July 01, 2008
Law, Literature and Business Part I
Posted by Usha Rodrigues

Thanks to the Glom for inviting me back! As Gordon indicated, I’ve got quite a bit going on this summer, and I’m hoping it will prove fruitful blogging fodder.

First off, yes, I’m teaching Law, Literature, and Business. The backstory: my generous associate dean, Paul Kurtz, okayed a course with this title even though he knew that I knew that I had no idea what I was going to teach in it. Every third year, we at Georgia teach a 2-credit “floater course” on a subject that flows from our research. This topic has been on my mind for a while. I hope the course will work as kind of pre-reading, to get me up to speed to be able to write an article next summer.

As I started reading (ok, skimming) my way through law and lit articles and books, I realized that the subject could be broken into at least 2 strands, one focusing on content—trials and lawyers in literature (i.e., To Kill a Mockingbird)—and one on applications of literary theory. I’ll focus on the content side in this post.

The content approach is problematic for the transactionally-minded. I just haven’t found many deal lawyers or transactions depicted in literature. The dazzling exception that proves the rule? Herman Melville’s Bartleby, the Scrivener. Subtitled A Tale of Wall Street, it is close to ideal: short, beautifully written, wry, and weird. The narrator is a transactional lawyer, and although the tasks of scriveners are obsolete, I suspect that for many a corporate associate the drudgery of Bartleby’s life, and the narrator’s choice never to “address a jury or in any way draw down public applause”, but instead “do a snug business among rich men’s bonds, and mortgages, and title deeds,” may resonate.

At the suggestion of colleague Paul Heald, I read Richard Power’s novel Gain, which traces the history of a soap making empire from family business through public company conglomerate, interspersed with a very personal narrative of a woman’s struggle with cancer that may have been caused by chemicals from the self-same soap company. It’s not as anti-corporate America as that juxtaposition suggests, and it nicely captures the drama and desperation of business-building. It's on the list.

But novels tend to be long, and I want to cover several depictions of business in literature. So I decided to assign at least 2 movies. One seems to have to be Oliver Stone’s Wall Street. The other? I’m currently thinking about the Insider (which I haven’t seen yet), or Glengarry Glen Ross.

Am I wrong about the dearth of transactions and business lawyers in novels? Are there movies I’m missing? Please tell me.

Unless, of course, you’d prefer not to.

Art & Culture, Film | Bookmark

TrackBacks (0)

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8345157d569e200e5539930a08834

Links to weblogs that reference Law, Literature and Business Part I :

Comments (13)

1. Posted by Jeff Lipshaw on July 1, 2008 @ 5:44 | Permalink

Usha, I'm not sure the lowly corporate associate doing due diligence is any more forlorn than her counterpart doing litigation document review.

As to movies, Warren Beatty (in his Leo Farnsworth body) chairs a board meeting in Heaven Can Wait. Richard Gere plays a corporate takeover artist in, of all things, Pretty Woman. The portrayal of the closing in Michael Clayton is visually pretty accurate, but you only have a sketchy idea of the deal itself, and in general, you have to suspend your disbelief pretty intensely through most of the movie. In fact, as I recall, it may have been a settlement of a case, which isn't so accurate. I have blogged before, however, that the angst of the lawyer played by Tilda Swinton is not far from the truth.

I'm straining to think of novels (in part because I don't read much fiction any more) that involve transactions. I turned to my wife, who reads a lot of fiction, and asked her. She said "there are none, because it's boring." Unfortunately, I think she's either right or not far off. As exciting as I think closing a big deal can be, there's very little about it that has the natural drama of a trial. Plus, it's hard narratively to capture the thrill you feel when you know the multi-billion dollar wire transfer has just been authorized.

The more common portrayal is the populist view of business and business people as villains and vultures. I haven't read Larry Ribstein's work on this, but he's written about Hollywood portrayals of business. Indeed, Robert Altman's The Player is all about the business of Hollywood.


2. Posted by Jeff Lipshaw on July 1, 2008 @ 5:47 | Permalink

Wait, wait. I think the plot in Scott Turow's second novel, Burden of Proof, turns on some kind of public offering or SEC investigation. As I recall, it completely lost me and I was flipping pages quickly to get to the end, just to finish the book.


3. Posted by Joe Miller on July 1, 2008 @ 7:59 | Permalink

For a movie that's a bit more comic - and also involves an i.p. angle - you can't beat "The Hudsucker Proxy." The Wikipedia page about it is at
http://en.wikipedia.org/wiki/The_Hudsucker_Proxy


4. Posted by Gordon Smith on July 1, 2008 @ 8:00 | Permalink

Surely Louis Auchincloss must have a transactional lawyer somewhere ...

Not being an avid reader of Auchincloss, I can't think of one off hand, but perhaps in The Partners?


5. Posted by J on July 1, 2008 @ 8:22 | Permalink

The first chapter of A Man in Full is a very entertaining description of a "workout" between a former high-flying client and a fully-secured bank.


6. Posted by J on July 1, 2008 @ 8:26 | Permalink

Also, there's a lawyer with a Boston firm -- Willett? -- who has written a very good novel with some significant securities law / accounting issues. Present Value, I think. He also wrote a mystery a while back that incorporated the old "loaned $100 million but the security agreement only secured $1 million" story.


7. Posted by Christine on July 1, 2008 @ 8:31 | Permalink

Welcome back, Usha! I would definitely take a look at Larry Ribstein's article on business in film. Other films you might want to look at are Barbarians at the Gate, Boiler Room, Other People's Money, Tucker -- a Man and His Dream, and the Aviator.


8. Posted by Usha Rodrigues on July 1, 2008 @ 8:39 | Permalink

Thanks, these are great comments! How cool is that I'm now planning on reading a Scott Turow novel and chalking it up to "research"? I hadn't even thought of Auchincloss or Tom Wolfe's A Man in Full.

As for films, I love the Coen brothers' work, so I can't believe I overlooked the Hudsucker Proxy--thanks, Joe! And when it comes to boardroom antics figuring in plots, I can think of 3 recent films where the bad-guy corporate-type is laid low because he (always he) forgot that public companies can be bought out from under him: Batman Returns, Iron Man, and Dodgeball.

Jeff, I must take issue with your wife's sentiment, though--deals aren't boring. My proof is Barbarians at the Gate, which I'm probably going to assign for the seminar, even though it's non-fiction. The colorful characters, the drama, the betrayals--it's all there.

Hmm, maybe instead of reading novels (I mean, researching) this summer, I should try novelizing Rupert Murdoch's takeover of WSJ or the collapse of Bear Stearns.


9. Posted by Jeff Lipshaw on July 1, 2008 @ 10:39 | Permalink

I hate to admit I even know this (I have never read the book), but I believe Harold Robbins' classic bodice-buster trash novel The Carpetbaggers also deals with empire building in Hollywood.


10. Posted by David Zaring on July 1, 2008 @ 13:15 | Permalink

I really like that workout scene in A Man in Full. And it is a standalone. Heck you could also do bits of Bonfire of the Vanities, if you want a dated Wall Street Master of the Universe look.

Post a comment

If you have a TypeKey or TypePad account, please Sign In

Bloggers
Papers
Posts
Recent Comments
Popular Threads
Search The Glom
The Glom on Twitter
Archives by Topic
Archives by Date
February 2012
Sun Mon Tue Wed Thu Fri Sat
      1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29      
Syndicate The Glom
Subscribe

The Glom's Blog Network on Facebook:

Miscellaneous Links
LexisNexis Top Business Blogs 2011

 LexisNexis Tax Law Community 2011 Top 20 Blogs