Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-wq2xx Total loading time: 0 Render date: 2024-04-18T12:47:38.372Z Has data issue: false hasContentIssue false

3 - The Bifurcated Academy: The Practice versus the Study of Law

Published online by Cambridge University Press:  05 June 2014

Robin L. West
Affiliation:
Georgetown University Law Center
Get access

Summary

Law professors have long been chastised for loathing the professional practice of law. Unlike colleagues in other professional schools, members of the legal academy are neither required nor expected to maintain any connection with any aspect of professional practice. As a consequence, law professors do not generally have active practices on the side. For the most part, furthermore, law professors do not routinely consult, participate in major pieces of litigation as a matter of course, write amici briefs on important cases, or represent clients pro bono. Many are not active members of any bar association. Although law faculty are actively involved in leadership roles and as committee members in the AALS – the Association of American Law Schools – they do not typically participate in bar activities, or take an active role in American Bar Association leadership, other than ABA committees that are concerned with or involved in some way with the legal academy. Consequently law professors as a group and most law professors individually have almost no presence as lawyers in the profession’s life: its institutional life as constituted by the ABA or its day to day life, as constituted by the complex and varied activities of lawyers. The academy and the profession are two quite distinct institutions.

Type
Chapter
Information
Teaching Law
Justice, Politics, and the Demands of Professionalism
, pp. 131 - 173
Publisher: Cambridge University Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Edwards, Harry T., “The Growing Disjunction between Legal Education and the Legal Profession,” Michigan Law Review 91 (1992), 34–78Google Scholar
Frank, Jerome, “Why Not a Clinical-Lawyer School?,” University of Pennsylvania Law Review 81 (1933), 907Google Scholar
Frank, Jerome, “What Constitutes a Good Legal Education,” American Bar Association Journal 19 (1933), 723Google Scholar
Frank, Jerome, “A Plea for Lawyer Schools,” The Yale Law Journal 56 (1947), 1303Google Scholar
Kruse, Katherine R., “Getting Real about Realism, New Realism and Clinical Legal Education,” New York Law School Law Review 56 (2011), 295;Google Scholar
Ogilvy, J.P., “Guidelines with Commentary for the Evaluation of Externships,” Gonzaga Law Review 38 (2002), 155Google Scholar
Milstein, Elliot S., “Clinical Legal Education in the United States: In-House Clinics, Externships, and Simulations,” Journal of Legal Education 51 (2001), 375Google Scholar
Trubek, David M., “Back to the Future: The Short: Happy Life of the Law and Society Movement,” Florida State University Law Review 18 (1990), 1Google Scholar
Trubek, David M., “Max Weber’s Tragic Modernism and the Study of Law in Society,” Law and Society Review 20 (1986), 573Google Scholar
Trubek, David, Sarat, Austin, Felstiner, William L.F., Krtizer, Herbert M., and Grossman, Joel B., “The Costs of Ordinary Litigation,” UCLA Law Review 31 (1983), 72;Google Scholar
Kelman, Mark and Kelman, Mark, “Comment on Hoffman and Spitzer’s Experimental Law and Economics,” Columbia Law Review 85 (1985)Google Scholar
Spitzer, Matthew and Hoffman, Elizabeth, “A Reply to Consumption Theory, Production Theory, and Ideology in the Coase Theorem, Southern California Law Review 53 (1980)Google Scholar
Kelman, Mark, “Spitzer and Hoffman on Coase: A Brief Rejoinder,” Southern California Law Review 53 (1980)Google Scholar
Grey, Thomas C., “The Hermeneutics File,” Southern California Law Review 48 (1985), 211Google Scholar
Posner, Richard A., Economic Analysis of Law (8th ed.) (New York: Aspen Law 2011)
Posner, Richard A., Economics of Justice (Cambridge: Harvard University Press 1981)
Luban, David, “The War on Terrorism and the End of Human Rights,” Philosophy and Public Policy Quarterly 22 (2002), 9Google Scholar
Luban, David, “Liberalism and the Unpleasant Question of Torture,” Virginia Law Review 91 (2005), 1425Google Scholar
Luban, David, “Human Dignity, Humiliation, and Torture,” Kennedy Institute of Ethics Journal 19 (2009), 211Google Scholar
Luban, David, “Lawfare and Legal Ethics in Guantanamo,” Stanford Law Review 60 (2007), 1981Google Scholar
Luban, David, “The Torture Lawyers of Washington,” Legal Ethics and Human Dignity (2007), 162Google Scholar
Butler, Paul, Let’s Get Free: A Hip-Hop Theory of Justice (New York: The New Press 2010)
Butler, Paul, “Much Respect: toward a Hip-Hop Theory of Punishment,” Stanford Law Review 56 (2004)Google Scholar
Forman, James, Jr., “Community Policing and Youth as Assets,” Journal of Criminal Law and Criminology (1973-) 95 (2004), 1Google Scholar
Forman, James, Jr., “Why Care about Mass Incarceration?,” Michigan Law Review 108 (2010), 993;Google Scholar
Forman, James, Jr., “The Black Poor, Black Elites, and America’s Prisons,” Cardozo Law Review 32 (2010), 791Google Scholar
McLeod, Allegra M., “Decarceration Courts: Possibilities and Perils of a Shifting Criminal Law,” Georgetown Law Journal 100 (2012), 1587Google Scholar
McLeod, Allegra M., “Exporting US Criminal Justice,” Yale Law and Policy Review 29 (2011), 83Google Scholar
Nourse, Victoria F., “Rethinking Crime Legislation: History and Harshness,” Tulsa Law Review 39 (2003), 925Google Scholar
Nourse, Victoria F., “The Politics of Legislative Drafting: A Congressional Case Study,” New York University Law Review 77 (2002), 575–623Google Scholar
Shaviro, Daniel, “Beyond Public Choice and Public Interest: A Study of the Legislative Process as Illustrated by Tax Legislation in the 1980s,” University of Pennsylvania Law Review 139 (1990), 1–123Google Scholar
Hart, Henry M., Sacks, Albert M., Eskridge, William N., and Frickey, Philip P., The Legal Process: Basic Problems in the Making and Application of Law (New York: Foundation Press 2001)
Fuller, Lon, “The Forms and Limits of Adjudication,” Harvard Law Review 92 (1978), 353Google Scholar
Fuller, Lon, The Law in Quest of Itself (Boston: Beacon Press 1966)
Macaulay, Stuart, “Almost Everything That I Did Want to Know about Contract Litigation: A Comment on Galanter,” Wisconsin Law Review 2001 (2001), 629Google Scholar
Macaulay, Stuart, “Elegant Models, Empirical Pictures, and the Complexities of Contract,” Law & Society Review, 11 (1977), 507–528Google Scholar
Gordon, Robert W., “Macaulay, MacNeil, and the Discovery of Solidarity and Power in Contract Law,” Wisconsin Law Review 1985 (1985), 565Google Scholar
Gordon, Robert W., “Holmes’ Common Law as Legal and Social Science,” Hofstra Law Review 10 (1981), 719Google Scholar
Zeiler, Kathryn, “Turning from Damage Caps to Information Disclosure: An Alternative to Tort Reform,” Yale Journal of Healthy Policy, Law, and Ethics 5 (2005), 385Google Scholar
Menkel-Meadow, Carrie, “The Lawyer’s Role(s) in Deliberative Democracy,” Nevada Law Review 5 (2005), 347Google Scholar
Menkel-Meadow, Carrie, “Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress,” Law and Contemporary Problems 74 (2011), 1–30Google Scholar
Menkel-Meadow, Carrie, “Are There Systemic Ethics Issues in Dispute System Design? And What We Should [Not] Do About It: Lessons from International and Domestic Fronts,” Harvard Negotiation Law Review 14 (2009), 195–231.Google Scholar
Regan, Milton C., Jr., “Law Practice as Abstract Art,” Journal of Legal Education (forthcoming)
Regan, Milton C., Jr. & Heenan, Palmer T., “Supply Chains and Porous Boundaries: The Disaggregation of Legal Services,” Fordham Law Review 78 (2010), 2137–2191Google Scholar
Regan, Milton C., Jr., Bruce MacEwen and Larry Ribstein, “Law Firms, Ethics, and Equity Capital, Georgetown Journal of Legal Ethics, 21 (2008), 61–94Google Scholar
Rostain, Tanina, “Ethics Lost: Limitations of Current Approaches to Lawyer Regulation,” Southern California Law Review 71 (1997), 1273Google Scholar
Rostain, Tanina, “Sheltering Lawyers: The Organized Tax Bar and the Tax Shelter Industry,” Yale Journal on Regulation 23 (2006), 77Google Scholar
Henderson, William D., “The Globalization of the Legal Profession,” Indiana Journal of Global Legal Studies 14 (2007), 1–3Google Scholar
Henderson, William D. and Galanter, Marc, “The Elastic Tournament: The Second Transformation of the Big Law Firm,” Stanford Law Review 60 (2008)Google Scholar
Heise, Michael, “The Past Present and Future of Empirical Legal Scholarship: Judicial Decision Making and the New Empiricism,” University of Illinois Law Review 2002 (2002), 819Google Scholar
Korobkin, Russell B., “Empirical Scholarship in Contract Law: Possibilities and PitfallsUniversity of Illinois Law Review 2002 (2002), 1033–1066Google Scholar
Leiter, Brian, “Empirical Legal Studies and the Crisis of Capitalism,” Brian Leiter’s Law School Reports (January 19, 2009)Google Scholar
Unger, Roberto M., Passion: An Essay on Personality (New York: Simon & Schuster 1986)
Unger, Roberto M., “The Critical Legal Studies Movement,” Harvard Law Review 96 (1983): 561–675.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×