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LIRA@BC Law

Abstract

This article proposes the formation of a new law school, the Holmes School of Law. The curriculum of the Holmes School would draw upon legal realism, particularly as articulated by Oliver Wendell Holmes. The proposed curriculum would focus on educating students about “law in fact”—how law is actually experienced. It rejects the idea that legal education should be about reading cases written by judges who not only bring their own biases and cultural understandings to their role, but who also ignore law as experienced, which, in the end, is what law is. This disconnect is especially troubling because virtually all legal education ignores law as experienced by low-income people. The article concludes with responses to anticipated objections to the proposal.

Files

File nameDate UploadedVisibilityFile size
02_rubinson.pdf
8 Sep 2022
Public
418 kB

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Metadata

  • Subject
    • Jurisprudence

    • Legal Education

    • Legal History

    • Legal Profession

  • Journal title
    • Boston College Journal of Law & Social Justice

  • Volume
    • 35

  • Issue
    • 1

  • Pagination
    • 33

  • Date submitted

    8 September 2022