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September 28, 2005
Seeing the World through the Lens of Yale
(Note: This is happily something I no longer much fear; I now simply accept it. A more advanced stage of scholarly grieving. )
So I called one of my old Yale Law School professors--a very sympathetic sort--for advice. Why, I asked him, did nobody who "mattered" seem to know what I was doing? And how could I change that?
I will never forget his first piece of advice: "Well, Eric, why don't you publish an opinion piece in the New York Times? People seem to notice those."
I mention this because I think it reveals in a single sentence how rarefied and artificial the atmosphere can be at Yale Law School. This professor--truly a kind and sensitive man--simply assumed that I could snap my fingers and publish an opinion piece in the New York Times. He was so accustomed to people paying attention to his thoughts and words--or, in any event, so persuaded that people pay attention to his thoughts and words, without regard for whether people actually do--that he assumed that everyone's life was basically like his.
An awareness of this, I think, is what is missing from David Bernstein's "preemptive defense" of the Federalist Society that he published yesterday at the Volokh Conspiracy. Bernstein defends what he sees as the broad ideological diversity of the Federalist Society by listing and describing the students who were active in it in the Yale class of '91. (He does this to try to head off debate about the significance of the next Supreme Court nominee's potential Federalist Society membership.)
Bernstein's mistake is to generalize from the experience of Yale Law School. Perhaps the Class of '91 Federalists at Yale were the eclectic and eccentric bunch that David describes. But that is not so much a reflection of the Federalist Society as it is a reflection of Yale Law School. Yale Law School attracts far more than its share of eclectics and eccentrics. That is probably the major part of the school's charm. (That, and New Haven.)
My observation of the Federalist Society chapters at the two state schools where I have taught--and I'm judging here by the public programs they sponsor--suggests considerably less ideological diversity than the melting pot that David Bernstein enjoyed at Yale.
I am not suggesting that a more uniform ideological cast to the Federalist Society at schools other than Yale is a bad thing or a good thing. I'm just arguing that the Federalist Society at Yale Law School in 1991 was no more "standard" a model of the Federalist Society than Yale Law School itself is a "standard" model of a law school.
Posted by Eric at September 28, 2005 8:33 AM
Comments
At my law school, the Federalist Society has a little student office, with a bulletin board. Last year, they had two articles posted for a very long time- I think they stopped remembering to update the board.
One article was about how they encourage wide ranging debate, a plurality of ideas, etc. This is their usual self description, you've probably heard it.
The other article was about how republicans like to appoint federalist society judges because "ideologically, you know what you're going to get."
It was an interesting juxtaposition.
Posted by: Patrick at September 28, 2005 11:35 AM
People join clubs for a number of reasons. I considered joining the Federalist Society because I enjoy a well-articulated, intelligent contrarian view, and I was more likely to hear a sophisticated conservative argument from there than from Fox news, the man on the street, or right-brained bloggers.
Gee, I'm so glad I didn't join the FS, considering the readiness of people, even really smart people, to judge you by association.
Where are the freethinkers among us?
Posted by: David Marshall at September 28, 2005 1:45 PM
ah, the joys of being an Eli.
It's a different matter up the hill at the Divinity School, but i can assure you that the constant is that speaking is thought to be a right, not a priviledge. Maybe not among the professors as much, but the students seem rather infected.
Also. How can you describe New Haven as contributing to the charm of anything? Unless that's a very snide comment on the uncharming nature of the law school that the city actually helps matters...
Posted by: Ben Wurtmann at September 28, 2005 3:00 PM
But Supreme Court justices are much more likely to come from law schools like Yale, so Bernstein's point is well-taken in the context in which it was made.
Posted by: sean at September 28, 2005 4:04 PM
Harriet Miers went to Southern Methodist University.
Posted by: Eric at September 28, 2005 4:08 PM
The Harvard chapter in the mid 1990s was very much the same as Yale in 1991; if anything, it was more diverse.
Posted by: Joe at September 28, 2005 5:54 PM
Eric, I've spoken to a number of Federalist Society chapters and I have to say that my experience, in re: ideological diversity, largely comports with David Bernstein's observations.
Posted by: Cathy Young at September 29, 2005 3:27 PM
At the University of Colorado, our active Federalists are also our active Law School Republicans.
Posted by: Colorado Law at September 29, 2005 10:50 PM
Crony-ism exists in every law school, progresses into the courts and law associations, corporations and finance. Whether or not it is a good thing for the country is a matter of opinion. More important than Harriet Meier's legal background (conservative bar association and head of the largest corporate law firm in Texas) is her Christian background, public service record and views regarding individual rights in our democracy. Only years of service on the court will reveal her committment to the Constitution vs her loyality to President Bush and his faith-based goals for America.
At least, Meiers is better than Pricilla Owens, but the Senate may cast a skeptical view on Meier's lack of conservative credentials and, from the left, her loyalty to a president who will be out of office thirty-eight months from now.
Posted by: Roger B. Smith at October 3, 2005 9:16 AM
People join clubs for a number of reasons. I considered joining the Federalist Society because I enjoy a well-articulated, intelligent contrarian view, and I was more likely to hear a sophisticated conservative argument from there than from Fox news, the man on the street, or right-brained bloggers.
Posted by: Stan at January 14, 2006 5:28 AM