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Prospective Law Students Should Consider These Questions

In Law, Law School, Legal Education & Pedagogy, Teaching on June 5, 2019 at 6:45 am

An earlier version of this post appeared here at Faulkner University’s blog.

When you’re visiting law schools, remember to ask questions about the faculty and class size. Law school is more than just classrooms and libraries: It’s your home for three years, and you’ll be connected to your law school throughout your professional life.

To make sure you’re choosing the institution that’s right for you, be sure to ask these less common but crucial questions during your visit.

Does the law school offer scholarships after the first year?

Most law schools consider all new students for merit-based scholarships based on their LSAT scores, undergraduate GPAs, and other criteria such as demonstrated leadership and service. During your visit to a law school, admissions professionals will probably tell you about their merit-based scholarships and the amount you might expect to receive as an incoming student. But in most cases, those awards are guaranteed only for the first year of law school—so it’s important to ask whether similar scholarships are also available for the second and third year. At Faulkner Law, for instance, we review each student’s record at the end of the academic year to determine scholarship eligibility for the following year.

How does the law school help students secure internships or employment?

Getting into law school is an important achievement, but most people expect it to be just one more step on the path to securing the job they want. Having a J.D. after your name, however, doesn’t automatically open doors to employment; most law students secure internships while in school and rely on their law school’s career services to help them network and find employment.

At Faulkner Law, we place more than 200 students in internships every year. Our post-graduate employment rate is close to 90 percent and trending upward, and our employment rate for JD-required positions is 70 percent.

What’s it like to live here?

Most law students hope to enjoy cultural attractions, a vibrant restaurant scene, and a safe and friendly environment outside of school. Find out about the culture and community near the law school you’re considering. Consider what forms of entertainment will be available to you during the next three years when you’re not attending class or studying.

At Faulkner Law, we want our students to succeed, not just professionally but also personally and spiritually. The River Region is vibrant, and the revitalized downtown in Montgomery features several restaurants, minor-league baseball, parks, concerts, museums, historic landmarks, and tourist attractions. Many students relocate here to attend law school and then choose to make Montgomery their permanent home.

What is the law school’s vision for the future?

Law school is a choice for life, not just for three years. Faulkner Law equips students to become competent, reliable attorneys with a passion for learning and service. Our graduates dedicate their careers to solving problems, representing clients with vigor and diligence, improving lives and institutions, and cultivating an ethic of candor, civility, integrity, and professionalism.

What, Then, is Creativity?

In Arts & Letters, Creativity, Humanities, liberal arts, Philosophy, Teaching on January 9, 2019 at 6:45 am

This piece originally appeared here in The Imaginative Conservative.

Last week a student asked me, “What is creativity?” I was unsure how to respond. I felt like the speaker from Leaves of Grass musing about a child, who, fetching a handful of grass, asks him what the grass is. “How could I answer the child?” the speaker wonders. “I do not know what it is any more than he.”

What is creativity? How could I answer the student? I did not know what it was any more than he. My ignorance on this subject nevertheless inspired me to seek understanding, perhaps even a definition, and then to proffer brief, explanatory remarks. Here they are, principally for his benefit but also for mine—and for that of anyone, I suppose, who cares to consider them.

Every human, I think, is the handiwork of God. If humans are created in God’s image, and God is our creator, then humanity’s creativity is, or might be, a limited, earthly, imperfect glimpse into the ways and workings of God. “We too,” said Paul Elmore More, “as possessors of the word may be called after a fashion children of the Most High and sons of the Father, but as creatures of His will we are not of His substance and nature, however we may be like Him.”[1]

Inherently flawed and sinful, humans cannot create what or as God creates and cannot be divine. Our imagination can be powerfully dark, dangerous, and wicked. The Lord proclaimed in the Noahic covenant that “the imagination of man’s heart is evil from his youth.”[2] Construction of the Tower of Babel demonstrated that the unified power of ambitious men laboring together may engender impious unrestraint.[3]

Humans, however, being more rational and intelligent than animals, are supreme among God’s creation and bear the divine image of God. “What is man, that thou are mindful of him?” asks the psalmist, adding, “and the son of man, that thou visitest him?  For thou hast made him a little lower than the angels, and hath crowned him with glory and honour.”[4]

Saint Peter—or the author of Second Peter if that book is pseudographical—called humans potential partakers in the divine nature who have escaped the corruption of the world.[5] Saint Paul implied that followers of Christ enjoy something of Christ’s mind, some special understanding of Christ’s instructions.[6] He also suggested that followers of Christ, the saints, will judge not only the world but the angels,[7]beneath whom, in substance, we consist.[8]

What these passages mean, exactly, is subject to robust academic and theological debate, but surely humanity’s crowning artistic achievements—our paintings, sculptures, philosophies, architecture, poetry, theater, novels, and music—are starting points for exploration. What evidence have we besides these tangible products of our working minds that we who are not divine somehow partake in divinity?

Humans are moral, spiritual, social, creative, and loving, unlike the rest of God’s animate creation, only some of which, the animals, are also sentient. Aristotle and Aquinas, to say nothing of the author of Genesis, rank animals lower than humans in the hierarchy of living beings because, although sentient, they lack a discernable will, conscientiousness, consciousness, and capacity for reason that humans definitively possess. Moreover, animals provide humans with the necessary sustenance to survive, and our survival is indispensable to the advancement of knowledge and intelligence, themselves essential to the enjoyment and preservation of God’s creation.

All human life is sacred because of humanity’s godly nature,[9] which is a privilege with coordinate duties and responsibilities: to be fruitful and multiply and to subdue, or care for, the inferior creatures of the earth.[10] However awesome humanity’s creative faculties are, they are not themselves divine, and cannot be. “As the heavens are higher than the earth,” intones the prophet, “so are my ways higher than your ways and my thoughts than your thoughts.”[11]

Russell Kirk titled his autobiography The Sword of Imagination. A sword is a bladed weapon with a sharp, lethal point and sharp, lethal edges. It’s the symbol of medieval warriors and Romantic knights. The imagination, powerful like a sword, can be wielded for the forces of good or evil. It’s unsafe. But it can be channeled for moral and virtuous purposes.

Only God can have created something from nothing. That the cosmos exists at all is proof of an originating, ultimate cause, of some supreme power that is antecedent to all material life and form. Human creativity, by contrast, is iterative and mimetic, not the generation of perceptible substance out of an absolute void.

Human creativity builds on itself, repurposing and reinvigorating old concepts and fields of knowledge for new environments and changed conditions. We learn to be creative even if we are born with creative gifts and faculties. Imitative practice transforms our merely derivative designs and expressions into awesome originality and innovation.

Creativity, then, is the ability of human faculties to connect disparate ideas, designs, and concepts to solve actual problems, inspire awe, heighten the emotions and passions, or illuminate the complex realities of everyday experience through artistic and aesthetic expression. The most creative among us achieve their brilliance through rigorous training and a cultivated association with some master or teacher who imparts exceptional techniques and intuitions to the pupil or apprentice; every great teacher was a student once.

Or so I believe, having thought the matter through. It may be that I know no more about creativity than I do about grass. But I know, deeply and profoundly, that we are fearfully and wonderfully made, and for that I am infinitely and earnestly grateful.

 

Notes:

[1] Paul Elmore More, The Essential Paul Elmer More (New Rochelle, N.Y.: Arlington House, 1972), p. 55.

[2] Genesis 8:21.

[3] Genesis 11:5-7.

[4] Psalm 8:4-5.

[5] 2 Peter 1:4.

[6] 1 Corinthians 2:16.

[7] 1 Corinthians 6: 2-3.

[8] Psalm 8:4-5.

[9] Genesis 9:6.

[10] Genesis 28.

[11] Isaiah 55:9.

Students, Keep an Open Mind and Humble Heart in College

In Academia, Communication, Humanities, Pedagogy, Teaching on January 2, 2019 at 6:45 am

Richard Bulliet on The Americas, the Atlantic, and Africa, 1530-1770

In Academia, Arts & Letters, Historicism, History, Humanities, liberal arts, Pedagogy, Scholarship, Teaching on August 1, 2018 at 6:45 am

In the following lecture, Richard Bulliet discusses the Americas, the Atlantic, and Africa during the period of 1530-1170:

Richard Bulliet on Transformations in Europe, 1500-1750

In Academia, Arts & Letters, History, Humanities, liberal arts, Pedagogy, Philosophy, Politics, Teaching, Western Civilization on July 18, 2018 at 6:45 am

In the following lecture, Professor Richard Bulliet discusses transformations in Europe during the period of 1500 – 1750:

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

In Arts & Letters, History, Humanities, liberal arts, Pedagogy, Teaching on July 4, 2018 at 6:45 am

Here, in the twenty-sixth lecture of his course, The History of the World, Richard Bulliet discusses conclusions regarding the History of the World to 1500 CE and presents themes for a forthcoming course regarding the History of the World after 1500 CE:

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:

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-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:

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