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	<title>Concurring Opinions &#187; Marcy Peek</title>
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	<description>The Law, the Universe, and Everything</description>
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		<title>Wasting Genius?</title>
		<link>http://www.concurringopinions.com/archives/2006/12/wasting_genius.html</link>
		<comments>http://www.concurringopinions.com/archives/2006/12/wasting_genius.html#comments</comments>
		<pubDate>Mon, 11 Dec 2006 22:50:52 +0000</pubDate>
		<dc:creator>Marcy Peek</dc:creator>
				<category><![CDATA[Law School (Scholarship)]]></category>

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		<description><![CDATA[<p>]]></description>
			<content:encoded><![CDATA[<p><img alt="hitchcock_portrait.jpg" src="http://www.concurringopinions.com/archives/images/hitchcock_portrait.jpg" width="205" height="237" / align= "right" hspace=5"></p>
<p>Over at <a href="http://money-law.blogspot.com/">MoneyLaw</a>, Jim Chen <a href="http://money-law.blogspot.com/2006/11/juniority.html">posted a blog on Juniority</a></p>
<p>a couple of weeks ago in which he quotes Thomas S. Kuhn as noting that:</p>
<blockquote><p>Almost always the [individuals] who achieve these fundamental inventions of a new paradigm have been either very young or very new to the field whose paradigm they change. . . . [B]eing little commited by prior practice to the traditional rules of normal science, [these individuals] are particularily likely to see that those rules no longer define a playable game and to conceive another set that can replace them. </p></blockquote>
<p>Chen applies this reasoning to the world of legal academia, and worries that:</p>
<blockquote>
<p>the creeping insistence on an ever larger set of credentials &#8212; clerkships, degrees beyond the J.D., VAPs &#8212; necessarily delays the physical age at which law professors begin their careers in earnest. Indeed, if Thomas Kuhn&#8217;s observation about scientific revolutions holds true in law, we may be wasting some of the most potentially transformative years of individual careers by delaying would-be upstarts&#8217; full-fledged arrival within the academy.</p></blockquote>
<p><span id="more-13554"></span><br />
I share the same concern, but a summer article in Wired magazine &#8212; pointing to different types of “genius” &#8212; leads me to another, related concern.   In <a href="http://www.wired.com/wired/archive/14.07/genius.html"><em>What Kind of Genius Are You</em>?</a>,  Wired magazine cites to recent work by University of Chicago professor David Galenson that argues that some genius (i..e, creative innovation) arrives early while other genius arrives late – sometimes very late.</p>
<blockquote>
<p>[G]enius – whether in art or architecture or even business – is not the sole province of 17-year-old Picassos and 22-year-old Andreessens. Instead, it comes in two very different forms, embodied by two very different types of people. “Conceptual innovators,” as Galenson calls them, make bold, dramatic leaps in their disciplines. They do their breakthrough work when they are young. Think Edvard Munch, Herman Melville, and Orson Welles. They make the rest of us feel like also-rans. Then there’s a second character type, someone who’s just as significant but trudging by comparison. Galenson calls this group “experimental innovators.” Geniuses like Auguste Rodin, Mark Twain, and Alfred Hitchcock proceed by a lifetime of trial and error and thus do their important work much later in their careers…[This phenomenon] applies to virtually every field of intellectual endeavor.</p></blockquote>
<p>In other words, while the steady upward-creep in age for new law professors may cause legal academia to miss out on some of our most important conceptual leaps (because the conceptual innovators are plugging along in their two years of clerkships, for example), the myopic focus on hot-new-academics and stars-in-the-field (who were once the hot-new-academics) may cause us to overlook much older academics whose great insights come at a much later stage in their career &#8212; when their work may be overlooked because they are not well known.</p>
<p>Or perhaps I am wrong.   Perhaps there are many legal academics who have managed to thrust themselves into the academic spotlight as older, very-much-tenured professors by way of some great work that was deemed to be of a much “higher caliber” than their earlier works.</p>
<p>Are there discernible patterns either way?  Do they tend to support or refute Galenson’s theory?</p>
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		<title>Reclaiming Purpose</title>
		<link>http://www.concurringopinions.com/archives/2006/12/reclaiming_purp.html</link>
		<comments>http://www.concurringopinions.com/archives/2006/12/reclaiming_purp.html#comments</comments>
		<pubDate>Fri, 08 Dec 2006 16:32:14 +0000</pubDate>
		<dc:creator>Marcy Peek</dc:creator>
				<category><![CDATA[Law School (Teaching)]]></category>

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		<description><![CDATA[<p>Thanks to Dan and Concurring Opinions for inviting me to guest blog this month.</p>
<p>Yesterday was my last day of office hours for the semester; my Contracts students take their Fall exam today. It was a day full of emotions. My students are, understandably, anxious about final exams and worried about their first semester grades. I realized that the next time I see many of my students, it will be in office hours discussing why most of them did not earn an A or even a B+. Those office hours are hard on both the student and the professor. I want all of my students to do well, but I know most of them will not earn the grade that they want.</p>
<p>And so I find myself [...]]]></description>
			<content:encoded><![CDATA[<p>Thanks to Dan and Concurring Opinions for inviting me to guest blog this month.</p>
<p>Yesterday was my last day of office hours for the semester; my Contracts students take their Fall exam today. It was a day full of emotions. My students are, understandably, anxious about final exams and worried about their first semester grades. I realized that the next time I see many of my students, it will be in office hours discussing why most of them did not earn an A or even a B+. Those office hours are hard on both the student and the professor. I want all of my students to do well, but I know most of them will not earn the grade that they want.</p>
<p>And so I find myself serving the role of teacher and supporter and wondering how the first-year experience might be transformed for law school students. In <a href="http://www.law.fsu.edu/academic_programs/humanizing_lawschool/images/daisy2.pdf"><em>Reclaiming Purpose: Our Students’ and Our Own</em></a>,</p>
<p>Daisy Hurst Floyd discusses the ways in which “law school causes students to lose the sense of purpose that made them want to be lawyers.” She writes of specific methods that can be used to “correct this failure” and relates that she has had numerous discussions “of whether it is realistic to view work as a calling, as defined by Frederick Buechner: ‘The place where your deep gladness and the world’s deep hunger meet.’”</p>
<p>To my mind, it may or may not be realistic, but it is certainly an ideal that I think we as professors should advise our students &#8212; and remind ourselves &#8212; to continually push toward. For if we use as our grounding this sense of “calling” rather than simply achievements, accolades, and competitiveness, our individual and collective lives are less likely to be full of stress, anxieties, and worries over perceived failures and more likely to allow us to face life with, as Floyd describes it, “a reclaimed sense of purpose.” The ideal should be one of daily confronting our calling as law professors and law students if we hope to move beyond the trivialities and disappointments that often occupy our daily lives and begin to do some of the hard work that we are uniquely trained to do.</p>
<p>This is not to say that good grades and other achievements are insignificant; indeed, such pleasures can serve to keep one moving forward.   Rather, it is to say that whether or not one is rewarded or acknowledged for one’s hard work and drive, the only way to live a rich life free of unnecessary angst – especially in the competitive field of law – is to recognize that our compass should always point toward our personal higher goal of fulfilling our unique missions – our callings &#8212; in work and life.</p>
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