The Relative Wisdom of Tough Love Pedagogy

Consider the following hypothetical:

Imagine a student in our class who has followed the Ivy League track his whole life. He probably chose Moglen’s class because his first semester of law school scared the crap out of him and he heard rumors that there was no final. The class catches him off guard and turns his world upside down; he’s reading stuff he’s never read before and thinking in ways he’s rarely thought before. In the back of his mind, doubts begin to form: What if the goal that has propelled him forward for the past decade will ultimately not be all that fulfilling? What, then, is the meaning of his life? Why has he been pushing himself so hard to achieve a goal that is rapidly appearing less and less appealing? This guy feels totally conned – by life, by his parents, by society. He writes an essay about it to see if the ice will hold. It is a big step. But instead of constructive criticism and reassurance that he’s on the right track, he is told that the insight that shattered his reality is old news around here. When accused of beating a dead horse by a professor he wants to see as a mentor, how does he react?

My sense is that the “tough love” approach leaves a lot of students out in the cold. Some of us – myself included – would probably benefit from more carrots and less of the stick. Thoughts?

-- AnjaHavedal? - 07 Apr 2009

I don't know if you're referring to a specific person/essay, but this is an interesting hypothetical regardless and definitely relates to some conversations I've had about the class.

There seem to be many of our classmates who, while finding the class to be stimulating, don't really buy the presumptions. I'm doubt that the individuals in the class who came in with a well-formed intent to, for example, work for Skadden will be leaving the class planning on working for the ACLU. More doubt may enter into their calculation, but my experiences with other 1L's have shown me that the potential security and prosperity that they sought when entering law school are not easily discarded in favor of what they view as a more risky approach. Some individuals are also concerned with the credibility of certain claims made by the Professor, regarding the job market we are entering. Those of us already inclined against a BigLaw career may embrace the statistics regarding the increasing difficulty of entering the field, but others seem to view the information as suspect.

For those of us who entered the class with other expectations of what our careers will be, I think it may be useful to have the criticism that Professor Moglen has given some of our papers. I find myself seeking some public interest job, ill-defined in my mind, which I imagine will be given to me on a platter if I jump through enough hoops provided for me by the law school. This class has increasingly made me realize that I will need to do a lot of legwork on my own if I want to find something that I will enjoy and is a realistic possibility. Further, the Professor's criticism of my essay has caused me to want to improve on ideas which are close to my heart, and which I would like to be able to formulate more effectively and persuasively.