The crisis in legal education has been defined and accentuated by urgent and existential critiques. This body of complaint and suggestion—in the form of books, foundation reports, law review articles, major media entries, and blog posts—has two gaping holes that this Essay seeks to fill. First, the critiques fail to attend to the diminishing of social justice values and commitments in legal education in the period leading up to the 2008 recession, especially as clinical education—often designated as the carrier of justice values in law schools—faced generational shifts and law schools extended “practical” education to more students. Second, with the exception of the work of Robin West, there is little in the way of a forward-looking, progressive, and justice-oriented response to the crisis of legal education. The reform discourse since the 2008 recession is composed almost exclusively of proposals, such as those by William Henderson and Brian Tamanaha, undergirded by neoliberal assumptions and constructs. Leading reformers accept the accelerated disaggregation and commodification of legal practice without attention to aspects of the profession that privilege the public good over market norms and rationales. This Essay draws on clinical practice rooted in pedagogies focused on the development of critical analysis and political engagement to make the case for a progressive vision of law school reform—and, more generally, the legal profession—that emphasizes justice, connection, and cogeneration by lawyers and communities of approaches to entrenched social problems.
When Uber launched in San Francisco in 2010, it took the city by storm. Here was a high-tech transportation service that seemingly did everything better than taxicabs: it was more convenient, more accessible, more comfortable, and even cheaper in many instances. Uber’s initial success inspired a number of lower-cost, non-professional “ridesharing” options, which have flourished. […]
The flow of information from local police to federal immigration officials forms a central element of the contemporary phenomenon known as “crimmigration”—the convergence of immigration enforcement and criminal law enforcement. This Essay provides the first historical account of the early roots of this information flow and a new perspective on its contemporary significance. Previous scholarship […]
Reformers argue that ineffective teaching is the linchpin of educational inequality and failure. Starting in 2010, they successfully sought important changes in teacher evaluation systems at the state and federal levels. But tenure, a fundamental source of teachers’ strength to resist more aggressive reform, remained in place. Thus, in 2012, reformers theorized a novel constitutional […]
One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference. When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an “employee was hired and fired by the same person […]