ElizabethSullivanSecondPaper 3 - 22 Aug 2012 - Main.EbenMoglen
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| | Perhaps I am naïve to maintain the belief, after this year, that successful lawyering requires an interest in words and the ability to use them precisely. I think (hope) that, in reality, my expectations about law school, rather than the legal profession, were misguided. As this year ends, I am concerned that I will be returning next year for the wrong reasons. While I came to law school for myself, I am afraid that if I don't learn the skills I came to learn I will be staying only for my parents. I am especially worried that if I leave here without the ability to use words effectively I will be tempted to walk through one of those doors I've kept open only for them. | |
< < | (I would like to keep editing this paper) | | -- By ElizabethSullivan - 15 May 2012 | |
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In one sense, this is the counterpart to the inquiry I suggest in
response to your first essay. It is a reflection on what you haven't
been taught, more than have not been learning, in the past year, and
establishes a way in which you do not feel more effective or socially
powerful. It is also a subtle continuance of the line you were on,
without the social theorist or the social theory, but with a
sensitive and insightful understanding of the effect of socialization
on your parents, and on you.
The two parts of the essay don't join neatly at the moment, leaving
me to wonder whether the effort should be to join them more closely,
or to concentrate instead on the second, more immediately pressing,
of the parts.
Justification could be given for the failure. It's hard to teach
people to write like lawyers who don't yet have control of legal
language. (This is in fact one of the primary problems with
situating where the "legal writing" offering is presently situated.
But freshman composition is for freshmen, right?) Teaching writing
is difficult at all, and is obviously impossible at the high
student-faculty ratios characteristic of law school courses taught by
experienced career teachers who are also capable lawyers. Such
people are too important, and have too many valuable and necessary
things to say, to justify using their time to correct peoples'
sentence structure. We are an elite institution, and should take
students who already know how to write well, etc.
There are some important elements of truth in all these excuses.
They amount, indeed, to a pretty strong showing that changes would
have to be made in order for you to get the assistance in learning
that you think you need. As you will have guessed, I don't think the
excuses, good as they are, justify not making the necessary changes.
So the inquiry becomes, how to change. That requires
experimentation. This is one experiment.
In my view, we need to use the basic technology of the 21st century,
networked collaborative communication, to increase massively our
productivity as teachers in reading, editing, and helping students to
collaborate in editing, their writing. We need to make that activity
a present, indeed central, part of the workflow in every course. We
need to deliver experiences of writing, editing, rewriting and
rethinking, in every teaching interaction we design. Properly
developed, this set of changes will make it possible to take future
students, produced by "drill and kill" test-focused primary and
secondary education systems lightly dusted with the "college research
paper" fallacy, and prevent them from becoming significantly
deteriorated writers and thinkers, which will otherwise occur over
the next two decades.
But if you really mean to be someone who cares about words, you must
be more intent in training your consumption than your production.
Everything you write is a reflection of everything you read. And
everything you read without retaining you might as well not have read
at all.
The decay of reading in most young peoples' lives is more serious
than the decay of writing. Law school is even more flawed in what it
encourages people to read than in what it doesn't bother to encourage
them to write.
Almost everyone has a great deal of catching up to do. But the
habits of constant connection and the resulting low priority accorded
to memory training (in which people have gone from not being able to
remember any Shakespeare, because they haven't read any, to not being
able to remember any telephone numbers, because they're all stored in
the cellphone, and who calls people anyway when you can click to
leave a message on some completely-surveilled, totally data-mined,
no-privacy-here "wall"?) mean that no one is building habits that
would allow catching up to occur. Most of the young adults with whom
I deal are fifteen years behind on the reading they should have done,
and are building or have built life habits that will prevent them
from catching up, let alone proceeding further, in a long lifetime.
They have been brought to believe that grades matter, that what you
need to read is what will be on the test, that the condition of
"having no time to read" is a non-emergency that can persist for
years without harm after graduation, and so on.
The reality, however, is that one's mind is stocked with all the
words and all the concepts one leads it to and helps it hold. I
never took a test, or wrote a paper, or a letter, or a brief, or a
license, without drawing upon both words and concepts I came upon in
contexts very far from the immediate occasion, or the "reading list."
I needed Bleak House to write an exam in English Legal History,
while Finnegans Wake provided both a quotation and an argument in a
brief in the US Supreme Court. All the history I've ever read that's
carried in my head has affected every strategic decision I've ever
made in ways I'd never be able to define.
Reading and remembering are the bones of writing. Law school at
present does, as you see, a poor job dressing the body. But the real
harm to the physiology of the mind is being done elsewhere. Not only
can you meditate on what to do for the benefit of your own
intellectual and stylistic development, you could also consider how,
as a person trained to produce social consequences using words, you
might put your powers to work dealing with the problem more broadly,
so as to avoid the destruction of the intellectual environment of
many more people.
| | Elizabeth,
I really enjoyed reading your paper and you were able to express a lot of what I felt (but didn't really realize) about words and about law school. I don't have much to add right now other than you are not alone in what you are feeling.
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ElizabethSullivanSecondPaper 2 - 23 May 2012 - Main.ElviraKras
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META TOPICPARENT | name="SecondPaper" |
| | -- By ElizabethSullivan - 15 May 2012 | |
< < | | > > | Elizabeth,
I really enjoyed reading your paper and you were able to express a lot of what I felt (but didn't really realize) about words and about law school. I don't have much to add right now other than you are not alone in what you are feeling. | |
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
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ElizabethSullivanSecondPaper 1 - 15 May 2012 - Main.ElizabethSullivan
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META TOPICPARENT | name="SecondPaper" |
The Importance of Words
Neither of my parents went to college. I can say with some degree of confidence that their embarrassment and regret over that fact blazed the trail I have followed for most of my life. Even as a young child I could sense that a great deal was riding on my academic performance - more, I think, than on my classmates with similarly grade-conscious but college-educated parents. My accomplishments in school measured more than my own ability; they provided the benchmark by which my parents gaged how successfully they'd prevented their own limitations from burdening me. Aware that my failure would disappoint in complex ways, I learned early on to equate academic success with self-worth.
When I first began to contemplate the propulsive force of expectations, I was certain that I had become a puppet rather than an adult, that my parents were constantly pulling strings in my subconscious. In the years after college and the distance they provided, I found some comfort in the realization that, more than anything, my parents were motivated by a desire not to seal my fate. I cannot deny that their regrets have had a lingering impact - because of them I have resisted central messages in this class, been unwilling to close certain doors, and have continued, to a degree, to view grades as determinative of my ability. I am confident, however, that they are not the reason I came to law school.
I came to law school because I care about words. I've cared about words for as long as I can remember and to an extent that I know often frustrates those closest to me. I enjoy splitting hairs and I am frustrated by imprecision. I was worried for a time that I chose law school on the misguided belief that I would make a good lawyer because I like to "argue." Over the course of the year I've realized that I came here not because I like to argue but because I am fascinated by what can be accomplished in a sentence and because I believed that it would lead to a career that recognizes that words matter.
This year has been challenging for me for a number of reasons. The most difficult aspect, and that which has given me the most pause, has been the first year curriculum's profound disrespect for words. I can appreciate what cold-calling encourages and I can hope that a three-hour in class exam at least teaches me to think on my feet. I cannot, however, find a silver-lining in the fact that, outside of this class, I had absolutely no valuable input regarding my ability to use words effectively. I learned to write like a stressed-out law student with not enough time, but gained almost no insight into how to write like a lawyer. I began the year confident that law school would provide me with the tools by which to turn my fascination into a career. I am ending it concerned that my writing skills are worse for the wear.
I am aware that I have finished less law school than I have left and that I am therefore speaking from a place of minimal experience. I do not think, however, that it takes three years to realize that the first is severely lacking. If lawyering is making things happen in society using words, the first year curriculum should begin go teach us how to make things happen in society using words. A one-credit, pass/fail writing course that meets once a week is not enough. Perhaps the Columbia administration assumes that none of us could have made it here without above-average writing skills. From reading the papers written for this class, I feel comfortable saying that that assumption is probably grounded in reality. But our collective linguistic facility should be cause for cultivation, not neglect. Each of us has the capacity to shape society - we should leave law school confident that we can do so using words, not pressured to accept unfulfilling jobs in order to "learn" to be lawyers. A system that provides first year law students with continuous feedback throughout the year is, I believe, a necessary first step toward accomplishing that goal.
Perhaps I am naïve to maintain the belief, after this year, that successful lawyering requires an interest in words and the ability to use them precisely. I think (hope) that, in reality, my expectations about law school, rather than the legal profession, were misguided. As this year ends, I am concerned that I will be returning next year for the wrong reasons. While I came to law school for myself, I am afraid that if I don't learn the skills I came to learn I will be staying only for my parents. I am especially worried that if I leave here without the ability to use words effectively I will be tempted to walk through one of those doors I've kept open only for them.
(I would like to keep editing this paper)
-- By ElizabethSullivan - 15 May 2012
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" character on the next two lines:
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