Michael Madison's Ideas for the Direction of American Legal Education
Professor Michael Madison has posted Legal Education and the End of the Beginning, on The Faculty Lounge blog. The piece was quoted and linked at TaxProf blog. Professor Madison analyzes the state of legal education today, and ends the piece with a parallel between legal education today and the American steel industry in 1981, before its collapse.
Legal education is the 20th century steel industry – massively successful up until the very end, and then, in a moment, it wasn’t. Not successful, and not much of an industry. American steel producers (including producers in Pittsburgh) have rebounded, and they still make lots of great steel – but the big integrated producers don’t make the huge quantities of the structural steel that made them rich and powerful, and in all that they produce today, they employ only a tiny fraction of the US workforce that they once did. In Pittsburgh, where I live and which has become something of a poster-child for the chic revival of post-industrial America, the scars of the dislocation, disruption, and loss wrought by the crash of steel are still visible, and full of meaning and economic impact, 30 years on.
The collapse of American steel may or may not have been avoidable, at least at the very end. But everyone at the top of the pyramid, on both management and labor sides, saw the end coming: the over-capacity, the flawed economic model, the changing demand. They saw it decades ahead of time. Everyone diagnosed the problems as the responsibility of other players. In macro and micro ways there were plenty of opportunities for management and labor collectively to take a balanced view of their futures and to avoid walking over the precipice together. Yet walk over the precipice together is what, in the end, happened. The parallel to legal education is imprecise. At the very least, this is not law schools’ 1981, the year that Steel's struggles really started to hit home in earnest.