John Hart ElyAs you may have seen, thecover story of the May 22issue of The New York TimesMagazine about legal educationfocused on <strong>Stanford</strong> Law School.And although it was titled "TheTrouble with America's LawSchools," we actually came offpretty well.The thesis of the article was thatthe second and third years of lawschool tend to get boring and thatno one has really found a consistentlyeffective antidote-which iscertainly true. But, as the author·(David Margolick) grudgingly admitted,our faculty at least is hardat work on the problem, and of theschools that form the elite "innercircle" of legal education <strong>Stanford</strong>has the best chance of solving it.(Our innovative "<strong>Lawyer</strong>ing Process"courses and various simulated/clinicalofferings receivedmuch attention, both textual andpictorial, in the article.)~ Mr. Margolick also recognized that we have embarked~ this year on a program to help our students think about~ what they want to do with their lives, rather than auto~ matically gravitating toward the most prestigious big~ city law firm willing to hire them. The career planningmeetings that I and other faculty members have beenholding with students, and the modest loan program wehave instituted for those who want to spend one of theirtwo summers in some "alternative" form of employment,were described as what in fact they are- symbolic- butnonetheless valued as such..What Mr. Margolick didn't stress are the enormousstrides we are making in the area of Law and Business.Of course this is a program given renewed energy andfocus by Charlie Meyers, but this last year we have reallybegun to put it all together. As part of our reform of thefirst-year curriculum we have incorporated into the secondterm a new course in Economics and Finance Theory,which will function as a prerequisite for what we expectto be a very popular business law track in the upperyears. Thus our dream of having a genuine business sequenceis finally becoming a reality. (We will also give asection of Business Associations for those who have nottaken the prerequisite and do not desire such an intenselaw and business experience: "Corporations forCosmologists"?).More important are people. In addition to MyronScholes, the first joint appointment ever made by theLaw and Business Schools, we have added Tom Campbell,most recently Director of the Bureau of Enforcementof the FTC; Ellen Borgersen, most recently a partnerat Morrison & Foerster; and Bob Gordon, mostnoted as a legal historian but particularly interested inthe history of the American corporate bar (and, likeCampbell, teaching a section of Business Associationsthis coming year). Other good news is that the funding ofthe Ralph M. Parsons Chair in Law and Business wascompleted this year and Ken Scott was named its first incumbent,and Ron Gilson, one of the leading corporatelaw scholars of his generation, was promoted i#to fullprofessor.I know that when I was appointed Dean, some of youwere concerned that my commitment to the area of lawand business might be less deep than that of CharlieMeyers (who, I am bound to say, has gone a bit overboardto demonstrate the depth of his interest). It's truethat business law is not my field, * but it is one thattouches the careers of most lawyers, certainly of most ofour graduates, and we are further blessed by the presenceon our campus of a business school whose statusequals our own. I have therefore made it one of my chiefpriorities to insure that our business curriculum will beso far out front that people will be at a loss to say who's2 <strong>Stanford</strong> <strong>Lawyer</strong> <strong>Fall</strong> <strong>1983</strong>
Business Law vs. Public Interest Law:A False Dichotomysecond -something along the line that Charlie Mungerhas suggested to me: "The Best of the <strong>Stanford</strong> and HarvardBusiness Programs Combined, Improved, Condensed,with Dross and Twaddle Removed, but with AlmostAll Essential Areas Covered, and Related to the'World of the <strong>Lawyer</strong>."As I say, the recent strides we've made in the area oflaw and business are something Mr. Margolick doesn'tmention, and I honestly think the omission was meant tobe a favor. For, remember, his praise was for the gainswe had made (albeit too limited in his view) in clinicalteaching and public interest law initiatives. A simultaneouspush in the area of law and business apparentlystruck him as somehow inconsistent, and he was enoughof a gentleman to refrain from accusing us of schizophrenia.In fact the contradictions that some see among law andbusiness, public interest law, and clinical teaching arelargely imagined. Our initiatives on all three of thesefronts are quite intentional, and I am more than happy toidentify myself with each of them.It is true that clinical teaching has tended to be identifiedwith "poverty law," undoubtedly because it was alabel first attached to teaching done in conjunction withlegal aid clinics. It still is that at some law schools, and indeedit is partly that at <strong>Stanford</strong>. But clinical teaching at<strong>Stanford</strong>, as the Times article does indeed make clear,has progressed far beyond the legal aid clinic model.Most of our clinical teaching is now done by simulation- thus eliminating calendar problems and genuineethical conflicts in which real people can get hurt, andinsuring an appropriate and controllable blend ofinteresting legal issues - and a good deal of it has nothingto do with "poverty law" (at least not overtly: more of thislater on). The first year <strong>Lawyer</strong>ing Process coursefeatures a wide range of legal situations, and there arewholly clinical offerings in areas as diverse as family law,real estate, and labor law. In short, clinical teaching, asthe name implies, is a mode of teaching: it designatesneither a specific subject nor a particular ideologicaloutlook. Skills learned clinically are transferable skills.But what about business law and public interest law?Aren't they both subject areas, as opposed to modes ofteaching, and aren't they, indeed, inconsistent? Nonsenseagain. In the first place, business enterprises are*The Times article quoted me to the effect that I personally would notbe most comfortable working in a large corporate law firm, and to thefurther effect that most members of the faculty probably also feel thatway. (That much seems obvious: after all, we're here rather than there.)As the context may not sufficiently indicate, however, this was said byway of rebutting the common student charge that somehow the facultyare engaged in a conspiracy to channel them into large firm practice.certainly capable of acting in what all would agree is "thepublic interest," and many would define generally keepingthe government offthe backs of free enterprise as apublic interest career. (I take it there are occasions onwhich all of us would agree that such a campaign isneeded, though obviously there is wide divergence onthe subject of how often they occur.) ,Let us, however, define "public interest law" more narrowly(and controversially) as the representation of intereststhat cannot, without charitable or governmentalaid, afford to hire representation for themselves (poorpeople, environmental interests, etc.). The dichotomyremains invalid. The same skills and even the same substantivedoctrines that one invokes to re'present thoseable and willing to pay can be equally valuable-indeedthey are indispensable - in the defense of those who arenot. It is a naive and dangerously ill-prepared lawyerwho supposes that commercial, business, and propertycourses are somehow irrelevant to the representation ofthe poor, let alone "the public interest." Beyond all that,as I note in my January 25 memorandum to the studentson "Exposure to Career 'Alternatives''': "Our professionis filled with examples of men and women whose basicallylarge firm practices have involved significant activity,intermittent or continuing, devoted quite explicitlyto serving the profession and the public." (Thismemorandum is reprinted in full on pages 53-55.)We therefore intend, without fear of contradiction, tocontinue strengthening our clinical teaching program tothe extent our resources permit (such teaching is in factvery expensive, primarily in terms of manpower) becauseclinical teaching, done right, is interesting andgood teaching, calculated to make effective lawyers ofall our graduates no matter what kind of practice theyelect. But we also intend, with equal vigor, to continue tostrengthen our programs in Law and Economics and inLaw and Business. The skills and knowledge impartedby these programs will also make more effective lawyersof all our graduates, no matter how they end up spendingtheir lives. Beyond that, we are aware, most of ourgraduates will be business lawyers for much of theircareers. That doesn't mean they can't also be public interestlawyers, and that too is an instinct we very muchmean to encourage.All that is by way of amplification and clarification ofthe Times article. I do have one criticism though, Mr.Margolick: my book is entitled Democracy and Distrust,not "Democracy and Discontent." Those less charitablethan I have suggested that that mistake epitomizes theaccuracy of the article as a whole. That's not fair: asI said, in Mr. Margolick's generally dismal world oflegal education, <strong>Stanford</strong> came out looking pretty good.It should.•<strong>Fall</strong> <strong>1983</strong> <strong>Stanford</strong> <strong>Lawyer</strong>3
- Page 1 and 2: RFAll 1983VOL. 18, NO.1Heroin Optio
- Page 3: jah(e,oYCONTENTSSTANFORD lAWYEREdit
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- Page 42 and 43: @.oarcA 4l!141~THE CONSTITUTION, RA
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- Page 46 and 47: @otwrA 4vJ41~ .SUMMARY AND ADVISORY
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CAREER 'ALTERNATIVES' (cant.)2. A s
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Hurlbut WinnerTalks AboutTeachingPr
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Schod;NI Grads Scatter toCities All
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FACULTV NOTES (cant.) Professor Gun
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than on its edges, thus increasing
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c~OTESII1912-25Hon. David Lee Rosen
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c~NOTESthe firm advises, that "Donn
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c~NOTESand had been prominent in a
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5Stanford LaWlers:This Page IsYours
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October 11Washington, DC LawSociety
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COMPARATIVE CONTRIBUTIONS TOTHE LAW
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A MESSAGE FROM THELAW FUND PRESIDEN
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CLASSAGENTSLong BeachSterling S. Cl
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Warren Christopher'49 Penny Howe Ga
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Frank L. Mallory '47Richard C. Mall
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Ronald G. Trayner '67Anthony J. Tre
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Walter A. Johnson, A.B. '29 Maxine
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DONORS TO THE LAW FUND• Hon. Murr
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CLASS OF 1948R. Winfield AchorHon.
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• Thomas R. MitchellR. Chandler M
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Paul E. Kreutz• Prof. Richard B.
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Gabriel M. GesmerMichael GilfixCorn
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HIGHEST LEVELSOF PARTICIPATIONLARGE
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FACULTY, FORMERFACULTY &STAFFBarbar
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REUNION GIVINGWhile class reunions
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DONORS TO SPECIALPROGRAMS AND FUNDS
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Class of 1954 Reunion Student Finan
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In Memory of:Clifton C. Cottrell '2
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Clyde E. Tritt'49William W. VaughnS
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BEQUESTS AND DEFERRED GIVINGBequest