Curriculum Reform in Law Schools

Donald B. Tobin
Associate Dean for Faculty
and Bazler Designated
Professor in Business Law

Research
Teaching
Curricular Reform
 Change?
• Do we want to change?

• What are the challenges to change?

• How do we address those challenges?

 Do we want change?
• We (professors) are happy and have a
pretty good deal.

• Bar is not happy and believes students are

not prepared to practice law.

• Students believe they need more practical

training.
Carnegie Report – Educating Lawyers: Preparation for the
Profession of Law
 Conclusions
• Do a good job in the first year training students to
“think like a lawyer”
• Rely on that method too much. Need diversity of
teaching methods
• Give on casual attention to teaching student show
to use legal thinking in the actual practice of law
• Poor skill development
• Fail to provide effective support for developing
ethical and social skills.
Skills Training
 Do we want change?
• Most law schools are examining curriculum

• Concern of “old guard”

• Student and thus market pressure

• We thought we were doing a lot already

• Status quo is comfortable

Challenges
 Challenges
• Money - Business Model of Law School

• Talent – Not hired for skills training

• Time - Skills training takes a lot of time

• No easy client – or at least no profitable client

• Not the way we do things – you are going soft

 What we have done
• Practitioners in Residence in Business
Distinguished Practitioners in
Residence Program
 What we have done
• Practitioners in Residence in Business

• Capstone Professional Practice Class

China Problem
 What we have done
• Practitioners in Residence in Business

• Capstone Professional Practice Class

• Increased attention to Legal Writing

• Expand skills opportunity – trial practice , pre-trial

litigation

• Participate in National and Local

consortiums/discussions
 What we have done
• Applaud different teaching styles

• Increase Clinical Opportunities

• Increase our skills based offerings

• Integration of skills into curriculum

• Recognize Pedagogy Scholarship

• Feedback, feedback, feedback

Integration of skills into
curriculum
 What others are doing
• Washington and Lee announced new third year
curriculum

• Two-year law school

• Revamping the first-year

• More externships and internships

• Trial “watching”
 Other possible reforms
• Health Science Model

• Training by the bar – historical context for skills

• Four year law school with significant skills training

Future