Lorraine Doran
lorraine.doran@nyu.edu
Legal Fictions:
Office Hours: Monday 11-12 and by appt.
Storytelling & the Law
FRSEM-UA 557
Monday, 12:30-3:00
We tell ourselves stories about the law everyday – in literature and film, journalistic
accounts and internet debates. In this course, we will consider the judgments and values
beneath those stories, and what relationship they bear to the way stories are told and
evaluated by lawyers and judges. We’ll think about how fictional versions of legal ideals
transcend the boundaries of the law itself, as well as how the law has evolved in its
understanding of our rights and responsibilities. The narratives we will examine involve,
among other things, civil rights, criminal justice, and civil disobedience. Though these
are issues we can (and should) become passionate about, we’ll go beyond the opposing
positions, and try to discern what our legal narratives tell us about ourselves and the times
we live in. In other words: what do the ways in which we translate legal principles in
literature and film, and debate them in the public sphere, tell us about the human
condition? With the authors of these texts, we will work toward our own definitions of
what is just.
Required Texts
The Constitution of the United States
Franz Kafka, The Trial
Harper Lee, To Kill a Mockingbird
Never Let Me Go, directed by Mark Romanek
The Central Park Five, directed by Ken Burns, Sarah Burns, David McMahon
Books are available at the NYU Bookstore, and films are on reserve at Bobst. Supreme
Court opinions, statutes, essays, and short stories will be available on NYU Classes or as
handouts.
Writing Requirements
1. Course blog: Our course blog will be a collaborative effort, a written conversation
that will guide our in-class discussions and form the basis of your final paper.
Each week (beginning on 2/1), you will write a 500 word blog post that responds
to that week’s readings, focusing on specific lines of inquiry, themes or conflicts,
discussing a connection to a larger social context or another text, etc. These posts
will be as thoughtful, rigorous, and elegantly written as printed work, and you will
submit printed copies of your blog posts. These are, however, only the required
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elements of the blog; I encourage you to use this space freely to discuss your
thoughts with one another.
 Post blog entries by 5 pm on the Sunday before they are due, so that
everyone has a chance to read them before class on Monday.
 There will be no blog posts due on essay due dates, or on presentation
days.
2. Short essay: 3-4 pages. I will post a prompt for the short essay on Classes.
3. Final essay: This 8-10-page paper will explore, in greater depth, an aspect of legal
storytelling that you began to consider in your blog posts. You will develop your
idea for the essay over the course of the semester, and submit a proposal two
weeks before the essay is due. There will be one required drafting conference with
me, though I encourage you to otherwise meet with me to discuss your evolving
ideas.
Other Requirements
Presentations:
We will open each class with a brief presentation on the readings/films (likely based on
the blog posts) by two designated students. You will also give one presentation on the
subject of your final paper at the end of the term.
Attendance, Preparation and Participation:
This is a discussion-based class, meaning that what we learn is driven by your analysis
of, and ideas and questions about, what you are reading and writing, so your attendance is
necessary and mandatory. Documented medical conditions, family emergencies, and the
observance of religious holidays are legitimate excuses for an absence. If you are absent,
it is your responsibility to check with your classmates about what you missed, to obtain
any handouts that you need to read for the next class, and to hand in the work due that
day.
You cannot have more than two unexcused absences. After two unexcused absences, I
will contact your advisor; more than two unexcused absences will affect your grade.
Habitual lateness is disruptive and inconsiderate; three late arrivals = an unexcused
absence.
Preparation and Presentation
Class participation means thoughtful, informed, respectful contributions to class
discussions, enthusiastic collaboration and general good citizenship: being prompt,
prepared, and constructive. Please come to class prepared to discuss the readings/films.
Take notes as you read/watch; be aware of the text’s line of inquiry, look for patterns,
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raise questions. Bring hard copies of all readings; chronic lack of preparation will affect
your grade. If you need extra help with a text, I encourage you to come by my office
hours, or talk to me after class.
In an effort to make the classroom a space in which we interact with one another, and not
with screens, we will not use laptops, tablets, smartphones, etc. in class. Please keep a
notebook dedicated to taking notes in class, as well as on readings and films; this will be
enormously useful as you gather evidence for your written work.
Format and Presentation:
All submitted writing must be typewritten (12 pt font), stapled, page-numbered, and
double-spaced with 1-inch margins.
Your work must be proofread and edited for misspellings and errors in grammar, syntax,
and punctuation. I strongly recommend proofreading on the page, rather than on the
screen; it makes a huge difference. The presentation of your ideas is as important as the
quality of your ideas.
Grading
Final Grade
Your final grade will be calculated as follows:
35% Final essay and portfolio
25% Blog writing: I will drop the lowest grade.
20% Short essay
20% Oral presentations; Class participation and preparation
Essay Grades
A work is excellent in every way. There is a consistent line of inquiry linking
complex, original ideas. Instead of restating what was already known, or repeating
the ideas of other authors, it reveals the writer’s ambition and perception, and
leaves the reader surprised and enlightened. The evidence is well chosen and
incorporated, and your reflection enhances the reader’s understanding of it. The
language, grammar, and syntax are pristine and elegant. The essay is well
structured and has a clearly defined beginning, middle, and ending.
B work is ambitious and achieves many of its aims, or reaches less high and
thoroughly achieves its aims. The ideas are substantial and coherent, though the
connections between them may not always clear. The evidence is relevant and
well chosen, though perhaps insufficient in presentation or analysis; the reader
may have to infer what the writer should have made explicit. It is a solid essay but
not as rigorous or profound in its inquiry.
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C work is problematic in its aims and execution. Its structure and line of inquiry
are not clear, and its presentation and reflection on evidence are insufficient. It
may simply restate the evidence without exploring it in enough depth. Problems
with syntax, word choice, grammar, and text incorporation may also be apparent.
Typically, it lacks a substantial question to explore, repeats a “main point” instead
of evolving an idea, or contains ideas that are simplistic or not well connected.
D or F work is seriously deficient in ambition and execution. It fails to grapple
with substantial ideas, or is seriously problematic in several of the areas described
above: structure; complexity and originality; clarity of inquiry; presentation of
and reflection on evidence; syntax; grammar; and word choice.
Blog Posts
Your blog posts should:
o Go beyond naming shared themes in texts, to get at specific ideas within
the texts.
o Get at a conflict or question that interests you; each post is not intended to
be a finished essay, but the beginning of a line of inquiry you might
pursue in an essay.
o Discuss more than one text (use multiple texts from class and/or bring in
texts of your own choosing).
o Be specific when discussing evidence. Reference particular, related
moments in the text(s). If the reading brings to mind other evidence (texts,
real world events), reference them specifically as well. Vague statements
about society, governments, social systems, etc. will only lead to vague
thinking.
o Be organized into paragraphs and carefully proofread.
Blogs must be posted by 5 pm on the Sunday before they are due. I will drop the
lowest grade.
Academic Integrity
Plagiarism is failure to properly assign authorship to a paper, a document, an oral
presentation, etc., which are not your original work. Some examples of plagiarism:
 Copying verbatim from a book, an article, the internet or other media without
attribution
 Paraphrasing or restating someone else's facts, analysis and/or conclusions
without attribution
 Submitting all/part of another student’s work as your own
 Purchasing research or a paper
If you plagiarize, you will receive an F on the plagiarized work, and I will notify your
advisor. The university may punish plagiarism with suspension or expulsion. Please see
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the university’s Statement on Academic Integrity, and see me if you have specific
questions about citation or attribution.
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The Writing Center
You can make an appointment at The Writing Center, a consultancy service offered by
the Expository Writing Program, if you need help at any stage of the writing process. The
Center is located at 411 Lafayette Street, 4th floor. Keep in mind that the Center is not a
proofreading service; rather, you can expect the consultants there to help you with the
ideas you are developing in your writing. Please bring 2 hard copies of your written
work to your appointment. Appointments can be made online.
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Legal Fictions
Week
Date
1
1/25
Assignment
The Constitution of the United States, Amendments 1-10, 13-15, 19; the Declaration
of Independence
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2/1
Le Guin, “The Ones Who Walk Away from Omelas” (1-9)
Jackson, “The Lottery” (1-9)
Romanek, Never Let Me Go
First blog post due.
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2/8
Lee, To Kill a Mockingbird, part 1 (1-116)
2/15
President’s Day: No Class
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2/22
Lee, To Kill a Mockingbird, part 2 (112-284)
Gladwell, “The Courthouse Ring” (1-10)
Excerpts from the Code of Professional Responsibility
Short essay due. No blog post due.
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2/29
Wilde, De Profundis (excerpts) (508-09; 577-93)
Bowers v. Hardwick, 478 U.S. 186-221 (1986)
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3/7
Lawrence v. Texas, 539 U.S. 558-606 (2003)
Lithwick, “Extreme Makeover: The story behind the story of Lawrence v. Texas”
(1-9)
3/14
Spring Break: No Class
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3/21
U.S. v. Windsor, 570 U.S. __ (2013) (1-42)
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3/28
Kafka, The Trial, “Arrest” through “Leni” (3-110)
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4/4
Kafka, The Trial, “Lawyer” through “The End” (111-213)
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Legal Fictions
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4/11
Burns, et al, The Central Park Five
Didion, “Sentimental Journeys,” Part 1 (1-7)
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4/18
King, “Letter from Birmingham Jail” (1-6)
Melville, “Bartleby the Scrivener” (3-38)
Toobin, “Edward Snowden is No Hero” (1-3)
Cassidy, “Why Edward Snowden is a Hero” (1-4)
Final blog post due.
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4/25
13
5/2
Annotated bibliography due.
Presentations.
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5/9
Presentations. Final papers due 5/11.
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