Thursday, October 03, 2013
Casey on Law School
Via Brian Leiter, here is a speech by Chicago Law's Anthony Casey addressing incoming law students. I agree with Brian that it's an excellent and thought-provoking speech, and rather than excerpt it I will simply encourage you to read the whole thing. It did leave me with a few questions and observations:
1) Casey writes: "People quite ignorant of what a good lawyer does will tell you that law school should be shorter, that law school should teach students how to pass the bar, that law students learn too much theory." Although I agree with his disagreement, I don't think his talk tells us how long law school should be, whether the combination of undergraduate education and law school could or should be restructured, and other details.
2) Law professors reading this as a general defense of the status quo would be mistaken. Even if Casey is right about the intellectual features that he thinks should be a part of legal education, that doesn't mean we always (or generally) succeed in providing them, or doing them well. If you agree with Casey's general vision of legal education, you ought to view it as a demanding standard and ask how well you are (I am) meeting it, rather than just standing pat on it.
3) I wonder how and whether Casey's vision comports with something Mark Tushnet writes in his (most) recent book, In the Balance: Law and Politics on the Roberts Court. I don't have the full quote here (it's on page 98), but Tushnet writes from experience, and not in a critical way, that "lawyers learn different--other--things in less elite schools." That is consistent with my experience at a variety of law schools as well. It often makes sense, although there is emphatically room to think that lawyers at elite law schools ought to learn more immediately practical things, and that lawyers at "less elite schools" sometimes ought to get more of the kind of instruction Casey is talking about. (I'm sure both happen sometimes.) I don't have a straight answer here, and I think the kinds of things Casey is talking about are a valuable component of a professional (or maybe a liberal) education, but one must note that his experience is more narrow than the experience of some teachers, and think about how to adapt the kinds of things he is talking about to different contexts.
One doesn't have to accept every line of Casey's talk to find it interesting and thought-provoking, however, and it is beautifully written to boot.
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