Friday, April 02, 2004

Maybe I should reconsider spectator sports

Yesterday, in our discussion of custody and physical placement (in the Family Law class) I gave examples of cases I had worked on that had, in my opinion, an incorrect result despite the fact that a text-book reading of the fact patterns would have lead you to predict a decent outcome. I had wondered if the students could really understand this peculiarity about family law – it can be unpredictable because so many factors can confound and confuse the proceedings. I was gratified, therefore, to get the following email from a reader this morning. She was reflecting on the class discussion and thought of it in this way:

Here's a basketball metaphor I think applies here: anybody can learn to dribble the ball down the court to the basket, and make a stylistically brilliant shot from different points on the perimeter, with enough practice and diligence, if you're playing alone with no other players. However, in the real game, even just a one-on-one, there is another person always covering you, trying to stick their hand into your dribble and get the ball, and block where you can move on the court, block your shot once it leaves your hands, etc., which severely limits what parts of your game you can play depending on the opponent. Like in family or custody law: any book could summarize how the custody decisions are made on paper, or you could read the statute and think that's easy enough, but your real-world explanations today were kind of like the defense checking the ball handler.

I’m impressed. Sports metaphors typically elude me (is that ever obvious – see posts below), but this one hit home. This semester I have a renewed respect for the playing field, and an exponentially growing admiration for the students in my classes.

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