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Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 7:08 pm
by Bronx Bum
I feel like there's not enough stress on scholarship. Sure, we are learning how to practice (i.e. reading cases and analyzing them) but we need a foundation. Instead of "thinking like a lawyer" on 1L exams, we should be learning the foundations and the history of the law. Scholarship is the single most important element of real practice. We need to know the law through scholarship. Basically, like they tell us to use secondary sources first in LRW. Finals should consist of papers, etc. even if it is still curved. Brian Leiter said recently that judges and lawyers often turn to him on controversial aspects of the law. Scholars always have insight and are the source of all practitioner's legal work. Maybe I'm alone on this one, but law school is too practical. Why do we need to be ready to practice law after 1L? No idea.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 7:09 pm
by ph14
Bronx Bum wrote:I feel like there's not enough stress on scholarship. Sure, we are learning how to practice (i.e. reading cases and analyzing them) but we need a foundation. Instead of "thinking like a lawyer" on 1L exams, we should be learning the foundations and the history of the law. Scholarship is the single most important element of real practice. We need to know the law through scholarship. Basically, like they tell us to use secondary sources first in LRW. Finals should consist of papers, etc. even if it is still curved. Brian Leiter said recently that judges and lawyers often turn to him on controversial aspects of the law. Scholars always have insight and are the source of all practitioner's legal work. Maybe I'm alone on this one, but law school is too practical. Why do we need to be ready to practice law after 1L? No idea.
151

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 7:16 pm
by joemoviebuff
Image

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 7:16 pm
by Veyron
Notsureifserious

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 7:17 pm
by fathergoose
ph14 wrote:
Bronx Bum wrote:I feel like there's not enough stress on scholarship. Sure, we are learning how to practice (i.e. reading cases and analyzing them) but we need a foundation. Instead of "thinking like a lawyer" on 1L exams, we should be learning the foundations and the history of the law. Scholarship is the single most important element of real practice. We need to know the law through scholarship. Basically, like they tell us to use secondary sources first in LRW. Finals should consist of papers, etc. even if it is still curved. Brian Leiter said recently that judges and lawyers often turn to him on controversial aspects of the law. Scholars always have insight and are the source of all practitioner's legal work. Maybe I'm alone on this one, but law school is too practical. Why do we need to be ready to practice law after 1L? No idea.
151
too generous

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 7:20 pm
by NeighborGuy
Notsureifserious either, but I'll take a shot anyway.

I'm guessing because most lawyers will only ever deal with practical matters. I mean really, how many of us are going to have to deal with issues that require a deep, thorough knowledge of legal history and theory? Are clients going to storm into our offices demanding we explain the nuances of the old English ordeal system? Probably not, they're going to want us to know to make rain for them.

Also, how many of us actually care? Not me. We do need scholars for those heavy questions, but we don't need an army of them; just a few for the rest of us to consult every once in a lifetime.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 7:23 pm
by bk1
Shitty troll is shitty.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 7:24 pm
by dailygrind
fathergoose wrote:
ph14 wrote:
Bronx Bum wrote:I feel like there's not enough stress on scholarship. Sure, we are learning how to practice (i.e. reading cases and analyzing them) but we need a foundation. Instead of "thinking like a lawyer" on 1L exams, we should be learning the foundations and the history of the law. Scholarship is the single most important element of real practice. We need to know the law through scholarship. Basically, like they tell us to use secondary sources first in LRW. Finals should consist of papers, etc. even if it is still curved. Brian Leiter said recently that judges and lawyers often turn to him on controversial aspects of the law. Scholars always have insight and are the source of all practitioner's legal work. Maybe I'm alone on this one, but law school is too practical. Why do we need to be ready to practice law after 1L? No idea.
151
too generous

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 10:09 pm
by Bronte
I actually question the underlying premise that law school should be more "practical." There's some changes I could see being really effective, for example: (1) Switch LRW from all litigation to one semester litigation and one semester transactional and (2) drop property as a 1L course and replace it with corporations/business organizations. Further, law school should probably be two years. However, overall, the idea that the whole case method should be dropped and that the classes should be all about learning to practice is dubious. It's very difficult, extremely boring, and inefficient to try to teach "practical" shit in the classroom.

The recent NYT article unintentionally highlighted the problem with trying to teach practice in the classroom. An attorney asks some first year associates, "What steps do you take to accomplish a merger?" (already a question so open-ended that it's virtually unanswerable). The answer: "draft a certificate of merger and file it with the secretary of state." If you think law school is boring now, imagine how boring it would be if we spent all our time learning which documents we need to file with whom.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 10:14 pm
by biglaw$
bk187 wrote:Shitty troll is shitty.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 10:23 pm
by anewaphorist
An attorney asks some first year associates, "What steps do you take to accomplish a merger?" (already a question so open-ended that it's virtually unanswerable). The answer: "draft a certificate of merger and file it with the secretary of state."
The part of me that wanted to go to law school just died a little.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 10:43 pm
by BlueDiamond
I'm disappointed with law school in general

Re: Anyone else disappointed how overly practical LS is?

Posted: Sat Nov 26, 2011 10:51 pm
by JamMasterJ
NeighborGuy wrote:Notsureifserious either, but I'll take a shot anyway.

I'm guessing because most lawyers will only ever deal with practical matters. I mean really, how many of us are going to have to deal with issues that require a deep, thorough knowledge of legal history and theory? Are clients going to storm into our offices demanding we explain the nuances of the old English ordeal system? Probably not, they're going to want us to know to make rain for them.

Also, how many of us actually care? Not me. We do need scholars for those heavy questions, but we don't need an army of them; just a few for the rest of us to consult every once in a lifetime.
whoosh

Re: Anyone else disappointed how overly practical LS is?

Posted: Sun Nov 27, 2011 12:25 am
by Gettingstarted1928
ph14 wrote:
Bronx Bum wrote:I feel like there's not enough stress on scholarship. Sure, we are learning how to practice (i.e. reading cases and analyzing them) but we need a foundation. Instead of "thinking like a lawyer" on 1L exams, we should be learning the foundations and the history of the law. Scholarship is the single most important element of real practice. We need to know the law through scholarship. Basically, like they tell us to use secondary sources first in LRW. Finals should consist of papers, etc. even if it is still curved. Brian Leiter said recently that judges and lawyers often turn to him on controversial aspects of the law. Scholars always have insight and are the source of all practitioner's legal work. Maybe I'm alone on this one, but law school is too practical. Why do we need to be ready to practice law after 1L? No idea.
151
lol

Re: Anyone else disappointed how overly practical LS is?

Posted: Sun Nov 27, 2011 12:27 am
by snailio
Jesus you guys are really bored, must be the Turkey hangova.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sun Nov 27, 2011 2:28 am
by wiseowl
still touching that shithole bro?

Re: Anyone else disappointed how overly practical LS is?

Posted: Sun Nov 27, 2011 4:08 am
by mrloblaw
This one had me until the last word of the first sentence. That's got to be at least a 150.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sun Nov 27, 2011 11:05 am
by downing
Law school is fine the way it is, except that it needs to be one year shorter.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sun Nov 27, 2011 3:05 pm
by Gettingstarted1928
downing wrote:Law school is fine the way it is, except that it needs to be one year shorter.

+1 The length of undergrad and law school = racket.

It's such bullshit that students are having to go into all this debt when post high school education could be cut in half.

Re: Anyone else disappointed how overly practical LS is?

Posted: Sun Nov 27, 2011 6:37 pm
by kapital98
downing wrote:Law school is fine the way it is, except that it needs to be one year shorter.
+1,000

Re: Anyone else disappointed how overly practical LS is?

Posted: Sun Nov 27, 2011 6:42 pm
by Gettingstarted1928
I hate that no matter how ridiculous it is, it will never be changed, because "that's how law school has always been."

Re: Anyone else disappointed how overly practical LS is?

Posted: Mon Nov 28, 2011 2:49 am
by r6_philly
Gettingstarted1928 wrote:
downing wrote:Law school is fine the way it is, except that it needs to be one year shorter.

+1 The length of undergrad and law school = racket.

It's such bullshit that students are having to go into all this debt when post high school education could be cut in half.
Barrier of entry would be too low then. Can't make big salary that way.

Re: Anyone else disappointed how overly practical LS is?

Posted: Mon Nov 28, 2011 3:04 am
by Ernert
joemoviebuff wrote:Image
I enjoyed this picture.

Re: Anyone else disappointed how overly practical LS is?

Posted: Mon Nov 28, 2011 9:40 am
by BeenDidThat
Bronx Bum wrote:Instead of "thinking like a lawyer" on 1L exams, we should be learning the foundations and the history of the law. Scholarship is the single most important element of real practice. We need to know the law through scholarship.
This is by far my favorite part of the post because of how hilariously out-of-touch with reality it is.

If you're a troll: 173

If you're serious, someone should ban you before you do real harm to a clueless 0L.

Re: Anyone else disappointed how overly practical LS is?

Posted: Mon Nov 28, 2011 4:28 pm
by Gettingstarted1928
r6_philly wrote:
Gettingstarted1928 wrote:
downing wrote:Law school is fine the way it is, except that it needs to be one year shorter.

+1 The length of undergrad and law school = racket.

It's such bullshit that students are having to go into all this debt when post high school education could be cut in half.
Barrier of entry would be too low then. Can't make big salary that way.
huh? There's not "barrier of entry" as it is.