Isra Syed & Talya Lockman-Fine —
Many of us came to law school interested in how the law can advance social justice, only to find ourselves disoriented by a 1L curriculum seemingly uninterested (and often hostile) to these questions. We encountered the Coase theorem in torts and Pareto optimality in contracts, but were given no vocabulary to understand the politics underlying these ideas. We were told that matters of economic redistribution were irrelevant to constitutional law, without any rigorous interrogation of why and how this came to be. And we were told that the laws of the market have no bearing on racial and gender equality, despite their tremendous power in ordering modern society.
This experience convinced us that we need other modes of analysis. For many law students, required core courses – typically including constitutional law, contracts, civil procedure, criminal law, property, and torts – are the first introduction to what the law is and how to understand it. As such, they should be our first entry point into modes of critical analysis of the law in relation to power.