Allen Porter Mendenhall

“Fairy Tale Mail,” Poems by Margery Hauser

In Arts & Letters, Creative Writing, Humanities, Law, Law-and-Literature, Poetry, Writing on May 29, 2012 at 8:59 am
Margery Hauser is  a New york City poet whose work has appeared in Poetica Magazine, Möbius, The Jewish Women’s Literary Annual, Umbrella and other journals, both print and online.  Excerpts from ”Fairy Tale Mail” (which she published here at The Literary Lawyer) have appeared or will soon appear in Ides of March and The First Literary Review. When she is not writing poetry, she can often be found dancing, knitting,  practicing yoga or working out with her tai chi broadsword.  She is a member of the Parkside Poetry Collective, for whose encouragement and support she ever grateful.
 
 
 
Subject: Civil suit
 
We’ve read the facts pursuant to the case
regarding your late husband’s sad demise.
Regretfully, a lawsuit has no trace
of merit and therefore we do advise
that evidence a-plenty proves his fall
occurred while in commission of a crime.
No fault accrues to Pig and Pig, et al.
No damages are due you at this time.
        His huffing and his puffing further show
        a pre-existing illness and although
        this wasn’t cause of death it surely must
        support that bringing suit would be unjust. 
        Your husband died attempting a break-in
         and so this suit is one you cannot win.
 
 
 
To: NRimer@mere_l’oye.net
Subject: Pumpkineater v. Pumpkineater
 
My client in an affidavit swears
that he confined his faithless wife because
she had indulged in numerous affairs –
he didn’t think he’d broken any laws.
Her infidelities made him so sad
and left him feeling helpless, in disgrace;
in fact, you might say that she drove him mad
by throwing her amours smack in his face.
These acts diminished his capacity
        to tell right from wrong. Her audacity
        impelled him to this deed.  He does regret
        his rashness and hopes she can just forget,
        forgive and drop the charges that she brought.
        He simply was distressed and overwrought.
 
 
 
Subject: re: Pumpkineater v. Pumpkineater
From: NRimer@mere_l’oye.net
 
Mrs. Pumpkineater’s life was hell
when Peter, in a fit of jealous rage,
confined her in a fetid pumpkin shell
no better than a jail cell or a cage.
She swears that she was faithful, always true
and kept her marriage vows although her mate
treated her most harshly in our view.
He threatened violence if she came home late.
        She’s willing to drop charges and agree
        to just divorce the beast, let him go free.
        She wishes he would suffer as she did
        but asks for nothing more than to be rid
        of this abusive, cruel and jealous spouse.
        Oh, by the way, she wants the car and house.
 
 
 
Subject: State v. Farmer’s Wife
 
Regarding claims by Mouse and Mouse and Mouse:
details of their de-tailing do support
the charge against the farmer’s vicious spouse.
We demand this case be tried in court.
The victims all are visually impaired
and wandered by pure chance across her path.
Under oath they all have so declared, 
but she responded with unbridled wrath!
        It’s clear she meant to take each Mouse’s life,
        her WMD a carving knife.
        We know that rodents often are maligned.
        We know society neglects the blind. 
        The only way the Mice will be requited
        is if their assailant is indicted.
 
 
 
Subject: Name Change
 
The miller’s daughter to my great surprise
has ruined my business plan – a sort of game
that asked contestants to vie for a prize
by guessing my most strange and secret name.
How that was managed she would never tell –
it’s not as if I bandied it about.
But she’s the queen and my plan’s shot to hell.
It looks as if my luck has just run out.
        I had ideas – big ones – they’re all a bust.
        She found me out so I must now adjust.
        I’ve given it much thought and I’ve assessed
        the possibilities that won’t be guessed. 
        Please amend the records; let them show
        that my last name is Stiltskin, first name Joe.

Lack of Intellectual Preparation?

In American History, Arts & Letters, Book Reviews, Historicism, History, Humanities, Law on May 25, 2012 at 9:03 am

Allen Mendenhall

Last week I was reading several old reviews of Lawrence Friedman’s landmark work, A History of American Law.  I came across a 1974 review by David J. Rothman in Reviews in American History.  Rothman made the following point, which, despite being made 34 years ago, is bound to offend some readers of this site, especially those who are lawyers or law professors:

I have attended conferences of law professors doggedly determined to be interdisciplinary, and I have been appalled at the lack of intellectual preparation that many of them had for such work. They would talk blithely about bringing the insights of, say, game theory to the law-with only the vaguest idea of what game theory was all about. (Indeed, how could they have had more than a vague idea? After a general undergraduate training, they went to the law schools, then to the courts as clerks, then back to the law schools.) So one must, perforce, have a lurking fear that some of the new interdisciplinary efforts will be so inadequate as to prompt law professors to decide to do well what they can do, rather than to do badly what they should do. And law schools may well continue to perpetuate half-knowledge. They remain torn between serving as trade schools to the profession and graduate schools to the scholars. This compromise may turn out to be less and less tenable over the next years.
 
Does Rothman’s claim remain true when the “new interdisciplinary efforts” aren’t so new anymore?  Today many law professors hold Ph.D.s in various disciplines, and these professors use their unique, specialized training to enhance legal scholarship in their respective sub-disciplines.  But does ”extra” graduate work or a specialized degree necessarily signal a superior skill set, or is Rothman’s view elitist?   These questions will be the subject of a future post on this site, and potentially of a future article, so I would like to hear back from readers.  Please email your responses to me or, if you’d prefer, post them in the comment box below.    

Liberty and Shakespeare, Part Two

In Arts & Letters, Austrian Economics, Economics, History, Humanities, Law, Law-and-Literature, Legal Education & Pedagogy, Liberalism, Libertarianism, Literary Theory & Criticism, Literature, Shakespeare, Western Civilization on May 22, 2012 at 8:08 am

Allen Mendenhall

The following essay orginally appeared here at Mises Daily.

The Later Works (1973 to present)

It is well settled that James Boyd White’s The Legal Imagination (1973)[29] catalyzed the law-and-literature movement as we know it today. A professor in the Department of English, Department of Classics, and College of Law at the University of Michigan, White brings a unique interdisciplinary perspective to bear on this field that he more or less founded. He remains prolific even in his old age, having published a string of books on a wide variety of topics having to do with legal rhetoric and legal or literary hermeneutics. Since White’s landmark tour de force in 1973, several legal scholars have followed in his footsteps, venturing into literature (broadly defined to include novels, plays, poems, short stories, essays, and so on) to make sense of legal culture and legal texts. Some of the resulting scholarship has been quite good — some, however, more than slightly wanting.

Shortly after White’s “overture,” the work of literary PhDs like Robert Weisberg (PhD, English, 1971, Harvard University; JD, 1979, Stanford University), Richard H. Weisberg (PhD, French and comparative literature, 1970, Cornell University; JD, 1974, Columbia University), and, among others, Stanley Fish (PhD, English, 1962, Yale University) lent credibility to a field seen as dubious by law-school deans and territorial literature professors.[30] Today the movement seems to be picking up, not losing, momentum, in part due to the interdisciplinary nature of the project and in part due to the literati heavyweights who have used the movement as an opportunity to enlarge their celebrity status (to say nothing of their salaries).

The vast array of Shakespeare-focused works that flew under the banner of law and literature during the 1970s, ’80s, and ’90s actually undermined the entire field. Titles like Michael Richmond’s “Can Shakespeare Make You a Partner?” (1989)[31] signaled a practical but nonscholastic rationale for lawyers to turn to Shakespeare’s texts. Works most commonly addressed during this period include The Merchant of Venice, King Lear, Hamlet, and Measure for Measure.[32] In the rush to canonize Shakespeare in this budding genre that sought to include humanities texts in professional schools, even the conspiracy theories of a Supreme Court justice, John Paul Stevens, became authoritative readings.[33] Stevens is not the only Supreme Court justice with an opinion on the Shakespeare authorship debate, as the following chart by the Wall Street Journal[34] makes clear:

Shakespeare’s Court
The Supreme Court on the likely author of Shakespeare’s plays:
Active Justices
Roberts, Chief Justice No comment.
Stevens Oxford
Scalia Oxford
Kennedy Stratford
Souter “No idea.”
Thomas No comment.
Ginsburg “No informed views.”*
Breyer Stratford
Alito No comment.

*Justice Ginsburg suggests research into alternate candidate, Florio.

Retired Justices
O’Connor Not Stratford
Blackmun* Oxford
Brennan* Stratford

*Deceased

That Supreme Court justices have weighed in on Shakespeare’s authorship is more a study in itself and less a constructive contribution to Shakespeare scholarship. Not long after Stevens’s law-review article, at any rate, some creative attempts to render the Shakespeare as lawyer or other conspiracy theories surfaced. Law professor James Boyle, for instance, penned a novel, The Shakespeare Chronicles (2006),[35] dealing with the obsessive search for the “true” author of Shakespeare’s works. I suspect that Boyle would admit that The Shakespeare Chronicles, being fiction, does not represent scholarship, even if its production required rigorous scholarly research.

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