Law in Contemporary Society

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DearProfessorMoglenAnOpenLetter 28 - 10 Apr 2010 - Main.EbenMoglen
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 Dear Professor Moglen,

I am writing this letter because I think you provide a vital voice to the Columbia Law School community, and because the time you devote to students in office hours and the work you do on the wiki is more than commendable and should be more common. However, though you are one of the most engaging and dedicated professors I have encountered at CLS thus far, its not all just peachy.

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 -- JessicaGuzik - 09 Apr 2010
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I just want to type in the scary red text.
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I just want to type in the scary red text.
 -- NonaFarahnik - 10 Apr 2010
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All right, in that case I'll use a cooler color for a change.

I just want to thank Krystal and Jessica for having seen and understood the nature of my stylistic choices. Because teaching is a performance, because what we "are" in the classroom can never be exactly what we are, my choices are not about honesty or not honesty, not about likability or not likability, nor even about what will work and what will not work. Every human being learns differently, hears and sees differently, understands differently. No work of art is ever known by any two observers in the same way, or in the way the artist thought she intended. So you make it the way your soul tells you it has to be made.

But one thing you can be sure of, that if you want to oppose the dominant consensus you have to speak up. As Arlo Guthrie said in Alice's Restaurant, "If you want to stop the war and stuff, you've gotta sing loud." Jessica has expressed with unfortunately accurate intensity the forces that constantly push students off center and away from self-discovery. I try to make my art capable of pushing back against that pressure enough to create a zone in which free thought is possible, and I try to create not just the opportunity but the desire to ask hard questions about choices we make, non-choices we do not make, and how to figure out what matters most.

 
 
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DearProfessorMoglenAnOpenLetter 27 - 10 Apr 2010 - Main.NonaFarahnik
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 Dear Professor Moglen,

I am writing this letter because I think you provide a vital voice to the Columbia Law School community, and because the time you devote to students in office hours and the work you do on the wiki is more than commendable and should be more common. However, though you are one of the most engaging and dedicated professors I have encountered at CLS thus far, its not all just peachy.

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  I don't think he cares if we decide not to listen...he's just doing what he can to make those of us who want to hear from him understand the things about the legal profession that no one else will tell us. And he has experience and perspective that none of us have this early in our careers, no matter how smart or able we are. So like Krystal said, be selfish....especially when you're seeking approval. It shouldn't come from the wrong people, and Eben is one of those "wrong people" from whom we might wish to seek approval (which would explain why we get upset by the scary red letters). We are the only ones who need to be happy with our choices....Eben wants to help us figure this out...we should take advantage of this.

-- JessicaGuzik - 09 Apr 2010

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I just want to type in the scary red text.

-- NonaFarahnik - 10 Apr 2010

 
 
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DearProfessorMoglenAnOpenLetter 26 - 09 Apr 2010 - Main.JessicaGuzik
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 Dear Professor Moglen,

I am writing this letter because I think you provide a vital voice to the Columbia Law School community, and because the time you devote to students in office hours and the work you do on the wiki is more than commendable and should be more common. However, though you are one of the most engaging and dedicated professors I have encountered at CLS thus far, its not all just peachy.

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 Anyways, I appreciate the fact that he took the time to respond. And while I don't feel the need to say this, since others have I will- I'm not prone to ass-kissing. I care about grades but ehh not at the expense of my sanity or dignity. It's just not that deep to me.

-- KrystalCommons - 09 Apr 2010

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I think Krystal's comment is head on... whether or not we like Eben or think he's a terrible person is irrelevant. If we let these feelings take over, we are going to miss the point.

Eben says things that are vulgar and abrasive and sometimes I feel like I'm going to vomit in class. But why is this a bad thing if no one is forcing me to sit through class? I even have the option of going to class and completely tuning out while surfing the internet if I'm concerned about attendance. I chose this elective after reading comments on lawnet that do not, in any way, misrepresent the nature of this class. Not only did most of us know what we were getting ourselves into, but no one (not even Eben) cares whether or not we attend. This fact alone is enough to prove to me that Eben isn't doing this for anyone except us, and also, that most of us WANT to hear what Eben has to say. I really believe that he cares about us in a way that most of our professors do not. If we forget this, we may miss out on something that could help us find the right careers for ourselves and be happier people.

Consider the task that Eben is trying to undertake. He has even said to us that it is unlikely that he'll achieve this task because the odds are so stacked against him. He gets 1 hour and 20 minutes with us twice a week. This is NOTHING compared to the pressure we are under 24/7 and messages that we are bombarded with the rest of the time. We've got: our 3 other classes, the time we spend with the casebooks, the e-mails that we get flooded with, the briefs, the interviews, the lunches/firm things/events...the list goes on. Every time we take money out of the bank we're reminded of this stuff. When we socialize, our classmates are talking about this stuff. When we're trying to get DRUNK our classmates are talking about this stuff. I have often found myself completely overwhelmed by the feeling that there is no escape from this stuff. And Eben is coming into the picture with information that goes against the messages we constantly receive from the world that we are immersed in. Not only is it going to make us uncomfortable, but it is going to be nearly impossible for Eben to have a voice that is as strong and as loud as all the stuff that he is trying to get us to take a more critical look at.

If Eben came into class on Day 1 with a gentle smile and said, "Hello students! Today we're going to listen to some nice music, and then I'll explain to you why working at a law firm may not be excatly what it seems," then his voice would DROWN. Even being as loud as he is now, I still find that many of the ideas that seem so true and honest in class fade when I get home at the end of the day and realize that I'm stressed about X Y and Z. I think Eben HAS to do what he's doing if he wants to have even a small chance of getting through to us. I think all he wants us to do is to be honest with ourselves and true to ourselves. Unfortunately, we're living in a world where those values are at the bottom of the ladder, and we're being pushed to adhere to this value system, because it sustains a large part of the legal profession. Eben is waving the red flag for us. I don't think he cares if we decide not to listen...he's just doing what he can to make those of us who want to hear from him understand the things about the legal profession that no one else will tell us. And he has experience and perspective that none of us have this early in our careers, no matter how smart or able we are. So like Krystal said, be selfish....especially when you're seeking approval. It shouldn't come from the wrong people, and Eben is one of those "wrong people" from whom we might wish to seek approval (which would explain why we get upset by the scary red letters). We are the only ones who need to be happy with our choices....Eben wants to help us figure this out...we should take advantage of this.

-- JessicaGuzik - 09 Apr 2010

 
 
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DearProfessorMoglenAnOpenLetter 25 - 09 Apr 2010 - Main.KrystalCommons
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 Dear Professor Moglen,

I am writing this letter because I think you provide a vital voice to the Columbia Law School community, and because the time you devote to students in office hours and the work you do on the wiki is more than commendable and should be more common. However, though you are one of the most engaging and dedicated professors I have encountered at CLS thus far, its not all just peachy.

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 However, I wonder whether Professor Moglen's hostility towards some faculty members might make them unwilling to adopt some of his teaching methods, such as the Wiki, even though the effectiveness of the medium in terms of participation and feedback is obvious.

-- JonathanWaisnor - 08 Apr 2010

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While I have been tracking this wiki conversation and added nothing, I have one thing to say. Regardless of how I feel about Apple (as i type this on my Macbook), law school, whether professors are "lazy" and "stupid", I appreciate Eben's commitment to us. His statement -" I do it out of commitment to and admiration for young people who are capable, through talent, hard work and sheer luck, of growing up to change the world. I'm trying to help you crack the shell of the egg that has your future self inside it. But sometimes you can't break eggs without making an omelette." indicates that he cares about us and us doing what WE WANT. The ego is a fragile thing and as many will continue to argue the merits of what he has said, whether or not he is engaging in his fight for freedom, pissing on us, the method, etc...I'll take away the fact that he actually cares. Yes, the teaching methods can be shocking and sometimes cringe-worthy, there is a clear pedagogical purpose. Instead of fighting it, take what you can, learn from it. You don't have to agree with everything but Eben is Eben, who will you be after his class? I guess I'd rather be "pissed" on (though I don't think this is what's happening) now than for the rest of my life waking up at 35 like "WTF?!". My point is simply this class should be more about you - the individual, the future practitioner - than Eben's harsh comments. Yes, the red-type is scary (though my sensibilities have yet to be offended, I'm preparing myself. ha). We can analyze and argue all day about whether he's offensive, effective, engaging in a personal agenda, but isn't that the easy thing to do? It's easier to focus on him, and your hurt feelings, instead of on what you'll do with his words and how you will use them to motivate you in order to actually be the lawyer YOU want to be (big firm, small firm, public interest, representing apes in the jungle...whatever). My suggestion (though 2 cents is all it is worth) - Be more selfish. Make this about you.

Anyways, I appreciate the fact that he took the time to respond. And while I don't feel the need to say this, since others have I will- I'm not prone to ass-kissing. I care about grades but ehh not at the expense of my sanity or dignity. It's just not that deep to me.

-- KrystalCommons - 09 Apr 2010

 
 
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DearProfessorMoglenAnOpenLetter 24 - 09 Apr 2010 - Main.DanKarmel
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 Dear Professor Moglen,

I am writing this letter because I think you provide a vital voice to the Columbia Law School community, and because the time you devote to students in office hours and the work you do on the wiki is more than commendable and should be more common. However, though you are one of the most engaging and dedicated professors I have encountered at CLS thus far, its not all just peachy.

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 But maybe Eben isn't trying to walk us down a path. Take the same example as above. There was something genuinely frustrating about not getting the answers we were looking for. Satisfaction has a way of ebbing in a way that frustration doesn't, and maybe that's the point; not only are you not going to get the answer you're looking for, you're not even going to get the argument you're looking for. That means you're going to be annoyed. You're going to be mulling it over for the next two days. And you're going to figure out why you actually disagree with the extreme viewpoint being presented in class. Personally, I don't think this is more effective than a back and forth discussion, but I'm just trying to explore possible explanations for why this method may be desirable.
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To build on Jessica's point, this class has engendered participation in ways that none of my other classes have. Shortly after we turned in our first papers, I was at a birthday party on the Lower East Side with several other students from our L&CS class. For a few of us, the major topic of discussion that night was what we had each chosen to write about for Eben's class and why. Even at the tiume, we took notice of the fact that we were actually excited to talk about a law school class on a Friday night. Perhaps there is an argument that the fear of insulting red text inspired us to think about these papers in ways we otherwise wouldn't have. I certainly was excited to talk about my paper, although that apparently didn't help me avoid a ton of red text. (On the upside, I learned what 'jejune' means.)
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To build on Jessica's point, this class has engendered participation in ways that none of my other classes have. Shortly after we turned in our first papers, I was at a birthday party on the Lower East Side with several other students from our L&CS class. For a few of us, the major topic of discussion that night was what we had each chosen to write about for Eben's class and why. Even at the time, we took notice of the fact that we were actually excited to talk about a law school class on a Friday night. Perhaps there is an argument that the fear of insulting red text inspired us to think about these papers in ways we otherwise wouldn't have. I certainly was excited to talk about my paper, although that apparently didn't help me avoid a ton of red text. (On the upside, I learned what 'jejune' means.)
 -- DanKarmel - 08 Apr 2010

Revision 28r28 - 10 Apr 2010 - 14:42:55 - EbenMoglen
Revision 27r27 - 10 Apr 2010 - 05:15:51 - NonaFarahnik
Revision 26r26 - 09 Apr 2010 - 17:07:29 - JessicaGuzik
Revision 25r25 - 09 Apr 2010 - 13:46:33 - KrystalCommons
Revision 24r24 - 09 Apr 2010 - 01:15:37 - DanKarmel
Revision 23r23 - 08 Apr 2010 - 22:09:37 - MatthewZorn
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