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Teaching Law Through Playwriting

Teaching Law Through Playwriting

Several years ago Professor Mike Millemann, on the left, contacted me to see if I wanted to help him fulfill a grant made to the University of Maryland Cary School of Law to teach law differently by using the theater.

We signed up Elliot Rauh, of Single Carrot Theatre and decided the class should write plays about prisoners who had been released from prison after they had been determined to be absolutely innocent after years of incarceration. One of those plays was about Michael Austin, at the center, who was imprisoned in Maryland for over 27 years for a murder he did not commit. He was freed through the brilliant legal work of Larry Nathans, Esq., of Nathans & Biddle.

Last week we got together again at Lexington Market in downtown Baltimore as a reunion of old friends to help Michael because Michael had just found out that due to a typo in his arrest record he was never exonerated and that has kept him from getting work. This will be resolved but the reunion between friends nonetheless was wonderful.

In Michael’s case, and in most of the cases that we turned into plays, the process was remarkably similar. On the first day of class we brought Michael in to meet the class and answer questions. He was calm, collected, and despite the injustice of his incarceration not angry but very wise. In prison he had perfected himself and along the way he had become quite a remarkable musician.

Throughout the following weeks of the semester, the first third of the class was used to do deep research on what went wrong and what led to his conviction. The class went through trial transcripts, records of an incompetent defense lawyer, and files of prosecutors that withheld evidence and a transcript recording of the judge that sentenced an innocent man to life in prison.

The second third of the class the students wrote the backstory, and in the third and final part of the class, Elliot Rauh taught acting and turned inexperienced law students into the actors of their own play which was performed before the law school.

Michael stayed with the class from the beginning. One of the students said that he should provide music for the play and he agreed. Another one of the students suggested that at the end of the play, Michael should leave his instruments behind and identify himself as the Michael Austin about whom the play was written. The audience gasped and some wept.

At first I thought this class might have limited value so we asked that the students provide a one minute clip to the people who had provided us the grant to state whether they thought the grant money had been used appropriately. I became convinced when one student faced the camera and said “I wrote the part of a defense lawyer who was unprepared, acted the part of the prosecutor who withheld the time card that would have exonerated him, and read the exact words 30 years ago when an innocent man was pronounced guilty by a state court judge in the circuit court of Baltimore city and sentenced to life and I have never been in a courtroom.”

At that point we were convinced that the class worked. People were learning from mistakes made before they were fatal. We taught the class for seven years and it was ranked as one of the most appreciated classes at the law school during that time.

Plot Study #6 Job Interview

Plot Study #6 Job Interview

KGB-TV Job Interview, Another Plot Study (The Monologue)

To answer your question, yes we are a subsidiary of FOXNews. “We be Putin it where the sun don’t shine.” We have a target market reserved for Viewers that believe in tax cuts for the rich, healthcare as unconstitutional, and a God that loves the NRA because we need weapons to protect churches from people with weapons.

Yes, you’ll be asked only to read tweets on the air. The rest is advertising because our viewers are so stupid they’ve proven that they’ll buy anything….like our propaganda/ news from the last election. But I’m getting ahead of myself. Have you provided us with the signed affidavit that you have never been sexually harassed by anybody, ever? No, don’t date it. We will date it if we need it.

Now please look into the camera and read the following tweets: “News flash! Hillary did not disclose Girl Scout cookie Income!” Don’t forget the smile and long knowing stare after you finish, thank you. All right now do this one: “Bill also does sheep !” Smile – that’s it!. Now the next one: “ Obama Birth certificate proves he’s Putin’s grandmother! “ OK, that’s good. Now before we go to the advertising .” News Flash! Surprise -you don’t have to take the Pampers off of your head after Halloween. You can give them to a Democrat with a dirty mind, for Christmas, and get a 501(c)3 religious organization pass-through tax deduction.”

No wait give it to me like we are in Moscow baby: “News Flash! Democrats seek to tax prenatal care for the born-again!” Keep that stare. Keep that knowing stare. Keep smiling. Good! Watch Pat Robertson prey’n on the Christian Broadcast Network. Listen and learn.”

OK, now sell this:

“Because yer such a good American — Free Trump miniature combover piggy banks! Holds two pennies (“your two cents”). Remember when Republicans shut down the government because they wouldn’t vote for any deficit increase? You don’t? Good, you qualify for “The New Contract with America” and new 1.5 Trillion deficit increase that your great-great-grandchildren are going to be paying off… even if they are Russian citizens of West Virginia. And Just remember this: Your free gift from all of us at KGB-TV and the Citizens United Foundation’s offer: 50% off of on our IQ increasing suppositories. Now installable with your thumb.”

Congrats, you‘ve got the job! We pay in Rubles because after the upcoming recession and increasing deficit the dollar won’t be worth shit. Welcome to KGB-TV! We be Putin it where the sun don’t shine.”

Plot Study #5 A Political Comic Book

Plot Study #5 A Political Comic Book

We continue our study of theatrical forms about our present political culture in the form of a Marvel comic book with nine picture frames.

1) The opening frame contains the signers of the Declaration of Independence and Abraham Lincoln saying: “You can fool…” and  Roger Ailes, Newt Gingrich, and a cast of grinning Fox News panelists universally agree: “The hell you can’t. Cut taxes for the rich, take away their healthcare, promise them lost jobs, and give every idiot a gun… Its the new GOP” (Grotesquely Opportunistic Policymakers).

2) Next: There are two little men in loincloths with little hands. In the bubble above the North Korean’s head: “I will launch heat-seeking suppositories is how I will trump you, Trump!” Behind him are millions of people cheering, in unison, in one bubble over their heads, their approval. The bubble above the orange comb-over: “I’m clenched and ready. It will unify my base.“Behind him stand millions of people (no immigrants) each holding millions of guns all aimed at liberals who point at them as they warn: “Fear the suppositories from all sides” and then do nothing which causes the millions holding guns predictably to unify the Comb-over’s base.

3) The next is a tweet which says: “Second amendment – No hunting license required – shoot people for free! “And “First Amendment is about disrespecting soldiers it’s not about Freedom of political speech.”

4) Next the Bolshevik United Republican Party (BURP) screams: “ You are Americans. You have ‘freedom of choice,“ and Lincoln on his knees says: “No, that’s Burger King.”

5) Next the Korean leader leads his millions in a chant: “We win War! We Win War!!”… death to Americans by suppository special sauce on your toasted bum.

6) Next BURP puts up banners which say: “Keep Liberals angry with ‘false news ‘and you stand for ‘freedom of choice!’ We understand for nothing! To gather we fall.” The Liberals continue to be astounded and do nothing.

7) The Fox commentators stand and slap high-fives and misquote Lincoln: ”Divide and conquer the House and Senate!“ The Comb-over tweets: ”Always been colorblind. The flag is not red, white and blue it is white — salute and retweet?

8) Next is of a hurricane building in the shape of a mushroom cloud as the Self-Anointed Televangelists About Nothing (SATAN) and BURP point at it and drop to their knees and confirm: “There you see the Bible told us so: There is no climate change change.”

9) Is blank in case there is an encore.

 

This is another entry in my series of plot studies. Click here to read the previous one.

Plot Study #4 – America’s Pastime

Plot Study #4 – America’s Pastime

Act One
A young student of American history goes to a job interview. The employer who interviews him tells him: “Your job, like this country, requires that you tell the truth because all of us are relying on each other. You can debate the facts but you cannot make up false facts” and then she asks him one question: “What is the difference between a football player who fakes an injury to stop the clock and a baseball catcher who moves his mitt to try to convince the umpire the pitch was a strike?” The young student knows the answer instantly: “The football player is breaking the rules by creating ‘false facts’ with his false injury, but the baseball player is not changing the fact of the pitch because the umpire can see it from beginning to the end. The baseball player is only an advocate but not dealing in false facts.”

Act Two
Convinced that he has a clear understanding of “America’s pastime” and that he will get the job, he goes to a baseball game that afternoon and sits in the bleachers with the fans of both teams. Surrounded by his fellow Americans he happily joins in and argues each ball and strike and catch and call made by the umpires at the game. He sees the same game as the fans of the different teams but all afternoon they enjoy the discussion and their debate and he concludes not only the baseball game but also the debate and discussion are “the American past time.”

Act Three
On his way home he turns on the radio and he hears the home team’s broadcast and then switches to the radio station for the visiting team’s broadcast and he hears an entirely different story. He notices it is not at all what he saw at the game because both radio stations are making up a story of the game for the fans that are listening to them. As he switches back and forth between the stations he realizes that the broadcasts are coming up with an entirely different score and in the wrap-up of the game entirely different league standings.

He is angry when he gets home but he finds both of his parents weeping. He tells them about the conflict between the broadcasts and he asks them: “What are they doing to America’s pastime ?”

Both parents look at him and ask him: “What are they doing to America?”

 

This is another entry in my series of plot studies. Here’s the previous one. And the next.

Plot Study #3

Plot Study #3

In my previous posts, I published Plot Studies #1 as a comedy, and #2 as a musical, both based on our current politics. Is plot study number #3 a tragedy or a puppet show? You decide.

The time and place: Let’s see if our current political environment could be written as a Shakespeare tragedy, say like Julius Caesar (performed somewhere other than in Central Park)? Let’s say that the government of Rome has evolved from a republic to a democracy and on to an oligarchy and that Caesar’s friends and family are running the empire.

The Cast of Characters: A group of historians and law professors and their students and lots of well-meaning myopic liberals who want the republic back (The rule of law) but are too disorganized and apolitical to be effective in advocating for their position. Just for fun let’s call them the Democratic Party.

A Group of all the richest Romans, led by Julius Caesar, who is one of them, but is controlled by this group who want to always increase their power and pay less, or perhaps next to no taxes but receive all the benefits of being Romans (The oligarchy). Just for fun let’s call them Republicans.

And a huge mob, the “peanut crunching crowd,” that thinks with its stomach and votes in the bathroom (The democracy). They are fed by Caesar and his friends a form of pablum which includes facts, false facts, and huge amounts of fantasy, all mixed together and called “news.” They are, of course, constitutionally well armed so that they can kill us and each other. Just for fun let’s call them the advocates and lovers of our present democracy. (Isn’t this great, we start with a cast of millions.)

The plot: As the play starts, Caesar is being investigated by a special prosecutor which he can’t seem to figure out how to get rid of, so Caesar has decided to protect his control by creating constant conflict among the citizens of Rome to avoid unification against him and perhaps total power for him in the future in the event that the special prosecutor recommends his impeachment. (This is exciting – I’m already feeling tragic.)

The way to do this is to pit the well-meaning myopic liberals against the peanut crunching crowd on the issue of race and immigration and to build a wall all around the empire to keep immigrants out to make sure the myopic liberals keep his base polarized and well armed for him. (It’s getting great – it’s all starting to go to hell!) The well intended myopic liberals are so blind and morally correct that they can’t realize that they are playing perfectly into Caesar’s hands. (Yes! Yes! There is a lump in my throat and I’m starting to well up with tears.)

Caesar is building up his army by feeding his followers the pablum as fast as he can so that they will be as angry as possible and loaded down with weapons if the special prosecutor recommends impeachment. (Wow, this is so good! It feels authentic – it’s almost like real life! But how is it going to end? How is it going to end?)

So back to the question: Is this a tragedy or a puppet show? I think that is determined by how it ends. If Caesar prevails with his plans, he can cut Obamacare and reduce taxes because it can be produced with only two characters. Caesar with his right hand on the constitution and his left hand making a single string puppet (which is holding the eye glasses of the liberals as it trails peanut shells) dance! But if we follow the Shakespearean example of Julius Cesar, it is a tragedy of greater proportion because in the second half of the play the Roman empire is divided among the lesser oligarchs. Let’s call it forever polarized by ignorance.

Maybe if Cesar doesn’t divide us and we took action together, all of us, we could write a happier play and call it maybe: “All’s Well that Ends Well.” It’s not too late.

 

This is another entry in my series of plot studies. Here’s the previous one. And the next.

Plot Studies #2 – The Musical

Let’s see what would happen if “we the people” (the audience), wrote our own musical and cast the playwright & librettist as the Congress and the President, and cast their investors as the titans of Wall Street? (Wow– could this be a “revolutionary” musical?)

The Time & Place: How about our politically gridlocked America? (It is starting to sound like a revolutionary musical!)

The Cast of Characters: Since we are writing it let’s make us, the audience, the heroes, and the playwright, librettist and investors our official villains since they are all dedicated to entertaining the audience by feeding us what they want to hear in order to be able to secure their jobs and protect the wealthy from taxes — employing a smokescreen of misinformation and false news in order to entertain their audience by keeping them angry. (They probably won’t be singing Hamilton hip-hop but let’s see what they come up with “for a song and dance.”)

The Plot: The playwright and librettist entertain us by creating manipulated conflict between the bottom 99% of the audience. The poor versus the poor (which pretends it’s the middle class) so no one will see the puppeteer, the super wealthy? ( I feel a song coming on): Let’s have Wall Street Open the show by singing: “Market Share.” A big bang up number! The first lines could be:

“The bigger the market, the bigger our share /
The more we steal, the less they care! /
Let’s fleece my sister, let’s fleece my brother /
As long as they’re angry at each other. /
Isn’t it sweet, isn’t it funny /
How they love us when we take all their money?”

Hey, it’s “the song and dance”! Let’s call it “The Political shuffle.” (Oh man, the songs are coming fast and furious):

Congress can swing the next song:

“Make Yourself the Perfect Job” (about how gerrymandering can get our elected representatives lifetime employment with the best benefits and retirement their audience can afford, and then the entire audience can rise in opposition and sing:

“The No Wealth No Healthcare Blues” (which can be sung by ZIP Code first by anybody who lives around an emergency room, including patients, doctors, healthcare professionals, and then by everybody in the surrounding ZIP Codes spreading out across the country who is paying (unless you own your own hospital).

Now  let’s give the politicians some hand clapping songs:

“I hate ‘tax and spend’ /
Unless I’m where all the taxes end.”

And then a solo for a tone deaf President:

“Free the rich, enslave the poor /
The land of opportunity is no more.”

And then some hand clapping songs for us:

“The false news, no news… /
The Propaganda blues.”

(We could even have the Supreme Court do hip-hop, but they would have to have a rhyme scheme of ABBA because they are too polarized to agree to rhyme together) but maybe they harmonize with the song “Ventriloquism”:

“Yo- Citizens United, long may it last! /
‘Free-speech’ is that what you call it? /
You vote now with what’s inside your wallet /
And we speaketh from where once we passed gas?”

(But wait – just occurred to me – how can we pay for this?) Well if we are the audience, we already have!

So what should we call our new musical?

“Just Keep Us Fighting Among Ourselves?” – No.

“You Think We Are Too Stupid for Democracy?” – No.

“What Happened to My Country? – No.

How about, “Let’s NOT Follow the Money”? – No.

We could close with a kick line and just drop the curtain or …Maybe we could all stand up and remember that we are all Americans who can sing together?

 

This is another entry in my series of plot studies. Here’s the previous one. And the next.