
I was crazy once

This semester, I'm taking a gender and the law class from a brilliant feminist professor. On the first day I immediately thought, "Where have you been for the last 2.5 years!?" During the first hour of class she stated that, "Privilege is never having to think about whether you deserve to be at the top." Ahh, suddenly I was breathing familiar air.
Even in my final semester of law school, so much of my legal education still feels foreign. I've accepted that I will never get used to this level of privilege. I will never get used to people in the grocery store assuming that I'm smarter than they are just because I will one day have a law degree. I will also never get used to many of my classmates who believe they are entitled to the benefits of other people's history and labor. I will never get used to the narrow lens through which the law is usually taught and I will never (ever) get used to the fact that ideas are taught as "objective" just because they are main stream.
During the same class as the privilege discussion , the professor identified Lochner v. New York as "class warfare." I remember thinking something along those lines as I sat silently in my constitutional law class during my 1L year. My 1L self, of course, didn't say this out loud. The way Lochner was taught to me was much more similar to the Wikipedia version and, well, I felt a little craz for thinking otherwise. According to my con law professor, and Wikipedia, Lochner "was a landmark United States Supreme Court case [... where the Court] rejected the argument that [a New York employment law] was necessary to protect the health of bakers." I thought I was nuts for even wanting to talk about class and social inequity. And then, last month I heard my own voice reflected at the front of the classroom. Yes! Of course! This case was about class!
But talk about class in law school? I can imagine few things that are more taboo. You might as well be talking about elicit sexual liaisons between professors and students. It has taken me all six semester to find someone who has even acknowledged the subject. I've written before about losing myself in law school. About feeling out of place and, frankly, crazy. It's nice to know that even if I am crazy I'm in the company of a brilliant professor. Even if class warfare and homogeneity in law school is all in my head...it's nice to know that it is in someone else's head too. It doesn't hurt that the other someone has a Harvard Law degree.
This post is cross posted at http://reconstructinglawschool.blogspot.com
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Comments
So Interesting!!
This is the exact same way I felt in law school until I had the opportunity to take Feminist Jurisprudence with a brilliant professor (who also went to Harvard)!
For example, I always struggled with the idea of the "reasonable man" until we talking about it in Fem Jur. I was glad to realize that I wasn't the only one question who is this reasonable man?? He sounds like he is 7 feet tall and 350 pounds!
My Con Law Prof (my Fem Jur Prof's husband...who also went to Harvard) actually taught Lochner both ways. He said this is what you will hear about Lochner in your typical law school class...and this is what it was really about! It was so confusing, but very enlightening at the same time. In fact, that Prof usually gives a question on the final where Lochner is still good law!
Law school will make you feel crazy...until you realize that you are actually pretty sane and it is the law that is crazy lol