Tell Me a Story

Little_Red_Riding_Hood_WPA_posterOnce upon a time . . .

I started my last post with those same four words, so I hope you’ll forgive me the repetition. They’re good words for a beginning (though perhaps not in a piece of legal writing!). But why are they such good words to start with? I could wax poetic about creating a sense of nostalgia for a time long past, where wonderful things were possible . . . but that’s not it. They’re good words for a beginning because we all know what comes after them: a story.

Stories are powerful things. For millennia, human beings have told each other stories. We pass down knowledge and wisdom, warnings and inspiration to each other through tales. Myths from cultures all over the world and all throughout history were created to explain natural phenomena, and to try to answer questions about the deeper meaning of human existence. Folk tales and fables teach lessons about hubris and humility, social values and the dangers of greed and other vices. In the Christian Bible, Jesus teaches using parables that will be familiar to anyone who went to Sunday School—the mustard seed, the prodigal son. Why? Isn’t it easier to say, for instance, “Don’t be too greedy!” than to tell the story of King Midas?

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Early Wisconsin Law: A New York State of Mind

Chancellor James Kent
Chancellor James Kent

This is the third in a series of Schoone Fellowship Field Notes.

Legal cross-currents among states. Measuring the legal influence states have on each other is an intriguing but difficult task. Some scholars have approached the task by measuring the number of times a state’s supreme court decisions are cited in other states. Typically they have used these numbers to rank each state and have left it there. Little consideration has been given to regional variations in influence or changes in influence over time, or to the fact that judges rely on legal treatises as well as other courts’ decisions.

I have gone further, measuring case and treatise citations at 20-year intervals from 1800 to 1860. The book I am writing as part of the Schoone Fellowship will present these results in full. New York, as expected, was the most influential state but, surprisingly, American courts also relied heavily on English cases heavily until the 1840s. The numbers present a striking picture of America’s increasing reliance on its own law:

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Some Perspective from Five Marquette Lawyers Who Are General Counsel

You are the general counsel of a large corporation. Your company is involved in negotiations to buy a competitor and there are layers upon layers of complexity and risk. Is a lawsuit against the competitor a deal-killer or no big deal? Why is a key employee of the other company about to bolt for a third company? Business for your own company has been slipping. Do you need this deal to save your company or will the deal wreck what you do have? The questions—and the pressure—build.

Ray Manista, Cari Logemann, Paul Dacier, Julie Van Straten, and Frank Steeves in Eckstein Hall’s Appellate Room
Ray Manista, Cari Logemann, Paul Dacier, Julie Van Straten, and Frank Steeves in Eckstein Hall’s Appellate Room

Paul Dacier, L’83, outlined the scenario before a capacity audience in the Appellate Courtroom of Eckstein Hall on Feb. 20, and as he did so, he asked members of the audience how they would handle each step.

As Dacier’s story comes to a head: The CEO calls you into his office. “It’s just the two of you in the room and the CEO is sweating bullets,” Dacier says. He wants to know what you as general counsel recommend.

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