A Liberal Theory Of Legal Education

Eli Wald (Denver), A Liberal Theory of Legal Education, 75 Ala. L. Rev. 563 (2024): 

Law schools have a reputation, and are often criticized, for being liberal. Yet, their reputation notwithstanding, law schools are traditional, orthodox institutions, teaching and instilling in students a version of the law devoid of justice and morality. One might be tempted to assume law schools merely reflect the conservatism of the legal profession, which generally serves the interests of powerful clients and sustains the status quo, but this account does not withstand scrutiny. Law schools and law professors are relatively insulated from the intense competitive pressures of the market for legal services. Whatever the explanatory power of lawyers’ usual excuses for ignoring justice and morality—“the adversary system made me do it,” or “clients made me do it”—they do not apply to and do not explain the conduct of law professors. 

This Article makes three points. First, it explains how law schools are orthodox and why they continue to be a-liberal in the twenty-first century, preaching a great divorce between law and justice and morality although they have the power and ability to become more liberal. Second, it argues that law schools must be more liberal, that is, they must pursue a model of legal education which integrates law, justice, and morality. Third, the Article advances a liberal model of legal education and responds to several criticisms of it.