Professor Nesson engaged his students in a type of existential deep-sea diving in which we collectively wrestled with the issues of what kind of society we lived in and what type of people we were. He helped us develop what Paulo Friere called "critical consciousness," giving us new ways of seeing and knowing. Many of his students understood, for the first time, that the asymmetrical distributions of wealth and power in this country were produced and legitimated, in large part, by de-humanizing ideologies/narratives/stories (e.g. racism, sexism, classism, homophobia, etc.). Starting from this premise, we painfully proceeded by critical exchange, public conversation, and collective dialogue in which we unsettled and transformed each other in some way.
Nesson's project entailed presenting law as historically and socio-politically contingent. Along these lines, he did not preach a pseudo-equality of viewpoints; instead, his sympathies clearly went to the underrepresented, the marginalized, and the oppressed. In the tradition of Italian Marxist, Antonio Gramsci, Nesson showed us that there was room for resistance in any hegemonic space. Specifically, he showed how storytelling from the margins could be a powerful tool in combating the dominant narratives of what C. Wright Mills coined the "power elites."
A poignant example that he gave was in the area of rape shield laws. These laws arose in a time where a certain kind of feminist sensibility was informing the way in which America was thinking about rape and victimization. In fact, feminist texts were providing the public with stories that illuminated the abuses of FRE 404 and 608. These stories entailed shocking narratives in which defense lawyers would thoroughly humiliate rape victims who took the stand by bringing in past evidence of sexual conduct in an attempt to strong arm the victim out of the suit and prejudice the jury against her. As the feminist movement gained momentum, these stories were given the seal of public legitimacy and a new consciousness emerged. The changes in the rules of evidence were an example of this change in social consciousness and an assertion of power by feminist thinkers and activists.
Another example of the power of storytelling from the margins was Stanley Glickman's case against the CIA. The CIA's MKUltra project arose in a context in which a narrative of blind faith in American nationalism reigned supreme. This narrative created a blanket of secrecy justified by "national security" which allowed the CIA to conduct covert actions-however illegal or immoral they might have been. However, during the 1960's students, activists, and other community leaders began to seriously question previously unquestionable discourses including US foreign policy in Vietnam and South America, white supremacy, male supremacy, unfettered capitalist growth, etc. Arising out of this context, the Church Committee Hearings of 1975 created a counter-narrative in which the CIA's hegemony was pierced and shattered. Many of the horrifying activities conducted by the CIA were divulged for the first time. MKUltra was one of the biggest culprits. Glickman died before the world heard his story. However, with the aid of his sister, Gloria Kronisch, his story will soon be told. Even if she loses in court, the process of the storytelling, in itself, will be humanizing.
Professor Nesson also gave the example of storytelling from the margins in A Civil Action. This case involved a group of working class families whose voices were suppressed during the trial. Nevertheless, their stories were not lost. Although the film was problematic in certain ways, it still managed to tell the victims' stories. Further, various websites served as a counter-narrative to the companies' and the court's dominant view. This case illustrated how new technologies are giving marginalized peoples a voice.
While our class realized that most groups (especially disempowered ones) would not have the resources to have their narratives told over a filmic space, we soon discovered that the internet was a much more accessible tool. In fact, Professor Nesson emphasized the power of the internet by having his students prepare websites in which we advocated for various positions. It was truly a hands-on learning project in which we grappled with the ways in which technology and storytelling could intersect.
In conclusion, storytelling from the margins was the most important lesson of Professor Nesson's winter evidence class. Nesson showed us that a new condition of possibilities (i.e., accessible technology) was emerging in which people of color, women, homosexuals, poor people, etc. were increasingly becoming participants/subjects in the public conversation. We ended class with the sense that getting these historically excluded voices into the public domain was essential at a time when the vicious legacies of white supremacy, male supremacy, classism, and homophobia were experiencing a powerful resurgence in modern America.