Looking With One Eye Closed: The Twilight of Administrative Law

n an article published recently in this Journal, Judge Loren Smith calls for a change in the focus of thinking and writing about administrative law. Attractive though his general themes are, in developing them Judge Smith passes much too quickly over two important points: the difficulty of arriving at political consensus, and the importance to political consensus of exactly those processes to which Smith objects

The Responsibility of Law Schools: Educating Lawyers as Counselors and Problem Solvers

American legal education is as strong as ever in doctrine and legal analysis; however, it is strikingly weak in teaching other foundational skills and knowledge that lawyers need as counselors, problem solvers and negotiators. Brest proposes a series of advanced courses that integrate the fundamental lawyering skills of counseling, problem solving and negotiation with insights from other disciplines