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"Stefancic, Jean, author"
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Nothing but the Truth
2001
Lubet's Nothing But The Truth presents a novel and engaging
analysis of the role of storytelling in trial advocacy. The best
lawyers are storytellers, he explains, who take the raw and
disjointed observations of witnesses and transform them into
coherent and persuasive narratives. Critics of the adversary
system, of course, have little patience for storytelling, regarding
trial lawyers as flimflam artists who use sly means and cunning
rhetoric to befuddle witnesses and bamboozle juries. Why not simply
allow the witnesses to speak their minds, without the distorting
influence of lawyers' stratagems and feints? But Lubet demonstrates
that the craft of lawyer storytelling is a legitimate technique for
determining the truth andnot at all coincidentallyfor providing the
best defense for the attorney's client. Storytelling accomplishes
three important purposes at trial. It helps to establish a \"theory
of the case,\" which is a plausible and reasonable explanation of
the underlying events, presented in the light most favorable to the
attorney's client. Storytelling also develops the \"trial theme,\"
which is the lawyer's way of adding moral force to the desired
outcome. Most importantly, storytelling provides a coherent \"story
frame,\" which organizes all of the events, transactions, and other
surrounding facts into an easily understandable narrative context.
As with all powerful tools, storytelling may be misused to ill
purposes. Therefore, as Lubet explains, lawyers do not have carte
blanche to tell whatever stories they choose. It is a creative
process to be sure, but every story must ultimately be based on
\"nothing but the truth.\" There is no room for lying. On the other
hand, it is obvious that trial lawyers never tell \"the whole
truth,\" since life and experience are boundless and therefore not
fully describable. No lawyer or court of law can ever get at the
whole truth, but the attorney who effectively employs the
techniques of storytelling will do the best job of sorting out
competing claims and facts, thereby helping the court arrive at a
decision that serves the goals of accuracy and justice. To
illustrate the various challenges, benefits, and complexities of
storytelling, Lubet elaborates the stories of six different trials.
Some of the cases are real, including John Brown and Wyatt Earp,
while some are fictional, including Atticus Finch and Liberty
Valance. In each chapter, the emphasis is on the narrative itself,
emphasizing the trial's rich context of facts and personalities.
The overall conclusion, as Lubet puts it, is that \"purposive
storytelling provides a necessary dimension to our adversary system
of justice.\"
From the Ground Up
by
Luke W. Cole
,
Sheila R. Foster
in
Environmental
,
Environmental justice
,
Environmental justice -- United States
2000,2001
p strongA critical look at the movement for environmental justice/strong When Bill Clinton signed an Executive Order on Environmental Justice in 1994, the phenomenon of environmental racism-the disproportionate impact of environmental hazards, particularly toxic waste dumps and polluting factories, on people of color and low-income communities-gained unprecedented recognition. Behind that momentous signature, however, lies a remarkable tale of grassroots activism and political mobilization. Today, thousands of activists in hundreds of locales are fighting for their children, their communities, their quality of life, and their health. emFrom the Ground Up/em critically examines one of the fastest growing social movements in the United States-the movement for environmental justice. Tracing the movement's roots, Luke Cole and Sheila Foster combine long-time activism with powerful storytelling to provide gripping case studies of communities across the US-towns like Kettleman City, California; Chester, Pennsylvania; and Dilkon, Arizona-and their struggles against corporate polluters. The authors use social, economic and legal analysis to reveal the historical and contemporary causes for environmental racism. Environmental justice struggles, they demonstrate, transform individuals, communities, institutions and the nation as a whole./p