- A study of attorneys by Garth and Martin revealed that although attorneys can
be quite critical of the efficacy of some aspects of legal education, they tend to agree that
teaching this background grammar of legal reasoning is one important function that law
schools do well. Garth and Martin, “Law Schools.” - Postone, Time, Labor, and Social Domination, 159.
- Id., 144–148.
- Id., 158–159.
- Id., 160.
- Matoesian, Law and the Language of Identity, 37–68.
- Philips, Ideology, 122.
- Id., 87.
- Philips discusses this when dealing with the intertextual relationship between
written and spoken legal genres. Id., 27–47. - Id., 90–91.
- Elkins notes that lawyers “might reasonably be compared to the ‘shape-shifting’
figure of Greek mythology—Proteus,” constantly shifting between roles and perspectives.
Elkins, “The Legal Persona,” 750. See also Noonan, Persons and Masks of the Law, 19, 167,
for a warning that law in its heavy use of roles and masks risks “classifying individual human
beings so that their humanity is hidden and disavowed,” urging instead that “the commu-
nity of rational discourse is rooted in the history of human beings. Persons speak to per-
sons, heart unmasked to heart.” - See Bauman and Briggs, “Poetics and Performance”; Hirsch, Pronouncing and
Persevering. - Conley and O’Barr, Just Words, 129.
Part III
- Crenshaw, “Mapping the Margins,” 1241.
- Fineman, The Neutered Mother, 48. This conception of the construction of gendered
lives is the basis of Fineman’s conclusion that “women can and should converge to orga-
nize around overlapping experiences.” Id., 54. - Minow, Making All the Difference, 390.
Chapter 7
- Because this classroom was part of the pilot study, we do not have a semester-long
set of transcripts available for the classrooms in the full study. Thus, we cannot provide
the thorough, statistically informed picture of the overall distribution of turns that is avail-
able for the classrooms in the final study. It is important to have the fuller picture given by
a full semester’s worth of taping, we have found, because there can be considerable varia-
tion among classes in such characteristics as the length of student-professor exchanges,
even in the same classroom. - See, e.g., Shaffer and Redmount, Lawyers, Law Students, and People.
- Kerr, “Decline.”
- See, e.g., Friedland, “How We Teach,” 27–31. Friedland circulated questionnaires
to 2,000 law professors and received 574 responses; he notes that “no claims are made for
the survey’s scientific validity,” but argues that the survey nevertheless provides some in-
sight into law professors’ practices. Id., 3. (It’s unclear on what principle the professors
and schools were selected, but the process does not appear to have been strictly random.)
Notes to Pages 132–142 253