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USC POSC 130g - Law Schools

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Slide 1Legal EducationModelsEarly law schoolsHarvard Law SchoolBasic conceptual divisionsExamsCriticismsMore criticismsCriticismsInnovationsWhat Should be Added?Law SchoolsSocialization of lawyersLegal Education•Socialization of lawyers•Centrality of Law Schools as Path to Power•Upgrading legal professionModels•Legal apprenticeships versus three year graduate programs•Reflects conflict over practical versus theoretical studies•Law as liberal arts versus law as separate fieldEarly law schools•Litchfield Law School – path to power•Princeton Law School – one decade only•Columbia School of Jurisprudence•Harvard Law School – sets the standardHarvard Law School•Dean Christopher Columbus Langdell•Various reforms - 3 years for postgrad. degree•Established 1st and 2nd year curricula•Case Method and Socratic method•Promoted new type of instructor, e.g., AmesBasic conceptual divisions•Criminal versus civil•Public versus private law•Courses in first year – contracts, torts, civil procedure, criminal law, constitutional law, legal writing and research, moot courtExams•Grade based on final•Tests comprised of “issue spotting” questions – issue, ruling, analysis, conclusion•Papers instead in 2nd and 3rd year courses•Importance of study groups and outlines for preparationCriticisms•Emphasis on recruitment interferes with studies•Case method is narrow, uncreative, and constraining•Case books are ahistorical in approach•Pedagogy as mind control•“Hot case” as illustrationMore criticisms•Socratic method – intimidating, confusing, even sadistic•Lack of theory•Lack of clinical training•Lack of social science•Interdisciplinary programs: Berkeley, Wisconsin, and YaleCriticisms•Discrimination•No access - John Mercer Langston, Arabella Mansfield •Portia Law School (Merchant of Venice)•Howard Law School•Inadequate attention to public interest law•Student loans influence career choices•Emphasis on corporate law•Lack of social responsibilityInnovations•International law as required 1st year subject – Harvard, Michigan, Florida A & M•Reduce law school to two years•Make law an undergraduate degree•Require pro bono service for students and practicing attorneys•Paid year of leave before joining firmsWhat Should be Added?•How to draft a new law•“Cultural competency”•International law•Social science•Trial


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USC POSC 130g - Law Schools

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