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Legal Education,
Law Practice

Apr. 24, 2020

Teaching ‘tricks’ and ‘technicalities’?

As a law professor, I make a mistake again and again. I have been working to avoid it, but I also realize everyone else commits the same error. The problem is believing that a move made by a lawyer, whether interpreting a doctrine to ensure compliance or advancing an argument to win in a dispute, is a “trick.”

Frank H. Wu

President Designate
Queens College

Frank is William L. Prosser Distinguished professor at UC Hastings College of the Law.

As a law professor, I make a mistake again and again. I have been working to avoid it, but I also realize everyone else commits the same error. The problem is believing that a move made by a lawyer, whether interpreting a doctrine to ensure compliance or advancing an argument to win in a dispute, is a "trick." Or in showing students on a multiple choice exam question, how the drafters have offered choices that are correct for another context or right in many instances...

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