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Legal Commentary

: Prawfs

Revamping the 1L Curriculum

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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How do law school justify their curricula in a world where tuition keeps rising and employment rates for grads keep falling? 

In response to this question, and at the nudging of our curriculum committee, several of my colleagues today began discussing what should be done to revamp the 1L curriculum.  It was amazing to hear how much consensus there is about what skills too many students lack after the 1L year.  They can't (or don't) read cases closely enough; they can't (or don't) read statutes closely enough; their writing skills are underdeveloped; their analytical skills are weak; they lack initiative and self-reliance. 

There was far less consensus on how to solve the problem.  Proposals included having a separate class to teach legal reasoning skills, adding skills components to traditional 1L classes, making sure 1L students have a small section experience, beefing up legal research and writing requirements, requiring 1L profs to use essay exams, banning laptops in class, and adding components to 1L classes designed to boost "emotional intelligence" or professionalism.

Inevitably, when it comes time to vote for changes, many of my colleagues will resist some or all of these  proposals.  Some will refuse to believe that the traditional methods simply aren't working adequately to teach legal reasoning, even while they complain about the supposedly "lazy" students "this generation" has produced.  Some will contend that teaching skills (however defined) is somehow beneath us profs (although they won't use these words) and that students can pick up skills on their own.  Some who make this argument will genuinely believe, as I once did, that students can teach themselves almost anything once they understand the process of legal reasoning; others will simply be reluctant to revamp a course they've taught for years.  Yet others will say it is the job of law firms to mentor young lawyers,thereby showing that they've completely missed the transformation of law firm culture that took place after they left law practice. It is becoming increasingly clear, however, that if law schools aren't proactive in training students to "hit the ground running" when they graduate, the ABA will force our hand. 

I don't know what the answers are, but I do know something must be done.  What has your school done?  Is it working?

 

 

 

Full post as published by Prawfs on October 11, 2010 (boomark / email).

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