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Scholarship and Teaching After 175 Years Gordon A University of Cincinnati College of Law University of Cincinnati College of Law Scholarship and Publications Faculty Articles and Other Publications Faculty Scholarship 1-1-2007 Scholarship and Teaching after 175 Years Gordon A. Christenson University of Cincinnati College of Law, [email protected] Follow this and additional works at: http://scholarship.law.uc.edu/fac_pubs Part of the Jurisprudence Commons, Legal Education Commons, Legal History, Theory and Process Commons, and the Legal Profession Commons Recommended Citation Christenson, Gordon A., "Scholarship and Teaching after 175 Years" (2007). Faculty Articles and Other Publications. Paper 154. http://scholarship.law.uc.edu/fac_pubs/154 This Article is brought to you for free and open access by the Faculty Scholarship at University of Cincinnati College of Law Scholarship and Publications. It has been accepted for inclusion in Faculty Articles and Other Publications by an authorized administrator of University of Cincinnati College of Law Scholarship and Publications. For more information, please contact [email protected]. SCHOLARSHIP AND TEACHING AFTER 175 YEARS Gordon A. ChristensonChristenson* * A quarter century ago, I presided at the 150th anniversary celebration of the founding of the Cincinnati Law School. Newly appointed Justice Sandra Day O'Connor came to dedicate the radically refurbished Taft Hall in the spring of 1983 and to say good things about our long history. This year we begin to celebrate the College's 175th anniversary. For its dedicatory issue, the editor-in-chief of the Law Review, Matthew Singer, invited me to write an introduction as well as to reflect on those twenty-twenty­ five years and the challenges and opportunities I see ahead for us. Especially as an emeritus dean and professor, I continue to speak of "our" heritage and "our" future in this unique and remarkable old law school. First, let me thank the Law Review. From its founding in 1927 the Review has been a standard-bearer for scholarly publications and excellence. Student editors aspire to research and write about the law, either theoretically in editing articles from scholars or practically through student notes that judges and practitioners may use in researching and writing briefs, motions, and opinions. It publishes important lectures from leading legal scholars through the Marx and Taft Lecture series and conferences. It has published my own reflections on legal education, several of my scholarly pieces, and my memorials for the departed. I've been honored in having several issues dedicated to my work as dean and also professor. For all that, I am deeply grateful. INTRODUCTION The two reminiscences that follow epitomize a central strength of our urban law school. Each of these inspired teachers is grounded in the worlds of practical expertise and judging. They give us glimpses of the value of teachers who are experienced professionals in our urban setting. Judge Nathaniel Jones litigated some of the most vital national civil rights cases as General Counsel of the NAACP before his appointment to the Sixth Circuit Court of Appeals in 1979, the same year I arrived. I met him and his wife Lillian at a Sixth Circuit Court Conference in Asheville, North Carolina, and he agreed to teach a course~ourse in litigating * Dean Emeritus and University Professor of Law Emeritus, University of Cincinnati College of Law. 1 HeinOnline -- 76 U. Cin. L. Rev. 1 2007-2008 2 UNIVERSITY OF CINCINNATI LALAW WREVIEW REVIEW [Vol.76[Vol. 76 civil rights as an adjunct professor. Now retired from the federal court, he has returned to practice in the city and continues to teach here and elsewhere. Professor and formerfonner judge Marianna Brown Bettman was also one of my earliest acquaintances in Cincinnati. When my wife and I met her and her late husband, Judge Gilbert Bettman, she was an independent practitioner. She then served on the Ohio Court of Appeals, the same court her husband had left to return to the common pleas court, which he preferred. At the end of her tenn,term, Dean Joseph Tomain invited her to teach full time in her areas of broad practical expertise as urban lawyer and judge.judge. Her reminiscence reveals an affectionate interconnection between her law studies, which prepared her for her career as lawyer and judge, and her return with that experience to teach future lawyers and judges. Our earliest teachers were great lawyers and judgesjudges from the community, and most had national reputations. What has crystallized within the faculty in recent years explains the strength of this urban law school in fusing theoretical and practical leaminglearning in law for the benefit of both students and the larger society. This integration emerged quite authentically from tensions between theory and practice over the last 175 years, and it is this evolution that I'd like to reflect upon. What was the view from our founders? How did the most distinguished lawyers and judges from within our city become the core of the faculty? When did full time scholars join the faculty? Why did the private Cincinnati Law School merge with the University of Cincinnati and what tensions resulted from that merger? How did this experience lead to the faculty we have today offering both theory and practice in what has become a premier small urban law school of today and tomorrow? There is no need to list the most famous of our famous alumni-two United States Supreme Court justices, a president, a vice-president, federal and state judges, elected officials, speakers of the U.S. House of Representatives, Ohio governors, ambassadors, leading members of the bar who excel in creative lawyering. All of our alumni have helped build a first-rate law school whose human size and spirit suits the place of its birth. Its quality has grown within the culture and enterprises of an urban hub linked by regional, national, and global networks, sustained by a university long seen as a "success story in urban higher education."education."' 1 To accomplish all this in a contemporary urban law school with its I.1. REGINALD C. MCGRANE,McGRANE, THE UNIVERSITY OF CINCINNATI: A SUCCESS STORY IN URBAN HIGHER EDUCATION (1963). HeinOnline -- 76 U. Cin. L. Rev. 2 2007-2008 2007] SCHOLARSHIP AND TEACHING AFTER 175 YEARS 3 distractions of life in a mid-sized city is no easy feat. Far from an idyllic model campus life of earnest and quiet study, an urban law school offers the splendid but difficult challenge of integrating academic study of law for law students with that of analytic and applied skills "viewed from the inside" of tough human problems through the language and symbols of practice. Students are drawn inside through applied knowledge accepted as best practice by those practicing, judging, or teaching law professionally within the city and other networks.22 A VIEW FROM THE FOUNDERS When the Cincinnati Law School began in 1833, it was immediately seen as an academic advance, for it shortened the time that an apprentice had to read law in law offices before entering the profession. The school was the creation of Timothy Walker,3Walker,3 Edward King,King,44 and Judge John C. Wright,Wright,55 with Walker the first dean. In 1835, it merged with the private Cincinnati College, which merged with the public municipal University of Cincinnati toward the end of the nineteenth century.6century.6 That much 7 history is well known.7 Not as much is known about the nineteenth century rules governing student behavior in the Cincinnati Law School. In the academic year 1837-38, for example, published rules of conduct forbade dueling among students. And law students were permitted to enter a tavern only in the presence of one of their professors. Corporal punishment was prohibited as the means to stimulate study, but allowed in cases of continued willful disobedience with the discretionary use of the rod by the instructor. I found a complaint by Alphonso Taft who wrote that his son, son, William Howard Taft, during his time as a law student,8 had "too much time for leisure and the pursuit of wicked pleasure.,,8pleasure." For over half-a-century the Cincinnati Law School faculty-made up 2. See H. L. A. HART, THE CONCEPT OF LAW 79-99(2d79-99 (2d ed. 1994). 3. A transplanttransplant from Massachusetts, having studied law at Harvard with Justice Joseph Story of the United States Supreme Court. 4. Son of Rufus King, thethe distinguished member of thethe Continental Congress and Constitutional Convention and presidential candidate in 1816; graduate of the Litchfield School of Law in Connecticut and Walker's lawlaw partner in Cincinnati. 5. Member of the Ohio Supreme Court and former member of Congress. 6. In 1977, the University of Cincinnati became part of the State of Ohio university system. 7. See Irvin C. Rutter & Samuel S. Wilson, The College of Law: An Overview 1833-1983, 52 U. CIN. L. REV. 311 (1983); Roscoe L. Barrow, Historical Note on the University of Cincinnati College of Law (Cincinnati(Cincinnati Law School),Sebool), in THE LAW IN SOUTHWESTERN OHIO 289 (George P. Stimson ed. 1972). 8. See H. PRINGLE, I THE LIFE AND TIMES OF WILLIAM HOWARD TAFT 50 (1939) (quoted in Rutter & Wilson, supra note 7, at 324). HeinOnline -- 76 U. Cin. L. Rev. 3 2007-2008 4 UNIVERSITY OF CINCINNATI LAWLA WREVIEW REVIEW [Vol.[Vol.76 76 of practitionerspractItioners and judges-offeredjudges--offered instruction from lectures, recitations and examinations on hypothetical cases and moots. They used Timothy Walker's treatise, Introduction to American Law first published in 1837 and other texts. Though influenced by Blackstone, organized under Roman law concepts and inspired by Associate Justice Joseph Story, Walker's book was uniquely American.
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