The Sweet Hereafter (1997) (Guest: Seán Patrick Donlan) (episode 28)

This episode explores Atom Egoyan's 1997 film, The Sweet Hereafter, which describes the impact of a tragic school bus accident that caused the death of 14 children on a small Canadian town. The film is based on Russell Banks’ 1991 novel of the same name (which in turn was based on a real-life bus crash in Texas). The film centers on personal injury lawyer Mitchell Stephens (Ian Holm), who travels to the town after the accident in an attempt to persuade the parents of the children to bring a negligence lawsuit. The controversy generated by the lawsuit ripples through the community and is explored through several characters in the town, including Nicole (Sarah Polley), a teenage girl who is left paralyzed from the waist down by the accident; Dolores Driscoll (Gabrielle Rose), the bus driver on the fateful, day; and various parents who have sharply conflicting views on the lawsuit. The Sweet Hereafter, however, is much more than a story about tort litigation; it explores larger philosophical questions around justice, community norms, and the role of law in addressing life’s most painful tragedies. I am joined by Seán Patrick Donlan, a Professor of Law at Thompson Rivers University in British Columbia, Canada.

Timestamps:

0:00     Introduction
3:18     Recruiting plaintiffs for a class action lawsuit
9:58     Judith Shklar’s distinction between misfortune and injustice
14:20   Law and defense of community
21:45   The loss of children
28:52   The deposition that unravels the case
39:13   Assigning blame and scapegoating
47:02   More on Atom Egoyan           
49:13   The role of the Pied Piper

Further reading:

Banks, Russell, The Sweet Hereafter (1991)

Fried, Margaret J. & Frolik, Lawrence A. “The Limits of Law: Litigation, Lawyers, and the Search for Justice in Russell Banks’ ‘The Sweet Hereafter,’” 7 Cardozo Stud. Law & Lit. 1 (1995)

Menkel-Meadow, Carrie, “Can They Do That? Legal Ethics in Popular Culture: Of Characters and Acts,” 48 U.C.L.A. L. Rev. 1305 (2001)

O’Neill, Timothy P., “There Will Be Blame: Misfortune and Injustice in ‘The Sweet Hereafter,’” 5 U. Denv. Sports & Ent. L.J. 19 (2008)

Sarat, Austin, “Exploring the Hidden Domains of Civil Justice: ‘Naming, Blaming, and Claiming’ in Popular Culture,” 50 DePaul L. Rev. 425 (2000)

Scherr, Alexander & Farber, Hillary, “Popular Culture as a Lens on Legal Professionalism,” 55 S.C. L. Rev. (2003)

Shklar, Judith, The Facts of Justice (1990)

Weisberg, Richard H., “‘The Verdict’ Is In: The Civic Implications of Civil Trials,” 50 DePaul L. Rev. 525 (2000)

Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember.
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