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This well-known 'underground' classic critique of legal education is available for the first time in book form. This edition contains commentary by leading legal educations.
Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.
“An essential title for anyone thinking of law school or concerned with America's dysfunctional legal system.” —Library Journal On the surface, law schools today are thriving. Enrollments are on the rise and law professors are among the highest paid. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession. Addressing all these problems and more is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades. Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha provides the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them. “Failing Law Schools presents a comprehensive case for the negative side of the legal education debate and I am sure that many legal academics and every law school dean will be talking about it.” —Stanley Fish, Florida International University College of Law
The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
For more than fifty years, scholars have documented and critiqued the marginalizing effects of the Socratic teaching techniques that dominate law school classrooms. In spite of this, law school budgets, staffing models, and course requirements still center Socratic classrooms as the curricular core of legal education. In this clear-eyed book, law professor Jamie R. Abrams catalogs both the harms of the Socratic method and the deteriorating well-being of modern law students and lawyers, concluding that there is nothing to lose and so much to gain by reimagining Socratic teaching. Recognizing that these traditional classrooms are still necessary sites to fortify and catalyze other innovations and values in legal education, Inclusive Socratic Teaching provides concrete tips and strategies to dismantle the autocratic power and inequality that so often characterize these classrooms. A galvanizing call to action, this hands-on guide equips educators and administrators with an inclusive teaching model that reframes the Socratic classroom around teaching techniques that are student centered, skills centered, client centered, and community centered.
This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.
An invaluable and fascinating resource, this carefully edited anthology presents recent writings by leading legal historians, many commissioned for this book, along with a wealth of related primary sources by John Adams, James Barr Ames, Thomas Jefferson, Christopher C. Langdell, Karl N. Llewellyn, Roscoe Pound, Tapping Reeve, Theodore Roosevelt, Joseph Story, John Henry Wigmore and other distinguished contributors to American law. It is divided into nine sections: Teaching Books and Methods in the Lecture Hall, Examinations and Evaluations, Skills Courses, Students, Faculty, Scholarship, Deans and Administration, Accreditation and Association, and Technology and the Future. Contributors to this volume include Morris Cohen, Daniel R. Coquillette, Michael Hoeflich, John H. Langbein, William P. LaPiana and Fred R. Shapiro. Steve Sheppard is the William Enfield Professor of Law, University of Arkansas School of Law.
Using extensive and novel new research, this book explores one of the long-standing challenges in legal education - the prospects for bringing legal theory into the training of future lawyers.
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.
Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the biopolitical orders engaged in legal education, including: understanding the lawyer as a commodity, unpicking the force relations in legal education, examining the ways codes of conduct in higher education impact academic freedom, as well as putting the distinctly Western structures of legal learning within a wider context. Assembling original, field-defining essays by both leading international scholars and emerging researchers, it constitutes an indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.