Vermont Law Review
Volume 28, Number 4, 2004
reprinted by permission of the Law Review
CRUSADING HERO, DEVOTED TEACHER, AND SYMPATHETIC FAILURE: THE SELF-IMAGE
OF THE LAW PROFESSOR IN HOLLYWOOD CINEMA AND IN REAL LIFE, TOO
David Ray Papke*
The ranks and importance of law professors
are larger than the average layman might think. Distributed about the country,
we number 6710 men and women, not counting an even larger group of adjuncts
and part-timers.1 What's
more, we are the most common symbol of legal education for those who pass
through the nation's 187 accredited law schools.2
Law students not only "take" Professor X and Professor Y for their courses
but also remember and recall these law professors throughout their legal
careers. It would be a rare law school alumni gathering or bar association
meeting in which tales recounting the deeds of beloved or despised law
professors went untold. In light of all this, law professors merit scrutiny.
Law professors of course have many things
in common with members of other professions. All professionals complete
a particular training and education, master some body of systematic knowledge,
and spend their lives pursuing a demanding, special-purpose occupation.3
Professionals might be inclined to mount distinctive diplomas, awards,
licenses, and symbols of professional status on the walls of their offices
and also to display the books and tools that identify them as professionals.
They have available, for active or passive affiliation, organizations consisting
of the same professionals. They separate themselves from and assert authority
over laymen and other types of professionals through jargon, rituals, and
assorted profession-specific practices. Last, but certainly not least,
they develop sets of self-images that lend coherence and energy to their
pursuits.4
[957]
In trying to understand law professors, one
might find it particularly difficult to articulate the range and thrust
of the group's self-images. Self-images, after all, dwell primarily within
the self. While they may be projected and can be shared, they are predominantly
private and, in some cases, even secret. What are the self- images of the
contemporary law professor? What impact do these self-images have on legal
education? What role do self-images in general play in the lives of professionals?
I propose to address these questions with
reference to the portrayal of law professors in Hollywood films. My argument
is not that these films inspire law professors to be what they are or that
the films are powerful enough to have created general expectations of what
the law professors might be like. My hope, instead, is that a contemplation
of the ways Hollywood has presented law professors will underscore the
ways in which real-life law professors understand themselves. To a surprising
extent, it seems to me, we engage in humbler varieties of self-casting
that are comparable to Hollywood's grander portrayals.
I.CHARACTER IN THE HOLLYWOOD
CINEMA
Film critics and scholars speak of the "classic"
or "classical" Hollywood cinema.5 This
type of cinema became dominant between 1930 and 1945,6
when over eighty percent of every American dollar spent on entertainment
went to film.7 Those inclined
to think the marketplace rewards the best artistic accomplishments would
be befuddled by the immense appeal of films of this era.
Ironically, the winsome
productions of Hollywood's classical age emerged each week not from ateliers
but as though from a bread factory: artfully made, similar enough to last
week's batch to entice the regulars, varied enough to seem new and fresh,
seemingly unique but made from an oft-used recipe, sold off on the cheap
like day-old bread, and as regulated by codes as
[958]
those loaves sitting in wrappers waiting for
the delivery trucks surely were.8
In later years, other types of films would have
more artistic merit and pretensions, but "Hollywood's Classic Period films
would establish the definition of the medium itself.”9
Well
after World War II, and even into the twenty- first century, versions of
the classical-period cinema reigned at the box office.10
"We should realize, therefore, that in examining the movies of Hollywood's
Classic Period, we are studying the single most important body of films
in the history of cinema, the one that set the terms by which all movies,
made before or after, would be seen.”11
What distinguishes this type of cinema? In
the simplest terms, the films are character-driven narratives, which neatly
answer the questions the narratives themselves pose at the outset. To quote
David Bordwell:
The classical Hollywood film presents psychologically
defined individuals who struggle to solve a clear-cut problem or to attain
specific goals. In the course of this struggle, the characters enter into
conflict with others or with external circumstances. The story ends with
a decisive victory or defeat, a resolution of the problem and a clear achievement
or non-achievement of the goals.12
One treat that awaits the fan of this kind of
film is the closure that comes at the end. Even if the screen does not
show the words "The End," films in the traditional Hollywood mode do truly
wrap themselves up and leave little question of what comes next.
The importance of characters in Hollywood
films cannot be underestimated. These characters are not necessarily deep
or complex. Even the most three-dimensional among them approach flatness.
In the words of film theorist Siegfried Kracauer, the film actor is often
an "[o]bject among objects.”13
Indeed, film characters are often stock characters that we recognize, either
consciously or subconsciously, as types. Excellence in the writing or acting
of these characters is often accomplished
[959]
through a mastery of the type and through an ability to command the
type's standard features.14
Most importantly, film characters cause things
to happen or prevent things from happening. "It is always a character who
takes steps, a character who makes choices, a character's responses that
drive the story forward or spin it around in new directions. It is a character
who overcomes, a character who changes or learns.”15
Indeed, the film industry seems to realize how character-driven the standard
film is. Advertising routinely emphasizes the characters rather than the
settings or plots. At the annual Academy Award ceremonies, Oscars go to
the actors who most effectively portray the best male and female characters
in both lead and supporting roles.
Admittedly, the law professor does not appear
frequently enough in Hollywood films to be a familiar character. But other
more generally defined stock characters exist that could and occasionally
have accommodated the law professor. It is this accommodation, this employing
of the law professor within certain available types that can illuminate
at least some of the self-images dearest to the hearts of law professors.
II. CRUSADING HERO
The most familiar stock character whose mantel
the law professor might don is the hero. Varieties of heroic characterization
can be found in ancient myths and epics, but a more modern inspiration
for the Hollywood hero might be found in the chivalric romances that developed
in twelfth-century France and then spread to the literatures of other European
countries.16 Unlike the
myth or epic, which often portrays heroism against the backdrop of tribal
and ethnic warfare, the chivalric romance finds the hero at court. In the
conventional plot, a heroic knight sets out on a moral mission, battles
other knights and even dragons, and through it all displays honesty, loyalty,
resourcefulness, and courage, often winning a lady's favor in the process.
Adventure tales involving literal knights
had little appeal for American readers, but a more-modern sort of romance
became the leading genre in
[960]
nineteenth-century American popular narrative.17
This had ramifications when American filmmaking emerged and expanded in
the twentieth century. While the early silent films relied heavily on Victorian
melodrama, "the talkies clearly derived from an alternate mode, the romance
form that Richard Chase has shown to be the basis of nineteenth-century
American fiction.”18
If a film was a romance, it was highly likely to have a hero.
The individual hero of course varies from
film to film.
While the specific characterization of the hero
depends on the cultural motifs and themes that are embodied in any specific
adventure formula, there are in general two primary ways in which the hero
can be characterized: as a superhero with exceptional strength or ability
or as "one of us," a figure marked, at least at the beginning of the story,
by flawed abilities and attitudes presumably shared by the audience.19
The movie industry has produced its fair share
of superheroes, but there are even larger numbers of regular individuals
turned heroes in the guise of cowboys, military officers, law enforcement
officials, and sports figures, to name only the most common culture-specific
varieties.
An early example of a film featuring the law
professor as hero is I Am the Law, starring Edward G. Robinson.20
The film fits within and comes toward the end of the fascinating cycle
of American criminal justice films from the 1930s, and Robinson's own credits
during that decade nicely represent the cycle. His Little Caesar
was one of the most successful gangster films from early in that decade,
films in which the gangsters are actually heroes.21
In Little Caesar, Robinson's Rico Bandello rises from rags to riches
as a gangster. Viewers related positively to his success, and while exiting
the theater, they largely disregarded the obligatory atonement for wrongdoing
late in the film.22 At
the very end, when Rico is gunned
[961]
down while hiding behind a billboard for ballroom dancing, his demise
seems almost tragic. In the late 1930s, meanwhile, G-Men and FBI agents
supplanted gangsters as the heroes, and Robinson's Bullets or Ballots
reflects the change.23
Robinson plays plainclothesman Johnny Blake, who infiltrates and brings
down themob. Time said: "What makes it a good picture, despite its
solemn interest in the obvious, is that it brings Edward G. Robinson (Little
Caesar) back into the crime fold, this time on the side of the Law.”24
In I Am the Law, Robinson is also on
the side of the law.25
The film stars Robinson as law professor John Lindsay. The character's
identity as a legal academic is underscored in the lengthy initial scene
of the film. The natty Lindsay stands on the podium in a large wood-paneled
classroom at the "College of Law" addressing a packed room of current and
former students - all white men in suits - before going on sabbatical.
He tells the assembled how much they mean to him and how he dreads going
on sabbatical. They, in turn, grow teary-eyed at the thought of their beloved
professor's impending absence. At the end of the scene, the students and
former students rise and honor Professor Lindsay with a hearty university
song.
No doubt realizing that a film about a law
professor's sabbatical research project would be unlikely to capture an
audience, the filmmakers go on to portray Lindsay as an amateur but ultimately
effective crime-buster. Civic leaders draft him to bring down the local
rackets, and he becomes a type of special district attorney. The latter
was a type of hero with great pop cultural resonance in the 1930s, in part
because of the recognition of and respect for New York's Thomas E. Dewey.
He had been appointed special prosecutor in New York City by Governor Herbert
Lehman in 1935, and after Dewey successfully prosecuted Lucky Luciano and
other mobsters, Dewey himself was elected Governor.26
Popular magazines lionized Dewey,27
and the culture industry produced a range of
[962]
products with fictionalized special prosecutors. Mr. District Attorney,
for example, was an immensely popular radio serial of the era,28
and reviewers of I Am the Law were inclined to see Professor Lindsay
less as an academic than as another special prosecutor. One said, "Edward
G. Robinson looks less like New York's District Attorney Thomas E. Dewey
than Chester Morris did (Smashing the Rackets)29
or Walter Abel (Racket Busters).”30
Another reviewer thought, '"I Am the Law' comes a little late in the film
cycle inspired by the racket-busting activities of New York's District
Attorney Thomas E. Dewey.”31
In the film itself, the professor-turned-special-prosecutor
is unsuccessful at first. Witnesses are hesitant to come forward, and when
one finally musters the courage to do so, the racket bosses kill him. Informers
and "stool pigeons" have positions on Lindsay's staff and undermine his
investigations. Some of the civic leaders who drafted Lindsay in the first
place have ties to the rackets and, indeed, selected Lindsay because they
assumed an academic would be ineffective as a crime-buster. At one point
the local government even terminates Lindsay's appointment.
But heroes do not give up. Lindsay enlists
his former students as his assistants, conducts undercover operations,
and secretly films the meetings of racket bosses. At one point, Lindsay
even demonstrates that the law professor as hero can be physically intimidating.
He lures three "hoodlums" into a fist-fight, and, with assorted newspaper
reporters and photographers conveniently on hand, he administers an old-fashioned,
bare-knuckled beating that would make any action hero proud.
Lest one dismiss this as quaint 1930s cinema,
modern films in which the law professor becomes the hero should be noted.
In Just Cause, for example, Sean Connery plays law professor Paul
Armstrong.32 His antagonist
is not the rackets but rather, it seems at first, a violent, almost fascistic
criminal justice system personified by Lawrence Fishburne's Sheriff Tanny
Brown. The latter arrested a man for murder and used torture to extract
a confession from him. The man now resides on death row in Florida, and
his mother pleads with Armstrong for help. In the classic stance of the
reluctant hero, Armstrong at first declines.33
However,
[963]
Armstrong's wife reminds him, "Every now and then, you have to get a
little bloody.”34
Armstrong leaves his teaching responsibilities
and research behind, heads off to Florida, and conducts an investigation.
With more than a trace of perceptiveness, a woman whom Armstrong encounters
at a cocktail party tells him, "You missed your true calling. You should
have been a detective.”35
Armstrong's work frees the man on death row, but unfortunately he turns
out to be the murderer. Furthermore, he kidnaps Armstrong's wife and daughter.
A dramatic car chase follows, as does a fight to the death in a swamp.
In the end, the law professor heroically prevails, and the gators feast
on the felon's foul flesh.
A subtler modern tale of the law professor
as heroic righter of wrongs is Reversal of Fortune.36
On some level, the film is not fiction. It derives from law Professor Alan
Dershowitz's book of the same title,37
in which Dershowitz recounts his appellate work on behalf of Claus von
Bulow, who had been convicted at trial of attempting to murder his millionaire
wife, Sunny. Writer Nicholas Kagan and director Barbet Schroeder converted
Dershowitz's sometimes whiny account into a classic Hollywood film that
Suzanne Shale calls "a tale of heroic odyssey.”38
Veteran actor Ron Silver played the law professor as hero and did so with
the ideal combination of arrogance and aplomb.
The Dershowitz character's righteousness does
not derive from his representation of Claus von Bulow in and of itself.
In the film and, apparently, in real life as well, von Bulow is a rather
slippery fellow. We are never certain whether he did in fact try to kill
his wealthy wife with injections of insulin. Dershowitz finds his true
cause in a more abstracted protection of the right to counsel for criminal
defendants. His nobility derives from a commitment to criminal defense
work, and this cause, at least according to the filmmakers, does not depend
on financial reimbursement. Early in the film, Dershowitz and von Bulow
meet in a restaurant to discuss the case, and the latter proposes a retainer.
"Not so
[964]
fast," Dershowitz says.39
"I'm not a hired gun. I've got to feel there's some moral or constitutional
issue at stake.”40
When Dershowitz does indeed take the case,
we can assume that issue has been located. As did Professor Lindsay in
I Am the Law, Dershowitz recruits a staff of current and former
law students. What eager beavers they seem, digging up evidence, researching
the case law, doing profiles of Rhode Island appellate judges, and even
popping over to shoot baskets at their professor's house.
In one lengthy scene, Dershowitz's student
helpers have assembled in his faculty office. A beautiful, imaginary version
of the Harvard campus is on display outside the windows, and the office
itself is larger than most actual law school seminar rooms. A student in
a torn blue-jean jacket named Minnie challenges Dershowitz's representation
of someone as obviously guilty as von Bulow. But, before she can steam
out of his office, Dershowitz passionately discusses why everyone deserves
a lawyer and outlines how the lawyer can be the isolated outcast's only
true friend. He also explains the manner in which he approaches his work:
"The reason I take cases - and here I'm unlike most other lawyers, who
are not professors and therefore have to make a living - I take cases because
I get pissed off.”41
In the end Dershowitz, of course, prevails.
He has just dismissed a law school class and is still in the classroom
when his student helpers run in to announce that the Rhode Island Supreme
Court has unanimously reversed the von Bulow conviction. As did Professor
Lindsay and Professor Armstrong, Professor Dershowitz has performed in
a heroic fashion. He has fought for a noble cause and won. Presumably this
heroic trio of law professors derives inner satisfaction from their accomplishments.
Their self-images as heroes, one hopes, will lead them in the future to
once again fight hoodlums, "get bloody," and rise up when moral and constitutional
issues present themselves.
III. DEVOTED TEACHER
The movie industry might also cast the law
professor as a teacher, another stock character in the Hollywood stable.
Law professors are of course teachers, but that does not necessarily mean
they will be wedged into cinematic characters that are primarily defined
as teachers. A large number of films have teacher characters at the center
of them. Perhaps most of
[965]
those teachers work in Hollywood high schools and prep schools, but
professors might also be cast as teachers. The most recent film to do so
is Mona Lisa Smile, with Julia Roberts in the role of an art history
professor, trying nobly to teach Wellesley College students of the 1950s
about not only art but also women's liberation.42
Law professors are also eligible for characterization as teachers.
The most enduring example of a Hollywood film
with a law professor as teacher is The Paper Chase, featuring the
one and only Professor Charles W. Kingsfield, Jr., Professor of Law.43
The film is derived from a novel regarding life at the Harvard Law School
by John Jay Osborn, Jr.44
Now a professor himself at the University of San Francisco Law School,
Osborn in his days as a novelist seemed a critic of legal education. One
reviewer lumped Osborn with Katherine Roome and Michael Levin - two other
novelists of law school affairs - as "products of this 'fun' generation.”45
They all, the reviewer continued, "reflect sympathy with the Leary-Reich
'Consciousness III' creed of the 1960s.”46
More generally, reviewers were lukewarm about the novel. One review praised
Osborn for "a fine, lean style" but said of the novel, "there just isn't
enough intramural conflict to attract the innocent bystander.”47
Twentieth Century Fox, meanwhile, saw potential
in the novel for film purposes. The filmmakers may have seen the film as
a vehicle for promising young actors Timothy Bottoms and Lindsay Wagner,
casting
the former as a law student from Minnesota and the latter as his on-again,
off-again lover. The filmmakers could also have envisioned a "becoming-an-adult"
tale. However, scenes with Professor Kingsfield teaching Contracts were
numerous and served almost as a pacing motif in the film, and John Houseman
in the role of Professor Kingsfield either intentionally or unintentionally
"stole" the film. Bottoms and Wagner were ignored when it came time for
Academy Awards, but Houseman received the Oscar for Best Supporting Actor.
Houseman's powerfully engaging performance
even led to a television series derived from the film. Although the series
was broadcast on CBS for only one season, the Showtime cable channel continued
to produce episodes for three subsequent years.48
Few of the actors in the film appeared in the
[966]
television series, but Houseman continued to portray Charles W. Kingsfield,
Jr., of the Harvard Law School faculty. Crusty, seemingly unyielding, and
devoted to his students in his own distant way, "Kingsfield personifies
the school and its systems.”49
Well after the television series ended, Houseman in a sense continued to
portray Kingsfield in the widely broadcast Smith Barney advertisements.
The company, presumably like the law students who grasped Kingsfield's
message, made its money the old-fashioned way. It earned it.
In both the television series and the original
film, we learn very little about Kingsfield as a person, but we have ample
opportunity to observe him as a teacher. And what a teacher he is. Kingsfield
personifies the traditions and culture of the law. He is knowledgeable
about issues, concepts, and rules. He is a strict disciplinarian, who expects
his studentsto be prompt, prepared, and able to expound. In the film's
most remembered classroom scene, James T. Hart, the law student played
by Timothy Bottoms, declines to answer when called on and says he will
raise his hand when he wishes to speak. Professor Kingsfield is astounded
by the brazen lack of cooperation and asks Hart to come forward to the
lectern. Hart complies, and Kingsfield gives him a dime. "Call your mother,"
Kingsfield says. "Tell her there is serious doubt about your becoming a
lawyer.”50
As the comedy Legally Blonde suggests,
Hollywood continues to play off the Kingsfieldian version of the law teacher.51
The film concerns Elle Woods, a California sorority girl, played by Reese
Witherspoon, who decides to go to Harvard Law School to prove a point to
her ex-boyfriend. He not only attends Harvard himself but also dropped
Woods because she was not the right kind of woman for a man with Harvard-sized
ambitions. Woods' father thinks little of her law school plans, announcing,
"Law school's for people who are boring and ugly and serious.”52
Woods goes anyway, overcomes early difficulties, and becomes a research
assistant for one of her professors, a man who seems also to have a rather
sizable law firm in Boston. He has sexual designs on Woods, but she eludes
his advances. In the final third of the film she takes over a murder case
from him and wins an acquittal because she knows one would never wet her
hair shortly after getting a perm.
The Kingsfieldian law professor in the film
is not Woods' boss but Professor Stromwell, played with appealing verve
by Holland Taylor. Professor Stromwell excoriates Woods for not doing the
reading for the first
[967]
class, much as Kingsfield excoriated Hart for the same offense in The
Paper Chase. Stromwell is a stern, dignified, and learned law teacher,
who demands commitment and excellence from her students. She asks one if
he would stake his life on his answer, and she smacks another one on top
of his head with her pencil. "Be careful of old Stromwell," one can almost
hear the student body saying behind her back.
But Stromwell, like Kingsfield, is more than
tough and unyielding. She also has what all positively portrayed Hollywood
teachers have, namely, a commitment to the interests and future of their
students. In one scene, Woods goes to her favorite manicurist. Woods has
been devastated by her boss's sexual advances and by how others have misinterpreted
her response to those advances. She is about to give up on law school,
pick up her Chihuahua, Bruiser, and return to the vapid poolside environment
from which she came. Fortunately, Professor Stromwell is also at the manicurist,
and she is prepared to teach Woods some of life's fundamental lessons.
"If you're going to let one stupid prick ruin your life," Stromwell tells
Woods, "you're not the girl I thought you were.”53
Woods snaps back to her senses and renews her resolve as a law student
and future lawyer. An able learner, she in the end is the student speaker
at the law school graduation ceremony.
We learn less about the personal make-ups
of Professors Kingsfield and Stromwell in The Paper Chase and Legally
Blonde than we do about the personal make-ups of the heroic Professors
Lindsay, Armstrong, and Dershowitz in I Am the Law, Just Cause,
and Reversal of Fortune. But we do appreciate Kingsfield and Stromwell
as stock Hollywood teachers. They are devoted to their students and teach
them both the law and how to live in our society. One hopes Kingsfield
and Stromwell delight in their self-images as teachers and continue to
rely on those self-images in their future work. Clearly, they know who
they are, and this contributes to their success.
IV. SYMPATHETIC FAILURE
A third and final Hollywood stock character
that has proven capable of accommodating the law professor is the personally
and morally flawed individual who is sympathetic, bordering on pathetic.
He or she neither restores law and order, as does Edward G. Robinson's
Professor Lindsay, nor demands rigorous thinking from his students, as
does John Houseman's Professor Kingsfield. Instead, the character stumbles
through life prompting compassion and pity. Assuming, as is the case, that
Hollywood
[968]
fashions characters who might speak powerfully to potential viewers
and in some way or another entice them to spend their dollars, sympathetic
failures are viable possibilities. Many of us, after all, recognize ourselves
to be flawed and bear the weight of assorted contradictions on our shoulders.
We can relate to sympathetic failures. In the present, the sympathetic
failure might be a more common character than either the crusading hero
or the devoted teacher.
Characters of this sort need not have any
particular occupation, although professionals are prime candidates because
of their educations, verbal skills, and complicated work tasks. In contemporary
prime-time television dramas, these characters commonly work as doctors,
lawyers, detectives, and crime scene investigators, but on the small and
large screens the occupational range is virtually unlimited. As the film
One True Thing suggests, professors might be wedged into this character
type.54 In this film,
William Hurt plays English professor George Gulden. The character seems
at first egocentric and self-impressed. He appears to exploit his loving
and self-sacrificing wife and also his daughter, who greatly admires him
and longs for his approval. However, we also learn in the course of the
film of Gulden's insecurities and career disappointment. He cannot seem
to finish the novel on which he has worked for years, and valued critics
have actually forgotten his earlier work. He cheats on his wife and buries
his sorrow in alcohol, acts for which we cannot quite muster forgiveness.
Yet we still respond sympathetically. Gulden is a flawed everyman.
A law professor who might strike us as a sympathetic
failure is Professor Thomas Callahan, who is portrayed by actor Sam Shepard
in The Pelican Brief.55
The film is derived from John Grisham's third novel,56
it reached number one on the New York Times' bestseller list, and film
rights were quickly auctioned off in Hollywood.57
The film's hero is Darby Shaw, a brilliant Tulane University School of
Law student, who is played by Julia Roberts. In an early scene in Professor
Callahan's class in Constitutional Law, Shaw shows both her intelligence
and feistiness in a discussion of Bowers v. Hardwick.58
She nicely conceptualizes the right of privacy and explains how it might
apply to the facts of the case. When Callahan asks her why the Justices
did not agree with her interpretation, she answers,
[969]
"Because they were wrong.”59
Later in the film Shaw figures out why somebody might have wanted to assassinate
two very different Justices, one an arch conservative and the other a wooly
liberal. She also finds the proof to back up her discovery, enlists a prominent
Washington reporter to help her, and dramatically eludes the villains who
try to assassinate her. With ample justification, one scholar has described
Shaw as a modern-day superhero.60
Professor Callahan, meanwhile, assumes a more
pedestrian form. Immediately after the class on Bowers v. Hardwick,
we find him leading Shaw not through a discussion of constitutional doctrine
but rather into his bedroom. Callahan and Shaw - law professor and law
student - are lovers. We learn later from Callahan's old law school friend
who works in Washington, D.C. that Shaw is only the most recent of Callahan's
student conquests - although this time he seems truly smitten. Unfortunately,
Callahan is stalled in his scholarly work and staring down the tunnel of
an unsatisfying career. Like English professor George Gulden in One
True Thing, law professor Thomas Callahan also has a drinking problem.
The filmmakers do not invite us to lionize Callahan - he is not a hero
- and we have good reason to wonder about his motives and commitments as
a teacher. At the same time we are not encouraged to dislike or reject
him. Callahan, the law professor, is a sympathetic failure.
Callahan meets his maker less than one-half
of the way through the film. He and Shaw are out to dinner in New Orleans,
and although the restaurant is elegant and appealing, their evening goes
badly. Callahan is self-pitying and obnoxious, telling Shaw that he just
wants to stay in bed, drink, and have sex. She reminds him of his book
project, but he laughs off the idea, mockingly saying she should write
the book instead of him. When Callahan becomes inebriated, she asks him
to give her the car keys so that she can drive home, but he refuses to
give them to her. She then begins to walk home, while Callahan climbs into
the car, rolls down the window, and announces for all the world to hear,
"Ms. Shaw, you take my breath away.”61
He then starts the car, which explodes, killing him on the spot. Assassins
had hoped to kill Shaw, who had figured out the reason behind the killing
of the Supreme Court Justices, but their bomb killed Callahan.
With the body blown to bits, Callahan's funeral
was presumably a closed-coffin affair. Those who came to pay their respects
no doubt reflected on the tragic end of a morally and personally flawed
individual.
[970]
But couldn't we find flaws in almost
all of us? At least Callahan knew his failings and weaknesses. He might
even have drawn some energy from this knowledge. A law professor might
use one's self-image as a sympathetic failure to at least carry on.
CONCLUSION
One could speculate that real-life law professors
derive their self-images in large part from Hollywood film and other varieties
of pop culture. Milner Ball has made a comparable argument in his consideration
of admirable modern practitioners. To a surprising extent, these lawyers,
according to Ball, became lawyers because they saw films such as Inherit
the Wind62 and To
Kill a Mockingbird63
during formative stages of their lives.64
However, as noted earlier in this article, the number of Hollywood films
featuring law professors is small, and their impact is also limited. It
is unlikely that these films played much of a role in the formation of
law professors' self-images.
That having been said, it is intriguing that
many law professors nevertheless have self-images that parallel those of
Hollywood law professors. To be sure, these real-life self-images lack
the dramatic overtones and grandeur of the Hollywood self- images. Real
life, in general, is drabber and quieter than life ina Hollywood film.
Still, lots of law professors approach their work with the aspirations
of a hero, the determination of a teacher, and the melancholy awareness
of a failure.
With regard to heroism, few of us can clean
up the rackets like Professor Lindsay in I Am the Law or successfully
win self-righteous criminal appeals like Professor Dershowitz in Reversal
of Fortune. Yet many of us consider our law reform, community service,
and aligned scholarly writing to have moral and political dimensions. Formal
recognition of our quiet heroism is difficult to come by, but the sense
of being heroic, of doing good things for good purposes, contributes to
our work. It distinguishes us from other varieties of academics whose work
we often take to be rarified and also from lawyers who are sometimes seen
as merely chasing a buck.65
Woe to the law school faculty candidate who
[971]
makes light during his or her interview of law professors committed
to building a better world.
Most law professors are also extremely aware,
bordering on self-conscious, of our identities as teachers. We may not
style ourselves as august, WASP gate-keepers for the legal profession as
Professor Kingsfield and Professor Stromwell apparently do. In fact, many
of us might not actually be great teachers. Law professors in this regard
are especially prone to what educational theorist Paulo Freire calls the
"banking model" of education, in which teachers merely deposit in students
what they know rather than dialogically developing the students' own critical
consciousness.66 Yet
the self-image of the teacher not only conveys law professors to and from
class but also shapes and directs us during committee meetings, in our
writings, and even - perhaps to a fault - at the dinner table. We are teachers
who nobly get others from one level of knowledge to a higher one.
And yes, many law professors have the self-image
of the sympathetic failure. Abusing alcohol and lusting after students
are not sturdy bases for this self-image, but other more benign failures
and disappointments are. Scholarly projects sometimes flounder. Collegial
relationships come and go. Careers stall. Genuine regret about these matters
can in its own way be uplifting. Having the self-image of a sympathetic
failure is one way to remember one's humanity, and being aware of one's
humanity is a prerequisite for being a humane professional. Or so we persuade
ourselves.
Legal education as a whole would be altered
significantly if law professors had different self-images. If, for example,
we understood ourselves chiefly as law-dispensing experts or as senior
lawyers sharing our knowledge with younger lawyers, legal education would
take on different tones and aspire to different goals. This was in fact
the case in earlier periods of American history, during which legal education
was primarily a matter of training as opposed to educating.67
But beginning in the late-nineteenth century, law professors did emerge
as a distinctive professional group.68
Their
work in the academy became full-time, and professional
[972]
self-recognition became more confident. One key to legal education as
we know it is the self-images law professors started to bring to their
work in legal education. The reformist flavor of legal education, the intensity
of the law-school learning experience, and the interpersonal complexity
of law schools all derive in part from the dominant self-images of law
professors.
In the professions in general, self-image
should not be discounted as a defining, shaping, directing force. Different
self-images reign in different professions. Military officers and law enforcement
personnel, for example, are likely to have truly combative, aggressive
self-images. Most nurses, doctors, and ministers, on some level, perceive
themselves as care-givers. Accountants, appraisers, and statisticians might
take themselves to be scientists. Professionals face social and economic
restraints, to be sure, but they also rely on self-images to picture themselves,
guide their work, and preserve their status. Certain self-images are dominant
in certain professions, and, indeed, without those dominant self-images
a given profession would struggle to maintain its coherence.
None of this is to invite a false consciousness
regarding professionals and their work. Viewed from a critical perspective,
"professionalism functions as a means for controlling large sectors of
educated labor and for co-opting its elites.”69
But at the same time, appropriate self-imagery helps professions to be
more than economic self-interest groups. "They seem to offer an escape
from vexing supervision as well as from some of the depersonalization and
uncertainty of markets and bureaucracies.”70
Professions could not provide that escape and concomitant empowerment without
professionals having shaped self- images. Critically contemplating the
self-images of law professors in the Hollywood cinema can assist law professors,
lawyers, and members of other professions as well in consciously tending
to their professional self-imagery.
[973]
ENDNOTES
* Professor of Law, Marquette University Law School.
The author thanks Marlyn Robinson, University of Texas School of Law, for
archival assistance regarding films featuring law professors and Lori Oswald,
Marquette University Law School 2004, and Angelina Joseph, Catalogue Librarian
at the Marquette University Law School for valuable research assistance.
1 The same schools also have 6613 part-time faculty.
AM. BAR ASSOC.
& LAW SCHOOL ADMISSIONS
COUNCIL, ABA-LSAC OFFICIAL GUIDE
TO ABA-APPROVED LAW SCHOOLS
(2005), available at http://officialguide.lsac.org/search/cgi- bin/results.asp?PageNo=3.
2 Id.
3 For treatments of the defining characteristics of
professionals, see generally PHILIP ELLIOTT,
THE SOCIOLOGY OF THE PROFESSIONS
(1972) and WILBERT E. MOORE &
GERALD W. ROSENBLUM, THE
PROFESSIONS: ROLES AND RULES
(1970).
4 The historian Burton J. Bledstein suggests that "character"
played a comparable role for Victorian professionals. "It made possible
the self-reliant intellect that could both think irrespective of public
approval and exert a supreme effort of human attention to overcome any
personal obstacle." BURTON J. BLEDSTEIN,
THE CULTURE OF PROFESSIONALISM:
THE MIDDLE CLASS
AND THE DEVELOPMENT OF HIGHER
EDUCATION IN AMERICA 157-58 (1978).
5 See generally DAVID BORDWELL
ET AL., THE CLASSICAL
HOLLYWOOD CINEMA: FILM
STYLE & MODE OF PRODUCTION
TO 1960, at 3-4 (1985) (illustrating the development of Hollywood
style, production, and technology from 1900 to 1960); CLASSICAL
HOLLYWOOD NARRATIVE: THE
PARADIGM WARS (Jane Gaines ed.,
1992).
6 ROBERT B. RAY,
A CERTAIN TENDENCY OF THE HOLLYWOOD
CINEMA, 1930-1980, at 25 (1985).
7 See COBBETT STEINBERG,
REEL FACTS: THE
MOVIE BOOK OF RECORDS
47-49 (1982).
8 THOMAS CRIPPS,
HOLLYWOOD'S HIGH NOON:
MOVIEMAKING & SOCIETY BEFORE
TELEVISION
3 (1997).
9 RAY, supra note 6, at
26.
10 Among the films nominated for the Oscar for Best
Picture in 2004, only Lost in Translation would not fit the mold
of the classical Hollywood film. LOST IN TRANSLATION
(Focus Features 2003).
11 RAY, supra note 6, at
26.
12 DAVID BORDWELL,
NARRATION IN THE FICTION FILM
157 (1985).
13 SIEGFRIED KRACAUER,
THEORY OF FILM: THE
REDEMPTION OF PHYSICAL REALITY
97 (1960).
14 Speaking more of literature than film, the scholar
M.H. Abrams says, "But even in realistic literary forms, the artistic success
of a protagonist does not depend on whether or not an author incorporates
an established type, but on how well the type is recreated as a convincing
individual who fulfills his or her function in the overall plot." M.H.
ABRAMS, A GLOSSARY OF LITERARY
TERMS 298 (7th ed. 1999).
15 Suzanne Shale, The Conflicts of Law and the Character
of Men: Writing Reversal of Fortune and Judgment at Nuremberg,
30 U.S.F. L. REV. 991, 999 (1996).
16 ABRAMS, supra note 14,
at 35.
17 See RICHARD CHASE,
THE AMERICAN NOVEL
AND ITS TRADITION, at
viii (1957) ("[S]ince the earliest days the American novel . . . has worked
out its destiny and defined itself by incorporating an element of romance.").
18 Ray, supra note 6, at 56.
19 JOHN G. CAWELTI,
ADVENTURE, MYSTERY, AND ROMANCE:
FORMULA STORIES AS ART
AND POPULAR CULTURE 40
(1976).
20 I AM THE LAW
(Columbia 1938).
21 LITTLE CAESAR
(Warner Bros. 1930). "After the great box office success of Little Caesar,
some fifty gang films came to the screen in 1931 . . . ." ANDREW
BERGMAN, WE'RE IN THE MONEY:
DEPRESSION AMERICA AND ITS
FILMS 3 (1971).
22 According to Thomas Cripps, the gangster films of
the early 1930s "played Cecil B. DeMille's old game of wallowing in violence
and crime and then piously atoning for it in the last reel." CRIPPS,
supra
note 8, at 82.
23 BULLETS OR BALLOTS
(Warner Bros. 1936).
24 Bullets or Ballots, TIME,
June 1, 1936, at 26.
25 I AM THE LAW,
supra
note 20.
26 See generally MARY M. STOLBERG,
FIGHTING ORGANIZED CRIME:
POLITICS, JUSTICE, AND THE LEGACY
OF THOMAS E. DEWEY (1995)
(chronicling Dewey's rise from relative obscurity to political prominence).
27 The Saturday Evening Post, for example, ran
a lengthy, illustrated, five-part series on Dewey between October 16, 1937
and January 15, 1938. Forrest Davis, The $ 20,000,000 Chicken Stealers,
SAT. EVE. POST,
Dec. 18, 1937, at 23; Forrest Davis, The Biggest Racketeer Falls,
SAT. EVE. POST,
Oct. 30, 1937, at 12; Forrest Davis, Mouthpiece, SAT.
EVE. POST, Jan. 15, 1938, at
26; Forrest Davis, Smashing the Rackets, SAT.
EVE. POST, Oct. 16, 1937, at
5; Forrest Davis, The Toughest Underworld Trust, SAT.
EVE. POST, Dec. 4, 1937, at 14.
28 See David Ray Papke, Mr. District Attorney: The
Prosecutor During the Golden Age of Radio, 34 U. TOL.
L. REV. 781 (2003) (discussing the radio show Mr.
District Attorney, and the show's form, audio techniques, and characterization);
Mr.
District Attorney (NBC radio serial 1939-1952).
29 SMASHING THE RACKETS
(RKO 1938).
30 I Am the Law, Time, Sept. 5, 1938, at 33;
RACKET BUSTERS (Warner Bros.
1938).
31 Public Hero No.1, NEWSWEEK,
Sept. 5, 1938, at 23.
32 JUST CAUSE
(Warner Studios 1995).
33 The most compelling invitation to identify oneself
with the screen character is offered when the protagonist is forced by
the narrative to make hard choices and difficult decisions. This is the
moment when the audience recalls the agony of minds we would rather not
make up, and are generous with our sympathy for characters who cannot avoid
doing so. Shale, supra note 15, at 1001.
34 JUST CAUSE,
supra
note 32.
35 Id.
36 REVERSAL OF FORTUNE
(Warner Bros. 1990).
37 ALAN M. DERSHOWITZ,
REVERSAL OF FORTUNE - INSIDE
THE VON BULOW CASE (1986).
For a comment on the book and actual case, see Robert F. Williams, The
Claus von Bulow Case: Chutzpah and State Constitutional Law?, 26 CONN.
L. REV. 711 (1994).
38 Shale, supra note 15, at 997.
39 REVERSAL OF FORTUNE,
supra
note 36.
40 Id.
41 Id.
42 MONA LISA
SMILE (Columbia 2003).
43 THE PAPER
CHASE (Twentieth Century Fox 1973).
44 JOHN JAY
OSBORN, JR., THE
PAPER CHASE (1971).
45 Arthur D. Austin, The Waste Land of Law School Fiction,
1989 DUKE L.J. 495, 506.
46 Id.
47 The Paper Chase, N.Y. Times, Sept. 12, 1971, at
BR50.
48 Walter A. Effross, Paper Chase, in PRIME
TIME LAW: FICTIONAL
TELEVISION AS LEGAL NARRATIVE
105, 105 (Robert M. Jarvis & Paul R. Joseph eds., 1998).
49 Id. at 112.
50 THE PAPER
CHASE, supra note 43.
51 LEGALLY BLONDE
(Metro-Goldwyn Mayer 2001).
52 Id.
53 Id.
54 ONE TRUE
THING(Universal Pictures 1998).
55 THE PELICAN
BRIEF (Warner Bros. 1993).
56 JOHN GRISHAM,
THE PELICAN BRIEF(1992).
57 See John Grisham: The Official Web Site, at http://www.randomhouse.com/features/
grisham/author.html (last visited Mar. 9, 2004).
58 Bowers v. Hardwick, 478 U.S. 186 (1986) (holding
that Georgia's statute criminalizing sodomy did not violate the fundamental
rights of homosexuals).
59 THE PELICAN
BRIEF, supra note 55.
60 See Judith Grant, Lawyers As Superheroes: The
Firm, The Client, and The Pelican Brief, 30 U.S.F. L. Rev. 1111,
1118 (1996).
61 THE PELICAN
BRIEF, supra note 55.
62 INHERIT THE WIND(MGM/Va
Studios 1960).
63 TO KILL A MOCKINGBIRD
(Universal Studios 1962).
64 See MILNER S. BALL,
THE WORD AND THE LAW
(1993) (linking the Bible and religious philosophy to the law).
65 One scholar has called for more heroic portrayals
of practicing lawyers in fiction, film, and television to counter cynicism
of just this sort. See Carrie Menkel-Meadow, The Sense and Sensibilities
of Lawyers: Lawyering in Literature, Narratives, Film and Television, and
Ethical Choices Regarding Career and Craft, 31 MCGEORGE
L. REV. 1, 6, 24 (1999).
66 See PAULO FREIRE,
PEDAGOGY OF THE OPPRESSED 52-67
(Myra B. Ramos trans., rev. ed. 1995) (describing and calling for a liberationist
pedagogy).
67 Throughout the nineteenth century most American
lawyers trained in apprenticeships, and the earliest private schools "were
generally outgrowths of the law offices of practitioners." ROBERT
STEVENS, LAW SCHOOL:
LEGAL EDUCATION IN AMERICA
FROM THE 1850S TO THE 1980S,
at 3 (1983). Even with the rise of university-based law schools in the
late antebellum period, "law schools were seen as an expanded form of office
practice." Id. at 26.
68 The profession emerged during a period in which
many occupational groups staked out professional status for themselves
and the modern conception of the profession took shape. Samuel Haber, The
Professions, in ENCYCLOPEDIA OF AMERICAN
SOCIAL HISTORY 1585 (Mary Kupiec
Cayton, et al. eds., 1993).
69 MAGALI SARFATTI
LARSON, THE RISE
OF PROFESSIONALISM: A SOCIOLOGICAL
ANALYSIS 237 (1977).
70 Haber, supra note 68, at 1576. |