Tuesday, July 28, 2015

It's educational malpractice to recommend that incoming law students read Llewellyn's "The Bramble Bush"...

...as, alas, Michael Krauss (George Mason) does in The Washington Post no less.  Llewellyn's book is delightful and rich with interesting material, but I guarantee it makes no sense to someone who hasn't already read a lot of cases and studied some basic common-law subjects, like torts and contracts.  (I offer the basic Jurisprudence course here as a 1L elective in the Spring Quarter, and to those students it makes a lot of sense precisely because they've already seen so many examples of what Llewellyn is talking about.)  The one book I recommend to students who ask what to read before starting law school is Ward Farnsworth's The Legal Analyst (though the "Jurisprudence" part of the book isn't really about jurisprudence).  This is accessible to a novice, and provides a beginning law student with a variety of useful analytical tools.  (Farnsworth, now Dean at Texas, is a graduate of the University of Chicago Law School, and the book actually covers much of the material covered in "Elements of the Law," a required fall quarter class for all 1Ls here--indeed, one of my colleagues who teaches "Elements" uses Farnsworth's book in the class.)

https://leiterlawschool.typepad.com/leiter/2015/07/its-educational-malpractice-to-recommend-that-incoming-law-students-read-llewellyns-the-bramble-bush.html

Jurisprudence, Of Academic Interest, Student Advice | Permalink