How Critical Legal Studies Transformed Law Schools with Rebecca Roiphe | Ep 28

Jan 21, 2025

Rebecca Roiphe, a Trustee Professor of Law at New York Law School and author of "The Devil's Advocate," explores the evolution of legal education over the past fifty years. She discusses how the Critical Legal Studies movement transformed law schools, shifting their focus from professional training to social justice. Roiphe highlights the implications of this shift for democracy, the manipulation of legal principles, and the need for inclusive dialogue in addressing legal disparities. Her insights illuminate the ongoing tension between ideals and realities in legal practice.

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INSIGHT

Critical Legal Studies (CLS)

Critical Legal Studies (CLS) posits that law is infinitely manipulable and used by the powerful.
CLS aims to wrest law from the powerful and use it for marginalized groups.

INSIGHT

American Legal Realism

American legal realism suggests law isn't solely determined by written words.
It emphasizes "law in action," where officials' actions shape legal reality.

ANECDOTE

CLS in Law School

Rebecca Roiphe's law professors taught critical theory in first-year law classes, not just procedures.
One professor rejected negligence, focusing solely on economic analysis of law.

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What happens when the principles of law clash with evolving ideologies in academia? Join us today as we delve into the transformative journey of legal education with Rebecca Roiphe, a lawyer, visiting fellow at the Siegel Center for Academic Pluralism, and author of the upcoming book, "The Devil's Advocate: How Law Schools Abandoned the Law."

In this compelling episode, Rebecca Roiphe outlines the transformative shifts within legal education over the past fifty years, moving from a focus on rigorous professional training to a mission oriented towards achieving social justice through law. This transformation is significantly influenced by the Critical Legal Studies (CLS) movement, which posits that law is not a neutral framework but rather a tool manipulable by those in power. Rebecca provides a nuanced exploration of how CLS morphed from an intellectual movement into a dominant force in contemporary legal education and its broader implications on the legal profession and democracy.

In This Episode:

The transformation of legal education over the past fifty years
Impact of the Critical Legal Studies (CLS) movement on law schools
The evolving mission of law schools from professional training to social justice
Intellectual origins and key figures in CLS
Challenges within the legal profession due to ideological siloing
Implications for the rule of law and democracy

About Rebecca:

Rebecca Roiphe is a Trustee Professor of Law at New York Law School, focusing on the history and ethics of the legal profession. She has clerked for the First Circuit US Court of Appeals and served as a prosecutor in Manhattan. Her research examines the recent history of law school curricula, particularly how legal education has fostered viewpoint homogeneity.

Her upcoming book, The Devil's Advocate: How Law Schools Abandon the Law, will trace changes in American legal education over the past fifty years, highlighting the shift from rigorous training for a service profession to promoting a social justice agenda. Rebecca argues that law schools have moved away from open debate and professional training, contributing to a decline in democratic principles and individual liberty. Her opinion pieces appear in various outlets, and she is a sought-after expert on legal ethics and criminal justice.

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