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particular, I thank Howie Erlanger and Stewart Macaulay for sharing their insights



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Learning to “Think Like a Lawyer” ( PDFDrive )


particular, I thank Howie Erlanger and Stewart Macaulay for sharing their insights
on law teaching and sociolegal studies as well as for their stalwart friendship and
support, Jane Larson for the ongoing education I receive from our discussions, Art
McEvoy for his encouragement and colleagueship, and a growing list of valued
Madison compatriots for all that I am learning from them about sociolegal inquiry.
Our dean, Ken Davis, and associate deans Alta Charo and Peter Carstensen have
been generous in their patience and support as I’ve negotiated the completion of
this project across institutions (and states!).
During several years of the project, I held in addition to my ABF appointment
a position at the Northwestern University School of Law, where I had also been a
law student. Much of the initial impetus for this study came from some of my
observations as a student at Northwestern and from the insights of my fellow stu-
dents there. In particular, I want to remember my classmate Cathy Novak, whose
experiences during our first year challenged me to ask more about the process of
legal education. My good friends Joe Margulies and Jonathan Turley learned with
and taught me about the problems and possibilities of the law school environment,
as did many other friends, including my Articles Office “family”: Rick Sander, Krista
Edwards, Sue Tuite Kirkpatrick, and Mark Challenger. As my third-year research
supervisor, David VanZandt encouraged my initial interest in this project. While
a professor at Northwestern, I also benefited from the intellectual insights and
support of the short-lived but productive “Friday Faculty” group, including my
friend and coauthor Cynthia Bowman, Jane Larson, Bob Burns, Clint Francis,
Stephen Gardbaum, Ray Solomon, and Len Rubinowitz (known to generations of
Northwestern law students and junior faculty, including me, as an exceptionally
supportive colleague and friend). I warmly thank Michael Perry and Kathy Abrams,
fellow NU departees, for sharing their perspectives in discussions pertinent to this
work, and a number of other colleagues on whom I leaned for insights and advice,
including Vic Rosenblum, Marshall Shapo, Theresa Cropper, Laura Lin, Charlotte
Crane, Helene Shapo, Dick Speidel, Judy Rosenbaum, and Ron Allen.


xii
Acknowledgments
To the inspiring groups of students in my Law and Language, Law and An-
thropology, Legal Process, and Legal Profession classes at Wisconsin and North-
western, my gratitude for their invigorating discussions and research on topics
pertinent to this study. I have also gained fresh perspectives from the graduate stu-
dents with whom I’ve worked, with particular thanks to Jonathan Yovel, Jason
Freitag, Susan Gooding, Mark Goodale, Elizabeth Hoffman, Maud Schaafsma, and
Scott Parrott.
Outside of my home institutions, I have drawn on a wealth of knowledge and
support from a network of colleagues from whom I have been so fortunate to learn:
Martha Fineman, scholar and mentor extraordinaire, to whom I owe a special debt
of gratitude; David Wilkins and Joyce Sterling, my “legal profession” buddies;
Martha Minow, who provided invaluable practical aid and encouragement at the
outset of the project; and the gifted group of legal anthropologists, law-and-
society scholars, and anthropological linguists from whom I continue to learn: Carol
Greenhouse, Greg Matoesian, Sally Merry, Susan Hirsch, Charles Briggs, Marianne
Constable, Susan Philips, Don Brenneis, Bambi Schieffelin, John Conley, Mindie
Lazarus-Black, Ross Cheit, Lisa Frohmann, and many others. I owe a great deal of
my trajectory as an anthropologist of language to my early teachers at Bryn Mawr
and Duke—Judith Shapiro, Nancy Dorian, Jane Goodale, Frederica de Laguna,
Virginia Domínguez, William O’Barr, Jim Boon, and Larry Rosen—as well as to
the wonderful group of scholars who were part of the Center for Psychosocial Stud-
ies network during the time I was there. And I wish to acknowledge a special debt
to Michael Silverstein, on whose pathbreaking work in linguistic anthropology I
have drawn heavily.
I pause to express particular appreciation for the example set by my colleague
Jane Larson, whose dignity and whose insistence on values that I respect, particu-
larly regarding law and legal education, have pushed me and others to stand up for
what we believe, at whatever cost. I also am grateful to Ian Macneil and Marshall
Shapo, conscientious and sturdy voices in defense of academic freedom at a time
when many of us thought that this freedom was very much imperiled.
At key turning points toward law in my career, I was fortunate to have the en-
couragement and support of two generous senior mentors. I thank Judge Richard
Cudahy, who has stood strongly for a vision of justice in law while also insisting on
meticulous and rigorous legal thought, for a clerkship experience that was the high-
est form of legal education. I also thank Barney Weissbourd, with whom I coau-
thored two of my earliest articles on language and law; if it weren’t for our friendly
but spirited battles over the proper interpretation of H. L. A. Hart’s work, I might
never have decided to go to law school.
Finally, I want to express my thanks to other friends and to family who have
helped to make this work possible. To my mother, Barbara Mertz, a heartfelt thank
you for all your help and support over the years, and for flying in to sleep on our
couch during my law school exams so that I could study in peace knowing that
Jenny had top-of-the-line attention. I am deeply grateful as well for the rich net-
work of friends whose many kindnesses have greatly enriched my life and that of
my family, often providing the missing pieces we needed to keep schedules and
lives running smoothly: Eva, Karen, Joe, Jim, Kathy, Carol, Jeanne, Dave, Laurie,


Acknowledgments
xiii
Dean, Connie, Terry, Mary Jo, and the rest of the Skokie extended family who have
been part of the “village” that has helped to raise my children. I will also always
remember with appreciation and great affection the invaluable support I received
from Katherine Shea, including her tireless renditions of Irish lullabies for my
colicky newborn Becca as I struggled in that time to balance work and family.
And to my children, Jenny and Becca, I owe the debt of all working moth-
ers—that they have shared me with my work, and that my connection with them
continually brings renewal and joy to my life. Becca, born after I received my JD,
knows the law school as one of the places where I work, and she is a veteran of many
office visits, which she has weathered with characteristic good humor and artistic
contributions. I have learned from her about resilience and resourcefulness in the
face of change. Jenny was two years old when I began law school, and she experi-
enced much of it with me, from Estates and Trusts class to the 

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