Law360, New York (December 8, 2016, 4:20 PM EST) -- Every lawyer who has gone through legal training in the U.S. knows that our system of legal education relies almost exclusively on case analysis and analytical thinking, with the intentional exclusion of moral and emotional considerations, to teach students to “think like a lawyer.” The argument for this dispassionate form of training is that in a society founded upon rule of law, this system allows for stability and certainty in our dealings with one another.
Yet this pedagogical construct has had serious unanticipated impacts. While the analytical model may be ideal for case analysis, it is far from being the most...
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