do you really not want it, or did you just get rejected?
🎶 Wicked Games (HugLife aka DJ Slink Remix) - The Weeknd
We've all heard about the school shooting in Uvalde, TX, by now. (If not, here's a primer from the New York Times.) I have nothing large or profound to say about it--just an overwhelming sadness. In my Legal Research & Writing class during 1L, I worked on an appellate brief and oral argument on behalf of my fake clients in a fake negligence case against a fake gun manufacturer that sought to impose fake liability on the gun manufacturer. Back then, I felt so empowered, like maybe if I just wrote the perfect brief with the perfect argument, I could change everything.
I was about to call my former self "naive," but you know what? I don't want to fall into the trap of seeing people around me not change things and consequently call anyone who has hopes of changing things "naive." Reality can always change in an instant, as we've seen. In any event, if your wallet can swing it, consider donating to the victims of Robb Elementary School.
don't confuse rejection with lack of desire.
I recently read a profile on Ke Huy Quan, the actor who played the captivating and multi-dimensional male protagonist in Everything Everywhere All At Once, and one paragraph cut me to the core:
It didn't take [Ke Huy Quan] long to discover that Hollywood roles for Asian men were few and far between. [] Decades passed. Not until Quan saw the success of Crazy Rich Asians in 2018 did he allow himself to think about performing again. "I was happy working behind the camera, but this entire time something felt missing," he says. "When those opportunities dried up, I spent a long time trying to convince myself that I didn't like acting anymore. I didn't want to step away with the feeling that it was because there were no opportunities. I was lying to myself."
Lying to yourself about what you want because you don't see opportunities for yourself. It's a variation on the age-old theme of "leave before you are left," which I think is probably circulating around all of the (bad, imo) dating advice TikTok accounts that are cropping up at an alarming rate. It sounds intuitive and like common sense, but let's examine it more closely.
"Leave before you are left" is, at its essence, a defensive posture. It centers the actions of unidentified third parties, not your own thoughts and desires. This is certainly fine to do sometimes, but I'm always wary of life directives that center other people and not you, the very person who will be living said life. Living your life solely in the spaces that others want you to be in is certainly no way to live.
But how many times have I chosen to do exactly that? Countless times. I got a B+ in my first English class in college and told myself that I didn't really want to pursue writing as a career. A mean girl in high school said that I sucked at singing and ever since then, I tell everyone that I don't like karaoke (even though my friend and I would spend hours singing the same three songs on her karaoke machine in middle school). I didn't know how to interact with pets as a child so committed to not being a "pet person," and now I can't imagine loving my cats any more than I do.
Point is, it is easy to confuse rejection with your own lack of desire, when rejection is a necessary output of pursuing what you desire. You can't succeed if you don't fail. (Or if you did, you weren't aiming high enough.) For most of us, no one is going to make room for us to sit comfortably in the world, and in fact, many are going to jostle and fight us as we try to take our place. Let's not forget that when RBG entered Harvard Law School, the dean asked her and the small group of women law students, "Why are you at Harvard Law School, taking the place of a man?" If she had confused the industry's rejection of her with her own lack of desire to participate, well... I don't even really want to think about that.
✍️ ask cece
what can i do to learn more about privacy law as a practice area?
Q: What courses or other readings would you recommend for law students or new lawyers interested in privacy law?
- Anonymous
A: Privacy law (and privacy more generally) is a hot area, which is great for law students and new lawyers alike--you can really develop familiarity with the subject matter in tandem with more senior lawyers, even partners at law firms. If you're interested in learning more about privacy law, look to:
1. Privacy and tech courses. HLS didn't even offer privacy-specific courses when I attended, but I've heard from others that there are classes on data privacy nowadays! Definitely take those. If your school doesn't have them, I recommend tech law courses like intellectual property or telecommunications law, as you'll see hints of IP and telecomm in privacy laws and theory. There's also a noticeable overlap between privacy and reproductive rights, as privacy theories stem from the same cases as abortion, so if you're interested in a broader application of privacy case law, family law and classes about feminism and law offer really insightful tie-ins, as well. Lastly, courses about digital surveillance or national security will also pay homage to privacy, so those could be good to take. For new lawyers, there is an increasing number of CLEs about privacy, so take advantage of those whenever you see them!
2. Twitter and newsletters. Twitter, particularly if you follow privacy lawyers and privacy academics, is a great resource to keep up on privacy trends and thinking (a search for #privacy or #privacylaw can yield some starting points). I also like POLITICO's newsletters, and they have one about cybersecurity (Weekly Cybersecurity), one about national security (National Security Daily), and one about tech (Digital Future Daily). Cyberlaw research centers (like the Berkman Klein Center at Harvard) also have newsletters. When I was at the Firm, I liked the IAPP newsletters, as well, but they're unfortunately only available to members, so if your firm is a member, take advantage of that. For students, your law school might offer IAPP memberships to students, either themselves or through a student org (like the law and technology journal or cyberlaw clinic or similar). Students get discounted membership at $50, so it's something you could consider even if not paid by your school or a student org.
3. Student organizations and clinics. For law students, your time in school is the best and easiest time to gain experience in a practice area without the "locking in" effect that kicks into place when you actually begin practicing. Take advantage of that! Get involved in research centers, clinics, and student orgs that are related to law and technology--you will get inundated with opportunities and seminars and things to read that you won't even have time to do all of. I did the Cyberlaw Clinic and was on the Journal of Law & Technology during law school, and I can't tell you how helpful it was to have that track record of demonstrated interest and experience for me when I was trying to shift my practice more towards privacy.