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Schools for Misrule: Legal Academia and an Overlawyered America Hardcover – March 1, 2011

3.7 3.7 out of 5 stars 11 ratings

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From Barack Obama (Harvard and Chicago) to Bill and Hillary Clinton (Yale), many of our current national leaders emerged from the rarefied air of the nation's top law schools. The ideas taught there in one generation often shape national policy in the next.

The trouble is, Walter Olson reveals in Schools for Misrule, our elite law schools keep churning out ideas that are catastrophically bad for America. From class action lawsuits that promote the right to sue anyone over anything, to court orders mandating the mass release of prison inmates; from the movement for slavery reparations, to court takeovers of school funding—all of these appalling ideas were hatched in legal academia. And the worst is yet to come. A fast-rising movement in law schools demands that sovereignty over U.S. legal disputes be handed over to international law and transnational courts.

It is not by coincidence, Olson argues, that these bad ideas all tend to confer more power on the law schools' own graduates. In the overlawyered society that results, they are the ones who become the real rulers.

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Editorial Reviews

From Publishers Weekly

The latest book from Olson (The Excuse Factory) is part historical overview and part cutting-edge commentary examining corporate case studies and public and tort law with a sharp analysis of the academic system and the internal and external forces shaping its agenda. Law schools mould the future leaders of America, shaping the nation and influencing consensus. Recent legal scholars have infiltrated politics, journalism, and broadcasting, claiming greater authority and creating potentially serious social repercussions. The author explores perceived political bias at Harvard and Yale, their dependence on "left-tilting philanthropy," and the tendency of professors to permeate the curriculum with their own values. Additionally, Olson argues, the commercialization of American universities creates markets of intellectual property and a culture of one-upmanship. Often with tongue firmly in-cheek, Olson addresses the "American disease" of dubious injury claims and product liability lawsuits, the ever-spurious "recovered memory" litigation, and other legal precedents. This hard-hitting, witty account reveals the effect of law on the individual and the collective and astutely forecasts the future of law reform, in the academy, in politics, and across the globe.
(c) Copyright PWxyz, LLC. All rights reserved.

About the Author

"Perhaps America's leading authority on over-litigation". That's what Investor's Business Daily has called Walter Olson, whose books and writings have helped set the terms of debate about the excesses of the nation's civil justice system. Olson's book The Litigation Explosion was reviewed favorably in the New York Times by the late Chief Justice Warren Burger and subsequently cited by Justice Sandra Day O'Connor in a major Supreme Court opinion; the Washington Post dubbed Olson an "intellectual guru of tort reform". The Excuse Factory, his book on litigation in the workplace, was met with accolades everywhere from The American Lawyer ("engaging, witty and provocative") and the London Times ("riveting") to the A.B.A. Journal ("wittily scathing") and The American Spectator ("devastating and eloquent"). His new book The Rule of Lawyers has already been hailed in the American Lawyer as "wry, amusing" as well as "provocative and enjoyable".

A senior fellow at the Manhattan Institute, the think tank in New York City, Mr. Olson is a frequent contributor to the magazine Reason, and his writing appears regularly in such publications as the New York Times and the Wall Street Journal. He has appeared numerous times before Congress, federal agencies and state lawmakers and has approximately 300 broadcast appearances under his belt, including "Crossfire", "MacNeil-Lehrer", "Oprah", "Donahue", and NPR. His website Overlawyered.com, launched in 1999, has won wide acclaim for its mix of entertaining and serious commentary.

Walter Olson is an author and critic whose acclaimed books have changed the way we think about the American legal system. A senior fellow at the Cato Institute, he is a frequent contributor to the Wall Street Journal and other leading newspapers and has written columns for Great Britain's Times Online and Reason. His online work includes Overlawyered.com, widely cited as the oldest blog about law.

Product details

  • Publisher ‏ : ‎ Encounter Books (March 1, 2011)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 296 pages
  • ISBN-10 ‏ : ‎ 1594032335
  • ISBN-13 ‏ : ‎ 978-1594032332
  • Item Weight ‏ : ‎ 1.25 pounds
  • Dimensions ‏ : ‎ 6.25 x 1 x 9 inches
  • Customer Reviews:
    3.7 3.7 out of 5 stars 11 ratings

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3.7 out of 5 stars
11 global ratings

Top reviews from the United States

Reviewed in the United States on February 29, 2012
I don't normally write reviews, but after being exposed to law profs who preach the wonders of class actions and debase the "horrific" case of Citizens United (and that's just this particular term), I run home to find solace in Olson's book. Law school can be alienating for a Libertarian, but it is heartening to know that people like Olson exist. Every law student should read this book--I hope it will open their eyes to the Left's monopoly on academic law.
5 people found this helpful
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Reviewed in the United States on March 3, 2011
This is a great idea for a book but, alas, falls very short in the execution. First, it is much broader than an analysis of what is wrong with US law schools -- it meanders off into tort cases, "public interest" law, UN NGOs, etc. and loses focus too soon. Second, it is very poorly written and full of awkward sentences and simple grammatical errors which should have been caught had even the most rudimentary editorial attention been paid to the manuscript. There are lots of interesting - and depressing! - bits, but overall the souffle fails to rise. (I am a Harvard Law graduate, '72, so was caught in the middle of many of the evil developments addressed here and am painfully aware of the many shortcomings of American legal education).
33 people found this helpful
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Reviewed in the United States on August 26, 2014
Not a book for everyone, but I highly recommend it. Walter Olson presents a revealing look (and history) of how the hated lawyer class has expanded their influence over the decades. You don't need to be a lawyer to appreciate. To understand how much power and influence legal academia has had (and continues to wield) in our world today, read this book.
Reviewed in the United States on March 14, 2011
The author writes in a balanced and often witty manner about law schools and their effect on US Law - and thus on all Americans.

Highly recommended.
7 people found this helpful
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Reviewed in the United States on March 10, 2011
It's clear from the first few pages that the author doesn't know what really goes on in law schools or what lawyers actually do for a living, and simply has an ideological ax to grind.

Law students learn the fundamentals: contracts, torts, civil procedure, property, criminal law, business associations, taxation, constitutional law, legal research and writing, and ethics and professional responsibility. They learn basic technical skills such as briefing cases, writing research memos, and written and oral advocacy.

This takes about 1.5 to 2 out of the 3 years of law school.

In their remaining time, students take electives, which are usually business law classes such as commercial law, bankruptcy, securities regulation, payment systems, environmental law, insurance, and banking. They may take advanced tax classes such as corporate tax or trusts and estates where they learn how to reduce their wealthy clients' tax burdens. They may take advanced litigation classes such as federal courts or conflict of laws. They may take specialty classes in employment and labor law, family law, etc. There are even a few "fluff" classes like "law & film" for students who are interested-- just as there are fluff classes in business schools and colleges--but very few students from top schools pursue careers in those areas.

Grading is anonymous, so the chances of the professors' views affecting a student's grade are minimal. Students are graded according to their knowledge and skills as advocates, not according to the side for which they choose to advocate.

After students graduate, most of them--especially at the top schools--go to work for high-powered corporate law firms that serve large corporations and high networth individuals. The students in the environmental law classes Olson rails against will go on to help businesses buy and sell real estate without unwittingly taking on liability. The students in the labor and employment law classes Olson rails against will go on to help corporations win court and administrative battles with employees who were laid off or who are attempting to organize unions.

Only a small minority of students are willing or able to make the financial sacrifice required to pursue public interest or government work after graduation, unless you count brief stints as judicial clerks for one or two years. Apparently, even a small handful of public interest lawyers is too many for Olson.

If you're interested in understanding what really goes on at law schools, I suggest reading Law School Confidential (Revised Edition): A Complete Guide to the Law School Experience: By Students, for Students, Planet Law School II: What You Need to Know (Before You Go), But Didn't Know to Ask... and No One Else Will Tell You, Second Edition, or Getting To Maybe: How to Excel on Law School Exams.

Or apply to law school and see for yourself.
28 people found this helpful
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Reviewed in the United States on August 5, 2011
Maybe Shakespeare was right, "first kill all the lawyers" but unfortunately that is not an option.

In Schools for Misrule: Legal Academia and An Overlawyered America by Walter Olson, the author makes the case how our society has systematically gotten more litigious for the wrong reasons. Stemming from the future lawyers, law students, learn in the institutionalized law schools. This has led to a systematic system of mistrust.

Multi track, this book examines a broad view of the law on our society. Starting off that many of our leaders, like President Obama are lawyers.
Olson goes into examples of legends of frivolous law suits that have placed a strain on our system.

He also ventures into universal jurisdiction that blurs national boundaries and cause havoc to sovereignty.
This book also examines the united consequences of policies that attempt to fix one program but end up creating others.
Over all Schools for Misrule: Legal Academia and An Overlawyered America by Walter Olson is an insightful analysis into our modern legal system for anyone wondering out loud "How the heck did we get here?"
3 people found this helpful
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