Monday 11 July 2011

Chief Justice John Roberts on relevance (or irrelevance) of legal academia

A recent post on the Legal Skills Prof Blog points to an interview with U.S. Supreme Court Chief Justice John Roberts at the Fourth Circuit Court of Appeals' 77th annual judicial conference. A video of the 47 minute interview is available on C-Span.
The blogpost specifically talks about Justice Roberts' comments on the relevance of legal scholarship to the practice of  law,  as evidenced by law review publications. You can watch this part of the interview by forwarding the video to minute 28:50. Dean Raymond C. Pierce of the North Carolina Central University School of Law in Durham, N.C., poses this question to Chief Justice Roberts:
“Your comments earlier about the use of your law clerks caused me to think about a comment by Judge Harry Edwards of the D.C. Court of Appeals where Judge Edwards strongly suggests that our judiciary on all levels, and the practicing bar, are unfortunately too disconnected from our academies, from our law schools. I want to know your thoughts on that as to whether or not you agree with that or whether you think the relationship between the practicing bar and the bench, and our legal academy, our lawschools is fine, or whether or not there is some impact on instruction as it relates to the good future of our profession.”
Chief Justice Roberts replies:
"Judge Edwards and I are on the same page on that point. There IS a great disconnect between the academy and the profession. Pick up a copy of any law review… and the first article is likely to be (on an abstract topic) that I’m sure is of great interest to the academic who wrote it, but isn’t of much help to the bar. Now I hasten to add, I don’t think there’s anything wrong with that. If the Academy wants to deal with the legal issues at a particularly abstract and philosophical level that’s great, that’s their business, but they shouldn’t expect that it would be of any particular help or even interest to members of the practicing bar or judges. At the same time we’re not looking for vocational guidance like “this is how you fill out the form for an entry of appearance”. At the same time, I do think that if the academy is interested in having an influence on the practice of law, on the development of law, they would be wise to stop and think, “Is this area of research going to be of help to anyone other than other academics?”. It’s their business, but people ask me what the last law review article I read was, and I have to think very hard before coming up with one."

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