Mary R. Falk (Brooklyn) has published "The Play of Those Who Have Not Yet Heard of Games": Creativity, Compliance, and the "Good Enough" Law Teacher, 6 J. Ass'n Legal Writing Directors 201 (2009). Here is the abstract:
If there is creative thinking out there in the law offices and courts of our country, it is present not, in the main, because law school does a good job of teaching that skill. Not surprisingly, employers of new law graduates believe we could be doing a better job of turning out creative thinkers. These are problems that I have been thinking about and writing about these past 15 years — all the while teaching students in their first year to toe the intellectual line and then trying to convince them as upper-class students to think new thoughts about the law.
Recently, I’ve been led to consider these issues in a different light. That light is cast for me by the work of developmental psychoanalyst D.W. Winnicott. Although he founded no school or movement of his own, Donald Winnicott was one of the past century’s most influential psychoanalysts, both as a theorist and as a practitioner. When I first began to read Winnicott, two major and related themes in his work interested me particularly: first, his notion of “good enough” caregiving and second, his understanding of the role of play in the lives of infants and adults, the relationship of play to creativity, and the consequences of the absence of play. This essay is an attempt to see what as a lawyer, law teacher and, more particularly, as a writing teacher, I might usefully take from Winnicott the theorist, the professional, and the writer.



