The Langdell Problem: Historicizing the Century of Historiography, 1906–2000s

2004 ◽  
Vol 22 (2) ◽  
pp. 277-337 ◽  
Author(s):  
Bruce A. Kimball

Christopher Columbus Langdell (1826–1906) is arguably the most influential figure in the history of legal education in the United States, having shaped the modern law school by introducing a number of significant reforms during his tenure as dean of Harvard Law School (HLS) from 1870 to 1895. Langdell's innovations—including the admission requirement of a bachelor's degree, the graded and sequential curriculum, the hurdle of annual examinations for continuation and graduation, the independent career track for professional faculty, the transformation of the professional library from a textbook repository into a scholarly resource, and the inductive pedagogy of teaching from cases—became the characteristics gradually adopted by university law schools after 1890 and, eventually, schools of other professions. Langdell thus transformed legal education from an undemanding, gentlemanly acculturation into an academic meritocracy.

2004 ◽  
Vol 5 (3) ◽  
pp. 335-338 ◽  
Author(s):  
Larry Bakken

During the past decade many American law schools have identified and responded to the opportunity and necessity of training law students and lawyers for the challenges created by globalization. Opportunities are certainly available to schools with strong business, international trade and human rights programs. Opportunities are, however, also available to schools with interests and strengths in the newer disciplines such as conflict resolution, intellectual property and environment protection. Law schools which have ventured into global oriented training have recognized that the market is not simply a one-way-street for domestic students but also includes training of foreign law students and lawyers. Private foundations in the United States and abroad, foreign governments and our national government have helped finance foreign lawyer visits and training events throughout America. When international lawyers visit the United States, domestic law schools are involved as hosts, training sites, and sources of professional expertise. There has also been a simultaneous movement of domestic lawyers and law students through foreign law school programs and other study abroad opportunities. When all these international experiences are taken together one realizes the need for law schools to become more involved in the development and implementation of training and development of globally oriented legal education.


1999 ◽  
Vol 17 (1) ◽  
pp. 57-140 ◽  
Author(s):  
Bruce A. Kimball

Christopher Columbus Langdell (1826–1906) was perhaps the most influential figure in the history of legal education in the United States. He shaped the modern law school by introducing a number of significant reforms during his tenure as dean of Harvard Law School (HLS) from 1870 to 1895. Indeed, Langdell may well be the most influential figure in the history of American professional education because he established at HLS, with the help of President Charles W. Eliot, the model for twentieth-century professional schools. His innovations—such as minimum academic standards for admission to degree candidacy, a graded and sequential curriculum, minimum academic standards for continuation in a degree program, a professorial career track for faculty members, and the transformation of the library from a textbook repository into a scholarly resource—became the norm to which leading law schools, medical schools, and, finally, schools of other professions in the twentieth century aspired. Among these changes, none is more closely associated with Langdell than the introduction of case method teaching.


2021 ◽  
pp. 987
Author(s):  
Loren Lee

Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two decades have passed, so where do we stand? This Note’s quantitative analysis of the matriculation of and degrees awarded to Black and Latinx students at twenty-nine accredited law schools across the United States illuminates a stark lack of progress toward critical mass since Grutter and reveals the continued need for affirmative action in law school admissions.


2017 ◽  
Vol 1 (1) ◽  
pp. 87
Author(s):  
Margaret E. Fisher

<p>This article briefly explores the current problems surrounding young people’s knowledge, skills and engagement in the civic life of the democracy in the United States and the contributions that public legal education or civic learning<a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/05%20Margaret%20Fisher.docx#_ftn1">[1]</a> can make to improving youth engagement as members of a democracy. The article will acknowledge the contribution made by the law-related education movement of the 1950s. More specifically, the article will explore the history of a law school based program - Street Law -- that describes the most important way that law schools in the United States contribute to civic learning. Finally, the article will reveal the actual source of the term “Street Law” and the ongoing impact that Street Law has on the young people and the law students who teach it.</p><div><br clear="all" /><hr align="left" size="1" width="33%" /><div><p><a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/05%20Margaret%20Fisher.docx#_ftnref1">[1]</a> I will use the term “civic learning,” instead of public-legal education, which is the more common term in Washington State and in many other states in the U.S.</p></div></div>


1999 ◽  
Vol 30 (2) ◽  
pp. 419
Author(s):  
Allison Dunham

This article undertakes an informal comparison between legal education in the United States and in New Zealand. Dunham compares the admission process, the content taught at law school, the methods of instruction, law office practice for students, and the student makeup. The author concludes that no system of legal education is best, and that it is important to continue to ask how legal education can be improved. 


Author(s):  
Jeffrey Scraba

Washington Irving (b. 1783–d. 1859) had a long and diverse career as an author and public figure. Irving first published satirical essays (as “Jonathan Oldstyle”) for his brother Peter’s newspaper in 1802–1803. He collaborated with his brother William and James Kirke Paulding on the 1807–1808 satirical periodical Salmagundi, which was wildly popular in New York. A History of New-York from the Beginning of the World to the End of the Dutch Dynasty (1809), narrated by the fictitious xenophobic historian Diedrich Knickerbocker, was at once an accurate history of New Amsterdam, a satire on Thomas Jefferson’s administration, and a meditation on the writing of history. Irving moved to Europe in 1815 as an agent for his brothers’ business, but after the business went bankrupt in 1818, Irving set about making a living through his writing. The Sketch-Book of Geoffrey Crayon (1819–1820) was published nearly simultaneously in installments in the United States and the United Kingdom to secure copyright in both; it was an immediate success and was lauded on both sides of the Atlantic. His attempts to follow up this initial success with similar collections of tales and sketches (Bracebridge Hall [1822] and Tales of a Traveller [1824]) met with considerably less commercial and critical success. Invited to Spain in 1824 to translate newly available documents from Columbus’ expeditions, Irving instead produced The Life and Voyages of Christopher Columbus (1828), which became the standard English-language account of Columbus and went through 175 editions in the United States and Europe. Irving’s subsequent travels in southern Spain produced A Chronicle of the Conquest of Granada (1829) and the immensely popular “Spanish Sketch-Book,” The Alhambra (1832). During this period Irving also produced a biography of the Prophet Muhammad, which was eventually published in 1849 as Mahomet and His Successors. Irving finally returned to the United States in 1832, almost immediately participating in an expedition preparing for Indian removal, which was recounted in A Tour on the Prairies (1835). John Jacob Astor then commissioned him to write Astoria (1836), a history of the fur-trading colony, while he also collected materials for another Western narrative, The Adventures of Captain Bonneville (1837). Apart from a period as American Minister to Spain (1842–1846), during which he mediated on behalf of Isabella II during the Carlist Wars, Irving spent much of the rest of his life building his Hudson Valley home called Sunnyside. His final work was the monumental five-volume Life of George Washington (1855–1859). Not only was Irving the first American writer to achieve international celebrity, but he served as a US ambassador; revived tourist interest in Andalusia; shaped the profession of authorship in America and Europe; produced the first comprehensive histories of New Amsterdam/New York, Columbus, and the founder of Islam in English; and wrote the first and perhaps best-known American short stories.


2006 ◽  
Vol 46 (2) ◽  
pp. 191-247 ◽  
Author(s):  
Bruce A. Kimball

Case method teaching was first introduced into American higher education in 1870 by Christopher C. Langdell (1826-1906) of Harvard Law School (HLS), where it became closely associated with—and emblematic of—a set of academic meritocratic reforms. Though regnant today, “the ultimate triumph of [Langdell's] system was not apparent” for many years. The vast majority of students, alumni, and law professors initially derided it as an “abomination,” and for two decades case method and the associated reforms were largely confined to Harvard. During the subsequent twenty-five years between 1890 and 1915, a national controversy ensued as to whether case method teaching—and the concomitant meritocratic reforms—would predominate in legal education and, ultimately, professional education in the United States.


2006 ◽  
Vol 1 ◽  
pp. 1-7
Author(s):  
Chang-fa Lo

AbstractThis focus of this brief paper is on the current discussion in Taiwan concerning the introduction of the United States “J.D. System” where law is studied as a graduate degree. The author sees the advantages of such a programme over the existing primarily undergraduate legal education, but argues that, in addition to a full fledged J.D. system, another “track” of undergraduate students transferring to law school after 2 years of undergraduate education would be a more suitable compromise for Taiwan.


2013 ◽  
Vol 12 (4) ◽  
pp. 535-578
Author(s):  
Bruce A. Kimball

Between 1915 and 1925, Harvard University conducted the first national public fund-raising campaign in higher education in the United States. At the same time, Harvard Law School attempted the first such effort in legal education. The law school organized its effort independently, in conjunction with its centennial in 1917. The university campaign succeeded magnificently by all accounts; the law school failed miserably. Though perfectly positioned for this new venture, Harvard Law School raised scarcely a quarter of its goal from merely 2 percent of its alumni. This essay presents the first account of this campaign and argues that its failure was rooted in longstanding cultural and professional objections that many of the school's alumni shared: law students and law schools neither need nor deserve benefactions, and such gifts worsen the overcrowding of the bar. Due to these objections, lethargy, apathy, and pessimism suffused the campaign. These factors weakened the leadership of the alumni association, the dean, and the president, leading to inept management, wasted time, and an unlikely strategy that was pursued ineffectively. All this doomed the campaign, particularly given the tragic interruptions of the dean's suicide and World War I, along with competition from the well-run campaigns for the University and for disaster relief due to the war.


2003 ◽  
Vol 21 (3) ◽  
pp. 621-622 ◽  
Author(s):  
Bruce Kercher

Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.


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