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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Advice for Younger Scholars: Being Interesting
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Sunday, April 02, 2023
Advice for Younger Scholars: Being Interesting
Mark Graber
(I am doing a number of posts for Richard Albert's Global Summit on advice for younger scholars. This is the first. Happy for feedback) One of the most wonderful
experiences at conferences is being recognized by younger scholars. Most senior
scholars, like me, have weak egos. We are thrilled when a younger person
introduces themselves to us by noting that they remember a talk we gave or an
article we wrote. So for my and our sake, do not be shy. Say hello. Most of us, after a bit of
conversation on our favorite subject – ourselves – will have the decency to ask
you something to the effect, “what are you working on,” or “what are you
presenting.” Too often, I/we get the distressing answer, “nothing that would
interest you.” Why? One very disturbing answer is
that what you are working on does not really interest you. You are doing this
project because you think you need to do these sorts of projects to get a job,
be promoted, or get a better job. Avoid that path. The odds are you will not be
successful doing work you are not interested in. And even if you are successful
in the sense of getting a job, the odds are you will be unable to get off the
path of working on projects you are not interested in. Life is too short and
all of you are too capable to spend your lives doing projects that do not
interest you. In my next series of observations, I will talk more directly
about selling the project that interests you but you fear does not interest the
world. For the time being, I am going to assume that you are genuinely
interested in what you are doing, that you were just being polite when you told
me/us what you were doing is not interesting. But you have already defined
yourself as an interesting person (after all, you are interested in me/us!).
You have a foot in the door. I’m going to some panel at 3:00pm on Friday. Why
not yours? Make the case! Your challenge as an early
career scholar is to interest others in what you are doing. There is a market
for Kim Lane Scheppele or Ran Hirschl’s latest thoughts, even if they are
writing on foxhunting in 17th century England. There was no market for my works
when I was an early career scholar, except for my grandmother, who could be
counted to show everything I wrote to her bridge club and my father who could
be counted for a critique. Early career scholars must first interest people
before they are listened to or read. This is a more difficult challenge than
you think. For most of our education, we have no need to interest other people.
My dissertation advisor was paid to read my dissertation. Whether I got my PhD
depended on whether I managed to demonstrate adequate knowledge of a subject
matter and could say something original, not whether my advisors had to have
multiple cups of a caffeinated beverage in order to stay awake when reading my
materials. As graduate students we are never in a position of having to
convince professors to read our article rather than someone else’s, or a senior
professor to attend our panel rather than another panel (or just chat with
friends in the hallway or book exhibit). That is one of the new challenges of
being an early career professional. So, you just run into a
senior professor whose work you like in the hall or in the lobby of your hotel
and this person has just asked you what you are working on. The good news is
that there is no bad outcome. Senior Professor is going to a random panel at
3:00pm on Friday. If what you say does not seem interesting, you are no worse
off because Senior Professor probably was not going to attend your panel in any
case. But there is a winning outcome. Most of us are here to attend panels and
to meet exciting young scholars we did not previously know. So this is your
chance in 1-2 minutes of increasing attendance at your panel. Step one. Communicate your
enthusiasm. Why do you think your project is important? Why should everyone in
the field think your project is important? Communicate that. “I am presenting a
paper that gives a new angle of labor politics in France. I want to show that
scholars are overlooking how the decline of labor is contributing to the
erosion of constitutional democracy in France, and I suspect throughout the
world. If we want democracy, we have to have labor unions.” Or “I am writing on
local elections in Chile. Everyone pays attention to the big national bruhaha
over the constitution, but I can show that for Chileans, and I suspect most
people, what really matters is the local. When we focus on the national, we
miss what is moving the constitutional needle in Chile and elsewhere.” And so
on. For a great many Senior Professors I know (think of my friend Sandy
Levinson), almost any idea can interest us if conveyed with appropriate
enthusiasm and context. Making people excited about what you are excited about
is one of the great joys of academics. Sometimes, as in my example of local
elections in Chile, your excitement challenge is explaining why anyone ought to
be interested in what you are researching. Sometimes as in a project on
abortion rights in the United States, your excitement challenge is explaining
why you are not merely repeating well-worn arguments. So you want to tell me
that even though I have never thought about bureaucrats in southeast Asia, your
research really does have implications for the big issues in the public law
fields. And even though the debate over same-sex marriage is suffering from
diminished intellectual returns, your analysis of the movement in southern
Africa suggests a global south approach largely unknown among the usual
suspects. Keep your focus on engagement
when you present. Do not try to present as much of your paper as you can in
your allotted time. That will likely create confusion and possibly be boring.
Your goal is to convince the audience that you are saying something important.
Your project is interesting and important. You have done or are doing the
research necessary to have interesting and important things to say about this
interesting and important subject. This means concentrating on the strongest
and most interesting parts of your project, leaving other details for later.
Remember, your goal is engaging your audience, not getting a good grade. You
cannot engage a scholarly audience if your work or research design is shoddy,
but your job when presenting is to convince your audience you have something
original and important to say about an important matter, not to convince them
you are 100% right. So, how do you become an
engaging presenter? In one sense, I do not know. What works for A may not work
for B. Consider my dean or Richard Albert, both of whom are terrific
presenters. I watch them. One of their very good habits is that they always
move with purpose (did you notice that the microphone never moves when Richard
is speaking, so his voice does not appear to go in and out). I am very poorly
coordinated. My movements are jerky. My goal when I speak is to prevent
distracting movements, not to move with purpose. How well coordinated are you?
If you can’t wait to get on the dance floor after (or even during) a
conference, consider ways that purposive movements might work for you. If you
were banned from dance class after two lessons, try another tactic. Go to lots of panels,
particularly on topics that might not fully excite you. Always ask yourself why
you were engaged or not engaged by different speakers. How did their movements
affect their presentation? How did the modulation of their voice affect their
presentation? How did they use stories? How did they present their argument?
Which of their best habits might you borrow? Which of their bad habits might
also be your habits? I have trouble with speakers who think a presentation is a
stream of consciousness. But too often, I can lapse into a stream of
consciousness. Seeing speakers be ineffective helps me guard against that bad
habit in my presentations. I was almost 40 when I gave a talk that just felt
right. That became my scholarly voice. Other friends are still experimenting.
You should experiment as well. Big conferences are great
opportunities. You have opportunities to engage people when presenting, when
asking questions, in the hall, and in the hotel lobby. Never miss a chance to
be interesting. Practice with your friends. Practice with your advisor.
Practice on me. If you engage, SUCCESS, and, if not, you are merely one of the
hundreds of people at the conference. Downsides are limited. Take advantage of
those opportunities. Experiment with different approaches to presenting your project.
Experiment with different styles of presentation until you hit upon the style
that just feels right. And as you experiment, you will start to build a cohort,
which is the subject of another conversation on interdisciplinary scholarship,
in particular, and building your scholarly cohort more generally.
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Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |