Welcome to Professor Michael Smith

Smith_michael_rThis fall, Marquette University Law School is fortunate to have Professor Michael R. Smith as a Robert E. Boden Visiting Professor of Law.  Professor Smith is visiting from the University of Wyoming College of Law, where he is the Winston S. Howard Distinguished Professor of Law and the Director of Legal Writing.  Professor Smith’s work in legal writing and written advocacy is nationally renowned.  He has published a book on persuasive legal writing entitled Advanced Legal Writing:  Theories and Strategies in Persuasive Writing (Aspen 2002).  This book has received such interest and acclaim that the release of the second edition was the impetus for a 2008 conference, A Dialogue About Persuasion in Legal Writing & Lawyering, which was held at Rutgers Law School-Camden. 

Continue ReadingWelcome to Professor Michael Smith

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

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

Summer Reading List

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.

Continue ReadingSummer Reading List