Former Dean Explains You Can't Take The Booze Out Of Law School, But You Need To Be Respectful About It

Instead of swinging one direction or the other, make every event more inclusive.

There are people in this world who complain about law school and while I hear their laments, I’ve never been able to empathize. It was basically college but with lucrative summer jobs to finance the constant partying — an opportunity to substitute Jack Daniel’s for Zachariah Harris. With everyone ploughing through the same curriculum, social gatherings carried an extra communal feel.

The substance abuse problems plaguing the legal industry have forced more institutions to question the reliance upon alcohol-fueled parties. Some Biglaw firms have banned drinking events and replaced them with horrifying body shaming because law firms can’t help but make things worse. But inevitably these pressures would come for the law schools. Just how far can this go?

Stacy Leeds, the former dean of the University of Arkansas School of Law pleads for a more nuanced approach and frankly everyone should follow her lead here.

We first saw this piece late on January 5, but didn’t get to write about it the next day because the Republican Party was too busy trying to assassinate Mike Pence that day. There’s always something.

In a piece entitled, “Can A Tribal Judge Say ‘I Like Beer’?” the former Cherokee Nation Supreme Court justice defends the value of inclusion and the need to avoid sweeping reforms that could fracture the sense of community that law school is supposed to foster. Just consider that not everyone wants to do shots for 4 hours straight and don’t let the fact that you might get in the way of chatting with your sober classmate:

I’ve hosted my share of cocktail receptions and fundraisers with a lot of booze and I have raised millions of dollars that way. And I’m trying to be a lot more more mindful of ensuring real alternatives in all settings. Just like I offer gluten free or vegan snacks so everyone has a meaningful food option AND feels welcome, the same goes for drinks. News flash: water cannot be the only option. Fun “mocktails” are a thoughtful touch and I regret that I didn’t see this earlier in life. I’ll never make that mistake again.

This is the cultural change that the industry needs. Instead of exclusively throwing knock down boozefests or mandatory yoga classes, just endeavor to make every gathering accessible to all. This isn’t a really radical idea — Brian Cuban has covered the need for law firms to carefully consider their non-alcoholic offerings before — but what is different now (even from that 2017 article) is the explosion of self-important mixologists willing to devote time and effort to crafting good drinks. The word “mocktail” didn’t even exist until the late 1970s and wasn’t a staple of social culture until the last handful of years. But it’s here now and can be leveraged to make that student lounge hang out more inclusive.

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Given her background as a Cherokee jurist, it’s also a take that addresses the unique history of alcohol abuse among indigenous peoples.

In Indian country it’s hard to have a real conversation. We shy away from talking about it. I don’t want the first year Native law student who has a few beers to be shunned by our community and made to feel bad about themselves while their classmates in the student bar association have their weekly Thursday night binge. And I want kids who are acting foolish like I did, know that they have a really bright future ahead and need not be defined by their past poor judgments.

Moe the Bartender once told Springfield’s designated drivers on St. Patrick’s Day, “beat it — I got no room for cheapskates,” but people avoid alcohol for a whole range of reasons including family history. Don’t lock them out of the club for that.

TO BE CLEAR, I am not advocating for alcohol consumption at all. Let’s all commit to drinking less, never ever getting behind the wheel again and celebrating those that have given it up completely. I may join them someday. Or I may always enjoy a cold beer as a celebration after running a half marathon. Both approaches are ok.

I know most of you will never be 100% vegan or 100% gluten free. And most of you won’t be 100% sober either. But we can encourage each other to have a better attitude about all things healthy and unhealthy.

This may seem untimely right now as law students are taking classes over Zoom, but eventually everyone’s going to come back together. And when they do, folks can’t let alcohol become a social wedge.

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Can A Tribal Judge Say “I Like Beer”? [Indigenous Well]


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.