How to Teach the Rule of Law
Educators can prepare future lawyers to navigate turbulent times
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How do I prepare to work in public interest or government roles where legal norms may be under threat? How should l respond when political figures attack judges in bad faith? What are my ethical responsibilities in defending the rule of law? How can I maintain professional integrity in a highly politicized legal environment?
Law students around the country are urgently asking these and other questions in response to the Trump administration’s unprecedented attacks on the judiciary, individual judges, and the broader legal system. As a law professor, I also have questions: How can I cultivate resilience and ethical courage in my students in this politically charged environment? How can I prepare them to traverse a rapidly changing professional and legal landscape? How can I instill respect for legal standards and values?
Many of my students are frightened by what they see as increasingly lawless actions by the Trump administration. Some even have serious personal concerns about family members who are facing deportation. What do I say to these students? How can I best support them during turbulent times?
In an era marked by challenges to legal and democratic norms, the role of legal education—and those who teach it—has never been more critical. As law professors, we are uniquely positioned to guide students through not only the complexities of legal doctrine but also the ethical and civic responsibilities that come with entering the legal profession. By fostering open dialogue and equipping students with intellectual and ethical tools, we can help reinforce the core principles of the legal profession—justice, integrity, respect for the rule of law—and equip the next generation of lawyers to uphold these ideals.
I recognize that these are lofty aspirations during a time of serious challenges. I don’t have all the answers, but I do have guiding tenets that frame how I approach both teaching a class and having one-on-one conversations with my students. Here are seven key strategies for engaging law students in nonpartisan, principle-based conversations.
First, ground classroom discussions in core legal principles. At a time when some politicians are questioning the validity of and manipulating legal institutions, professors need to reaffirm foundational doctrines such as due process, equal protection, judicial independence, and the separation of powers. We must state that these principles are not historical artifacts or academic abstractions; they are the bedrock of the US legal system and our democracy. This pedagogical approach creates a neutral foundation for conversations rooted in legal precepts, not politics.
Second, instill the legal ethics lawyers must adhere to throughout their careers. These include candor, confidentiality, avoidance of conflicts of interest, zealous yet lawful advocacy, and respect for the rule of law. I teach tax law. I tell my students to act aggressively on their clients’ behalf in terms of tax planning, but I also warn them to avoid lies, deceitful behavior, and the manufacture of positions that have no valid legal basis. I remind them of their twin ethical obligations to both support their clients and uphold the legal system. Law professors can also model integrity in their classrooms by practicing intellectual honesty, including by acknowledging competing perspectives without editorializing or oversimplifying them.
Third, provide historical context and frame current events in light of previous controversies. Although most complied with court orders, past US presidents have acted in ways that some members of the legal profession perceived as challenging the judiciary. Andrew Jackson disregarded the Supreme Court’s decision barring the removal of Native Americans; Franklin D. Roosevelt proposed expanding the membership of the Supreme Court to gain favorable votes; and Richard Nixon, claiming executive privilege, initially resisted handing over tape recordings and other evidence related to the Watergate scandal. By comparing the past to the present, professors can help students identify patterns and evaluate whether recent incidents cross new lines or, rather, reflect long-standing tensions.
Fourth, focus on facts and sources of law like cases, statutes, and regulations. Point to specific, real-world examples, such as President Donald Trump’s call to impeach federal judges who rule against executive orders or his administration’s efforts to bar certain law firms from entering federal buildings. Help students analyze these current situations through the lens of legal precedents, judicial ethics, and constitutional interpretation rather than with an emotional or partisan viewpoint. We can ask our students, How should a court or a judge respond? What legal remedies exist for this situation? How might such actions affect public trust in the judiciary?
Fifth, promote open and respectful dialogue. Legal education is not just about mastering statutes and case law. It’s also about learning to engage with opposing viewpoints, challenge assumptions, and refine arguments through reasoned debate. I cultivate a culture of civil discourse in my classroom by setting clear expectations for respectful engagement. I discourage personal attacks and encourage students to ground their arguments in legal logic, not partisan loyalty. I want them to practice the frameworks that exist within the law for structuring and negotiating disagreements. This pedagogical approach also models what should be happening in the wider legal profession.
Sixth, encourage viewpoint diversity. I include readings from a range of ideological, cultural, and experiential perspectives to encourage my students to think beyond their own worldviews. For example, as a professor at the Ohio State University, I teach in a conservative-leaning state and have many politically conservative students. My tax policy seminar syllabus includes both Dorothy Brown’s The Whiteness of Wealth: How the Tax System Impoverishes Black Americans—and How We Can Fix It and issue briefs from the Tax Foundation, a tax policy research organization. My goal is not to have students simply accept either Brown’s liberal viewpoint or the Tax Foundation’s more conservative perspective but to rigorously engage with both works. For example, if students object that race should not be considered in tax policy, I welcome their words and ask them to articulate their reasoning. Such discussions help students understand other perspectives and prepare them for situations in which they may need to present arguments with which they personally disagree.
For my fellow law professors who fear political or administrative backlash to the content of their teaching: please know that what you are feeling is valid, but we must still expose our students to a diversity of perspectives and engage them in robust classroom debates. When conflicts arise, we can treat them as teachable moments rather than as problems. We have opportunities to demonstrate that difficult discussions can be manageable and productive.
Finally, listen to students with empathy. Many students feel disoriented and concerned by current events. Furthermore, law school is always a time when students grapple with difficult materials—such as cases involving racial injustice, gender discrimination, or abuse of power—that may intersect with their lived experiences in challenging ways. Staying attuned to students’ emotions does not mean you must lower academic rigor. Instead, it means recognizing that the law affects real people and that students bring their full identities and backgrounds into the learning environment. Always find ways to let students know you support them regardless of whether you personally agree with their viewpoints. Empathetic listening also models the kind of lawyerly attentiveness that clients and legal colleagues expect and value.
In an age when legal norms are increasingly being tested, law schools have a critical role to play. Law professors who teach with clarity, courage, respect, and constitutional fidelity can help their students become both lawyers and guardians of democracy.
As law professors, we can reinforce the enduring values of the legal profession—and empower the next generation to defend them. In these times of legal uncertainty and political polarization, our students are looking to us not only for knowledge but also for wisdom, integrity, and moral clarity. By cultivating critical thinking, empathy, and ethical reasoning in our students, we can prepare them to become principled advocates, lawyers, and judges. In doing so, law professors play a vital role in sustaining the legal system’s legitimacy and ensuring that future generations of lawyers are equipped to uphold justice, even in the face of adversity.
Illustration: iStock
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