Law School 2 0

An urgent plea for much needed reforms to legal education The period from 2008 to 2018 was a lost decade for American law schools. Employment results were terrible. Applications and enrollment cratered. Revenue dropped precipitously and several law schools closed. Almost all law schools shrank in terms of students, faculty, and staff. A handful of schools even closed. Despite these dismal results, law school tuition outran inflation and student indebtedness exploded, creating a truly toxic brew of higher costs for worse results. The election of Donald Trump in 2016 and the subsequent role of hero-lawyers in the “resistance” has made law school relevant again and applications have increased. However, despite the strong early returns, we still have no idea whether law schools are out of the woods or not. If the Trump Bump is temporary or does not result in steady enrollment increases, more schools will close. But if it does last, we face another danger. We tend to hope that crises bring about a process of creative destruction, where a downturn causes some businesses to fail and other businesses to adapt. And some of the reforms needed at law schools are obvious: tuition fees need to come down, teaching practices need to change, there should be greater regulations on law schools that fail to deliver on employment and bar passage. Ironically, the opposite has happened for law schools: they suffered a harrowing, near-death experience and the survivors look like they’re going to exhale gratefully and then go back to doing exactly what led them into the crisis in the first place. The urgency of this book is to convince law school stakeholders (faculty, students, applicants, graduates, and regulators) not to just return to business as usual if the Trump Bump proves to be permanent. We have come too far, through too much, to just shrug our shoulders and move on.

Legal education is at a crossroads. As a media-saturated generation of students enters law school, they find themselves thrust into a fairly backward mode of instruction, much of which is over 100 years old. Over those years, legal education has resisted many credible reports recommending change, most recently those from the Carnegie Foundation for the Advancement of Teaching and from the Clinical Legal Education Association. Meanwhile, the cost of legal education continues to skyrocket, with many law students graduating with crushing debt they have difficulty paying back. All of these factors are likely to reach a crescendo in the next few years, setting the stage for a perfect storm out of which can come significant change. But legal education has successfully resisted systemic change for many years. Given that dubious track record, the only way significant change can reasonably be predicted is if something is different this time. Fortunately, there is something different this time: the ubiquity of technology. Since the MacCrate report in 1992, the internet has achieved massive growth, and a generation of students has grown up with sophisticated and pervasive use of technology in nearly every facet of their lives. This book describes how the perfect storm of generational change and the rising cost and criticisms of legal education, combined with extraordinary technological developments, will change the face of legal education as we know it today. Its scope extends from generational changes in our students, to pedagogical shifts inside and outside of the classroom, to hybrid textbooks, all the way to methods of active, interactive, and hypertextual learning. And it describes how this shift can--and will--better prepare law students for the practice of tomorrow.