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Schools for Misrule: Legal Academia and an Overlawyered America Hardcover – March 1, 2011
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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.
- Print length296 pages
- LanguageEnglish
- PublisherEncounter Books
- Publication dateMarch 1, 2011
- Dimensions6.25 x 1 x 9 inches
- ISBN-101594032335
- ISBN-13978-1594032332
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About the Author
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
- Best Sellers Rank: #4,097,060 in Books (See Top 100 in Books)
- #1,172 in Legal Education Profession
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Highly recommended.
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.
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?"
