Stephanie Hunter McMahon (Cincinnati), What Legislation Colleges Should Change to Prepare Transactional Attorneys, 43 Tempo L. Rev. 106 (2022):

Not all legal professionals litigate, however you wouldn’t know that from the first-year curriculum at most legislation faculties. Regardless of 50% of legal professionals working in transactional practices, faculties don’t incorporate its authorized doctrines or expertise within the foundational first yr. That the Progressives pushed by way of antitrust legal guidelines and the New Sellers based the fashionable administrative state reframed how folks use the legislation, notably in transactional practices, and must be given equal weight because the appellate-based widespread legislation in any authorized introduction. However, the legislation college mannequin created by Christopher Columbus Langdell within the 1870s stays dominant. As this assessment of fifty-four legislation faculties’ required curricula reveals, legislation faculties have largely retained Langdell’s curriculum. This negatively impacts younger transactional legal professionals as a result of their crucial first yr doesn’t present them the legislation as a preventative, problem-solving apply.