‘What Law Should We Teach?’

Adam J Hirsch, Teaching Wills and Trusts: The Jurisdictional Problem, 58 St Louis University Law Journal 681 (2014). Law professors strive to stimulate student thinking not only about what the law is but also about law’s potential – what the law might or should be. In a conventional doctrinal law school class such considerations are likely to supplement, not supplant, teaching the law as it exists and is applied. But the conventional approach turns out to be surprisingly controversial, at least in the wills and trusts arena. Some wills and trusts professors choose to focus exclusively on model rules, many of which are not widely adopted. Conceived this way, the wills and trusts course is, ‘to a certain degree, detached from reality’. So writes Professor Adam Hirsch, in his concise and pithy contribution to the Saint Louis Law Journal’s symposium on teaching wills and trusts law, Teaching Wills and Trusts: The Jurisdictional Problem …” (more)

[Kent Schenkel, JOTWELL, 15 September]

First posted 2015-09-20 09:00:35

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