On Strategy

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Publication Title

Fordham Law Review

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This Article is the first exploration in the legal literature of the process of creating strategy (Part IA), of the effect of temperament on strategy (Part IB), and of the ways in which strategy is learned and most effectively taught (Part II). Part III considers some moral problems raised by both strategic instrumentalism and law school teaching heavily flavored with it. Because strategic creativity in law has not been rigorously studied, this Article necessarily draws on insights from other fields. Part II, in particular, does not and cannot ultimately resolve all the questions it raises, because strategizing is not merely the most essential lawyering skill: it is also among the most difficult to teach. Much further inquiry will be needed before the pedagogy that most effectively imparts it is fully understood.



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