A First-Timer’s Reflections on Israel

IsraelI don’t have a handy quote to use as an epigram, but I’m sure that someone has previously, and pithily, expressed the idea that we travel as much to learn about ourselves as to learn about others.  It’s the original form of comparative analysis, a chance to experience other ways of living and doing and thereby to reflect upon our own.  The immediate effect is (often) the experience of novelty – at root the same thrill that accompanies exposure to a new idea, taste, or sound.  “Here is something I haven’t seen before!”  The lingering effect is that of evaluation, an effort to understand.  We humans like to categorize, and so the urge is to place this new experience within our existing mental boxes.  But the fit is not always perfect. When that happens we have to adjust the boxes, and thus our sense of the world. (Of course, there is a danger here, too. We might be so tempted to place things in our existing boxes that we overlook differences.)

Why the holding forth on travel? I will tell you. I had the opportunity to accompany Professor Andrea Schneider and the thirty-three students in her International Dispute Resolution class on their trip to Israel over Spring Break. It was an amazing trip. We encountered theory in the classroom, and the reality of conflict, borders, and displacement outside of it. The people who showed us these things, both the theoretical and the concrete, are themselves deeply immersed in the effort to achieve peace and mitigate the consequences of conflict. Even what might appear to have been the more conventionally touristy parts of the trip – typically involving some historically and/or religiously significant site –served to underscore just how layered and tangled the region’s issues are.

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People Who Have Shaped the Teaching Careers of Our Faculty—Part 4

The editors of the blog asked several law school faculty to write about the people who have been the most formative figures in their careers as legal educators. This fourth submission in the series is by Professor Chad M. Oldfather.

The path I took to law school was direct in the sense that I went right from college. But in more important senses it was as indirect as could be. Growing up as (what for the sake of simplicity we’ll call) a farm kid I knew no lawyers, and nothing of the world of business. “Work,” as I understood the term, implied getting dirt under one’s fingernails. My momma wasn’t gonna let me be no cowboy, but neither could the prospect of me being a doctor or lawyer or such have figured too prominently in her plans. The world of professionals was, to me, a great unknown, an uncharted land inhabited by a whole different sort of person.

All of which means simply that I’ve had a greater need for formative professional influences than the average bear. Like everyone else, I needed to learn how to be a lawyer in the sense of developing the necessary skills. But to a greater extent than most everyone else I also needed to recognize and then internalize the norms of professional interaction. Put differently, I knew there’d be unwritten rules. What I didn’t know was how they’d be different from the ones I grew up with.

I had the great good fortune to begin my career as a clerk to Judge Jane Roth.

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Humility and Advocacy

[Editor’s Note: This month faculty members share their favorite brief writing or oral argument tip. This is the fourth entry in the series.] My favorite advocacy tip applies to briefs and oral arguments alike. (Indeed, for my money it serves as a pretty good rule of thumb for life in general.) It is this: Your arguments are never as good as you think they are.

As a general matter, the phenomenon is a product of (or is at the very least related to) what psychologists call the confirmation bias. That’s our tendency to assimilate new information in such a way as to confirm our pre-existing beliefs. If I’m inclined to believe in the truth of Proposition X, then I will give relatively greater weight to new information that confirms that belief than to information that runs contrary to it.

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