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Session Twenty-Five: Richard Bulliet on the History of the World

In Arts & Letters, Historicism, History, Humanities, liberal arts, Pedagogy, Teaching on June 20, 2018 at 6:45 am

Here, in the twenty-fifth lecture of his course, The History of the World, Richard Bulliet discusses the History of the World to 1500 CE, focusing on the Maritime Revolution:

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Three Poems by James Hochtritt

In Arts & Letters, Creative Writing, Humanities, Poetry, Writing on June 13, 2018 at 6:45 am

James Hochtritt has been a featured reader of his poetry at venues in California and Oklahoma over the years. He holds a Ph.D. in History from the University of Oklahoma and is a full-time professor of history at Rose State College in Midwest City, Oklahoma. He lives and writes in Midwest City.

EXETER, CALIFORNIA

He monitors smudge pots,
Shadows illuminating his face,
Black smoke burning his eyes.
A pungent aroma of citrus mixes
With an acrid blend of chemicals
Whose names he cannot pronounce.
His thoughts drift in and out,
Recollect his youth in Zihuatanejo,
Christmas memories, novenas, orphans,
Focus on the antics of a spotted dog
That ambles beside him.

Looking up at stars he fondles a small cross
On a silver chain around his neck,
Brings it to his lips as a gesture of faith.
Wishes he was back in bed
And the soft breathing of his wife.
Inhaling the bite of the night frost,
He squints at ornaments and candy-colored lights
Strung like a necklace around a house,
Counts three blessings for each of his children.

Disconnected from the earth in December’s dark
He dreams of home and his father.
Prays for those
Who bleed and give birth in the fertile soil of the fields
Among the insects and the furrows.
Hates that he understands
That men like him are necessary,
Harnessed mules, machinery,
Hands that sow what others reap.
The puzzling chasm that lies between
That which is holy and merely human.

VOTIVE

Passer’s by and visitors, strangers, reporters,
Relatives fold paper flowers and mementos
Into the honeycomb of the cyclone fence.
Tie ribbons onto wire, tape poems to poles,
Paste locks of hair onto photographs
Wrapped in angels made of foil.
Morning, noon, and night the vigil evolves
The guilt-ridden who survived, tourists,
The inquisitive and curious,
Weak knees, helplessness, countenance transfixed,
Palms and faces pressed against the barrier,
Introspection above the hole.
Low whispers barely audible,
Prayers to the beloved, Eucharist
For the grieving, comfort for the anguish.
Our penitence an epitaph,
Speechlessness, invocation of the lost,
Liturgy of tears, consecration of rubble.
Without pause, the requiem,
The mournful eulogy continues,
Watery eyes like reflecting pools or grottos,
Blank stares articulating silence,
Inability of the living to sanctify with words
The blasphemy of the aftermath.

HOUSE

Apologies were never enough.
Words flew like sparks from her mouth,
Her arms flapping up and down
Like some apoplectic bird.

Fixed in the cross hairs
Of her cubist eyes,
Her smeared lipstick
Angled her face into a cockeyed shape.
It was advisable to not say a word
But bob and flinch, hunch and cower.
Grit the teeth
Amidst the knickknacks
Swept from their places,
The shattered glass,
Interminable silences
Simmering like steam.
Ride it out the best a child could
Within the confines of the cage,
Until rage flattened to tears
And the claws retracted.

Only then was it safe
To venture a breath,
Feign a posture of guilt
With a downward glance
And tip-toe past the beast
Through the rancor and the ashes,
Escape into the fields
And the kisses of the rain.

Qualifications of Judges and Law Professors: A Telling Mismatch

In Academia, Law, Law School, Pedagogy, Scholarship, Teaching on June 6, 2018 at 6:45 am

This piece originally appeared here in the Library of Law & Liberty. 

Late last year, President Donald Trump took heat for nominating allegedly unqualified lawyers to the federal bench. As of February 16, 2018, a majority, substantial majority, or minority of the American Bar Association’s Standing Committee on the Judiciary has rated several of his judicial nominees “not qualified.” These evaluations purportedly assess professional competence, integrity, and judicial temperament, but have been accused, rightly, of improper politicization.

Would that an impartial and non-political set of ratings could be applied to aspiring law professors. Because of their lack of practical experience, academic training, and teaching record, entry-level faculty hires at many American law schools tend to be, as a class, unqualified to teach. They have not gained on-the-ground, learned-by-doing knowledge of legal practices and processes, yet in their new roles they will be expected to serve as gatekeepers into the profession, a profession that many of them have only barely participated in.

These days extensive practice experience is a disadvantage, not an asset, for the prospective law professor. It signals to faculty hiring committees a late interest in teaching and research, and a turn to academic work because of a disenchantment with the everyday work of lawyers. Faculty are sensibly turned off by candidates who believe, or seem to believe, that life in the academy is free from stress and responsibility.

No one wants a colleague who views the professoriate as a breezy backup plan, or whose only animating desire is to trade in a life of hourly billables for the supposed tranquility of the Ivory Tower. Hating law-firm culture is not a good reason, by itself, to seek a job in a law school. The last thing law professors need to impart to young students facing a competitive job market is deep cynicism about the practice of law. These legitimate concerns, however, should not preclude faculty from admitting into their ranks those who are best able to familiarize students with the practice of law.

The conventional path to law teaching runs something like this: attend a prestigious law school (ideally, one ranked in the top 15 by the U.S. News and World Report), obtain a federal clerkship (one with the U.S. Supreme Court, if possible), and then apply for open faculty positions, either directly through a law school or through the recruiting conference of the American Association of Law Schools (aka “the meat market”). The chances of securing tenure-track positions diminish measurably the longer one waits to enter the meat market.

No step along this path to becoming a law professor involves teaching. The longer you go down the path, the more practical skills you acquire, but the less desirable you become as a candidate for teaching.

A law degree is not a reliable proxy for the suitable or successful characteristics of a good teacher. A federal clerkship does not necessarily cultivate the traits necessary to excel in classroom instruction. So why does the system disincentivize not only the acquisition of practical skills, which most students are hoping to learn, but also teaching skills, which law professors are expected to have?

One reason is that there’s little agreement about what makes a good law professor.

How do you even quantify the effectiveness of law professors? Vocational outcomes and earning differentials among graduates say more about a law school, in particular its career services office and market reputation, than they do about the aptitude of individual faculty members. Bar-passage rates correlate with admissions standards and selectivity and reflect, perhaps, the overall educational experience of the graduates.

But there’s no measurable connection between those figures and the instruction methods of individual professors. Student evaluations suffer from drawbacks and deficiencies in law schools (such as biases, unreliability, grade inflation to win popularity, etc.) just as they do elsewhere in universities.

Without pedagogical consensus (i.e., without widely agreed-upon teaching philosophies, practices, or methods) within the legal academy or established standards for law-teaching achievement, hiring committees in law schools look simply to narrative, subjective data (e.g., the prestige of a candidate’s alma mater and recent employer, the candidate’s fit with subject-matter needs, etc.) that do not demonstrate a commitment to teaching or an ability to teach. The assumption behind these hiring decisions is, I think, twofold: that individuals who have earned prestigious credentials can translate their accomplishments to the classroom and that the Socratic Method allows them to disguise their “greenness” by deflecting difficult questions back on students.

Most Ph.D. programs in humanities disciplines involve some degree of classroom training and pedagogical coursework. Law school, by contrast, does not equip students with teaching or introduce them to pedagogical schools and approaches. Teaching expectations for law professors remain ill-defined and unpublicized, in part because they vary from school to school. With rare exceptions, aspiring law professors possess no pedagogical preparedness when they begin teaching.

Law schools should not continue hiring faculty with little to no practical experience, little to no record of scholarship, and little to no teaching experience. The ideal faculty candidate should have a substantial record of success in at least one of those three areas. The fact that a candidate graduated from Harvard Law and clerked a year or two for a federal appellate court may suggest the promise of future scholarship, but it doesn’t demonstrate proven merit as a scholar or teacher. Nor is that clerkship alone sufficient to familiarize a lawyer with the ins and outs of legal practice.

An emphasis on the readiness and qualifications of judges should be matched with tangible benchmarks in law-faculty hiring. Analogizing the qualifications of law professors and judges is reasonable, even if their jobs differ: both have attained high offices that superintend the profession, both are involved in the administration of the legal system, both should understand the nexus between theory and practice, both should possess exemplary character and enjoy good standing in the community, both should model the conduct and professionalism expected of all lawyers, and both should be researchers and writers with deep knowledge about the history of the law.

Redirecting ire and scrutiny away from judicial nominees and toward law-school faculties may not fully resolve ambiguities about the proper, requisite experience for judges. But it may lead to a rethinking of the minimal qualifications of law faculty, raising questions about whether the standards governing judicial nominees should extend to the legal academy, which trains future judges.

The growing chasm between law professors and the practicing bench and bar is not a novel subject. Media restlessness about President Trump’s judicial nominees, however, provides a clarifying context for reconsidering the optimal qualifications of law professors. The ABA’s evaluations of judicial nominees may be flawed and nefariously politicized, but at least they value practical experience in a way that hiring committees in law schools by and large have not.

If a prospective law professor lacks extensive practical experience, he or she must have an extensive record of scholarship or teaching. We should expect as much from our law schools as we do from our federal judiciary.

Session Twenty-Four: Richard Bulliet on the History of the World

In Arts & Letters, History, Humanities, liberal arts, Pedagogy, Teaching, Western Civilization on May 30, 2018 at 6:45 am

Here, in the twenty-fourth lecture of his course, The History of the World, Richard Bulliet discusses the Latin West, 1200-1500:

Session Twenty-Three: Richard Bulliet on the History of the World

In Eastern Civilizaton, Historicism, History on May 23, 2018 at 6:45 am

Here, in the twenty-third lecture of his course, The History of the World, Richard Bulliet discusses the History of the World to 1500 CE, focusing on Tropical Africa and Asia:

What Is Federalism?

In Jurisprudence, Law, Philosophy, Politics on May 16, 2018 at 6:45 am

Federalism refers to the organization of several divided polities that share and compete for power under the jurisdiction of a central government that derives its authority from a binding contract or constitution to which the polities have submitted or otherwise consented either expressly or impliedly.

The goal and effect of federalism is to disperse, diffuse, and decentralize power among competing units of government, mediate conflicts that arise between diverse groups and interests within different polities, and integrate cultural and normative variety into the governing institutions that hold different polities together in political union.

Session Twenty-Two: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Teaching on May 9, 2018 at 6:45 am

Here, in the twenty-second lecture of his course, The History of the World, Richard Bulliet discusses the History of the World to 1500 CE, focusing on Tropical Africa and Asia:

What Is Polycentric Law?

In Humanities, Jurisprudence, Law on May 2, 2018 at 6:45 am

“‘Polycentric law’ refers to the overlapping and amalgamating of rules and jurisdictions, in contrast to the legislating of a monolithic legal code that denies cultural particularities. Polycentric law is not centrally planned.”[1]

In other words, there is no one uniform system that can be called polycentric, because polycentrism involves multiple centers of control competing with one another, sometimes merging, sometimes coinciding.

History has demonstrated that legal and normative orders tend to centralize. Polycentric law materializes when each of these centralized orders remains competitive, kinetic, viable, and characterized by bottom-up customs and traditions.

Pluralism inheres in polycentric orders in which the power to coerce or control is dispersed, neutralized, or offset through competition and private adjudication according to embedded cultural standards and practices.

 

[1] Allen Mendenhall, Literature and Liberty: Essays in Libertarian Literary Criticism (Lexington Books, 2014), p. 67.

Session Twenty-One: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Pedagogy, Teaching on April 25, 2018 at 6:45 am

Here, in the twenty-first lecture of his course, The History of the World, Richard Bulliet discusses the History of the World to 1500 CE, focusing on Mongol Eurasia and its Aftermath:

What is Libertarianism?

In Arts & Letters, Economics, Humanities, liberal arts, Liberalism, Libertarianism, Philosophy, Western Philosophy on April 18, 2018 at 6:45 am

Definitions of libertarianism often convey a sense that this philosophy is total and complete, that its manifestation in the concrete world is immanently knowable. Vigorous debates about the fundamental tenets of libertarianism dispel any hope that the essence or principal attributes of libertarianism can be easily captured in a brief sentence or paragraph.

The central concern of libertarianism, however, is to maximize individual liberty and economic freedom to enable human flourishing. Liberty and freedom involve the ability of human agents, acting alone or in concert, voluntarily to pursue their wants and goals using their earned talents and natural skills, absent the forcible, coercive mechanisms of government and without infringing on the rights of others to so act.

Elsewhere I have said that “[e]xperimentation is compatible with—perhaps indispensable to—libertarianism to the extent that libertarianism is, as I believe, the search for the correct conditions for human flourishing—as well as the cautious description and reasoned implementation of principles emanating from that condition.”[1]

I used the phrase “to the extent that” to suggest that my conception of libertarianism is not definitive or absolute, that it is subject to scrutiny and debate. I emphasized “the correct conditions for human flourishing” because libertarians have propounded disparate and even contradictory theories about how best to achieve human flourishing.

The conditions that have succeeded to that end have proven themselves to be correct, or at least more correct than demonstratively unworkable alternatives.

The word “search” is meant to underscore the primacy of the intellect and knowledge: Human agents must be free to think and freely articulate the content of their thoughts before practices and institutions—the products of thought—may be tested, refined, verified, modified, adapted, or discarded according to their tangible success within physical (as opposed to purely mental or ideational) experience.

The principles that emerge from this process of applied thinking can be described as libertarian if they aspire to generate and actually generate individual liberty and economic freedom without increasing the forcible interference of government with consensually interacting human agents.

 

[1] Allen Mendenhall, Literature and Liberty: Essays in Libertarian Literary Criticism (Lexington Books, 2014), p. 14 (italics added).

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