A Distinguished Fellow By Kevin Finnerty

I’m a law professor. I teach law classes to law students. I write articles on various legal issues that are published in law reviews. I have a number of books on the shelves in my office that list my name as author. I hold the title of Alexander Q. Thomas Professor of Law.   

Some would say I spend my days in an ivory tower, but my office resides in a blue rotunda in an area of the school reserved for distinguished faculty. It overlooks the lake that borders campus. When students arrive in late summer, a gentle breeze soothes the heated newcomers. In winter, the wind pelts those same students with a cold fury. Every semester, it halts a number of them in their tracks, and the students’ legs churn without making progress until the gusts relent.  

Some faculty have been known to gather in a conference room on the days with the largest gales, which inevitably occur the week before final exams or the days immediately before grades are released early in the second semester, to watch who will be attacked, who will battle through, and who will be turned away. Sometimes dollars have been known to change hands as bets are placed to keep things interesting.

When you’ve been a law professor as long as I have, you have to look forward to the good times.

I was not happy last Fall. One of the reasons for that was Dean required me to teach the very undistinguished class of Civil Procedure because Less Distinguished Faculty member chose to give birth in late August and take maternity leave during the Fall semester. L.D.F.’s planning or lack thereof aside, I was annoyed that Dean, a magna cum laude graduate of an even more distinguished law school than the one over which he presides and I teach, was somehow unable to calculate the likely birthdate and resulting leave request in time to procure Adjunct to teach L.D.F.’s class. Apparently, Dean only realized the impact on the upcoming semester’s teaching load in July, when he came to my office while I was reviewing the proofs for my latest book on the federal courts and told me I would be teaching 1Ls.

“Why’s that?”

“Because you’ve taught it before and because you practiced before becoming a professor.”

Dean stood in the doorway with his arms stretched across as if he thought I might try to bolt past him. He is tall and thin and looks ten years younger than me even though he’s actually a year older. It’s probably how he ended up as Dean and why I give him a hard time. That and the fact that he wouldn’t even be among the most distinguished faculty here were he not Dean.

“I know why I could teach it but why do you need me to teach it?”

“L.D.F. is pregnant.”

“You just realized that today?”

“I guess we didn’t focus on it in time.”

“You have a science degree from an Ivy, right? Seems you might have been able to figure it out a little sooner.”    

Dean smiled the smile of one who knew he had options: he could play along and match wits to kill time or he could rely on power for a quicker and more certain victory. “Guess you should dust off and update your curriculum.”

“Am I still teaching…”

“Yep, you’ll get a reduced load in the Spring.”

So I was unhappy because I had to teach a class I didn’t want to teach, because this was the result of the failure of others to plan, and because I had to adjust the professional and personal plans I’d made. They were tentative, sure, but I’d secretly been hoping my book would be well received and I might be invited to speak at various venues throughout the semester.          

Instead, I was assigned to teach a class that met on Monday morning at 9:00 on the first day of the semester. I knew going in what I’d find─a class of 50 students only ten of whom had spent their lives dreaming of becoming lawyers while 40 others were delaying their entry into the non-academic portion of their lives, fulfilling a wish of their parents, hoping to find a partner, or secretly telling themselves spending $200,000 over the course of three years was a worthwhile investment, regardless of any economic return. 

I entered at 8:59, cognizant this was not my target audience at this point in my career. Although it hadn’t been my intention to commence the semester in this manner, when I looked about the room I found myself recalling a story my own Civ Pro professor had imparted early during my experience as a 1L decades earlier.

“Enjoy these last few weeks,” the confident, statuesque woman, who was one of the few female tenured faculty members at the time, said. “This is the last period of your life when you won’t think like a lawyer. Soon enough that will be gone, never to come back.”

After I repeated the story, I offered the 1Ls my take, based on experience, “I agree with my former professor, in part. If we do our jobs, soon you’ll never again think like a non-lawyer. But while my professor implied something had been lost, I contend we are giving you something invaluable. The ability to think like a lawyer, to use logic, to persuade and argue based on facts and the law, rather than relying on emotion and force, is the greatest ability any human can possess. I would expect when all’s said and done those of you who succeed will thank your distinguished faculty for this gift and will not consider yourselves to have lost anything of value.”

***

I don’t hold a title like Alexander Q. Thomas Professor of Law in my home.  I hardly hold a title at all. Sometimes I’m referred to as “Dad.” Less often as, “Dear.” Mostly, it’s just, “You.”

And much of the time I feel like I’m being visited by Dean in the doorways and non-doorways of my home.

“You are going to do this.”

“Why are You doing that?”

“What are You going to do about that?”

Usually a verbal response is not necessary, just performance of some act I wish there were no need to take.

I have two Children who are not completing their teen years with distinction. I have Wife whom I thought was going to be an achiever when I met and dated her but who, somewhere along the line, placed her career down ballot. Worse, she appears to judge me as if I’d made a similar choice. I suppose I could tell her I did no such thing and that at least on a percentage basis I’ve done a better job accomplishing the goals I’d set than she. 

Come to think of it, I probably have told Wife that once or twice. I seem to remember her responding by telling me I couldn’t absolve myself as a partner and parent because I’d chosen to assume those roles too, while we drove home after meeting with Son’s principal a few years ago.

“I know and I’m not absolving myself but…”

“Ah, the yes, but defense.”

You see, Wife is certainly smart enough to have achieved more in her career, or even have a career instead of just a job. She remembered one of the few things I’d learned during my two years practicing law before I transitioned to become a faculty member─first Assistant Professor, then Associate Professor, then Professor, before finally becoming Alexander Q. Thomas Professor of Law.

Partner at the firm where I’d worked came into my office late one night when this Junior Associate was typing a memorandum for our Client. He asked to see the draft and placed his feet on my desk while he read it.

“It’s not finished,” I said as Partner dropped page after page over his shoulder after seemingly only skimming each one.

“Understood.  What else have you got to say?”

“I think we have a couple more defenses we could raise.”

Partner tossed the last few pages to the floor en masse.  “Sure defense numbers six, seven and eight.  I’m sure they’ll help.  What about the overall?”

“Overall, everything is defensible.”

“That’s true.  But at the end of the day it’s all ‘yes, but.’”

He must have seen the quizzical J.A. stare numerous times before, so he continued, “Did you do A? Yes, but we had a reason? How about B? Yes, but another reason. And C, D, and E? Sure, but…’ You see, when the trier of fact, be it the court or a jury, gets to reason number three, they just roll their eyes. That’s all they can take.”

So when Wife referenced my tale decades later and somewhat analogously applied it in another context, I was both proud and disappointed: proud because I’d chosen one so capable, disappointed because she never even tried for distinction. She chose to put Kids first, and Marriage and Career suffered. And Kids didn’t turn out great anyway, so what was the point? Why didn’t she cut her losses when she still had time to succeed in other realms? As smart as Wife is, she had to realize that was what she should have done.

I don’t blame Wife for Kids. They are wholly and completely responsible for their own status. Wife and I gave them more than either of us had when we grew up in middle class (She) or lower middle class (Me) families. We gave them opportunities; we didn’t force them to fulfill any unmet expectation either of us had about life; we never denied them any reasonable request they made; we let them try private and public school and then private again.

And yet there we were: Son on his second leave from his university to spend time at a rehabilitation facility. The only positive about that was that at least I knew it wasn’t the same drug because the first time he couldn’t sleep at all and during round two that was all he wanted to do.  Before he could never sit still, he was always moving about, his eyes bulging white. Now, he could barely keep his eyes open and his head slowly descended until it crashed onto the dinner table, prompting Wife and I to look at each other, wondering whether we should lift it and if we would see blood if we did.  

Daughter had just told us (or Me, at least) she was pregnant. I did the math and knew it was going to be a photo finish whether the child or high school diploma arrived first, if either arrived at all. It’s a little hard for me to admit this but from a pure intellectual capacity perspective Daughter probably has everyone in Family beat. She did long division when she was three; read and thoroughly discussed young adult books by the age of five; and spoke authoritatively about theoretical concepts before she entered third grade. And yet she still managed to have unprotected sex with Inferior, a future criminal she didn’t even love. How smart is that?

Maybe it’s my fault. My contribution as Parent when they were younger was to instill competition. Against each other, against classmates, primarily against themselves. I thought it would teach them to excel, to achieve, to distinguish themselves. In the end, it appears they only competed to see who could fuck up worse.

“What about You?”

Daughter’s words snapped me out of one of my frequent dinner daydreams. Her hair was blue. The month prior it was green. Before that, red. None of it was natural.

I said, “What about You?”

I knew she was naturally the most naturally intelligent but doubted she could actually read my mind. 

Daughter asked what You thought she should do about Baby?

I looked at Wife for guidance but did not detect any forthcoming. She apparently wanted me to tackle this one alone. In my experience when one is unprepared it’s usually best to say little, especially when it comes to family matters, lest You say something that would only make things worse. In response to the silence, Daughter sprang to her feet and pushed the table away, which caused Son’s head to fall, then snap back to life. 

“See, You’re only concerned about Yourself. Just as it’s always been. Got something to tell You, we should all wish the worst thing going on in Family was Your having to teach two whole classes in one semester.”

“Dad’s okay,” Son said when Daughter darted towards her room. “He’s got problems too but they’re not as bad as ours and we had advantages he never did.”

Amazed he could speak at all, let alone coherently, I couldn’t tell if Son was being sarcastic or sincere. He was so gaunt, so gray, I genuinely wondered if he’d make it through the night.

“I’m going to bed.”

“All right,” Wife said, “I’ll get up early and pack your things and then wake you and take you to the center before going to work.”

“As busy as you are, you might want to take some of his old drugs if you can find any.”

“Yeah, or You could help out without being asked.”

“Or told.”

Wife opened her mouth as if she had a response ready for my last retort or at least as if she didn’t want to leave me with the last word.  I’m not sure why but she chose not to deliver it.  After half a minute, she got up and left me alone to wonder why she spared me.    

***

My work Neighbor is the second (or third, depending whether I count Myself and whether I’m feeling humble) most distinguished faculty member at the law school. He’s also my best friend, even though we view the world, or at least the legal world, almost diametrically opposed to one another. So I had to share the news.

“It really happened, I got ‘em.”

He had his back to me and was looking out the window but turned around and winced. “The dreaded 1Ls?”

“Guess I should have prepared myself for the inevitable.”

“If you’re looking for a positive, on the whole, 1Ls probably care about their classes the most.” Neighbor was right. 1Ls knew the least and so worried the most and paid the most heed to their professors. 2Ls were too busy interviewing and focused on their future careers to concerns themselves much with classwork. 3Ls didn’t care about anything, except getting through the year so they could get on with their lives. “And it still beats practicing, right?”

Neighbor and I are forever linked. We both came to the law school after practicing as attorneys for two years; we both published frequently following our arrivals; and we both achieved a measure of national recognition in the academic world. Our employer so considered us equals, mirror images, the basis for my receiving a slightly more desirable office due to its position along the curve of the rotunda was simply due to the fact that I appeared on campus a day before him. Of course, that wouldn’t have mattered had the undisputed most distinguished faculty member of our school not declined it when it was first offered to him. Top Dog claimed he wouldn’t fully take advantage of it because he traveled so often, but Neighbor and I believed he declined the honor just so he could make a point of bestowing it upon whomever might be considered the second most distinguished faculty member. 

Top Dog joined the law school directly after clerking for a justice of the U.S. Supreme Court. Both before and after receiving tenure, he’d had multiple offers to leave our distinguished law school for even more prestigious ones. While we both presumed this was done with ulterior motives, Top Dog’s choice to stay prevented Neighbor and me from ever needing to compete against one another. There was no point. No one wants to hear anyone shout, “I’m number two!”

“Did you ever tell me if there was a particular case that brought you here?” I asked.

“Six or seven times. Securities fraud, remember?”

Fact was I didn’t give a hoot about securities fraud or stories about securities fraud, but I did sort of remember Neighbor telling me that was the one and only area he’d asked his firm not to assign him a case, so more than anything, the firm’s decision to do so taught him how much he could trust his employer. He quit three months later.

“I remember. You got out without having to acknowledge substantive incompetence.”

“It was a preemptive move to avoid malpractice.”

My departure from Firm had not been as preordained as his. I’d handled a variety of cases for more than a year before taking on an antitrust case. I thought I’d be able to tackle that one as well, but when I stood at the podium before the federal judge on the first motion I realized for the first time I was merely bluffing. Words spilled out of my mouth, but I wasn’t really sure what they meant. I feared being made the fool, or worse, that opposing counsel and the judge already knew I was one. I fled to the academic world where I thought I’d be better able to control my fate.

***

I’m a small “c” conservative. I believe in a federal government of limited, enumerated powers, and a system of government that was meant to be difficult to change. I do not believe there should be wild swings after one of the political parties obtains 53% of the vote from the 50% of the population who decided to cast a ballot in a given year. 

I believe the states exist as places for experimentation─for good and bad─and I’m true to this position regardless of whomever controls Washington. A party shouldn’t invoke states’ rights when out of power and then seek to impose its will upon them once it has the ability to do so. That’s intellectually dishonest.

Because I wish to remain true to my beliefs, not party allegiance, I do not consider myself Republican or Democratic. At least I don’t do so per se or all of the time. The parties may change their positions on issues based on their perception of voters, but I don’t change mine. I’d rather be right than popular.

Neighbor’s a liberal or progressive. I forget what he calls himself these days. Either way, he’s a smart fellow. He listens to arguments presented and attacks them rather than the person who makes them. If I had to pick on him for something─other than his entire belief system─I’d say he can be a little too outcome-oriented at times. I think sometimes he determines the result he wants on a particular matter and then work backwards, using his intellect, logic, and reasoning to determine the arguments to put forth to reach that end.

Neighbor’s not the only person with legal training to do that sort of thing.  Most practicing lawyers and judges operate that way.  But I don’t think a distinguished law professor should. 

Dean required me to teach my Federal Jurisdiction class in addition to Civ Pro. Most of my students are busy 2Ls but some 3Ls will slip in. Usually students who only decided late in the day to become litigators or those who didn’t want to take the course─which they correctly heard is difficult─during the semester they were flying around the country to interview for summer associate positions.     

I teach the class in a lecture format because there’s a lot of material to cover and that’s what works best for me, but there’s always one student who has something to say. This semester it was Mousey who was always raising her hand to challenge me or at least my words in front of the class. I don’t know if her actions annoyed her classmates or not, whether they wanted her to speak to break the monotony of solely hearing my voice or if they preferred her high pitch not waken them from their slumber. 

I figured she must have taken Neighbor’s Con Law class the previous Spring because he engages with his students more than I. He likes to hear them make arguments contrary to his own and then joust with them. I have no time and little tolerance for that, and I don’t see the need to showboat. I know I’m right without the need to prove it to a bunch of 20-somethings. So I’d just let Mousey have her say before continuing. The only time I even paid attention was the first time she spoke so I could evaluate her. 

I cover the principle of sovereign immunity early in the semester because I like starting the class by showing students the types of cases that do not belong in federal court, which are courts of limited jurisdiction and not intended to be venues for all the complaints a person may have.     

“I can’t believe how wrong the Court’s been on this issue for more than 100 years. It seems ridiculous to rely on some old English maxim that the King can do no wrong when we’re not England, we’ve never had a king, and our Founders─however much they even debated the principle of sovereign immunity─chose, for whatever reason, not to include it in the text of the constitution. And whatever one thinks of the Chisholm decision, a constitutional amendment was enacted. Arguing that it was ratified so quickly wouldn’t seem to support a broad interpretation but a narrow one. Everyone agreed with the simple, straightforward text, so the Hans court had no business going off on its own and expanding the reach of the Eleventh Amendment. And a hundred years later the Court just kept pushing a theory it wanted adopted, the text of the amendment be dammed. What’s left after Alden? Congress can pass laws and say they apply to states but can’t permit people to sue them in federal court or require the states to be sued in their own courts? What’s the point? The Court shouldn’t have excluded the avenues for relief Congress provided solely on its own judicially invented concept. That’s the sort of judicial activism those justices supposedly oppose.”     

I waited for anyone else to chime in, knowing they wouldn’t, before setting the class back on track. “Thank you. You stated your position quite well. In fact, I know someone who occupies the office next to mine who would heartily agree with everything you just said. I, however, disagree for all the reasons I previously stated.”

***

As disruptive as Mousey could be, I wish my discussions at home were as reasoned as hers. Thoughtful discourse is a rarity at our dinner table. When I learned Daughter might be reconsidering her decision, I believed I had an obligation to speak, to tell her she might not want to keep Baby. 

“You have multiple options.” That was probably the wrong approach. I should have let her get there on her own instead of suggesting it because any opinions I had, had to be wrong by the very fact that they were mine. 

“I don’t want to hear them. I know I’m going to have it and am going to love it.”

“That might be true if you had it and kept it but you don’t have to.”

“You don’t know what I’m feeling. You can’t. You’ve never been a mother.”

“That’s stating the obvious.”

“I can still do other things.”

“That may be true but you’re going to be making things much, much harder on yourself than they need to be.”

Daughter got to her feet. I stared more than I should have because I wanted to know if others would know her secret already. I couldn’t tell. “You,” she said, shaking her head before she left the room. 

Walking away is never the best way to win an argument.

“But it might be the only way to do what you know is right.”

Had I said my last thought aloud or had Wife read my mind? She remained at the table following Daughter’s departure. 

“They don’t know what’s right,” I said. “They just do what they feel is right. There’s a difference.”

“Right and humans act on both.”

“Do you really think doing whatever you feel like, including unprotected sex and drugs, is the way to go?”

“No, but we’re past that now.”

“You’re the parent. You’re stopped them from doing whatever they felt like when they were Babies, when they were Children.”

“And now they’re not. You can’t parent the same way.”

“I can’t tell them they’re wrong?”

“You can tell them. You can’t make them do what You want them to do or not do. And, in any case, You have to deal with what’s happened, whether You wanted it or not.”

I thought Wife was abdicating her role at the same time she was minimizing mine. I got to my feet and carried my dishes to the dishwasher. She was still seated when I came back for round two. I met her eyes. She met mine. I tried to see if I had the same ability as she after all these years together but I couldn’t read her thoughts.

“All right, we’ll do it your way.”

I didn’t hear her sneak behind me, but there she was when I bent up after placing a second load in the rack.

“Don’t You know I wish I could be like You?” I thought for a moment she meant be successful, but it became clear that was not the case when she continued. “Don’t you know I’d like to get away permanently or temporarily as well?”

I looked at her and thought I could read her better this time.

“Okay, not permanently. But I certainly could use a break from all of you every once in a while.”

***

I’ve known Neighbor’s wife almost as long as I’ve known Neighbor, and his kids as long as they’ve been alive. We don’t live very close to one another and don’t socialize that frequently, but we get together at some faculty or social event two or three times each year. Maybe Neighbor and I have stayed above the fray all around us because we’ve shared so much with one another over the years. Still, I think I have a better understanding of his relationship with his kids than with his wife. 

We share all our kids’ achievements and problems. Lately, it’s been his kids’ achievements and my Kids’ problems. But I know his youngest son is on the autism spectrum, and Neighbor worries about him long term, even when he seems to be faring well at the moment. 

We talk about what our spouses are doing but we don’t tell each other how often we fight or have sex or the types of fights and sex we have with our wives. Maybe it’s because it doesn’t seem like the sort of thing distinguished professors of law should share. Or maybe it’s because that would reveal too much about ourselves, even if couched as revelations about our spouses. 

It seems safer to discuss our children. They just landed at our feet; we had no choice as to the type of humans we’d get. But who knows, maybe Neighbor thinks I’m a bad parent because of what I reveal about Son and Daughter. Or maybe he worries I believe he has bad sperm, given his own son’s challenges.

It used to be safe ground to discuss the law, the profession, and politics. It was like a game of chess, intellectually challenging but ultimately just sport. Not so anymore. Tribalism in society has infected our distinguished law school. Neighbor and I might be the last members of the competing tribes to actually hold pleasant conversations with one another. This works more to my benefit since numerically he has many more affiliates than I.

After the election, I probably erred in telling him I’d noticed the change around us. I certainly did by doing so while he was editing. It was a Friday, so I should have recognized he wouldn’t even have been at the office if he didn’t have serious work to do, but I popped in nonetheless. I guess I needed someone. “I’m starting to feel lonely around here.”

“Why’s that?”  He was typing on his laptop.

“There are fewer and fewer people who will talk to me.”

Neighbor looked up and stared, offering me one last chance to excuse myself. When I didn’t, he said, “Maybe you guys should go back to battling on the basis of the merits of your ideas.”

“What’s that?”

“If Republican ideas are so great, why do they spend so much of their effort trying to limit who can vote and supporting anti-democratic gerrymandering efforts? You would think they would have faith that the majority would support their positions if they were truly superior. It’s because they know that’s not the case that they seek to win elections through other methods. And you wouldn’t think there would be a need to discredit the media or prevent research concerning gun violence if they weren’t afraid of objective reporting and studies.”   

“I’m not a Republican.”

Neighbor chuckled at my response and when I stared with what I considered appropriate seriousness, he broke into loud laughter.  

“Do I really have to ask who you voted for?”

“Just because I’ve voted for them doesn’t make me one.”

“Is that how your conscience stays clean?”

“I mainly voted that way for the judges.”

“And as a result you’ve pretended facts and science don’t matter. That’s not worthy of the profession. You’ve bought it all, Bill, not just the judges.”

Neighbor and I had openly matched wits on numerous occasions in the past, but it had never seemed so personal. This one did and I felt unprepared to continue so I retreated to my office, using Neighbor’s work as an excuse for my abrupt departure. 

Some less secure person might say that was when a lightbulb went off in his head and he abruptly changed course. That’s not me and it wouldn’t be intellectually honest. Fact is, long before Neighbor uncharacteristically spoke to me the way he did, I’d been evaluating my political alignment. The Republican Party has moved further and further away from my belief system─no longer expressing genuine concern about moral leadership, fiscal responsibility, or true foreign threats around the world. 

I’ve been reluctant to switch my affiliation for a couple of reasons. First, I had hope (now fading)  that the Republican elite would re-assert their leadership of the conservative movement. At the same time, I’ve had a fear (growing) that the elite Democrats will lose control to their activist wing and soon no one will represent a true conservative position.   

I wish there were a third choice. That said, I understand that at some point one party can become so intolerable that if there is only one other viable option, you go with that, even if you find its philosophy somewhat repellant.

***

When I arrived on campus the following Monday, I found Neighbor in the hallway outside his office speaking with Mousey. They both waved, then followed me. 

“Bill, this is Megan. She was one of the stars of my class last Spring. She was telling me how much she enjoys your class.”

“She’s probably the only one.”

“That’s not true.” Megan’s tone was different than Mousey’s. In my office, it was lighter, more personable, than the one she displayed in the classroom, which I found to be more than a little strident. “You know how it is. Most of those who disagree with you are afraid if they speak up, they’ll get shot down in front of their peers, and those who agree with you don’t want to appear like they’re sucking up.”

“Those things don’t appear to bother you.”

“I love talking in all my classes.” She pointed out my window. “Out there lots of people try to shut me up, put me down. Here, for the most part, people listen, even when they disagree. Like you. And you and Professor Brennan and just about everyone else here are helping me acquire the skills I’ll need for out there.”

Neighbor looked down at Megan but only because she failed to reach his shoulders in physical stature. “I’m glad we’re helping, but I always think I get as much from my students, especially students like you, as I give to them. Would you mind if I speak to Professor Buckley now?”

After Megan excused herself, Neighbor waited until I’d taken a seat and closed my door. We’re essentially the same age, but he still has a full head of hair. It’s long, wild, and gray. I lost most of mine and cut the rest close enough that it looks shaved from a distance. That said, anyone meeting either of us for the first time probably would peg our age within a year or two. “I want to apologize.”

“No need.”

“Yeah, there is We’ve always been friends first.”

“Still are as far as I’m concerned.”

“Me too. That’s why I came to tell you something, though you’ll have to promise not to share it until the announcement’s made public.”

“Sure.” I expected him to tell me he was taking a position at another law school.

“You’re going to be recognized as the Distinguished Law Professor of the Year. I submitted your name and was given a heads-up.”

I jumped to my feet, and, at the same time, my cell phone rang. I ignored it and allowed it to go to voicemail.

“When did this happen?”

“I learned this morning. I submitted your name after reading your book.”

My office phone rang next and I ignored it as well.

“What will your buddies out there think?”

“Doesn’t matter. To me, great is great.”

I answered my cell when it rang again, figuring I’d just tell one of the members of Family that I’d call back in a bit. A voice I didn’t recognize and whose name I didn’t catch told me I needed to go to the local hospital.

“Because of Son?”

“Yes, but not just him.”

“Daughter too?”

“Yes, but not just her.”

“Who else?”

“Wife.”

“Wife?”

“Yes, she’s been in a car accident.”

Neighbor drove me to the hospital, where I made the rounds. Son had overdosed and was recovering. Daughter had miscarried and was sobbing. Wife had suffered a concussion and was disorienting.

***

As Neighbor had promised, I was soon notified that I’d receive an award for apparently being a distinguished law professor. Upon delivery, I used my momentary standing above even Top Dog to tell Dean I intended to take my sabbatical one semester earlier than had been scheduled. Neighbor told Dean he’d cover my class in the Spring if Dean couldn’t find anyone else. I subsequently told Dean he needed to hire someone.  Because I knew he wouldn’t solely on account of my request or Neighbor’s schedule, I appealed to Dean’s politics.  Like me, he leans towards conservativism. I reminded Dean Neighbor surely would teach a course called The Fourteenth Amendment differently than he or I.  

“And wouldn’t it be better if…”

I didn’t have to finish. Dean knew where I was headed and nodded in agreement. It wasn’t much of a repayment, but I thought it was the least I could do, given Neighbor’s role in getting me the award. 

I chose not to attend the faculty gathering for the gusts at the end of the Fall semester. I was no longer interested in seeing students battle against strong forces and feared such a gathering these days might devolve into a Survivor episode instead of good ol’ fashioned gambling on the abilities and perseverance of our students.

Once the semester ended, I scrapped my plan for traveling and writing during my sabbatical. I realized I’d reached a peak in my professional career and my next advancement needed to occur in other realms.

***

Davis is doing well. He and I both understand addiction much better. It’s a disease he’ll live with the rest of his life, but he now recognizes he wants a life and that to have one he needs to fight. So far he’s battling hard. I think he recognizes if he beats back his foe he will accomplish something far greater than Dad ever did or could.

I think the miscarriage was best for Caryn and that although she won’t say so (at least to Me) she might feel the same way. She’ll be a great mother someday. At the right time with the right partner. And I have no doubt either before, after, or both she will offer the world something with her phenomenal mind I cannot yet comprehend. 

Judy still suffers from post-concussion syndrome. She cries for no reason when she never did even though she had lots of reasons to do so before. She forgets things. She worries. Her doctor tell us she will improve with time, but I wish she would be more specific and wish we saw more progress.

I’m better now too. I know I made mistakes. Lots of them. It was easy to see the errors others made and were making and to tell them how they should correct them, correct themselves. Maybe I didn’t think I was immune, but I didn’t really see mine before. I didn’t want to recognize them; I didn’t want to acknowledge their breadth and scope. Maybe that’s not so unusual. But it is necessary.

Perhaps simply acknowledging all the things one has done wrong is insufficient to warrant distinction. But doing so when appropriate would seem to demonstrate a level of emotional and intellectual honesty that had previously eluded me. I hope it’s a start anyway.

Kevin Finnerty lives in Minneapolis with his wife and a pug named Shakespeare.  His stories have appeared in The Manhattanville Review, Newfound, Portage Magazine, Red Earth Review, The Westchester Review, and other journals.

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