Practicing while Teaching

Douglas Berman had a neat post the other day at Sentencing Law & Policy about an appeal he’s handling before the Eleventh Circuit Court of Appeals. In the post Berman commented, “I suppose I am ... taking to heart Neal Katyal's terrifically interesting Harvard Law Review comment encouraging the legal academy to go practice.”

Professor Berman’s comment resonated with me, as I just picked up my first Ninth Circuit appeal as a CJA attorney. I couldn’t be more excited. I practiced criminal law as a public defender for eleven years prior to teaching, and I promised myself that I would not go too long without a client and case for which I was fully responsible. And after two years of teaching, I was feeling a little isolated from the practice that motivated me to teach and write about criminal law in the first place. Thankfully, my Dean and faculty colleagues seem very supportive, so long as I balance my responsibilities appropriately.

The undertaking has me considering some questions, though. I recall that as a law student I really appreciated when professors were willing to venture outside of the ivory tower and get their hands dirty. But, does the tremendous commitment of real-world practice ultimately compliment or distract from the primary work of a law professor? Especially a junior, pre-tenure professor? Does the answer depend on the professor's areas of teaching and scholarship? And, is the answer affected by the claim that "doctrinalism is dead?"