The Role of Law
Edited by Megan M. Carpenter
Chapter 5: The Strategic Lawyer
Shubha Ghosh Entrepreneurism is the buzzword today. In the context of politics, the word stands for clever negotiations to maneuver hot-button political issues. In economics, the term often accompanies market-centered, antigovernment intervention policies. Culturally, entrepreneurism captures the spirit of self-help and minimal civic engagement through the provision of services, such as the local restaurant, daycare service, nail salon, or bakery. Law schools reflect this entrepreneurial trend through the creation of Entrepreneurship Clinics and the call to students and faculty to be more “entrepreneurial” in their efforts for finding jobs or funding. With all this extramural and intramural buzz, one has to ask “are lawyers entrepreneurial?” and the broader question “are lawyers creative?” This chapter addresses each of these questions, especially the second. In addressing the questions, I play off against the demonstrated lack of entrepreneurship and creativity within law schools. Certainly, law school administrators seem particularly entrepreneurial and creative in seeking out students, especially tuition-paying ones, in creating an effective profile for the rankings. Such creative endeavors extend to the ability to play faculty off each other to maintain the status quo enjoyed by specific deans and faculty members. But despite the expansion of clinical opportunities and alternative teaching methods (generically referred to as non-Socratic), law schools have been remarkably stable institutions.1 A law dean, professor, or student from a century ago would walk into a contemporary law school and not see much changed, except for improved demographics. I know this because I have respected colleagues (at various schools) who...
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