Kerr, Andrew Jensen, "Meta-stories and Missing Facts" (2015). The Circuit. 74.
This essay renews the debate on the relevance of a literary sensibility to legal practice. Instrumental modalities of legal reasoning inform – and limit – what may count as legal facts. I reference the pattern of high-profile cases at the intersection of race and law enforcement to argue that the strategic description of setting in literary works can provide a model for “creating context” in legal writing.