Legal Education and the Ethics of Acceptance

13 Pages Posted: 29 Jun 2018  

David McGowan

University of San Diego School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: June 14, 2018

Abstract

This paper reflects comments made at the 2018 AALS annual meeting regarding positive and normative critiques of the ethics of legal education. Adopting a nexus of contracts approach, the paper argues that guild practices interfere with reasonable student expectations from a normative perspective, though not as a matter of positive law. The difference between the study of law as an object and the study of law as a practice, and the different payoff structures to the two approaches, accounts for some of this difference, but guild considerations are the root cause. The paper advocates greater flexibility in accreditation standards to facilitate experimentation with different models.

Keywords: Legal Education, Legal Ethics

Suggested Citation

McGowan, David, Legal Education and the Ethics of Acceptance (June 14, 2018). Available at SSRN: https://ssrn.com/abstract=3195962 or http://dx.doi.org/10.2139/ssrn.3195962

David McGowan (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
15
Abstract Views
91
PlumX