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Telling stories about cases and clients: The ethics of narrative
Georgetown Journal of Legal Ethics, The, Fall 2000 by Miller, Binny
5. See, e.g., PATRICIA EwiCK & SUSAN SILBEY, THE COMMON PLACE OF LAW (1997) (proposing a cultural theory of law with three central narratives of legal consciousness).
6. See Sherri Lynn Johnson, Race and the Decision to Detain a Suspect, 93 YALE L.J. 214, 256-57 (1983) (comparing author's experience as a blonde, white woman pushing a shopping cart down the streets of New York with that of her Latino client in concluding that race plays a role in police decisions to detain individuals on the street); Binny Miller, Who Shall Rule and Govern? Local Legislative Delegations, Racial Politics, and the Voting Rights Act, 102 YALE L.J. 105 (1992) [hereinafter Miller, Voting Rights] (arguing for a more expansive interpretation of the Voting Rights Act based on author's experience as a voting rights attorney). For a discussion of the relationship between narrative and legal doctrine, see Binny Miller, Give Them Back Their Lives: Recognizing Client Narrative in Case Theory, 93 MICH. L. REV. 485 (1994) [hereinafter Miller, Case Theory].
7. I acknowledge Paul Gewirtz' insight that scholarly movements are not so easily categorized. See Paul Gewirtz, Narrative and Rhetoric in the Law, in BROOKS & GEwiRTZ, supra note 1, at 3 (introduction) (commenting that "as with so many young movements, political or scholarly, it remains an open question whether the participants in [law and literature] really have a common purpose").
8. See, e.g., Miller, Case Theory, supra note 6; Lucy E. White, Subordination, Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G., 38 BUFF. L. REV. 1 (1990) [hereinafter White, Mrs. G.]; Lucy E. White, To Learn and Teach: Lessons from Driefontein on Lawyering and Power, 1988 Wis. L. REv. 699 (1988) [hereinafter White, Lessons from Driefontein].
9. See, e.g., PATRICIA WILLIAMS, SEEING A COLOR BLIND FuTURE: THE PARADOX OF RACE (1998); DERRICK BELL, AND WE ARE NOT SAVED (1987) (describing fictional encounter between author and Geneva Crenshaw); Mari J. Matsuda, Public Response to Racist Speech: Considering the Victim's Story, 87 MICH. L. REv. 2320 (1989) (arguing that "formal criminal and administrative sanction - public as opposed to private prosecution - is [I an appropriate response to racist speech").
10. PATRICIA J. WILLIAMS, THE ALCHEMY OF RACE AND RIGHTS (1991) (describing author's experience as an African-American individual and law professor).
11. See, e.g., MOTHERS IN LAW (Martha Albertson Fineman & Isabel Karpin eds., 1999); Kathryn Abrams, Hearing the Call of Stories, 79 CAL. L. REv. 971 (1991) (analyzing feminist and critical race narratives).
12. See, e.g., William Eskridge, Jr., Gaylegal Narratives, 46 STAN. L. REv. 607 (1994) (discussing the importance of gaylegal narratives); Marc A. Fajer, Can Two Real Men Eat Quiche Together? Storytelling, Gender-Role Stereotypes, and Legal Protection for Lesbians and Gay Men, 46 U. MIAMI L. REv. 511 (1992) (focusing on the importance of storytelling to counter gay stereotypes).