About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

111 Cal. L. Rev. 1 (2023)

handle is hein.journals/calr111 and id is 1 raw text is: 











         The Purpose of Legal Education



                           Etienne   C. Toussaint*


          When  President  Donald  Trump  launched  an assault on diversity
     training, critical race theory, and The 1619 Project in September 2020
     as  divisive, un-American  propaganda, many law students were
     presumably   confused.  After all, law  school  has  historically been
     doctrinally neutral, racially homogenous, and socially hierarchical. In
     most  core law  school courses, colorblindness  and  objectivity trump
     critical legal discourse on issues of race, gender,  or sexuality. Yet,
     such   disorientation  reflects  a  longstanding    debate  over   the
     fundamental  purpose  of law school. As U.S. law schools develop anti-
     racist curricula and  expand  their experiential learning programs  to
     produce  so-called practice-ready lawyers for the crises exposed by the
     COVID-19   pandemic,   scholars continue to question whether and how,
     if at all, the purpose of law school converges with societal efforts to
     reckon  with America's legacy of White supremacy.
          This  Article  argues   that  the  anti-racist, democratic,  and
     movement lawyering principles advocated by progressive legal
     scholars should not be viewed  merely as aspirational ideals for social
     justice law  courses. Rather,  querying   whether  legal systems  and
     political institutions further racism, economic oppression,  or social
     injustice must be viewed  as  endemic  to the fundamental  purpose  of
     legal education.  In  so doing,  this Article makes   three important
     contributions to the literature on legal education  and philosophical


         DOI: https://doi.org/10.15779/Z38G73749G
         Copyright © 2023 Etienne C. Toussaint.
      *  Assistant Professor of Law, University of South Camlina School of Law (B.S.,
Massachusetts Institute of Technology; M.S.E., Johns Hopkins University; J.D., Harvard Law School;
LL.M, The George Washington University Law School). I thank the many colleagues who pmvided
helpful comments and constructive feedback on drafts of this Article, including the participants of the
2019 Lutie-Langston Writers Workshop at the Washington and Lee University School of Law, the 2019
Clinical Law Review Writers Workshop at the New York University School of Law, the 2019 John
Mercer Langston Writers Workshop at Howard University School of Law, the AALS Section on
Pmfessional Responsibility at the 2022 American Association of Law Schools Annual Meeting, Sheldon
Luke, Matthew Shaw, Phyllis Goldfaib, Susan Jones, Sheldon Evans, Renee Nicole Allen, Samantha
Prince, Emily Grant, Jacqueline Fox, Benjamin Barton, and Renee Knake Jefferson. I also thank Victoria
Hermann and Sabrin Qadi for research assistance, and Vanessa McQuinn and Ashley Alvarado for
editorial assistance. I am especially grateful to the editors of the California Law Review for exceptional
editing and support during the publication process. Finally, I thank Ebony, Etienne, Edward, and
Erwin  I am, because we are. Any errors or omissions contained in this Article are my own.


1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most