Tuesday, January 31, 2006
It was opening statements in the Lay and Skilling case today. It looks like the government will focus on a theme of "the defendants lied" - a smart approach to avoid getting bogged down in this being a white collar paper trial with financial intricacies. The defense is making its points with comments like - he may have been responsible for the bankruptcy - but not for any crimes. See Peter Lattman's Wall Street Journal Blog here, Tom Kirkendall's Houston Clear Thinkers here, and of course the Houston Chronicle blog here for detailed comments on the opening statement. But I wasn't sure if it was the Houston Chronicle bloggers and/or the the actual openings that were filled with the sports references. I couldn't help but think how in legal education we find in feminist literature that some professors make assumptions about people being attuned to the sports world in analogies used in the classroom. Catherine Weiss and Louise Melling, The Legal Education of Twenty Women, in the Stanford Law Review 1299, 1337 (May 1988) note the following comment in their article: "Men presume that everyone understands a sports analogy. I would never presume to use a knitting analogy." (Although, I too, use plenty of sports analogies on this blog).