TaxProf Blog

Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Wednesday, December 5, 2018

Silencing Discipline In Legal Education

Lucy A. Jewel (Tennessee), Silencing Discipline in Legal Education, 49 U. Tol. L. Rev. 657 (2018):

In current times, the production of critical legal knowledge has become constrained by a neoliberal education mindset that emphasizes economic performance and measured outcomes over critical thought. In this essay, I argue that academic freedom, in the sense of being free to speak, write, and teach critical knowledge, both in the intellectual sense and in the law practice sense, is being eroded. And, I urge my critically minded colleagues that are traditional law scholars (tenure-track or tenured) to consider the circumstances of law teachers who currently do not have the protections of tenure but who generate valuable knowledge, particularly in the realm of teaching critical common-law analysis and lawyering skills.

Together, we should oppose further encroachments of neoliberal rationality into legal education. This is a matter of reform, but it is also a matter of protecting our voice.

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