Paul L. Caron

Tuesday, January 29, 2013

Diamond Reviews Tamanaha's Failing Law Schools

FailingStephen F. Diamond (Santa Clara), The Future of the American Law School or, How the 'Crits' Led Brian Tamanaha Astray and His Failing Law Schools Fails (reviewing Brian Tamanaha (Washington U.), Failing Law Schools (University of Chicago Press, 2012)):

Debate over the impact of the economic crisis on the future of the American law school has reached an exceptional level of intensity. Brian Tamanaha’s short book, Failing Law Schools, serves as the manifesto for those who believe the law school must undergo radical restructuring and cost cutting. While there is room for disagreement with almost all aspects of the reform argument no critic of Tamanaha has attempted to place his critique in the context of his pre-existing scholarly work on the rule of law. This review essay argues that only an appreciation for the dual nature of the modern rule of law allows us to explain what is happening to the American law school and to see clearly the limitations of the critics’ arguments. The essay suggests that diversity within a tenure based academic model is a valuable characteristic of the current model that must be preserved.

Other reviews of Failing Law Schools:

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The problem for Diamond is that, even if you accept his argument that the schools should not be blamed for the jobs problem, he comes off more concerned about saving tenure than helping students, who are in a terrible, awful situation, one that the general public is more sympathetic to than the plight of the legal academy.

Posted by: Steven Rosen | Jan 29, 2013 10:10:09 AM

It's encouraging to see somebody hitting back at the sky is falling crowd.

Posted by: michael livingston | Jan 29, 2013 6:59:30 AM