Unfavorable feelings towards ideologies

[Steven Jamar]

I am pleased to see that Rick understands how one feels excluded when
someone else claims a lock on the truth, like each of the three
western religions does, and indeed, each of the multiple splinters
from that selfsame tree.

Nonetheless, I think it is more than sensible for a student like
Rick's son to go to a "pervasively secular" institution to be exposed
to those other ideas.  Certainly some there will judge an evangelical
fundamentalist student on his or her views, but I would think that
most would not.

I think in general Jim Maule has it right that to the extent we can
let others speak various positions, it is a better than the faculty
member taking a position.  But many of us have written textbooks and
articles with a point of view and our views are often known from these
things.  Making a position clear and one's position on it can be very
useful -- modeling how to critique a case; modeling that one can
disagree with supreme court decisions; etc.  Though, one's
responsibility is, as Jim says, to make sure the law is understood
(even if not fully accepted as right) as it is.

The biggest problem I have in exams is that when I have expressed a
view on the weak analysis of a case, or a preference for one approach
over another, a few students will attempt to patch into that in a
fawning sort of way or in an "take-him-on" sort of way because they
know I value independent thought to the detriment of clear, direct
analysis of the law.

I get so many questions from students, especially 1Ls about  the
extent to which I will grade on the basis of opinion matching mine,
that I wonder what is going on at undergraduate institutions that
leads them to think that that is the norm, or at least a significant
likelihood.

As a counter to this, I will, as I'm sure all teachers on this list
do, take a position in class that I do not agree with -- take the
other side from whatever the student takes.  Arguing against judicial
review is a fun exercise of this type -- to get students sensitized to
the majoritarianism-rightsism problem.

Steve




-- 
Prof. Steven Jamar
Howard University School of Law