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One version of the claim is that academics who have not practiced are ill-equipped to teach lawyers about law. Tamanaha, Failing Law Schools I cite Professor Tamanaha merely to provide one, pretty powerful, source for the argument. Treat them as straw men or not, at your leisure. Note that this argument goes through even if academics teach practice-relevant subjects.
The model of law schools for quite some time now has been to hire people who have not practiced but who have clerked. So it ignores much of the history of the law school. And if the argument is that, in the past, before the ABA raised the standards, there were more adjuncts who did the sort of modified experiential learning, then the argument becomes: That may be right.
Practice-ready, on that view, is about shifting the cost of apprenticeship from the firm to the school which, unless the school gets extra funding or makes cuts, means the student. More importantly, the argument suggests that players make the best coaches.
Good coaches make the best coaches, whatever their experience. The argument amounts to: It appears to me that legal academics are in the law school rather than some other university department precisely because they are interested in the intersection of other perspective and law: Without some detailed data, however, there is no way to settle this. But, unless there is some data to support this view, it amounts to no more than a form of cognitive essentialism: It seems to me that the challenge to reproduce in the large classroom what goes on in the firm or the courtroom or even the chambers is doomed to failure.
We can provide a tiny taste, but not the meal. One of my colleagues, Tom Stewart, who has 23 years of practice experience , organized his class as a small law firm, and taught evidence by dividing the students into small collaborative groups making presentations to the partner. Exciting stuff; innovative teaching; and mimicking practice, and the students loved it.
But Tom thought that this style would only work with small groups of no more than 25 or so students. What the best practice-oriented folks bring to the table in the large classroom is a sense of how the law really works on the ground, as applied.
So all that sociological and anthropological, political, historical, and so on, stuff just is really useful to work out the hows and whys and wherefores of practice. Put differently, all the stuff that the great tellers of war stories bring to the table, so do the ethnographers, historians, or anyone concerned to understand the practice, just data rather than anecdotes.
In fact, what we see is an interpenetration of practice and theory, so that the good practitioners are thinking about new developments in the law, and the good academics are thinking about making connections between the stuff they teach and practice.
For an example of the former, take my colleague Mike Wolff. Mike is a former Chief Judge of the Missouri Supreme Court, and as Chief Judge, he published an article on evidence-based sentencing that argued for risk assessments of the various programs available to offenders, so as to better inform judges as to the relevant options.
Full disclosure, he cited one of my articles. For an example of the latter, my colleague Jeff Redding writes in, among other areas, comparative law. It is certainly practice oriented, even if the location of that practice is somewhat unusual.
More experiential learning is appropriate for the clinic and perhaps for small classes. Using practice stuff to help students learn to identify issues, reason well with and from rules and authorities, write well, and so on, is the focus of the large class.
The range of experiences we are able to provide students in that setting is likely to be quite basic and readily discovered by those of a mind to do so.