Legal Education: “Both/And” not “Either/Or”

Lisa’s post on international law in legal education brought to mind an ongoing internet debate about the impact of the supposed demise of “Big Law” (large firms) on law schools. The argument is that, if large firms hire fewer lawyers, law schools won’t be able to command the same tuition or attract the same number of students and will have to become more like trade schools, emphasizing the practical and putting aside more theoretical and interdisciplinary course offerings. Law professors will need to become more “instructor” (in a narrow sense) than professor and scholar. (The point is not that Big Law wants more theoretical and interdisciplinary courses – there is a seperate debate about that – but that large starting salaries induce students to be willing to pay for them.)

Part of my reaction to debate like this is that it something that is largely irrelevant to the majority of American law schools who neither offer a steady stream of courses on Kantian Perspectives on Third Party Practice nor limit themselves to the graduation of superannuated paralegals. Nor does it seem that the nature of legal education at these schools is much related to the health of Big Law since most of their students know that they will never be at a large firm (and that is not necessarily a bad thing).

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Mainstreaming International Law in Legal Education

globeThis week is “International Education Week”, a joint initiative of the U.S. Department of State and the U.S. Department of Education to promote “programs that prepare Americans for a global environment and attract future leaders from abroad to study, learn, and exchange experiences in the United States.”  Schools and other educational institutions around the country have been carrying out activities around this national theme, including Marquette University.

The thematic week prompts me to explore the role of international law in the American law school setting. Although the curriculum of law schools in the United States has traditionally offered a narrow focus on domestic law, it has slowly expanded over the last century to include an international focus, albeit a limited one.   While this development can be seen most readily with the proliferation of foreign exchange programs such as Marquette Law School’s own summer program in Giessen, Germany, it also appears through the positioning of international law classes in the curriculum of traditional legal education.

Since the mid-century, it has become common for law schools to sprinkle course listings with upper-level and elective classes in international law. 

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Wanted: Lawyers Who Speak Spanish

Writing in 2004, Anne Marie Slaughter, the current Director of Policy Planning for the United States Department of State and former Dean of the Woodrow Wilson School of Public and International Affairs at Princeton University recognized, “The consensus among lawyers, CEOs, NGO activists, and others is that the people whom they would most like to hire are those who understand how to navigate between cultures.  In a dream world, such competence would include knowledge of at least one foreign language.”

Slaughter’s wishful thinking now appears to be reality. A recent Wisconsin Law Journal article reports that bilingual attorneys are carving out a “growing niche” in legal practice in the state.  The WLJ reports, “As the minority populations in the state continue to grow, so too has the opportunity for bilingual attorneys to expand their client base.”   Now it seems, new lawyers will not only wish to market their law school academic achievements, but also their command of a language other than English.

In particular, according to the U.S. Census Bureau, the Hispanic population in Wisconsin has increased by 48.2 percent since 2000, numbering close to 300,000 members of our community.  In Milwaukee alone, the Hispanic population represents twelve percent of the population.  

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