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Death of Commercial Law Has Not Been Greatly Exaggerated
By Amy Wong


Larry
T. Garvin, law professor at Michael E. Moritz College of Law at Ohio
State University, encourages the resuscitation of commercial law in his
forthcoming article, “The Strange Death of Academic Commercial Law,”
which will appear in the Ohio State Law Journal. 

 

Garvin has observed that the study of commercial law has been seriously neglected in the last two decades.  At
a time when law schools and law faculty are springing up like
wildflowers, the number of commercial law professors has been steadily
declining, especially at top law schools.

 

Garvin
theorizes that this phenomenon has occurred, in part, due to the boom
in commercial law after the enactment of the Uniform Commercial Code in
the 1960s.  Because there was such an overemphasis on
commercial law at that time, interest in this topic decreased only to
be replaced by enthusiastic interest in bankruptcy and intellectual
property law. 

 

Further exacerbating this problem, law schools have been placing less emphasis on curriculum when hiring law faculty.  Garvin says, “This attitude may explain in part the lack of young commercial law scholars at most of the top schools.  If
few promising juniors have any interest in those areas, the top schools
will, rather than dip lower in the pool, hire in other fields.”


Garvin
hypothesizes, “The question is whether it will remain a topic for
inquiry at the best law schools, which traditionally have provided most
American law teachers and most intellectual leaders of our profession.  Here we risk a vicious cycle.  If
students at these top schools do not have the chance to take commercial
law; if it is taught mainly by adjuncts or by lesser figures; if they
do not see articles in the field published in the leading
journals--then they will draw the sensible conclusion that the field
isn’t as important as others where these are not true and transfer
their attentions elsewhere.  Without a fresh supply of
academics, trained at the best schools and skilled in the newest
analytical methods, commercial law in the academy is in danger of
becoming an intellectual backwater.”


What can law schools do to save commercial law?

 

1.   Offer more commercial law classes, especially at top schools.

2.   Concentrate on a well-rounded curriculum and hire more commercial law professors. 

3.  
Be fairer when counting citations because there aren’t many journals
and publishing opportunities for commercial law experts.

URL: http://moritzlaw.osu.edu/faculty/digest.php?ID=63


Posted on: 03/01/2007 09:01 AM | Number of feedback 6


Feedback


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