Key Titles Every Law Student Should Consider

Fundamental Treatises for New Law Students

Not everyone enters law school with an all-consuming passion for the law, but some texts are so foundational that all law students should read them in their first year, regardless of their specialization. As long ago as 1885, British scholar A.V. Dicey published an important work that is still cited as a source today, Introduction to the Study of the Law of the Constitution. The book, which focuses on constitutional law, set the stage for the constitution of the United Kingdom, influencing even the way scholars engage the study of law to this day. Another must-read classic is The Common Law , by Oliver Wendell Holmes Jr. Historians claim that it is one of the most significant books ever published in English. It examined the theory of natural law, which conferred individual rights that the government could never take away, and challenged the prevailing view at the time. The book’s influence has been felt in jurisprudence through the ages, and its key ideas helped lay the groundwork for later interpretations of the U.S. Constitution. These authors were among the foremost legal thinkers of their time, and their combined works remain vital sources of information for anyone learning about the law.

Pivotal Treatises on Legal Philosophy

Not everything that every law student will read during their time at law school will be required reading for some law and legal theory course a professor offers. But I suggest that all law students read as much of the below as they can. Even if you are not a "philosopher of law (or theory)" these books have offered, and continue to offer, deep insights into and instruct us about, the wide and intricate relationship between law and power.
THE CONCEPT OF LAW by H.L.A. Hart (1961) – The book by one of the greatest legal philosophers of the 20th Century lays bare the idea which has influenced much of our thinking on the nature of law. He argues against Austin’s theory that law is merely a "command backed by sanctions" and asserts that a legal system is a union of primary rules that regulate action, and secondary rules that guide how primary rules are interpreted and enforced. It is a necessary precursor and companion to Dworkin’s brilliant response (explained below).
LAWS EMPIRE by Ronald Dworkin (1986) – Dworkin’s follow-up to his 1967 article "The Model of Rules". In general, it undertakes a critique of positivism, using Hart’s "concept of law" as the central target. It reaffirms Dworkin’s initial argument that there is no law outside the legal institutions of the English courts that exist to apply the law. In an elegant and powerful manner it argues against the method of textual interpretation developed by H.L.A. Hart. I found this work to be the most lucid work by Dworkin and strongly suggest any law student read it, be it for their jurisprudence course or just for their general understanding. It is a powerful and elegant work.

Essential Casebooks

A law student’s education is based on principles of analysis, prediction, and intellectual debate, so casebooks are vital. As such, it’s probably a good idea to find out what your law school will assign shortly after your first-day orientation. However, you’ll be spending so much time on casebooks that you probably won’t want to buy yours at the campus bookstore, and you might want to do some research on casebooks to buy.
Almost certainly the most revered casebook in law schools is Stone’s Constitutional Law. Stone’s is so good because it is not too big, it includes classic cases but also case analysis that continues exploding in numbers, and it uses a unique storyboard format to illustrate case principles that provides other illustrations throughout the book.
Also almost certainly Stephen A. Radin’s Contracts 5th Edition is the most used contracts casebook in law schools. Radin and his co-authors have also thankfully started publishing succinct paperback supplements tracking new developments in contract law.
Trying to determine the most popular torts casebook in law schools is difficult because there is no consensus. Karl Llewelly’s (and Frank Vandall’s) Torts: Cases and Materials is a consistent favorite, and contains a few delightful detailed analyses of causation that are worth reading.

Practice Skills Books

While the first two sections focused on books that shed light on the theory behind what lawyers do, the ever-important skills a law student needs to practice law are address in two of the other categories below. Again, we have an emphasis on books that does not come along with a lot of reading, but focus on how we communicators go about applying these legal rules. I have found Legal Writing in Plain English: A Practical Guide by Bryan A. Garner to be a handy reference source for how to write a more concise and effective brief. I highly recommend going through the practical exercises at the end of each chapter. Also in the how-to book category is Getting To Maybe: How to Excel on Law School Exams by Richard Michael Fischl and Jeremy Paul. This book has been around so long, the authors have begun publishing a new edition every year, on……wait for it……law school exam strategies!

Books Across Emerging New Topics in Legal Studies

A growing number of areas of law don’t lend themselves to the typical law school curriculum, so you’ll have to turn to outside reading to gain insights into these emerging fields.
Technology law
If you want to be a skilled technology lawyer, then you’re going to need to be informed about technology itself. Cybersecurity is a hot area of law, and the best book on security from a technology and legal perspective is Cybersecurity and Cyberwar: What Everyone Needs to Know by P.W. Singer and Allan Friedman. Don’t think for a second that you can coast on cyber law if you’re not a technology expert. In fact, cyber law may be one of the most fast-moving sectors of law today. Whether it’s in responding to the latest data breach or launching an initiative for data privacy, you’ll need to have a good understanding of the tech involved to effectively counsel your client.
Environmental law
Environmental law is made by congress, state legislatures and state agencies, which means that the ground moves quickly . One good intro book on environmental law is The Environmental Law and Compliance Deskbook by Richard J. Heppner and Stephen Bruce. The book was last updated in 2002, so its narrows focus leaves it short in some areas. For example, it doesn’t discuss climate change, because that was relatively new at the time of publication. Fortunately, climate change is addressed in a good introductory volume on advanced environmental law. This book will give you a good overview of the major components of environmental law with an eye toward understanding climate change. If you want to move beyond the basic principles of environmental law, get a deal on International Environmental Law and Policy in Brazil: Reforms, Incentives and Reasoning, in which Laura Alice Watts gives the reader a solid introduction to the world of international environmental rules and dozens of footnotes to sources where you can learn more. It’s not my favorite book on environmental law, but it was cheap used.

Autobiographies and Memoirs of Legal Professionals

The memoirs of notable legal professionals often give law students an intimate view of life in the law. These books provide insights into the habits, motivations, and techniques of some of the most highly accomplished members of our profession. For further insight into the mind of a Supreme Court Justice, check out "My Own Words". Written by Justice Ruth Bader Ginsburg, this book includes commentary from her on various topics. From her upbringing to her rise in the legal world, this book provides perspective on how the Justice views the world. Perhaps you have heard of Bryan Stevenson’s "Just Mercy." Stevenson is legitimately a modern-day civil rights hero. This memoir details his early career and the various cases that impacted him as an attorney. It is an incredible story full of amazing anecdotes. You will find yourself rooting for Stevenson’s heroes and correct in their victories.

Narratives on Legal History

Hopefully you can get a sense on this blog what books I think are most helpful in enhancing your legal education. Hand in hand with history is cultural competence. In terms of cultural competence, if you aren’t reading this book you should be. I just ordered my copy a couple days ago. "A History of American Law" by Lawrence M. Friedman. Harvard University Press. 2006. Negative reviews on the second edition gave the first edition 5 stars. It really is an excellent book. A great starting point for any legal education. This is a general overview of the history of law in America. It should take you back to law school and remind you of what you went through. While attorneys love new theories of interpretation, they still practice in the context of law that has been crafted over the last several centuries. Sometimes it’s good to reflect on why a rule of law is the way it is . While not comprehensive on issues that could be delved into for years (such as how the Constitution is even related to the Magna Carta), this is a great look at how the law developed. By seeing how it all came about you are the wiser for it. You also see how social struggles gave way to legal rules. While many people talk about legal history, usually in legal history and social issues, there’s not enough attention on other social issues. Law does not exist in a vacuum. It’s simply an odd reflection of society. That is not a slap at attorneys. In fact, I have personal respect because my father was a civil rights attorney before he became a judge. He let me tag along as a kid. But the real changes in society often originate with social struggles. There are lots of good books on legal history. This is one I highly recommend.