Legal Commentary

I've been a bit overwhelmed on the domestic front lately between work and non-work stuff to be able to engage meaningfully online on various issues. I've been derelict in writing my response to the wonderful contributions from Professors Harbach, MacDowell and Sack on the blog the other day about Privilege or Punish. I've wanted to weigh in with some thoughts on the Sisk (et al) study. But mostly, I've been thinking, especially with Yom Kippur quickly coming, how one ought to balance the duties of being a mensch (as my grandmother would insist) with doing a good job as a scholar and teacher and colleague.  

There are of course some prawfs who are notoriously menschy and yet remarkably adept in all aspects of their job.  So some might wonder if there's any false tension being posited here. Here was my thinking. With respect to scholarship, it seems that one of the principal ways in which "the ball is being advanced" is by showing the shortcomings of other folks' work in a particular area--usually scholars but also courts or other actors.  This can be done gently or rudely, but it's often nonetheless something that needs to be done in order to be advancing the conversation. The same concern might arise when assessing other peoples' work for purposes of hiring or promotion--one may want to be generous to everybody but you simply cannot and in explaining why some should thrive and some should not, decisions are made and feelings are hurt along the way.

Perhaps this is not the case with teaching (as opposed to grading, where again, I think the tension is more apparent).  Maybe in the classroom one could really be an effective teacher and at the same time be the epitome of sweetness and light. I find this difficult too because sometimes there are discipline issues and sometimes just asking students questions and responding to them with some degree of truth may make them uncomfortable or unhappy.  

Last, to the extent running this blog is part of my professional life, I like to think I use it to facilitate scholarly dialogue, catalyze community building, and provide a venue for reflection and sharing. But on a regular basis (though seemingly less now than the first few years), I have to make decisions (e.g., deleting a comment that goes over "my" line or is inappropriate on a particular thread) that will upset people. Sometimes these decisions affect the content that's up here (e.g., those who disagree with the hiring thread) and sometimes it's the content that's taken down (the mean anonymous comments). It's hard to do this when I know there are bruised egos or other forms of residue to these decisions.  I don't know what the solution is, but like the Rav in Lonely Man of Faith: "All I want is to follow the advice given by Elihu the son of Berachel of old who said, 'I will speak that I may find relief;' for there is a redemptive quality for an agitated mind in the spoken word and a tormented soul finds peace in confessing."  For these concerns and my other faults, dear readers and friends and colleagues and family, I ask your forgiveness and patience. The day is short, but the journey is not over. To that end, I hope that the new year augurs a time of passion and purpose, love and laughter, and that it brings sweetness and wisdom and happiness for all of us.