Original subtitles

Gentlemen, ladies, start your engines.

Who has read the fascinating legal news in this morning's paper?

The new trade treaty with Japan?

That is not a treaty. That is blackmail.

To save large domestic sedans from Nipponese subcompacts that seat six

comfortably and go from here to Houston on a thimble full of gas. No.

Peterson's federal courts class.

Until Peterson came along, that course was a nightmare for the third year. He's

an effective teacher.

Selecting a permanent faculty should not be the result of a popularity contest

decided by the students.

Nor should it be a popularity contest decided by the faculty.

The faculty has much longer to live with their colleagues, and the students have

to live with their teachers.

Anyway, there are real problems extending a permanent tenure.

You know, back at Merrill University, the tenure meetings...

got so damn volatile, they'd arrange those chairs against the walls so no one

would end up screaming face to face.

I trust we'll go no further than a little heavy door slamming here.

Oh, probably not.

But if you do sit next to Radway and you disagree with him, you might freeze to

death. Well, some say the world will end in fire, some say in ice.

Here come the elk.

This isn't going to be easy, Charles.

Dean Perry, are we ready to begin?

I thought you were going to oversee this meeting, Charles. Not on your life.

Can we come to order?

No, we can't. We're not all present. Here we are. Here we are. Sorry.

Sorry. Hillary.

Thank you, Abe.

Today we are going to hear introductory reports on the four candidates for the

two tenured positions.

Professor Rickman has been with us for four years.

He has taught courses in contracts, procedure, and is currently teaching

torts. And he has a seminar in bankruptcy and reorganization.

Thank you.

Wendell Peterson.

Graduated Oberlin College, Michigan Law, publications.

Well, his list is a little thin, though there is an article in the Columbia Law

Review. When?

Three years ago.

Less than impressive.

What we're looking for, what we all strive for, is a continuing output.

Hillary, I don't believe the bibliographies have been inundated with

your own contributions lately.

You are hardly the one to cast the first stone.

There's an article of mine in the upcoming Michigan Law Review that might

interest you. It covers the whole area of mandatory retirement. Please.

We are discussing the case of Professor Peterson.

Well.

He's very popular with the students.

So is Richard Pryor, but I don't think we should offer him tenure.

After all, this is a university.

Our primary object is teaching.

If Professor Peterson is the great teacher he is said to be, we should take

that into consideration.

We want people on our faculty who are distinguished scholars as well as good

teachers. It's clear that Peterson fails as a scholar.

And to be frank, I think his reputation in the classroom is more myth than fact.

Have you taken the time...

to attend one of his classes.

I hope you have conclusive evidence to support your doubts.

I'll stand on my doubts, Charles. You are evading the question, Chip.

The audacity of you putting me on the defensive.

That was not difficult.

Which indicates the weakness of your argument.

Gentlemen, gentlemen.

Ostensibly, we're all on the same side.

We all want to choose the best for this institution.

Publishing, Lloyd, publishing.

The prestige of this school is dependent upon two things.

The record of its graduates and the publication activity of its faculty.

So you see, although these questions of state versus federal court jurisdictions

may seem dry, they're worth understanding because their relationship

reveals the very nature of the republic itself.

And since every one of you might be arguing important cases in front of the

Supreme Court someday, we also have to understand certain aspects of current

federal procedure.

So, look at the cases on pages 159 through 205.

Know these for Friday, please.

And if there are any problems, I'll be in my office tomorrow afternoon.

Thank you very much.

Golden, did we get all that? I think so. Great.

Going home for lunch?

No, Alex is shopping.

I read your paper.

Got an A minus.

It was really excellent work. The minus was only because you didn't demonstrate

a full understanding of the doctrine of personal jurisdiction as developed by

the Supreme Court.

Why don't you pursue that a little bit?

Definitely. I'm reading Pannoyer versus Neff.

That's an interesting case. That really does get into the question of whether a

state has jurisdiction outside its boundaries.

Do you think in Pannoyer the court is resurrecting the concept of state

sovereignty?

What do you mean by sovereignty?

I mean, do you think they were saying that states retained the power they had

before they joined the Union?

I think they were totally sovereign.

You mean like Henry VIII was totally sovereign? Yes.

Are you sure Henry VIII was totally sovereign? According to a couple of his

wives, he was.

Talk about total sovereignty.

In one week, ten people on the faculty tenure committee are going to determine

the course of my life.

That doesn't seem fair.

I get tenure, I have a job for life.

I don't get it, I'm out on the pavement.

A lot of people here respect you as a teacher. You have a good chance.

I'm not so sure.

When they start going over publication lists, I'm gonna come up way short.

This place would be less without you.

You're a great teacher.

Thank you, but I haven't published anything in three years.

Look at Rickman.

Two articles in major journals in the past year, and he's up for tenure, too.

All right, Rickman's in.

There's still another tenured professorship to fill.

Okay?

So you never enjoyed research.

Writing comes hard for me.

Teaching has so much life. You give, you get back.

Especially with the students here.

But writing... It's laborious to me.

I'm afraid of making a step without leaving a footnote.

Last summer, I got almost all the way through an article.

As a matter of fact, it was on Erie versus Tompkins. So what happened?

I don't know. Just never was totally satisfied with it. Still needs work.

Thanks for lunch.

You're welcome.

Liability for default caused by acts of God.

Grissom Brothers versus the city of Topeka. Right.

Okay, um... Responsibility for enforcement of third-party contracts.

Oh, wait. It's, uh, Southern Discount versus Birdseye Trucking. No, Mardikian

Engineering.

Bell? Oh, my God. What are you doing here?

Don't worry, Berger. I just want a hot drink from the machine.

You feeling any better, Bell?

I feel like hell.

It's the flu. Get out of here.

Stuck cold? Will you calm down?

Sometimes a cold can turn into the flu.

It could spread like wildfire.

We're sitting ducks.

Perfect. Right before midterm.

I said get out of here, Bell.

Thanks for your sympathy, guys.

You guys are nuts.

Bell's got a little sniffle and you're all hysterical.

Look, Laura.

Kingsfield's midterms are coming up, and this guy's walking around incubating God

knows what.

Yeah, I mean, he could jeopardize us all.

Missing a few days could cost us the whole year. There's just no catching up

in some of these classes. Being mean to Bell isn't going to keep you from

catching it.

Fine, Laura.

You go be buddies with him if you want to. Just don't breathe on me, all right?

Stots, you're still 100 words long on this.

I cut it to the bone, Golden. Well, you used the dull knife stocks. This is a

piece on commodities regulation, not the weather in Iowa. Thank you.

Hi, Golden.

Hi. How was Peterson's class today?

Terrific, as usual.

I'm really looking forward to taking federal course next year. Good. Peterson

may not be here next year.

What do you mean, may not be here next year?

I mean, Associate Professor Peterson is up for tenure this year. You know Rita

from the French, to nair, to hold on, to stay.

If he doesn't get it, he's out.

But you say he's one of the best professors at the school.

Remember the Pierce Arrow, Rita?

Best car ever made in America.

Never heard of it. That's right.

Excellence does not guarantee permanence. That's unfair.

That's right, Scott.

It's more than unfair. It's ridiculous.

Here's a grown man, a highly trained professional, who after three years of

teaching has to audition to keep his job.

Let's get up a petition. We'll take it to Kingsfield. No, I think that would

pretty much ruin his chances of tenure. Don't you, Golden? Absolutely, Hart.

Why don't you go talk to Kingsfield?

He respects you.

I don't know, Hart.

Mr. Golden, what urgent law review crisis brings you here today?

Stone?

Thank you, sir.

It's not about the law review, sir.

Professor Peterson is up for tenure, and I know... Well, I wanted

to emphasize what a good... what a great teacher he is, and I wanted to... Mr.

Gordon, the purpose of judging candidates for tenure in a competitive

manner... is the same as the purpose for marking a grade on a paper.

It is to maintain standards.

Standards of excellence in the case of professors.

That means excellence in teaching and in scholarship.

Students do not grade their own papers, nor do they judge which of their

professors is entitled to tenure.

Is there any law review business you wish to discuss?

No, sir.

Then I would appreciate the opportunity to continue my work.

Yes, sir.

Thank you, Mr. Golden.

Kingsfield wouldn't talk about it.

You think it hurt?

No, but I don't think it did any good.

I wish there was something we could do for Peterson.

Hey, he needs publication.

We can't write his work for him.

You know, the other day, Peterson told me about an article he had almost

finished on Erie vs.

Tompkins. Great. Get him to finish it.

All right, I'll do it.

I'll work with him.

If we get him published, Peterson's chances for tenure increase 200%. All

right.

Well, this certainly is a gala soiree you're putting on.

Look, strawberry tarts from that new French bakery.

My lucky night.

That's pretty good.

What is it, imported?

Yes, yes.

From upstate New York.

How was your class today?

Oh, Alex, it was marvelous.

You know what I like best about the students here? What? What? Tell me.

All right, I'll tell you. The students here are interested in the law, not just

in the career of being a lawyer. The contrast with other schools is so

enormous.

They're here to learn, not only to train.

It's nice.

Wendell, don't.

Don't what?

Am I wearing my heart on my sleeve again?

I just hope we can stay here.

My students, your job at the bank. I like my job, but if we have to move,

I'll adjust.

Maybe I should have done more.

Maybe I should have had the wives over for coffee, had dinner parties.

The very thought of Mr. and Mrs. Chip Radway occupying this room fills me with

horror.

Worrying about it now won't help.

We have to move somewhere else, we'll do it.

I'm not sure it's going to be that easy.

You know, all the time I was teaching at those other places, I was dreaming about

a school like this.

I don't know if I could go back and start all over again.

Could we worry about that when we have to?

If we have to?

Sure.

Hey, come on, Peterson.

Don't be a washcloth.

Hello. Oh, Golden.

Nice to see you.

What can I do for you?

Remember you told me that you had almost finished the article taking a new look

at the Erie case?

Yes.

Finish it.

Finish it.

Yeah, finish it.

And I'll do everything I can to get the piece published in the next law review.

It'll be a fantastic boost to your chances of getting tenure.

Coming from the editor, those are powerful words.

So how long will it take you?

Well, I must say, you've provided a certain degree of motivation.

Not long, really. There's just a... Great.

Do it.

I will.

I'd like to see a doctor in the clinic tonight.

Yes, it's for a flu shot.

Well, of course I've been exposed. That's why I want the shot.

It's too late?

What do you mean it's too late?

Yeah, but midterms are coming up.

Oh, thanks a lot.

Laura.

Laura, don't go in there.

Look, it's bad enough that Belle is sick, but you're being irresponsible.

You're exposing yourself to a virus, and then you come out and mingle with us.

That's the difference between us, Berger.

I still retain some admirable qualities.

How are they admirable if they endanger the rest of us?

You're only thinking of yourself.

See, the idea of friendship, Berger, is that even though it may cost you

something, you're still in there for your friend.

I brought you your dinner. No, I can't. You gotta eat.

No, I don't.

I brought you the book you wanted from the library.

Laura, my feet are cold.

Better?

Laura, I feel so queasy.

You're also getting really whiny.

I don't feel good. I'm sorry.

Is there anything else I can do for you? Yes.

Would you read me United States versus Berman and McCleary's international law?

Please?

Please?

But was that the intention of the Constitution?

Mr. Golden?

Well, the Constitution authorized Congress to create federal courts

inferior to the Supreme Court.

And one of their areas of jurisdiction would be to enforce federal law.

Correct. But what if Congress passes some statute and then some loyal citizen

of Oklahoma decides to sue on that statute in state court?

Anything wrong with that?

That would be wrong.

That's what Nixon said to John Dean.

Has anybody here heard of the Supremacy Clause of the Constitution?

Justice Hugo Black used to keep a copy of the Constitution in his back pocket.

Good practice.

Nice catch.

Read Article 6, Section 2, please.

This Constitution and the laws of the United States shall be the supreme law

of the land, and the judges in every state shall be bound thereby.

Thank you.

So, not only are the state courts permitted to enforce federal law, they

are required to, except in specified matters such as... Copyright?

Correct. So, if Ms. Furman...

releases an album based on a recording of this class, and then concludes that

Michael Jackson's latest videotape infringes on her copyright, she's got to

go to federal court to recover.

Let's turn it around.

If the litigants are in federal court because a citizen of one state is suing

a citizen of another state, is the federal court required to apply state

law by the Constitution?

The answer's unclear.

Under Erie versus Tompkins, the answer seems that they do if Congress requires

them to.

But the court doesn't quite get to the constitutional question you've asked.

Is that right?

Has anybody read the dialogue in Spangler's federal court's text?

Couldn't Congress have avoided the whole problem of whether federal courts are

required to enforce state common law?

by not creating any federal district courts to begin with.

I refuse to discuss this any further.

Just put a cap on our conversation, Charles, and let's not lose our tempers.

Just exactly what is on your mind, Chip.

Perhaps you have a point, Charles.

I was out of line criticizing Peterson's teaching style without benefit of a

firsthand look.

I sat in on Peterson's third-year seminar, and now my opinions can be

quite substantiated.

Of course, I'm not sure his teaching methods are the function of a professor.

Was the material of the day not covered?

Was time wasted, did you think?

No, it appeared that he had control over the subject matter.

Were the students involved?

To some degree.

Chip, don't let your envy of Peterson's teaching ability influence his chances

of obtaining tenure.

I hardly envy the man.

Well, that's odd, because I think most of us do.

I've always been able to obtain my students' respect.

But I don't think I've ever won their affection.

That's because neither of us are willing to turn our classes into roadshows.

After all, I've never held being liked as a priority.

That was wise of you, Chip.

600 milligrams.

If I take two of these C's every six hours, that's a healthy dose.

Oh, I've been supplementing C with garlic tablets.

Levitz? No.

They come in deodorized tablet form, and they're great for fighting infection,

not to mention lowering blood pressure.

No, I'm down to my last B6.

Hmm. I've got the whole complex here. Help yourself.

Thanks.

Sorry, Laura, we can't take the chance.

I belong to this study group.

Let me in.

You could be a carrier.

We're doing the right thing, Vivian.

My cousin, Howie Nugent, was a promising law student at another prestigious

school. First term, 4.0.

Second term, the flu.

He was out three days, and he spent the rest of the term trying to catch up. And

he didn't make it.

Now he's a paralegal in Rhode Island.

Mr. Golden, Mr. Hart, my article is finished.

Terrific. How does it feel?

Well, it feels good to be finished.

As far as the article goes, I guess it's up to you.

I hope it's right for the review.

I'm sure it is.

Oh, yeah.

Golden tells me you've taken another look at the Erie case.

Well, it's a look at the Supreme Court's look at the case. I hope there's still

interest in the subject.

It's more timely now than ever.

Well, let me know what you think.

Thank you. I look forward to that.

Harriman. I'm almost finished, Golden.

How objective can you be?

Am I being set up?

Peterson just brought it in his article.

Can you give it a first reading and start the site check?

You're putting me in a very difficult situation.

I know it's difficult.

That's why I'd like to begin with your objectivity.

Look, I'm a second-year law student. You're asking me to pass judgment on the

work of a professor.

We do that all the time here. This is different.

My judgment would help to determine whether that piece gets published, which

in turn would be a factor in whether that professor gets tenure.

I don't want that responsibility.

Rita, I run this law review.

Consider it an assignment.

All articles get a staff reading first.

Understand?

Gerald, you personally encouraged Peterson to prepare that piece.

You've got the responsibility to see it through.

And because you do run the law review, the decision to publish is ultimately

yours anyway.

Stats. I'm sorry, Golden. I just...

I mean the ramifications.

Forget it.

Just forget it.

Okay?

What's the verdict?

It's difficult material. I'm going to have to spend some time with it.

Are you going to have to edit it extensively?

I'm going to have to spend more time with it.

Oh.

There's no place sacred?

No.

Look hard.

I'd like you to read Peterson's article.

I need it done fast.

Problems?

Well, it's good. It's not boring.

I don't know.

You mean it's not good enough to publish in the Law Review?

Look, Hart.

Honestly, I don't know.

Will you please read the article?

I'm missing the pressure of a controlling idea.

You know what I mean.

Okay, I'll read it.

Maybe you could see what I've been missing.

Just one piece, maybe. A bit of editing.

Maybe you could condense the article a bit. Okay, okay, okay, all right. I'm as

big a fan of Peterson's as you are.

Thank you, Hart.

Thank you. Okay.

I don't understand it.

Good morning, Professor Radway. How are you this morning?

Frustrated. For two weeks now, I've wanted to look at Spangler's federal

courts text, but none of the copies have been available.

It's astonishing.

How's that, sir?

All material on federal courts seems to be in enormous demand this term.

It is rare that a professor who assigns such extensive reading finds favor with

the students.

Oh, Professor Peterson doesn't assign that much reading at all.

He did mention Spangler's federal court's texts in class, and I guess most

of us just wanted to pursue the book a bit further, if you know what I mean.

Remarkable. I was always satisfied to win the struggle to motivate my students

through the required material.

Goodbye, Mr. Golden.

Oh, Professor Radway.

I'm finished with this.

Oh, you missed a word.

I think I can squeeze it in, though.

Bell, when are you gonna get better?

Man.

We got a lot of work to cover.

It's gonna be an all-nighter, just face it. I made notes on the Turner horn

book. That'll help.

Jeez, it's freezing in this place.

How do we turn up the heat?

Isn't anybody else called?

Oh, no, no.

I'm fine. I'm not gonna get sick.

Uh, you better get to bed. You may be running a fever.

I'm not gonna miss Kingsfield's exam.

Maybe it's just a 24-hour virus.

Oh, I hope so.

Uh, Levis, I don't mean to hurt your feelings, but... Oh, I understand.

I'll leave.

Oh, my God. What if this thing overtakes me?

I'll miss my midterms. I'll miss Kingsfield's test.

Everything I've worked for.

My future.

Gone.

It's not there, is it?

So the introduction is good.

Really good.

Getting right to the point of whether there is a federal common law. Right.

and your overview of the previous comments on the case is complete.

It's concise, but very fine.

But there are some problems, right?

Right. And I thought maybe we can go over a few, if you have time, and make

some changes.

Sure.

Because we'd really love to print this article in the review.

No question.

Okay. May I? Go right ahead.

A couple of us found it unclear.

Here. It sounds as if the question is Tompkins' right to sue. That's right.

Why later you emphasize, and correctly, I think, whether the laws of

Pennsylvania and New York apply.

I mean, there's nothing incorrect here.

Obviously, you're the authority, but what I'm seeing is... Just a minute.

Let me look at it, okay?

Yeah, I think you're right. I think you're right.

I brought my own notes over.

I'd be happy to leave them with you if you think they'd be of some help.

Well, of course they would.

Look, everything you're saying is right on the mark, okay?

Terrific.

Okay.

Uh, the notes?

Sure. There.

So what's this?

My writing's really sloppy.

Where? Right here.

Um... Paragraph is repetitive.

Right.

Okay, look, thanks for coming.

Sure. Good night.

Good night.

Bye.

Have you made Charles and the dean aware of your latest accomplishment?

Ours is a very small community, Chip. I'm sure they'll hear about it soon

enough. Experience tells me that modesty will not serve you well, Ed.

Not at this time.

If you intend to be the tenured professor, you must first make peace

with being the politician.

This embarrasses me.

We've all been this route at one point in our career.

It's a game to be played, but it must be played fully.

Lloyd, Charles, have you heard the good news about Professor Rickman's

fellowship? He was notified this morning.

Splendid. Splendid news.

Yes, isn't it?

Congratulations.

Good evening, Wendell. It's nice to see you.

Please, may I have your attention?

Everybody, please.

Thank you.

This term marks the 30th year in which we are privileged to call

Arthur P. Townsend a colleague.

Thank you, Ed.

For you, Arthur. Well, thank you very much.

May I propose a toast to a fine teacher, a respected

scholar, and one whose presence among us is ever challenging.

ever illuminating.

Despite attempts to blow out his lantern.

Thank you all.

Evening, Ed. How are you?

Good, Wendell. How are you?

Well, thanks.

I hear you and Barbara are moving.

Yeah, we finally found something we can afford to buy.

Older place, but nice.

Beautiful floors.

Alex and you will have to come out soon.

Sure, we'd like that.

Excuse me.

Arthur, congratulations.

You've had a wonderful career.

Ed, I can assure you I'll be continuing my work here for some time.

Oh, I'm sorry. I didn't mean to imply that. I just want you to know how much I

admire your sustained contribution to the school.

Thank you.

No politics at the party, Peterson.

Politics had nothing to do with what I said.

I hear you finished an article.

How does it look?

What does that have to do with the party?

Chip, why don't you go and get another drink?

In time, we all become immune to Radway's assaults.

I'm hoping for the timing we should do just that.

I'm aware of the pressure you must be feeling.

This is rather like sequestering the defendant along with the jury and then

telling him to enjoy himself.

After a decent interval, you can leave, but if I were you, I'd shake hands with

a few people first.

I hate the politics.

What does it have to do with deciding who gets tenure, really?

It may seem like politics to you, but the advantage of selecting a harmonious

faculty is enormous.

How are your classes? I know I always welcome the challenge of the third

years. Well...

The students are wonderful.

They seem to be savoring the pure aspects of the material.

Probably because they know they're about to become professional lawyers and

they're going to have to face all those mundane questions for the rest of their

careers. Well, I'm sure their enthusiasm is in good hands with you.

Nice speaking with you, Peter. Thank you, sir.

Thanks. How's it going?

Well...

It's going hard, but it's feeling right.

Golden was helpful.

How helpful?

Helpful.

I'm sorry you have to go through all this with me.

For better, for worse, for richer, for poorer.

Nothing in there about tenure.

I am your wife. I'm not your judge.

I know you like it here. I like it here. You're not facing this thing alone.

I know, but you can't write this damn article for me, can you?

I feel alone.

I'm sorry.

Wendell... I think you should explore some other options.

If tenure here doesn't work out...

You consider me a failure, don't you?

Wendell. Come on, Alex, look at me.

Look at me, Alex.

I've been with two firms, I've taught at two schools, and I've moved on.

And now I'm sitting here past a decent bedtime flogging this in the hopes that

some old man who may not even like me will honor me by letting me keep doing

what I love to do.

How can you think otherwise?

I think you should explore your options.

I think you should finish your paper and know that it's important, but if it

doesn't work out...

I'm

going to bed.

I'll be there for you.

Because I will be anywhere for you.

Please don't ever hurt my feelings again by suggesting anything else

Burger

we're gonna be late.

Are you decent?

Oh, boy.

Where do you think you're going?

Class. You're too sick to walk.

No, no, I gotta go to class. I'm fine.

No way, Berger.

I'm next.

Here you are.

Thank you.

Lots of changes?

Yeah, a lot.

Hope they're for the better. I'm sure they are.

Well, it looks busy. I guess I'll let you get back to it.

Good night. Good night. Thanks. Can't wait to read it.

Come on, Golden.

Take the rest of the night off.

I'm taking another run at Peterson's article.

He over-edited.

It's harder to follow them before.

No.

You're trying to write this article for Peterson.

What are the ethics here, Golden? Isn't that like taking somebody's exam for

them? I hate having Professor Peterson depend on me.

I am the student.

I should be working to impress him.

But look what's happening here.

I mean, we start out knowing that the tenure system is off because it tends to

overlook great teaching and favor publishing.

A couple of weeks later...

You're going crazy trying to get an article published as though it was the

most important thing in the world.

It's because I'm so frustrated.

Nobody knows professors like students.

And we don't have anything to say about which professors get tenure.

That's right.

We don't.

Let's go home.

You gonna make it, Levitz?

Gotta make it, Bell.

I'm not gonna miss Kingsfield's exam.

Let's move it.

How you doing, kid?

Oh, I've gotta conserve my energy till the last minute.

I'm not gonna move until I have to.

Now's the time.

Hey, Berger.

Man, are you in trouble.

I can't move.

I can't breathe.

I can't take Kingsfield's test.

You're really up the creek now, boy. You better hope he lets you take a make-up.

Probably be twice as tough as the one he's giving today.

Good luck.

You can't worry about not studying enough because it's impossible to study

enough for Kingsfield's class.

Oh, thanks for the words of encouragement.

Do you have a Kleenex, Levitz?

Oh, here, I have a handkerchief.

You use it. I mean, concepts.

That's the key to Kingsfield's test, how one concept relates to different

situations.

You guys all ready?

Uh, did Laura leave yet?

I didn't see her.

Uh-oh.

She had to hang around everybody that was sick. She took care of us. It's

inevitable.

Laura, are you still in there? Are you all right?

I'm great.

I feel like a million bucks.

You know what?

I'm gonna ace this test.

Well, if you plan on taking this test, you better get going.

Oh, God, do I feel like it.

I don't think I'm gonna make it on my own.

Well, I'm not going out there and risking a relapse.

Ask Florence Nightingale.

I don't want to be Florence Nightingale. I want to be Sandra Day O'Connor.

All right.

Give him hell!

I read the article. I've reread the article.

And I cannot justify publishing it.

That is very unfortunate news.

Does this mean that Professor Peterson will not be tenured? A published article

by Professor Peterson would have weighed quite definitely in his favor.

But not at the price of your integrity or that of the law review.

He's so effective in class.

It's frustrating that the students are the ones to lose this professor and the

students are the ones who have no say.

Yeah, I'm afraid that... Tenure is often a capricious process, Mr. Golden.

However, I doubt that a voice from the student body would give tenure any more

logic or make it any more fair.

I'm sorry. I tried my best.

Yeah, so did I.

See you in class.

Sure.

I think the choices are clear.

If we are to maintain our position as one of the top law schools in the

country, we must adhere rigidly to the traditional guidelines of tenure.

Thank you, Abe.

Any comments?

Well, perhaps we could vote, finally.

Has Peterson been able to enrich his publication list?

No, Chip. You know perfectly well the review is not printing Peterson's

article. The voting will be by secret ballot.

Just a moment, Lloyd. May I make a comment?

Of course, Johnson.

We are considering specific cases here today, but I would like to make a

general remark about the elusive quality known as great teaching.

It is not a quality that's easy to measure or compare.

Furthermore, great teaching is a talent.

Like other talents, sometimes it dominates a personality.

Finally, that talent is as irreplaceable as it is elusive.

And one of this institution, or any educational institution's highest

functions, is to nurture talent in its students and in its

faculty. I just ask you to keep that in mind today.

Thank you. Lloyd? Thank you.

Let's begin the first ballot.

Now, the state courts are like a carnival barker, telling everyone to

step right up, walk right on in, come one, come all. They want your cases.

Anybody can be heard in the state courts.

Now, is this true of the federal courts?

No. With them, it's much more accurate to think of a butler in black tie and

tails, demanding to see your credentials, checking them, and then

taking great pleasure by turning you away.

Much, much harder to be heard in the federal courts.

All right.

Next time, we're going to talk about exclusivity.

That's it.

Got a minute?

Sure.

What do you think about that article in the paper today about the Second Circuit

Division? On New York's long-arm jurisdiction statute.

Can you believe it?

It'll shock me if the Supreme Court doesn't hear it.

A lot of people have been shocked by what the Supreme Court refuses to hear.

I got the word this morning.

I didn't get tenure.

That's totally wrong.

I wish I'd done more.

Oh, come on, Golden. Don't do that to yourself.

There were a lot of factors.

Competition, personal, many things.

You know, when I was in high school, I was so excited about the idea of being a

lawyer. I didn't know much about the law, but I loved it.

And then here in law school, I...

just about sank.

The work and the pressure squeezed all those good feelings out of

me.

But then here in your class, all the love and excitement that is the law

came back to me.

I've gotten so much from your teaching.

Well, I'm going to keep teaching, Golden.

I'll tell you what hurts, though.

I won't have students like you.