Think outside the box. A seemingly simple concept proves both symbolic and significant within the context of Professor Nesson’s Winter Evidence course. In fact, an attempt to succinctly describe the precise message sought proves a daunting task at best. The myriad of subjective truths that any given student may uncover is exponential in number; however, when applied personally two distinct concepts arise to mind. Truly, one can "think outside the box" in both the methodology of teaching an area of the law and in terms of grasping the underlying substance of evidence. Overall, the approach and the substance combine as one strives to evolve toward the fifth level of connoisseurship, artist.

First, the course conveyed a message regarding the means and options in teaching an area of the law such as evidence, especially at an institution like Harvard Law School. Evidence, an area of law heavily laden with mandatory rules and expansive caselaw, was transformed to create of genre of creative ideas and expansive concepts surrounding the core body of law. Unlike the gatekeeper role of a judge, Professor Nesson opened the gate wide to admit a plethora of potential approaches. The introduction of technology and multimedia in the classroom transformed a traditionally lecture-based course into a medium of exchange between professor, student, and the vast world of electronic information. A real-time case study, rather than a retrospective doctrinal case study, permitted one to view evidence in action and participate actively in the shaping of its contours. Listening to the classroom guests as people, rather than mere participants, and understanding their own perceptions allowed the student to expand the spectrum of alternatives for evidence. Even a simple comedy such as "My Cousin Vinny" was used as a mechanism to extrapolate evidence beyond its Hollywood exaggeration to be understood as a life lesson in the art of storytelling and perception. The group interaction permitted collaborative thinking and option comparison. In addition, the notion that a teacher is concerned about his students and responds to feedback proved both refreshing and inspiring which created an inward desire to meet his expectations for higher realization. Beyond the rules, a matrix of potential options began to emerge for the purpose of comparison and classification. One could begin to identify her own specific position among the steps towards artist. Thus, one can appreciate the art of learning the law "outside the box."

Second, regarding the teaching goals of the substantive law, the rules were utilized merely as a baseline tool with the intent to weave an intricate pattern of how to think of evidence as applied. The broad theme of evidence as a product of interdependent steps clearly emerged. The process begins with how one tells the story. How one tells the story depends upon the character of the storyteller. Character depends upon the premise or baseline of where one started from the truth. One began to consider her own character and its potential effect upon a given story. As well, within the process of telling one’s story, the crucial role of the judge became apparent. The judge serves as the paradigmatic gatekeeper of the persuasion tools, the specific pieces of evidence. She is the ultimate arbitrator between the law and underlying parties’ perceptions. Although the truth lies in the past, the interaction of various mediums of interpretation permit one to serve as pseudo-juror in evaluating the ultimate interpretation of the truth.

Consistent with the storytelling paradigm, the internet serves as an alternative medium for individuals, both participants and outside parties, to exchange information, opinions, and perceptions. Its wide spread use, worldwide access, and low barriers to entry demonstrate the potential breadth of storytelling and the diverse audiences capable of assessing their own version of the truth. The class applied this learning via construction of the group webpages. Combining access with alternative mediums of presentation such as text, music, graphics, pictures, and film, the web’s mediums for communication create an exponential aurora of viewpoints. Voices historically silent now possess the tools to speak. Combining the storytelling theme to the internet, the alternatives to work both within the context of the rules of evidence as a baseline and the ability to use a broad brush to paint a storytelling picture begins now give a budding ‘artist’ her tools. Tools permit one to move beyond the comparative and categorization stage toward the re-approach stage, a true connoisseur. In re-approach, one rekindles their initial emotional feelings and responses experienced in stage one.

Although I can only acknowledge an early stage of connoisseurship at best, it was truly a pleasure to serve as an apprentice under a true artist. As an artist of evidence, credibility reveals itself once one demonstrates his mastery of the context with full realization of emotion altogether combined to create evidence. Truly, the ability to "think outside the box" in both terms of teaching methodology and substance represents a unique level of artistry as observed in Winter Evidence.