The Study of International Law in American Law Schools: A Brief History

As I’ve discussed in other posts, international law has a fairly peripheral role in American legal education. Only eight schools require their students to complete a course on the subject, and the range of international electives tends to be quite limited. Wondering whether this is only a recent phenomenon or instead something with deeper roots, I did a little research into historical practice. It turns out that scholars have surveyed the state of international legal education in the United States multiple times over the course of the past century. By combining their work—including two particularly good pieces by Manley Hudson (1929) and William Bishop (1953)—with a recent survey of my own, we can gain at least a rough sense for how the curriculum has evolved over time. Here’s what I found:

First, international law had a role even in the Founding era. In 1779, for example, the law of nations was added to the instructional duties of the “moral professor” at William & Mary. In 1790, James Wilson devoted a “considerable part” of his lectures at the College of Philadelphia to the law of nations, while James Kent lectured on the subject at King’s College just a few years later. According to Hudson, “the law of nations had a recognized place in the pursuit of a legal education, and it formed a part of the learning of many of the better-educated lawyers” of the period.

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Learning Outcomes: Consistently Developing Predictably Competent Graduates

DiplomaConsistency and predictability—these are two principles that I have come to appreciate during my first year of law school. Schedule—predictable, every Tuesday/Thursday, 5:30-9:00. Exams—unpredictable, but consistently challenging. Reading—consistent onslaught of interesting, yet challenging cases.

In the majority of the prescribed 1L courses, stare decisis has been discussed as one doctrine that helps the court gain credibility by producing predictable decisions. This doctrine has sparked a few observations about consistencies and inconsistencies with respect to the law—observations that warrant reflection.

In the upcoming month, I look forward to sharing these not-so-fleeting thoughts with you as a student blogger for March.

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Tell Me a Story

Little_Red_Riding_Hood_WPA_posterOnce upon a time . . .

I started my last post with those same four words, so I hope you’ll forgive me the repetition. They’re good words for a beginning (though perhaps not in a piece of legal writing!). But why are they such good words to start with? I could wax poetic about creating a sense of nostalgia for a time long past, where wonderful things were possible . . . but that’s not it. They’re good words for a beginning because we all know what comes after them: a story.

Stories are powerful things. For millennia, human beings have told each other stories. We pass down knowledge and wisdom, warnings and inspiration to each other through tales. Myths from cultures all over the world and all throughout history were created to explain natural phenomena, and to try to answer questions about the deeper meaning of human existence. Folk tales and fables teach lessons about hubris and humility, social values and the dangers of greed and other vices. In the Christian Bible, Jesus teaches using parables that will be familiar to anyone who went to Sunday School—the mustard seed, the prodigal son. Why? Isn’t it easier to say, for instance, “Don’t be too greedy!” than to tell the story of King Midas?

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