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Author Archive

Michael Blumenthal, Country of the Second Chance

In Arts & Letters, Law-and-Literature, Legal Education & Pedagogy on May 12, 2010 at 5:48 pm

Listen to Michael Blumenthal, novelist, poet, translator, and now law professor, as he muses about life, America, and growing older: West Virginia Public Broadcasting.

Stanley Fish Takes on David A. Strauss

In Arts & Letters, Jurisprudence, Law-and-Literature, Literary Theory & Criticism, The Supreme Court on May 11, 2010 at 10:09 am

In his weekly column for The New York Times, Stanley Fish takes to task David A. Strauss, whose method of constitutional interpretation, or explanation of constitutional interpretation, seems incoherent, pivoting on grand assumptions about the ways in which readers of a text construe the meaning(s) of that text.

A Defense of Law-and-Literature

In Arts & Letters, Jurisprudence, Law-and-Literature, Legal Education & Pedagogy, Literary Theory & Criticism on May 7, 2010 at 2:58 pm

“Why study literature in professional school?” people have asked when I said that I work in a discipline called law-and-literature. I usually reply, “For the same reason we study math from elementary school until college: to learn about ‘truth.’”

The concept of “truth” has become the subject of ridicule. The postmodern era of scholarship, with its roots in poststructuralism, deconstruction, and narratology, ushered in new conceptions of metaphysics and ontology: all texts, indeed all things emanating from texts, whether cultural norms or social values, are at variance with themselves. Nothing has essential meaning; everything is indeterminate and arbitrary. The self-evident “meaning” perceived by individuals is socially constructed, having been centered or passed down through networks of people and events. These, at any rate, are the simplistic accusations put forth by those fed up with postmodernist presuppositions.

I’m no enemy of postmodernism, but I tend to agree with French theorist Bruno Latour, who claims that we have never been modern, so we cannot have been postmodern, and besides, there is something to this concept of “truth.”  Why else would we have mathematics? Mathematics, like literature, has the capacity to bring about answers. True answers. Postmodernism has never quite debunked this truth-seeking field. Read the rest of this entry »

Innocent, by Scott Turow

In Arts & Letters, Book Reviews, Law-and-Literature on May 4, 2010 at 11:49 am

Reviews of Scott Turow’s new novel appear in The Wall Street Journal, The Seattle Times, The Chicago Tribune, and The New York Post.

Richard L. Hershatter, Attorney & Spy Novelist

In Arts & Letters, Law-and-Literature on May 4, 2010 at 11:41 am

On May 3, The Connecticut Law Tribune profiled Richard L. Hershatter, a retired, 86-year-old novelist.  The piece is available here.

Scott Turow’s new novel

In Arts & Letters, Book Reviews, Law-and-Literature on April 30, 2010 at 5:21 pm

Scott Martelle profiles Scott Turow in anticipation of Turow’s forthcoming novel, Innocent.  The article, which appeared in the L.A. Times, is available here.

Turow has penned eight works of fiction and two works of nonfiction.  He continues to practice law at Sonnenschein, Nath & Rosenthal, LLP, in Chicago.

Michael Blumenthal

In Arts & Letters, Law-and-Literature, Legal Education & Pedagogy, Michael Blumenthal on April 29, 2010 at 10:43 pm

Having held the Copenhaver Chair at West Virginia University College of Law for two semesters, Michael Blumenthal will remain in Morgantown for another academic year.  Blumenthal is a lawyer, poet, novelist, essayist, memoirist, and translator.  See my article about Blumenthal here.

Professor James R. Elkins, editor of The Legal Studies Forum, was instrumental in bringing Blumenthal from Old Dominion University, where Blumenthal held an endowed chair, to West Virgina University.

Stanley Fish

In Arts & Letters, Jurisprudence, Literary Theory & Criticism, Politics, The Supreme Court on April 29, 2010 at 7:16 pm

Stanley Fish writes about The First Amendment and Kittens.

Moundsville Penitentiary

In Jurisprudence, Libertarianism, Literary Theory & Criticism, Politics, Prison on April 29, 2010 at 6:50 pm

These articles express my frustrations about, and ambivalence toward, the tourist spectacles at Moundsville Penitentiary:

“Moundsville Penitentiary, Model and Symptom of Hyperreality,” International Journal of Baudrillard Studies, Vol. 6, No. 1 (2009).

“Moundsville Penitentiary Reconsidered: Second Thoughts on a Small Town Prison Tour,” Libertarian Papers, Vol. 2, No. 1 (2010).

Shakespeare Authorship Debate, Justice Stevens’s Retirement

In Arts & Letters, Book Reviews, Law-and-Literature, Literary Theory & Criticism, Shakespeare, The Supreme Court on April 29, 2010 at 5:44 pm

This article, or review, appeared in the Times Literary Supplement last week.  Charles Nicholl, the author, addresses the continuing Shakespeare authorship debate.  Justice Stevens, who recently announced his retirement, has rendered his own opinion on the matter.  Will Shakespeare become part of Stevens’s legacy?