Tuesday, December 6, 2011
OWS, lawyers, and Catholic legal education
Should Occupy Wall Street protestors include lawyers in their list of grievances? Columbia Law prof Katherine Franke thinks so:
By and large, it's investment bankers who have been in the protesters' crosshairs, but the Occupy Wall Street (OWS) demonstrations also offer an opportunity to consider what role lawyers may have played in the creation of these sophisticated financial instruments, enabling the overreaching decried on the OWS protesters' placards. Behind every credit default swap or short of subprime mortgage-backed assets sit legal counsel sanctioning these practices. The greed that has motivated bankers to sacrifice the public's interests for short-term personal gain has been made possible, in no small part, by the work of lawyers.
As far as remedies, she highlights what should be a strength for Catholic legal education:
As legal educators, we are reminded to teach our students that being a "good lawyer" must include the cultivation of responsible moral judgment. Implicit in the OWS protests is a condemnation of an approach to lawyering that regards all legal rules simply as the price of misconduct discounted by the probability of enforcement: Skirting too close to, if not over, the limits of law is seen as the cost of doing business, or as my colleagues trained in economics call it, "efficient breach."
I don't mean to suggest that the role of the corporate lawyer will always be clear, even from a Catholic perspective, or that corporations do not deserve top-notch legal representation from graduates of Catholic law schools. But if Catholic social teaching is going to have traction among our students, this is a key area for starting the conversation, even if we cannot prescribe -- or sometimes even discern -- easy answers.
https://mirrorofjustice.blogs.com/mirrorofjustice/2011/12/ows-lawyers-and-catholic-legal-education.html