Legal Education and the Reproduction of Hierarchy by Unknown

Author:Unknown
Language: eng
Format: epub
Published: 2020-02-22T16:00:00+00:00

NOTES

1. This is a comment on DUNCAN KENNEDY, LEGAL EDUCATION AND THE REPRODUCTION OF HIERARCHY: A POLEMIC AGAINST THE SYSTEM (Cambridge, 1983) prepared for inclusion in a republication of that essay by the New York University Press.

2. I have read an account of the Yale Law School of that era written and soon to be published by Laura Kalman. She made helpful comments on an earlier draft of this comment.

3. In 1970, I was assigned to serve as a hearing officer for the University of Michigan Graduate School to consider the cases of students who had disrupted a mathematics class. The leader of the disrupters was a graduate student in chemistry. (I fined him $100; he dropped out rather than pay it.)

4. Letter to R. Rosenwald, May 13, 1927, quoted in, JACK & JACK, MORAL VISION AND PROFESSIONAL DECISIONS 156 (Cambridge UK, 1989).

5. THE BLANK SLATE: THE MODERN DENIAL OF HUMAN NATURE (New York, 2002).

6. All the stories in that celebrated novel were circulating at the Harvard Law School in 1952, when I was a first-year student. It is not unlikely that many of them had gained color from frequent repetition. The novelist used all but one of the stories I heard. The one he did not use was my favorite. It was reported that a student was so agitated after reading the Property examination questions to which he had to respond that he drank his ink. He was taken to a convenient nursing station where the ink could be pumped out of his stomach. As he was returning to consciousness, the Bull entered the nursing station and asked him how he was feeling. “Okay, I guess, Professor Warren.” “That’s good,” the Bull was alleged to have said, “because you have only forty-five minutes to finish the exam.”

7. EDWARD H. WARREN, SPARTAN EDUCATION (Boston, 1942).

8. Acheson wrote four volumes of autobiography and he is the subject of five biographies.

9. He argued that lawyers sometimes have a duty to lie in Ethics of Advocacy, 4 STAN. L. REV. 3 (1951). A response is Henry Drinker, Some Remarks on Mr. Curtis, 4 STAN. L. REV. 349 (1952).

10. Ex parte Quirin, 317 U.S. 1 (1942).

11. American Freedom and the Law: Fighting the Communist Menace, 40 A.B.A.J. 559 (1953).

12. For comment on that change, see PAUL HASKELL, WHY LAWYERS BEHAVE AS THEY DO (Boulder, 1998).

13. On Ranking, J. LEG. ED. (forthcoming 2003).

14. For a brief account, see Paul D. Carrington, The Revolutionary Idea of University Legal Education, 31 WM. & MARY L. REV. 527 (1990).

15. PAUL D. CARRINGTON, STEWARDS OF DEMOCRACY: LAW AS A PUBLIC PROFESSION 25–34 (Boulder, 1999).

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