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Carroll Lohse posted an update 3 years, 2 months ago
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I should also note that it takes four to six years from graduation for most graduates to quit thinking like a law student and to start thinking like a lawyer. Something completely missing from most of these discussions is that law school does not teach anyone to think like a lawyer, instead it teaches them to think like a law student. While it appears that being taught to think like a law student qualifies one to teach law seamlessly without significant transition time, it is different from thinking like a lawyer. I think that social justice problem is a significant issue, overshadowed by the immediate focus. I’ve worked in two different firms that used law graduates as paralegals, one the editor in chief of the law review of a bottom ranked school who could not find other employment. She was bright, competent and eventually hired as an associate, but was unable to get in the door for some time.
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- The social sciences, on their end, have their own orientations and concerns that do not easily translate into legal contexts.
- They need someone who can practice law without always going to a more experiences lawyer to make sure they aren’t screwing up the simple legal stuff.
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There are real issues that are being missed by most. Perhaps another contributing factor is the natural tendency toward empire-building in elite law schools, which are flush with money. Desain Rumah Kantor Minimalis , on their end, have their own orientations and concerns that do not easily translate into legal contexts. So bringing these courses and programs into the law schools does not necessarily mean they will be integrated in any real sense. The later Legal Realists—sometimes mistakenly credited with being the initial promoters of this idea—also argued that the social sciences should be integrated into the study of law.
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If a lawyer needs to use social science in a case, then the lawyer needs to know the law stuff cold, and then needs to go to a social scientist to make sure he has the social science stuff right in his specific case. A little bit of social science education is not going to permit a lawyer to safely avoid asking for expert help. From what I have observed, when a person needs a lawyer, they need somone who functions at a high level as a lawyer.
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So long as the enthusiasm for interdisciplinary studies doesn’t affect the basic curriculum, but only affects faculty hiring and the contents of third year seminars, it won’t matter much. If it gets the point where first year torts students at John Marshall are learning about “cheaper cost avoiders” rather than “proximate cause,” that will be a problem. I agree with the general thrust – that one can be a competent, and indeed, very good lawyer without interdisciplinary bona fides. There is no question that knowledge about law is enhanced through an interdisciplinary perspective. It seems evident that one can be an excellent lawyer without knowing any of this interdisciplinary stuff, while it is not obvious that learning this will make a person a better lawyer. A stronger case can be made that this information might improve the performance of judges, but a more efficient way to deliver this benefit is to set up classes (in economics, statistics, etc.) for sitting judges—programs which now exist.
The same cannot be said for graduates of non-elite law schools. Non-elite law schools must find ways to keep their tuition down. law is important and valuable, and bringing other disciplines into the law schools can help advance this . But that is entirely different from the dubious proposition that interdisciplinary studies will help train better lawyers.
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