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'Twas a Typical Torts Class


'Twas a typical torts class

by Glenn Otis Brown

'Twas a typical torts class,
And all through the house,
The students were stirring,
Zittrain pawed his mouse.

Two laptops were wired
On the table with care,
Though all of us wondered,
Would Nesson be there?

Zittrain had mulled over
The cases assigned.
But, somehow, it seemed,
We'd fallen behind.

"_Summers v. Tice_,"
The syllabus said.
But all of us knew
That no one had read.

In short, things were normal
And little of news.
Nick Eddy fell into
A torts-induced snooze.

Dave's laptop was humming.
Don rocked in his chair.
Yuriko was quiet.
Glenn preened at his hair.

When out in the hallway,
A shadow appeared.
It burst in the classroom,
To Zittrain it neared.

We knew of one man
Who'd so wreck a lesson:
Not Jolly Saint Nick,
But one Charlie Nesson.

His cheeks were quite rosy.
His hair was slicked back,
His turtleneck halfway tucked
Into his slacks.

He wore not a beard,
No red suit, and alack -- oh! --
The smoke from his pipe
Smelled not of tobacco.

Bags hung from his eyes
As though fresh from a nap.
And he donned Sony headphones
In lieu of a cap.

But his bag contained gifts,
And he passed them around:
Our briefs, at last, back
From that lawyer downtown.

He asked us what was it
That he was to teach?
He stretched out his hamstrings,
Then started a speech.

But not before
Setting his story to song.
(Just a _few_ seconds of
Fleetwood Mac is too long.)

"You'll see when you work
in your law firms," he said.
"Your joints, they will stiffen,
Your ass, it will spread."

He climbed on the table
And turned to the class
And, puckishly grinning,
He wiggled _his_ ass.

The music became more
Electric, frenetic.
This Eon made Nesson
Far too energetic.

He writhed and he twisted,
His legs jerked and jolted.
And fearing his life,
Zittrain turned and bolted.

"I've got you alone!"
Nesson licked through his lips.
The music pulsed faster,
And, likewise, his hips.

The nuclear curtains
Were lowered and, thus,
Nesson felt safe
With his secret and us.

But there was a witness
To Charlie's imprudence:
Fifth-columnist Fenno
Was one of his students.

Soon Zittrain returned
And asked what had happened.
Atop his desk Sean screamed,
"Oh, Captain, my Captain!"

And suddenly color came
Back to his face,
And Nesson reentered
Rhetorical space.

The vault to the next zone
Had ended like that.
I said a Hail Mary,
Breathed deeply, and sat.

"Back to the doctrine,
And strictly black letter,"
Nesson told Zittrain.
But we all knew better.

No sooner than Zittrain
Had loosed his first phrase
Had Nesson's eyes clouded --
The same purple haze.

He went to the board,
He picked up some chalk and said
"I'm Gerry Spence,"
And he drew a big cock.

The students were shaken
By this phallic reference:
We'd shown great respect --
He gave us vas deferens.

In protest, perhaps,
Mr. Babineau left.
As he passed through the door,
He said under his breath:

"Some weeks of this class
And I now understand
That Nesson embodies
Judge Holmes's Bad Man."

But finally we
Returned to our task
Of answers to give
And questions to ask.

We spoke of strange doctrines,
From Law's Latin past:
_Flagrante delictum_,
Or simply, "bare-assed."

And young Brian Daily,
That menacing tyke,
And babies in puddles,
And steering-wheel spikes.

"I'm Princess Diana,"
said Prince Charles the Professor.
But the class voted Zittrain
The snappier dresser.

Raj dreamed of Rehnquist
And Posner . . . in hell.
Phil praised Cardozo
And B, P, and L.

We heard of causation,
And fishbones in soup.
And Greg Belinfante's
Misogynist hoops.

But Glassman objected
To Greg's sexist lens.
Greg rose and said, "Ben,
You just _try_ self-defense."

Greg gripped Glassman's gullet.
We thought he would choke!
But somehow, o, somehow,
The Subaltern spoke.

He pleaded to Nesson,
"Injunctive relief!
Intentional tort!
Battery! Grief!"

But Nesson responded
To Ben's desperate gasp,
"Save doctrinal noises
for Todd Rakoff's class!"

"But tell me a story, Ben.
What do you want?
Give me some narrative
Not Hume and Kant."

But Ben's urgent cries
Fell not on deaf ears.
James Pfeffer stepped in
Armed with verbal spears:

"Desist from that
tracheal trauma this instant!
Although I'm not versed in the vagaries and intricacies of asphyxiation or
the etiology of hematoma, one need not be particularly perspicacious to
discern that a forceful manual compression of the fleshy elongation between
vertebrae C1 and C5 is dispositive evidence of a battery."

With Pfeffer's fair judgment
Greg's hands, they released.
The classroom fell silent
And all was at peace.

The holiday spirit imbued
Pfeffer's message
And spread through the class -
A glad New Year's presage.

And suddenly Nesson
Climbed out on the roof.
His sleigh was parked there
A la _Putnam v. Ploof_.

A snowstorm had forced
Him to land on the eaves.
He summoned some students
To give it a heave.

"On Bevin! On Clement!
On David!"
   "- um, Michael."
"On, faster than Zittrain's
Four-Wheeled Motorcycle!"

And he shouted to us
As he flew out of sight.
"Good luck on your tests,
And to all a good night!"

With that final mystery,
And all of his quirks,
We all were left wondering,
"How does the mind work?"


Courses 01

Torts - Fall 1997

Torts - Fall 1997