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Last Lecture: Kristen Eichensehr on ‘why law and lawyers matter in a world of rampant law breaking’

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Professor Kristen Eichensehr’s “Last Lecture” argues that law and lawyers remain essential even amid accelerating political, technological, and international upheaval. She structures her talk around three themes: expecting the unexpected, pacing oneself, and defending law’s relevance in a time of rampant lawbreaking.

1) Expect the unexpected

Eichensehr says graduates are entering a world marked by rapid, destabilizing change—domestically and internationally. She points to shocks experienced during her own academic lifecycle, including 9/11, the Iraq invasion, the 2008 financial crisis, and COVID, and warns that the pace of disruption is increasing.

She highlights legal consequences across multiple fronts, including:

  • War and threats to long-standing alliances (including the possibility of threats to withdraw from NATO)
  • AI-related changes already underway, with legal implications
  • Major shifts in domestic and international law, including the weakening or overturning of legal doctrines graduates may have been taught (she references Chevron as a symbol of how “bedrock” rules can disappear)

Core message: judgment over memorization

Her central point is that the most important legal skill isn’t memorizing current substantive rules—it’s the ability to figure out the right answers as law and circumstances evolve. This requires judgment, learning, and strategic thinking so others can do the same.

She cites Hannah Arendt to stress that knowing the past doesn’t predict the future, but argues lawyers still have a responsibility to see around corners and prepare for uncertainty rather than retreat from troubling realities.

2) Pace yourself

Eichensehr advises that sustained high-intensity legal work is psychologically and intellectually unsustainable. Using personal anecdotes from law practice and sports, she explains that you must sometimes “sprint” and sometimes “pace,” depending on deadlines and crises—while also deliberately recovering and protecting your life outside work.

Key practices include:

  • Taking breaks to preserve clear thinking
  • Maintaining friendships and hobbies
  • Building a support network that includes non-lawyers for perspective

She emphasizes that even if you are indispensable professionally, you may be replaceable to clients—but not to family and friends—so balance matters.

3) Why law and lawyers matter in a world of rampant lawbreaking

Eichensehr’s final and central argument responds to a view associated with a “prominent legal scholar” who claims law is “irrelevant,” and that debates about the legality of unilateral uses of force are “empty.” Eichensehr rejects this position as wrong and counterproductive.

She argues that:

  • The legal system provides real tools and constraints, including the U.S. Constitution, Congressional structures, and statutory authorities (such as the War Powers Resolution and Congress’s power over appropriations)
  • Even if politics affects whether law is enforced, law still structures authority and decision-making
  • Treating law as irrelevant risks encouraging the nihilism critics want—reinforcing the idea that “it’s politics all the way down”

Extending the critique to international law

She extends the argument to international law, noting that enforcement is already imperfect and depends on states articulating legal positions. If lawyers abandon legal debate about what is lawful and unlawful, she warns that international law’s constraints weaken further—creating a self-fulfilling slide toward a more lawless world.

Closing encouragement

She concludes by affirming that although institutions of free government may face existential pressures, lawyers should be “the last, not the first” to give up on law.

She also offers encouragement to the graduating class, highlights the value of international students’ perspectives, and expresses pride and excitement for their futures.

Presenters / Contributors

  • Professor Kristen Eichensehr (speaker)
  • Ronan (class marshals introducing speaker)
  • Professor Sitkoff (mentioned as delivering the first “Last Lecture” in the series; also referenced earlier speech)
  • Professor Ben Sachs (mentioned as speaking later in April)
  • Mark Carney (quoted, from a Davos speech)
  • Hannah Arendt (quoted)
  • Justice Sandra Day O’Connor (mentioned via Eichensehr’s prior clerkship)
  • Justice Sonia Sotomayor (mentioned via Eichensehr’s prior clerkship)
  • Merrick Garland (mentioned via Eichensehr’s prior clerkship)
  • Youngstown Sheet & Tube v. Sawyer (Justice Jackson) (cited)
  • Martin Sheen / The West Wing context (Rob Reiner film reference) (used for a quote)

Original video