Failing Law Schools
David Fontana Reviews Brian Z. Tamanaha’s ‘Failing Law Schools ‘
ONE OF THE truly great and unique creations in higher education, the American law school, is in trouble. But before we get to that, let us acknowledge what makes the American law school so special. While in the rest of the world, law schools mostly house scholars focused either on theory or on practice, the American law school bristles with scholars focused on both. Law professors achieve professional success by publishing brilliant theories in scholarly journals, but also by translating their ideas into briefs, magazine articles, or laws. The American law school stands out not just for the professors but also for the students: for the past seventy-six years, every presidential election has featured either a presidential or a vice-presidential nominee who was at one point in time a law student. But after a century of mainly positive attention, law schools are now making news with something else: the existential crisis they face.
Brian Tamanaha’s book is the best analysis yet of this crisis. American law schools are, as the title of his book says, simply “failing.” They offer only a one-size-fits-all law school education that does not teach many law students what they should learn and is also incredibly expensive. If we are to save one of our cherished American institutions, we must take Tamanaha’s concerns to heart.