational levels: in individual law schools, in the academic associations, in the profession itself. We also believe our findings will be of interest within the academy beyond the professional schools, as well as among that public concerned with higher education and the promotion of professional excellence." --From the Introduction "Educating Lawyers is no doubt the best work on the analysis and reform of legal education that I have ever read. There is a call for deep changes in the way law is taught, and I believe that it will be a landmark in the history of legal education." --Bryant G. Garth, dean and professor of law, Southwestern Law School and former director of the American Bar Foundation "Educating Lawyers succeeds admirably in describing the educational programs at virtually every American law school. The call for the integration of the three apprenticeships seems to me exactly what is needed to make legal education more 'professional,' to prepare law students better for the practice of law, and to address societal expectations of lawyers." --Stephen Wizner, dean of faculty, William O. Douglas Clinical Professor of Law, Yale Law School


The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System

Author: Benjamin H. Barton

Publisher: Cambridge University Press

Published: 2010-12-31

Total Pages: 313

ISBN-13: 1139495585

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Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.