Teaching Health Law the Professor's Viewpoint: Should We Say What We Think in the Classroom?

Jaeckel R. , “Forced Politics and Law School,” The Docket at Georgia State University College of Law 12, no. 6 (April 2003): 4.

Jones C. J. recounted this story and her own approach to self-disclosure in “Teaching Bioethics in the Law School Classroom: Recent History, Rapid Advances, the Challenges of the Future,” American Journal of Law & Medicine 20, no. 3 & 4 (1994): 417–437, at 424, n. 31, in a symposium volume dedicated to the memory of Jay Healey.

Howard Jenkins S. Johnson B. R. Jennings Helweg O. , “God Talk by Professors within the Classrooms of Public Institutions of Higher Education: What Is Constitutionally Permissible?” Akron Law Review 25, no. 2 (1991): 289–314, at 289–90, 313–14 (arguing that “it would seem that professors who submit their world views for students' consideration are more honest and demonstrate greater concern for the whole student than professors who do not”).

Cramton R. C. , “Beyond the Ordinary Religion,” Journal of Legal Education 37, no. 4 (1987): 509–518, at 516. (“We pretend that we are technicians teaching technique in a value-neutral context in which every-one decides individually the uses to which technique is put. But the falseness of the pretense and the empty superficiality of much of what we do pushes many of us from time to time to invite an exploration of more serious matters by being open with our students and readers about our own fundamental commitments.” Id., at 513.)

See Calhoun S. W. , “Impartiality in the Classroom: A Personal Account of a Struggle to Be Evenhanded in Teaching about Abortion,” Journal of Legal Education 45, no. 1 (1995): 99–112, at 105.

Black C. L. Jr. , “Reflections on Teaching and Working in Constitutional Law,” Oregon Law Review 66, no. 1 (1987): 1–17, at 9.

Rhode D. L. , “Legal Education: Professional Interests and Public Values,” Indiana Law Review 34, no. 1 (2000): 23–45, at 24, 29–35.

Hayden P. T. , “Professorial Conflicts of Interest and ‘Good Practice’ in Legal Education,” Journal of Legal Education 50, no. 3 (2000): 358–371, at 371 (quoting Mallen R. E. Smith J. M. , Legal Malpractice, vol. 2, 4th ed., [West Publishing Co.: St. Paul, 1996]: Section 15.14, at 369).

Association of American Law Schools, Statement of Good Practices by Law Professors in the Discharge of Their Ethical and Professional Responsibilities (November 17, 1989, amended May 2003), available at <http://www.aals.org/about_handbook_sgp_eth.php> (last visited June 20, 2007). The same holds true for scholarship: “A law professor shall also disclose the fact that views or analysis expressed in any covered activity [including published work, oral or written presentations to conferences, drafting committees, legislatures, law reform bodies and the like, and expert testimony] were espoused or developed in the course of either paid or unpaid representation of or consultation with a client when a reasonable person would be likely to see that fact as having influenced the position taken by the professor.” Id.

See Hayden , supra note 8, at 368.

Hess G. F. , “Heads and Hearts: The Teaching and Learning Environment in Law School,” Journal of Legal Education 52, no. 1 & 2 (2002): 75–111, at 89.

Id., at 105.

Sullivan K. A. , “Self-Disclosure, Separation, and Students: Intimacy in the Clinical Relationship,” Indiana Law Review 27, no. 1 (1993): 115–155.

Id., at 117, 128, 131–32, 138, 154–55.

Smith D. H. , “On Showing Your Hand” (2003): 5 (unpublished manuscript on file with the author).