Law in Contemporary Society

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ElenaKagan 21 - 23 Jun 2010 - Main.DanKarmel
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 Is anyone else disappointed with this nomination (from a non liberal/conservative point of view)?

I think it is terribly disappointing that we keep getting these Ivy League judges on the Supreme Court. Sure, Kagan has no "bench" experience, so in that aspect she is diverse. She is also female, which may be needed. But, she is still what at least 7 out of the other 8 are on the court: legal intellectuals. Frankly, I would have liked to have seen (and would like to see in the future) non-intellectuals grace the halls of the court again. There used to be a time when one did not have to go to an Ivy league law school to be on the court. Now, it is a prerequisite. And, I can't think of a nominee that would be a bigger intellectual than Kagan: law prof turned Harvard Law School Dean. But, I don't know the woman, so, maybe I'm wrong.

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 -- JonathanWaisnor - 19 Jun 2010
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>		I just found this link I've been meaning to add to the discussion.

The author does claim "[t]here’s about to be a backlash against the Ivy League lock on the court," but that's not the major point of the essay. Rather than focus on elitism, he describes what he calls "Organization Kids" on elite college campuses. "[T]hey had a professional and strategic attitude toward life. They were not intellectual risk-takers. They regarded professors as bosses to be pleased rather than authorities to be challenged."

It's interesting because it brings us back to one of the recurring messages from the class; students' inability or an unwillingness to develop original ideas; our habit of thinking that telling our professors what they want to hear is the key to success.

Is this really a new phenomenon? How particular is it to elite schools?

I think part of the problem is also a general fear of taking unpopular positions, not only because it may affect your grade, but because it may be socially or politically damaging. This may not be directly on point, but I think some of the comments in this discussion from a while back touch upon the fear that many students have of taking unpopular positions.

-- DanKarmel - 23 Jun 2010

 
 
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Revision 21r21 - 23 Jun 2010 - 02:07:49 - DanKarmel
Revision 20r20 - 19 Jun 2010 - 16:43:14 - JonathanWaisnor
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