The Language of Law School This page intentionally left blank

Transcript 7.6 [4/17/16]
Prof.:
Right, the question you would ask yourself of course is, how likely is it
that somebody would spontaneously quit their job, if there hadn’t been
some-(.)
Ms. B.:
reliance--
Prof.:
--promise, coming the other way. You’re saying, “Not very
likely,” right? 
[ . . . ]
The professor simply continues on through his turn, not pausing to acknowledge
the attempted interjection. But the student’s proffered comment reveals the ex-
tent to which the professor has succeeded in creating a discursive rhythm in which
the student is literally finishing sentences and thoughts begun in his turns and
questions.
Finally, we can also examine the places in these classroom exchanges where
the generally strong coordination between these particular speakers breaks down.
At one point, for example, the professor asks a question that appears to stump the
student momentarily: “What’s estoppel, and who is estopped from doing what, in
the case?” The student responds by saying, “Um . . . ” And then the professor moves
into a sequence of cuing and positive commentary designed to facilitate the ongo-
ing discussion: “Two-part question rolled into one.” Student: “The grandfather’s
estate is getting estopped--” Prof.: “--Yeah, that’s- you’re on the right track--” Stu-
dent: “--from not fulfilling the promise.” Prof.: “Estopped from not fulfilling the
promise . . .”

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Professorial Style in Context
151
At another point, when Ms. B. begins to stumble, the professor again jumps
in quite directively: “Okay, hold it right there. We know from the hypothetical that
the employer didn’t have a real intention, but it says something else, doesn’t it?”
Student: “(Apparent) intention.” Prof.: “Or apparent intention. What do you make
of that?” This vigorous approach, which redirects student responses quickly when
they begin to stray, is another means by which the professor uses a strongly con-
straining discursive frame to guide students in coproducing coherent narratives.
Similarly, the professor at times uses prosodic features like stress to cue students
as to the likely correct response, as in this set of questions: “So, is that all you need
to raise this estoppel point? Just a promise?” The student’s response (“No”) is pre-
dictable from a sensitive reading of these cues in the preceding question. At sev-
eral points in this exchange, the professor also redirects the student by framing a
response she has given as correct—but for a different situation. He then emphati-
cally reiterates what the coordinates of 
this
 situation are (e.g., “Yes, in that situa-
tion, okay. . . . In the actual case, to get back to the actual case, Ms. B.”; or “Okay,
that’s really the second question I was going to ask. . . . The first question I was
going to ask, though, was . . . ”). The professor will also at times forge ahead when
the student is floundering and answer his own question. In another turn, the pro-
fessor supplies dialogue for the student, warning her against a trap that is simulta-
neously one of thinking and saying:
Transcript 7.7 [4/17/8]
Prof.:
All right. So, we would ask the benefit-detriment question. 
[writes on
board]
 Okay? Ask the benefit-detriment question. Benefit in the uncle,
well, we might go off on a hair-brained theory about that, but we don’t
need to, right? Is it a detriment to the promisee, I guess, the answer’s
pretty obvious, right, Ms. B.? Assuming she really promised that, is it a
detriment? Now, don’t get caught in this trap, you’re gonna say, “Well,
not really, because she’s going to get this money.” Yeah, but that’s not the
way to think about it. That’s not what we mean when we ask if there was
a detriment, okay. We don’t say, “Gee, is it really worth it for the nephew
to give up these three fun things, in exchange for the money? Is it net
detriment?” The answer is, “Who cares?” right? You don’t look at the
detriment () for the thing you promised. You just look at what you were
promised. . . . You were gonna say, “Well, maybe not,” but now you’re
gonna definitely say, she said it. [[class laughter]] “Because she’s giving
up a ten dollars a week, bookkeeping job, no question about it. That’s
clearly a detriment.” Don’t get- don’t get confused in that net detriment
concept. . . .