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64 Fla. L. Rev. Forum 1 (2012)

handle is hein.journals/flrf64 and id is 1 raw text is: 






IMAGINING THE OPEN ROAD


                            Brooks Holland*

IN TRODU CTION  ....................................................................................  1

     I.  THE OPEN ROAD TO THE AMERICAN DREAM ....................... 2

     II. THE VIRTUE OF THE OPEN ROAD ........................................... 4

C ON CLU SIO N ......................................................................................... 8

                             INTRODUCTION
    I first read a draft of Nancy Leong' s Article, The Open Road and the
Traffic Stop. Narratives and Counter-Narratives of the American
Dream (Open Road), while my law school was preparing to host a
conference on race and criminal justice. To our great fortune, Professor
Leong accepted our invitation to present this thoughtful paper. I now
have re-read the Open Road to write this response paper while
additionally considering Articles by David Segal, Stanley Fish, and
others debating aspects of legal education-in particular, the role of
faculty scholarship.3 My repeated engagements with the Open Road
confirm that it contributes beautifully to legal education as the sort of
scholarship praised by Professor Fish: academic inquiry into a
purposive... vision for the project of law.4
    In this brief response paper, I first will summarize my understanding
of the Open Road. Next, I will assess the value of Professor Leong's
Article in the context of recent debate about the relationship, or tension,
between academic scholarship and education for the practice of law. In
the end, I embrace the Open Road, not only as high-level scholarship,
but as a virtue in legal education.

      * Assistant Professor and Gonzaga Law Foundation Scholar, Gonzaga University
School of Law. Many thanks are due to Mary Pat Treuthart for helpful comments.
     1. 64 FLA. L. REV. 305 (2012).
     2. The conference, titled Race and Criminal Justice in the West, was held in
connection with the Washington State Task Force on Race and Criminal Justice. For
information on the conference, see Conference Addresses Role of Race in Criminal Justice
System, Gonzaga University School of Law, http://www.law.gonzaga.edu/News-and-
Events/201 1 race-justice-conference.asp (last visited Jan. 14, 2011). For the Preliminary
Report of the Task Force, see Robert S. Chang, Preliminary Report on Race and Washington's
Criminal Justice System, 87 WASH. L. REV. (forthcoming  2012), available at
http://ssrn.com/abstract/=1966113 (last visited Jan. 14, 2011).
     3. See David Segal, What They Don't Teach Law Students: Lawyering, N.Y. TIMES
(Nov. 19, 2011), available at http://www.nytimes.com/2011/11/20/business/after-law-school-
associates-learn-to-be-lawyers.html; Stanley Fish, Teaching Law, N.Y. TIMES (Dec. 12, 2011),
available at http://opinionator.blogs.nytimes.com/2011/12/12/teaching-law/.
     4. Fish, supra note 3.

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