Re-examining the Three-Year Legal Education Through a Critical Theory Lens

Paula A. Monopoli, Remembering the Origins of Modern Legal Education, 85 University of Pittsburgh Law Review 305 (2023)

American legal education came under tremendous pressure in the wake of the 2008 financial crisis. That crisis precipitated a decline in law school applications and a concomitant decrease in the size of American law school enrollments during the 2011-2012 academic year. Commentators offered a myriad of proposals for reforming legal education during that period. Yet many of those proposals failed to gain traction, and a decade later legal education looks much the same, albeit with smaller enrollments. One of those proposals was to shorten the three-year course of study. In this Article, I revisit the origins of that long-standing feature of American legal education introduced by Christopher Columbus Langdell, Dean of Harvard Law School, in the nineteenth century and later embraced by the legal education's regulatory bodies in the twentieth century. Viewed through a critical theory lens, its intractability can be explained, in part, by the persistence of exclusionary impulses and masculine norms in the legal profession from its origins to the current day. This Article proposes that American law faculty revive previous conversations about the value of this central design feature. And the subordinating effects of that feature should be a factor in weighing the costs and benefits of moving to a shorter course of study.