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Reading: Gerry Spence, Gunning for Justice (Garden City, New York: Doubleday & Co., 1982) Background: Cases Discussed in Gunning for Justice
Bibliography: Karen Silkwood Howard Kohn, Who Killed Karen Silkwood? (New York: Summit, 1981) Richard Rashke, The Killing of Karen Silkwood (New York: Houghton Mifflin Co., 1981)(Ithaca, New York: Cornell University Press, 2nd ed., 2000)(For the Cornell University Press edition, the author has included three new chapters on what has been learned about Silkwood since the book's original publication, and what has happened to individuals involved in the drama.)
Reading for the Assignment
But the meaning of the humanities can go beyond even that, and in many different directions. Reading texts composed by other minds in other worlds can help us see more clearly (what is otherwise nearly invisible) the force and meaning of the habits of mind and language in which we shall in all likelihood remain unconscious unless led to perceive or imagine other worlds. We can thus learn to read humanistic texts with an eye to understanding: the language and culture in which they are composed; the art by which actors in he worlds defined by these languages (and the authors of texts written in them) struggle to come to terms with them; and the kind of ethical and political relations that speakers within the world of the text, and the author of the text in his writing of it, create with their respective interlocutors. In all three respects we can hope to find in them a ground for the criticism of our own world, of our own texts, and of our own relations with others." [James Boyd White, What Can a Lawyer Learn from Literature? (Book Review), 102 Harv. L. Rev. 2014, 2022 (1989)]
Tim Nolan writes: "I write poetry and, from time to time, publish it. I also practice law. The two occupations are not always mutually exclusive. There are interesting moments when one discipline seeps into the other, and there seems to be sense--poetic or legal--as it may be. There are other times when my dual interests could not seem further apart. During a prolonged and boring deposition a few months ago, my attention wandered out the window of the conference room to a hawk spiraling above the river bluffs with perfect grace and intention--making our lawyers' squabbles over construction change orders and contract interpretation seem remote and intensely silly. The poetry of the hawk's flight was obvious. The poetry of the stock phrase in an answer to a complaint--"Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter, and, therefore, denies the same"--is less apparent. Yet at the same time, I have come to value the precision and sense of a good legal argument--it is not unlike the argument of a good poem--quick, irrefutable and pressured by precedent. Lawyers cite to state and federal appellate courts. Poets use the precedent of Walt Whitman or Rainer Maria Rilke. The mind--sorting through history, memory, emotion, personal experience--ought to inform both poetry and the practice of law." [Tim Nolan, Poetry and the Practice of Law, 46 So. Dak. L. Rev. 677 (2001)][For a hawk poem, by still another lawyer/poet, Warren Woessner, see, "Our Hawk."] During the course of my correspondence with Reisman, we've exchanged a good many ideas about lawyers and about poets, and fair number of other things. Along the way, both Reisman and I have tried to think carefully about the person who happens to be both lawyer and poet. As a student of law, you have, set out to be a lawyer; most of you have given little thought to being a poet. So, we're faced with the question: What does the lawyer/poet have to do with where you are going, with what you have set out to become? Musing about these sorts of questions, Reisman wrote this little note to me: "What, if anything, does this poetry have to offer as a sort of trail marker? I would think that your students might be uncertain about how they might be lawyers and maintain (or even develop) their humanity. Does reading these poems give aid in finding one's way? Would writing them help the poets themselves as they navigate in the dark?" Reisman's questions provide, I think, a first link between poetry and Spence's art of advocacy.
Robert Bly doing the Poetry of Kabir Coleman Barks & Robert Bly doing the Poetry of Rumi Robert Bly doing a Kabir Poem Robert Bly--"The Blinding of Sampson" Robert Bly reading Antonio Machado's "Last Night as I was Sleeping" Note: [Rumi: The Best Selling Poet in America][Rumi read by Coleman Barks] Wendell Berry: Kentucky farmer|poet|novelist|essayist A reading of Berry's "Manifesto: Mad Farmer's Liberation Front" Brian Mclaren reads Wendell Berry's "The Peace of Wild Things"
The Gerry Spence tapes that we're going to be watching over the course of the next few weeks are video footage of the Sandy Jones ("Smoking Gun") murder case in Oregon. There will be a small group presentation on Gerry Spence's The Smoking Gun (New York: Scribner, 2003) before we complete the course. The book is quite good, and I recommend that you read it now. It provides a good deal of context on the prosecutorial misconduct in the Sandy Jones case, a three week pretrial hearing on the misconduct, and Spence's efforts to have the case dismissed.
[Richard Krech reading: Travel Poems -- Later Poems -- A Fable]
Group #1: Board, Wohl, Levin, Clarke ["Deception & Truth" in the Schrager book][Cross-Examination in Spence's Win Your Case][Book selected: Murder & Madness] Group #2: Aker, Hartung, McGee, Green ["Drama" in the Schrager book][Opening Statement in Spence's Win Your Case][Book selected: Half-Moon and Empty Stars] Group #3: Almase, Pratt, Covert, Evans ["Identity" in the Schrager book]["Closing Arguments" in Spence's Win Your Case][Book selected: The Smoking Gun] Group #4: Conifer, Willes, Schmitt, Brummond ["Style" in the Schrager book][Direct Examination in Spence's Win Your Case][Book selected: Trial by Fire]
Trial footage of the Spence's cross-examination of the ballistics expert in the Sandy Jones/"Smoking Gun" case. Finish reading Spence's The Smoking Gun.
Group #2: Aker, Hartung, McGee, Green ["Drama" in the Schrager book] Group #4: Conifer, Willes, Schmitt, Brummond ["Style" in the Schrager book] Group #3: Almase, Pratt, Covert, Evans ["Identity" in the Schrager book] Group #1: Board, Wohl, Levin, Clarke ["Deception & Truth" in the Schrager book]
Group #2: Aker, Hartung, McGee, Green ["Opening Statement"] Group #4: Conifer, Willes, Schmitt, Brummond ["Direct Examination"] Group #1: Board, Wohl, Levin, Clarke ["Cross-Examination" ] Group #3: Almase, Pratt, Covert, Evans ["Closing Argument" ]
Group Presentation: Gerry Spence's Half-Moon and Empty Stars Group Presentation: Gerry Spence's Trial by Fire
Group Presentation: Gerry Spence's Murder & Madness
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Gerry Spence & the Art of Advocacy
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