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14 Syllabus 1 (1983)

handle is hein.journals/syllabus14 and id is 1 raw text is: American Bar Association Section of Legal Education and Admissions to the Br Volume XIV, Number 1 ES&IS:: Pro andl g~ Should Social Change Emerge from Courts and Classroom? N o by Alexander 'froy Yes by Kathleen M. Harte The relative share of power 1n spite of all the fervor of the long accorded to the judiciary in the lived debate over the appropriate fede-al system has increased roles of the legislature and the tremendously in recent history. The judiciary, few helpful conclusions simple explanation of this have emerged. The issue remains a By AL phenomenon many would say difficult and important one with problem---is the willingness of which the legal profession will Aft certain courts to adjudicate issues continue to wrestle without Aeve and fashion remedies that have resolving much of anything. prepa traditionally been regarded as the From this, two questions emerge. matur responsibility of elected officials. First, is it a bad thing that the debate numb Numerous examples come to mind: persists? Probably not. The issue Amer courts now routinely manage use schools, hospitals, and prisons. Law schools have a servic While a political scientist could mid-1 identify many factors that underline fundamental obligation to peopl this trend, legal education, help their students learn how type particularly at H-arvard Law School an ex is certainly an important one, and it to think about the law, a which will continue to contribute to the prOcess that involves... meml problem of excessive judicial r conclusions The management of our society. reaching today First year education at Harvard about whether the law labor memt Law School is surprisingly political, akes sense. insur mark This vision of achieving raises fundamental questions about polii, the good is fundamentally the way we manage this country, It mech cter- o o ita i t deserves constant and probing indivi counter-najoritarian, and for review. Second, what contribution which that reason, it is also unwise, can a law school appropriately make coven to the debate? Answering this are in question requires a review of a law and t school's responsibilities to its While the traditional core of schoolts resposibli t its affini intodctrycorss ashadl students and to the public that its holds: introductory courses has hardly graduates will serve. These od changed, the themes of many ofates illiserve The union them have changed radically. Civil rivpnsiuilies extend far beyondttri proeduethecorsetha eamies giving students a black letter prct procedure, the course that examines foundation in the law. Law schools in the the nature of a lawsuit, is an have a fundamental obligation to plans xcellent example of this help their students learn how to reque transformation. Traditionally, think about the law, a process that establ lawsuit was regarded as a battle for involves in part reaching conclusions menti retrospective redress, and the impact about whether the law makes sense. of the contest was usually limited to The law affects everyone, but kinds its participants. This view of because of their training lawyers inscre litigation has been replaced, one have a special responsibility to think Harvard professor explains, by a about the law. Because thinking Pine new model called public law about the law sometimes leads to a inge litigation. ' conclusion that the law doesn't make Moto Public law litigation is a sense, lawyers must understand the legal euphemism for all the controversial various mechanisms through which benef activities that judges have change occurs. Law schools must and n undeitaken. reating remedies help students examine these tarti Continued on pige 2 Continued on page 2 r March, 1983 P repaid Legal Services Present Job Opportunities 'c M. Schiarz er ten years of research, opment and experimentation, id legal service plans have red to the point that significant ers of middle-income icans are routinely eligible to os resource to meet their legal e needs. It is estimated that by 983, approximately six million e will be covered under some of plan, most of which provide ensive range of legal services are available to plan ers. e majority of plans in existence are sponsored by employers or unions as an employee or ber benefit. In addition, rnce companies have begun to et legal expense insurance es through a variety of anisms which allow an dual to purchase a policy pays attorney fees for specific sd matters. These insured plans arketed to the general public individual members of ty groups such as credit card rs and members of credit as and associations. Private tioners are becoming involved establishnent of legal service either by virtue of having been sted to develop a plan for a or by participating in plans ished by one of the groups oned above. expansion in the numbers and of prepaid legal plans will isingly provide employment rtunities for lawyers interested neral practice. For example, the d Auto Workers and General rs have agreed on a prepaid service plan which will provide its to over 350,000 employees nembers of their families ng in the spring of 1983. A similar plan is presently in operation for employees of Chrysler Corporation, and a plan for American Motors employees covered under the UAW contract is scheduled to begin in September 1983. As insurance companies such as Prudentia,-d Midwest Mutual, The Travelers, Bankers Life and Casualty, and John Hancock develop their policies and recruit more groups, opportunities will exist for lawyers in general practice to become participating attorneys under these plans. Such participating attorney arrangements are also used by plans sponsored by state and local bar associations in certain areas. In addition, at least one large legal clinic organization has become involved in prepaid legal services. Hyatt Legal Services, based in Kansas City, is engaged in expanding their network of legal services offices not only for their traditional walk-in business, but also to provide services to participants in legal service plans for which Hyatt serves as the service provider organization. For those interested in learing more about prepaid legal services the American Bar Association has established the American Prepaid Legal Services Institute headquartered in Chicago as a resource for information and technical assistance. In addition, many state bar associations have established committees on prepaid legal services that can also be of help. For more information, contact the American Prepaid Legal Services Institute. 1155 East 60th Street, Chicago, IL 60637. Alec M, Schwartz is executive director of the American Prepaid Legal Services Institute in Chicago.

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