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Cass R. Sunstein, Self-Silencing and Online Learning, 69 J. Legal Educ. (forthcoming 2021).


Abstract: Social influences play a large role in legal education, and they may lead to self-silencing, group polarization, hidden profiles, and cascade effects. In some cases, class discussion may converge on a view that is, in fact, supported by only a minority of students, who do not hear what others actually think or have to say. In other cases, the view is supported by a majority, but uninformed by the minority or minorities. The result can be a failure to take advantage of the information, experiences, or perspectives that students actually have. Given a certain distribution of social norms, or bad luck, conservative students might be silenced; the same is true of students with certain religious convictions, libertarian students, students with far-left views, female students, and students of color. Online learning might be designed or used in such a way as to reduce the relevant