Stephen Jay Gould on Jim Bowie, Bill Buckner, and Storytelling

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AlamoStephen Jay Gould, the eminent scientist and Harvard professor, was interested in human pattern recognition in stories.  He referred to the patterns that human minds want to create as “canonical stories.” His essay entitled “Jim Bowie’s Letter and Bill Buckner’s Legs”, which appears in I Have Landed:  The End of a Beginning in Natural History, describes two famous stories — one of Jim Bowie at the Alamo and the other of Red Sox first baseman Bill Buckner.    

Gould explains how both of these stories have often been patterned into the form of a canonical story.  In the Alamo story, the canon focuses on the Alamo defenders’ valor and honorable death.  William B. Travis, a young commander at the Alamo, wrote a letter describing the siege, which ends with the phrase “VICTORY OR DEATH.”  (60)  This famous letter is often cited in Alamo legend, but Gould points out that Bowie also wrote a letter, which fails to get mentioned because it does not fit with the canon.  (60)  He goes so far as to say Bowie’s letter is “hidden in plain” sight, ignored in a glass case at the Alamo museum.  (60-61)  Bowie thought that Santa Anna was willing to negotiate, and he wrote in Spanish to Santa Anna asking whether Santa Anna had called for a parley.  (61-62)  Santa Anna responded that he would have no mercy without unconditional surrender.  (62)

Gould then surmises that even with this response, had Bowie been less ill, “some honorable solution would eventually have emerged through private negotiations” because Santa Anna and Bowie were seasoned battle veterans.  (62-63)  Continue reading “Stephen Jay Gould on Jim Bowie, Bill Buckner, and Storytelling”

Summer Reading List

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booksIn his remarks at the hooding ceremony this spring, Dean Kearney encouraged our law graduates to remain active readers.  And during a recent presentation to the Marquette law faculty, Professor Julie Oseid asked us how many books we have on our nightstands.   

That question left me with another: what books are folks reading over the summer for pleasure?  Reading is one of the great joys in life.  Choosing the next good read is almost as satisfying.  We would love to know what books others are reading or have already read this summer to add to our own nightstand collections.  After all, we still have a few weeks to fit in some reading before classes start.   

This summer, I especially enjoyed reading— 

The Historian, by Elizabeth Kostova:  a Dracula tale, with a literary tour of Central and Eastern Europe.

The Best American Science and Nature Writing 2008, Jerome Groopman and Tim Folger, editors:  a compilation of beautifully written articles from magazines like The New Yorker.

When You Are Engulfed in Flames, by David Sedaris:  I read a third of the book before even leaving the bookstore.      

List yours to add to another nightstand.

What’s Your Archetype?

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Saint_george_raphaelThis past year I came across a terrific article by Professor Ruth Anne Robbins on using archetypes to develop a client’s story.  (Harry Potter, Ruby Slippers and Merlin: Telling the Client’s Story Using the Characters and Paradigm of the Archetypal Hero’s Journey, 29 Seattle U. L. Rev. 767 (2006)).  An archetype is an innate prototype, or epitome, of a personality.  The Swiss psychologist Carl Jung advanced the theory that some personality types or characteristics are universally recognized.  The American mythologist Joseph Campbell was influenced by Carl Jung’s work on archetypes and considered how archetypes manifest in mythology.  Professor Robbins examines how Jung’s and Campbell’s theories can be used in a practical litigation and courtroom setting.   

In her article, Professor Robbins suggests that archetypes, as universally recognized symbols, can be used to create a compelling image of a client.  As Professor Robbins states, “Because people respond — instinctively and intuitively — to certain recurring story patterns and character archetypes, lawyers should systematically and deliberately integrate into their storytelling the larger picture of their clients’ goals by subtly portraying their individual clients as heroes on a particular life path.”  (768-69.)  The key to using archetypes is to tap into a judge or jury’s unconscious to align the client’s story with a hero’s transformative journey. 

How do you put your client on the path of a hero’s journey?  Continue reading “What’s Your Archetype?”

NAAC Wrap-Up: Congratulations and Thanks

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Congratulations again go out to Stephen Boyett, Carrie Devitt, and Jessica Franklin for their outstanding finish at the National Appellate Advocacy Competition finals this past weekend.  The team placed among the final 16 in the nation.  The competition is hosted by the American Bar Association.

Both of Marquette’s teams, including the team composed of Elizabeth Champeau and Thomas Worsfold, distinguished themselves at the competition this year.  Both teams did well because they maintained a consistent effort throughout the competition.  They worked diligently on their briefs, and both teams achieved high scores on their briefs.  They also met numerous times with practices judges to hone their arguments.  The teams and I would like to thank the following practice round judges for all of their assistance this year:

Michael Aiken, Katie Bender, Rebecca Blemberg, Jesse Blocher, Bruce Boyden, Christopher Brunson, Kristina Cerjak, Michael Cerjak, Elizabeth Champeau, Wade DeArmond, Teague Devitt, Christopher Eisold, Rick Esenberg, Andrew Finn, Michael Fischer, Janine Geske, Kathleen Goodrich, Jeff Greipp, Jay Grenig, Nadelle Grossman, Martha Hamilton, Sam Hamilton, Thomas Hruz, Joseph Kearney, Jennifer Kreil, Mark Leitner, Alan Madry, Lisa Mazzie Hatlen, Natalia Minkel-Dumit, Brent Nistler, Julie Norton, Michael O’Hear, Joseph Peltz, Janice Rhodes, Peter Rofes, Paul Secunda, Bonnie Thomson, Michael Tuchalski, Carey Villeneuve, and Michael Waxman.

Marquette’s National Appellate Advocacy Competition Team Advances in Finals

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The Marquette NAAC Moot Court team advanced through the first day of competition at the national finals in Chicago on April 2.  The team is one of 24 teams to have made it to the finals from the six regional rounds held across the country.  The finals are being held at the federal district court in Chicago.  Sixteen teams will be competing in the octafinal round on April 3.  

Congratulations to team members Stephen Boyett, Carrie Devitt, and Jessica Franklin.

Congratulations to the Marquette National Appellate Advocacy Competition Team

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Congratulations to the Marquette National Appellate Advocacy Competition (NAAC) team!  On Saturday, our students distinguished themselves at the Boston regional NAAC competition.  Stephen Boyett, Carrie Devitt, and Jessie Franklin won each of their five rounds of competition, and they will be advancing to the National Finals in April.  Elizabeth Champeau and Thomas Worsfold advanced to the semifinal round.  The students also distinguished themselves in obtaining high scores on their briefs. 

Approximately 190 teams entered the competition and are participating in six regional competitions.  Only the top four teams from each regional round advance to the National Finals in Chicago.

Both teams have worked hard to prepare for competition.  The students put many hours into preparing their briefs and oral arguments.  We appreciate the assistance that many local practitioners and law faculty gave us in preparing for the oral arguments.  We are especially grateful to Attorney Michael Cerjak, a 2008 law alum and former NAAC competitor, who organized and attended numerous practice rounds.  Michael surprised the team by flying out for the final rounds on Saturday. 

Congratulations, Team!  I’m proud of you!!

Outliers and the Health and Wellness Fair at MULS

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I appreciated Professor Dan Blinka’s thoughtful post on the book Outliers.  The book begins with a quote from the book of Matthew in the New Testament:  “For unto everyone that hath shall be given, and he shall have abundance.  But from him that hath not shall be taken away even that which he hath.”  Matthew 25:29.  Malcolm Gladwell refers to this quote in the title of the first chapter as the “Matthew Effect.” 

This passage from Matthew always makes me squirm, because it doesn’t seem to square with another famous passage from the Bible that “the meek shall inherit the earth.”  Gladwell’s first chapter similarly made me slightly uncomfortable, because it suggests boldly that such undeniably unfair factors as the month into which a person is born may determine whether they end up as a professional hockey player.  Gladwell may well be right, and his insight is in its own way stunning, but it still makes someone who likes to be in control of his or her own destiny feel suddenly out of control. Continue reading “Outliers and the Health and Wellness Fair at MULS”

Appreciating Our Professors: Dean Howard Eisenberg

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Francis de Sales, the bishop of Geneva in the early 1600’s, said “the measure of love is to love without measure.” The late Dean Howard Eisenberg embodied this message. Dean Eisenberg gave his love without measure to the Law School, the legal community, and the pro bono clients he served.

I met Dean Eisenberg shortly after I graduated from college. At the time, I was teaching high school English. Dean Eisenberg talked to me about the legal profession as a helping profession — that lawyers are uniquely situated to protect and aid the individuals and entities they serve. Dean Eisenberg’s comments so inspired me that I decided to apply to law school. Dean Eisenberg’s presence at the Law School also convinced me that it was the right place to go to school. Any place, I thought, that had the good sense to have him at the helm was a place where I wanted to be.

In my second year of law school, Dean Eisenberg again influenced my life when I took his appellate advocacy course. That class turned me onto advocacy. I remember the thrill when I found the key case for my side in the Wisconsin reporter stacks. As I drafted the brief, I felt the joy of crafting language that would persuade a court. In that class, we also had to make an oral argument. I enjoyed turning my brief into an oral argument and observing how my use of language changed from its presentation in written form to oral form. I was hooked on advocacy, and I decided to go into litigation.

The last memory I have of Dean Eisenberg came two weeks before his untimely death. Continue reading “Appreciating Our Professors: Dean Howard Eisenberg”