Legal Commentary

One of the distinctive features of the dialogue in HBO?s series Deadwood was its complexity. It?s not that common to hear dependent clauses on TV, much less dependent clauses within dependent clauses. So why was the show so popular? Why were people willing to listen to characters who talk the way Jane Austen writes? The reason was another unique feature of the show?s dialogue (one that can?t be found in Jane Austen), namely the unprecedented use of profanity.  It was as if Elizabeth Bennett had been possessed by Joe Pesci.

The point is that profanity can make complex language easier to digest.  This makes it an attractive tool in the classroom. I?m convinced that if I could swear like a Deadwood?s Al Swearengen when lecturing about the Erie doctrine, my students would remember it much better come exam time.

As it is, I limit myself to language that would be acceptable on network TV, such as ?No one gives a damn about service rules when choosing whether to sue in federal or state court? or ?Who?n the hell knows whether a federal rule abridges, enlarges, or modifies a substantive right?? For a while I toyed with the idea of using Battlestar Galactica?s ?frak,? but decided in the end that it was over the line.

But maybe I?m over the line already...?