Appreciating Our Professors: Remembering Professor Bork

This is the first in a series of posts this month remembering law professors who influenced us.

When I looked over the courses for my first semester of law school, I realized I had a fellow named Robert Bork for Constitutional Law. This meant nothing particularly important to me at the time. It was well before his nomination for the United States Supreme Court, and he was just another professor in my mind. However, I soon realized that the good professor would be quite different than others to whom I was assigned. The politics of the law school in those days were for the most part toward liberal or even to the left of liberal, but Professor Bork was a staunch conservative. Each of his classes was an intense argument about what the Constitution meant or should be understood to mean, and he never gave an inch in a room full of students who for the most part did not agree with him. Still playing in my mind is the whole week of classes in which Professor Bork insisted cases championing the principle of one man, one vote were inconsistent with the Framers’ intent.

Bork never convinced me that he had the correct read on the Constitution, and I actually moved farther and farther away from his conservatism the longer I studied with him. Yet Professor Bork demonstrated for me a way to teach law. He insisted the law had to be taken seriously and that it had ramifications. He didn’t come to class to show us how smart he was or to play stylized teacher-student games. He closed the door, loosened his tie, and tried to articulate what was the best and most valuable way to understand what we were studying. It was a variety of earnest, engaged teaching that I wish was a bigger part of the contemporary legal academy.

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Happy Columbus Day?

We have put aside naive notions of Christopher Columbus as the heroic discoverer of the New World, but on Columbus Day and in general we should continue to contemplate the troubling bases and ramifications of Columbus’ voyages.

Columbus’ voyage in 1492 rested on his contractual agreement with the King and Queen of Spain. In return for spices and especially the gold he anticipated finding, Columbus received financing for three small ships and a combined crew of 40 and also promises of ten percent of all profits, the lucrative governorship of any new-found lands, and the title “Admiral of the Ocean Sea.” Columbus returned from his first voyages with a few spices, gold he had plucked from native peoples’ ear lobes, and 350 newly enslaved men and women. (An additional 250 had died on the sail back to Spain.) The King and Queen were impressed enough to finance a second expedition in 1493 of seventeen ships with 1200 men–including a full cavalry troop and a half-dozen priests. The fleet raided and plundered the Caribbean islands and was followed by subsequent large expeditions under Columbus’ command in 1498 and 1502.

The indigenous peoples of the Caribbean paid the heaviest price for these ventures.

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The Paper Chase: What Does the Film Tell Us About Contemporary Legal Education?

I recently screened The Paper Chase (1973) in one of my law school classes.  While the majority of current law students are more familiar with recent pop cultural portrayals of legal education such as Legally Blonde (2001), The Paper Chase seems to me to set the stage for those portrayals, especially through the character of Professor Kingsfield and the images from his menacing Socratic classes.  I interpret The Paper Chase as the fictional story of a law student encountering and then overcoming the dehumanizing forces of legal education.

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