Storytelling, a form of narrative legal scholarship describing events
of legal significance from the perspective of ''outsider'' writers, is
fast becoming a fixture in the pages of law reviews and on the shelve
s of law libraries. The rapid rise in the popularity of narrative scho
larship has led some critics to question its value, while prompting ot
hers, most notably Professors Daniel Farber and Suzanna Sherry in last
April's Stanford Law Review, to call for objective standards to evalu
ate the merit of narrative works. Intended in part as a response to Pr
ofessors Farber and Sherry, this essay asserts that storytelling's val
ue is in expanding legal debate and driving social transformation by i
lluminating legal issues from the perspectives of nomic groups frequen
tly excluded from political and academic debate, particularly gays and
lesbians. To illustrate his thesis, Professor Eskridge draws heavily
on stories culled from the controversy surrounding the armed forces' p
olicy of excluding gays and lesbians from their ranks, arguing that st
ories recounting travails encountered by lesbians, gays, and women ser
vice members can advance political debate and ameliorate unfounded pre
judice and discrimination. The tenets of social constructionism would
accord storytelling even greater value, Professor Eskridge contends: B
y recounting episodes of social transformation produced by the defiant
resistance of oppressed individuals or groups to continued sub-ordina
tion or exclusion, storytelling can provide a catalyst for the destruc
tion of repressive policies such as the military's gaylesbian exclusio
n.