September 08, 2011
ScamLaw Forum: Questions for the Day
Posted by Christine Hurt

Howdy!  I am getting on a plane to go to Malawi, so I will have the pleasure of reading these posts at a later time.  I'm sorry to miss the forum, but I'm glad that this timely topic won't have to wait until I get back.  So, I have just enough time to pose some questions that I would love others to ponder:

1.    So, what are law schools supposed to do?  Anonymous Law Prof isn't a big fan of modern scholarship, but my cliched question after reading all of his very informative posts is "So, what is the normative uptake?"  ALS has done a good job of describing the main problem (though I don't agree with all of his commentary on the whys, wherefores and results), but what is the prescription?  His commenters are enjoying the therapeutic exercise of placing blame and exposing bad outcomes, but at some point we need to talk about the solution, besides "more transparency," which seems to be on the road to happening.

2.    Relatedly, what are law professors supposed to do?  ALS calls himself a whistleblower, which to us corporate types is another word for co-conspirator turned informant.  ALS believes there is a fraud occurring, and he believes we are all co-conspirators, not innocent bystanders.  So, how do we "withdraw from the conspiracy" (besides just blogging about it).  

3.    Lastly, ALS' commenters took issue with my statement that I loved the law, and I loved teaching it.  They said that if I really loved the law, I would be practicing it.  I think that's completely wrong.  Studying the law and practicing are two different exercises, which appeal to different personalities and skill sets.  I could love literature and teaching literature, but that shouldn't open me up to criticism for not writing novels.  That being said, I really enjoyed practicing law.  But, I prefer my current job.  ALS seems to think that one problem with law schools is that professors hated practicing law.  Is this a red herring?

Enjoy the day and the discussion!  See you on the other side!

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