Rights Talk in Science Fiction

Christine A. Corcos, Louisiana State University Law Center, has published Visits to a Small Planet: Rights Talk in Some Science Fiction Film and Television Series from the 1950s to the 1990s. It is forthcoming in the Stetson Law Review. Here is the abstract.

As early as the seventeenth century, authors, particularly satirists, used the travel essay as a means to examine and critique societies, including their own. If an artist’s government discouraged or banned political or social critique, he was necessarily forced to disguise his criticism as fiction - the more fanciful, the better. This practice has carried over to the genre of science fiction (SF).

While authors fictionalize many of the elements in SF to make their stories more exciting and bizarre, some elements have made a transition into popular culture because they resonate with the human popular imagination. As a result, many individuals believe that the elements actually exist. Among them are popular methods of alien transportation, such as the rocket (often pictured as the “rocket to Mars”), the flying saucer, and the alien being interested in making contact with a human, either for benign or (more often) nefarious purposes. The idea that an alien means to visit Earth in order to destroy the planet or to cause us harm is one that quickly becomes a theme in novels, films, and television beginning in the mid-twentieth century, fed by actual political and cultural events.

These ideas resonate with human imaginations or they are embraced by spiritual beliefs. Viewers’ familiarity with real life space travel, which increases plausibility as well as the maintenance of traditional SF memes, allow SF writers to use the genre’s conventions to continue to critique society.

SF authors continually use human beings as the yardstick by which to measure aliens. So, while such films and shows may seem to invite us, through the use of the alien lens, to critique human society, they actually invite us to re-examine human society from a different, albeit a human, perspective. As the genre critiques human society from two perspectives, SF is actually well suited to examine the issue of civil and human rights.

This Article examines the critique of human society’s development and use of such rights within a sampling of SF film and television programs from the 1950s to the 1990s. Part II analyzes the treatment of civil rights within the alien invasion and infiltration narratives of the time period. Part III discusses the transition from the foreign alien-invasion narrative to the domestic alien narrative and its effect on the treatment of civil rights. Part IV explores the civil rights issues represented in the friendly alien-visitor narrative of the 1960s television show My Favorite Martian. Part V examines the civil rights questions the late 1980s and early 1990s television series Alien Nation poses. Part VI analyzes the civil rights issues the 1990s television series 3rd Rock from the Sun raises.

Download the article from SSRN at the link.

Lincoln and Popular Culture

The American Bar Association is presenting a program on Lincoln in pop culture: The Lincoln Myth: How Pop Culture Defines America's Great Lawyer/President on February 24. Here's more. David Hundley, of Cinema Mishmash, and I are speaking. Henry White, Executive Director of the ABA is introducing the program, and Edward Adams, editor of the ABA Journal is moderating the program.

Spiritualists and Copyright

Christine A. Corcos, Louisiana State University Law Center, has published 'Ghostwriters': Spiritualists, Copyright Infringement, and Rights of Publicity, in Law and Magic: A Collection of Essays (Christine A. Corcos, ed.: Durham, NC: Carolina Academic Press, 2009). Here is the abstract.

In 1917, British-born editor and publisher Mitchell Kennerley (1878-1950) offered for sale Jap Herron, a new novel which he implied was written by the eminent Mark Twain. There was no author's name on the title page, but the frontispiece was a portrait of Mark Twain. This book included an introduction by St. Louis journalist and author Emily Grant Hutchings explaining the odd origins of the novel. Indeed, they were odd - Mark Twain, whose real name was Samuel Clemens, had been dead for six years, and the manuscript of Jap Herron was not some old piece of fiction he had left behind in a desk to be discovered after his demise. In her preface, Mrs. Hutchings claimed that Twain, to whom she referred familiarly as Mark, and whom she had met during his life, had dictated the book, as well as two short stories, to her through a Ouija Board, that is, through spirit communication via a board labeled with the alphabet, and with the assistance of a spirit medium, Mrs. Lola V. Hays.

Women Lawyers on TV

Christine A. Corcos, Louisiana State University Law Center, has published "Damages: The Truth is Out There," forthcoming in Lawyers in Your Living Room, edited by Michael Asimow (ABA Press, 2008). Here is the abstract.

In this essay, part of Michael Asimow's forthcoming collection on lawyers on TV, I discuss the television show Damages and its portrayal of powerful lawyers, and whether their exercise of their power "damages" them. In particular, I examine the show's depiction of women lawyers, and whether their exercise of legal power transforms them. Do we as clients, as lawyers, and as an audience resist the vision of powerful women lawyers? Does the exercise of legal power damage women, or does it make them stronger?

Do Magicians Need IP Law, or Does IP Law Need Magic?

Jacob Loshin has published "Secrets Revealed: How Magicians Protect Intellectual Property Without Law." This paper in revised form will appear as an essay in the book Law and Magic: A Collection of Essays, edited by Christine Corcos and published by Carolina Academic Press (2008). Here is the abstract.

Intellectual property scholars have begun to explore the curious dynamics of IP's negative spaces, areas in which IP law offers scant protection for innovators, but where innovation nevertheless seems to thrive. Such negative spaces pose a puzzle for the traditional theory of IP, which holds that IP law is necessary to create incentives for innovation.

This paper presents a study of one such negative space which has so far garnered some curiosity but little sustained attention - the world of performing magicians. This paper argues that idiosyncratic dynamics among magicians make traditional copyright, patent, and trade secret law ill-suited to protecting magicians' most valuable intellectual property. Yet, the paper further argues that the magic community has developed its own set of unique IP norms which effectively operate in law's absence. The paper details the structure of these informal norms that protect the creation, dissemination, and performance of magic tricks. The paper also discusses broader implications for IP theory, suggesting that a norm-based approach may offer a promising explanation for the puzzling persistence of some of IP's negative spaces.

Download the paper from SSRN here.

A Theory of Adjudication: Law as Magic

Jessie Allen, New York University School of Law, has published "A Theory of Adjudication: Law as Magic." This paper in revised form will appear as an essay in the forthcoming book Law and Magic: A Collection of Essays, edited by Christine Corcos and published by Carolina Academic Press (2008). Here is the abstract.

This article takes a new approach to the problem of legal rationality. In the 1920s and 1930s the Legal Realists criticized judicial decisions as “magic solving words” and “word ritual.” Though the Realist critique continues to shape American jurisprudence, the legal magic they observed has never been seriously explored. Here, drawing on anthropological studies of magic and ritual, I reconsider the irrational legal techniques the Realists exposed. My thesis is that the Realists were right that law works like magic, but wrong about how magic works. That is, they were right that adjudication makes use of a particular combination of techniques – enacting performances, heightened formality, transformative analogy, performativity, temporal play – that is also found in ritual magic. But they were wrong that those techniques necessarily preclude rational decisionmaking. Drawing on the insights of field anthropology, I theorize legal magic as an authentic mode of legal practice. After considering the different aspects of legal magic and the Realists' critique, I propose three potential roles for legal magic: as a way to imbue official legal decisions with the affective moral force of lived experience, as an institutional practice that may enhance judicial impartiality, and as a method for symbolically reversing otherwise irreparable injuries. I hope that my reanalysis of legal magic can provide a new perspective on the relationship of law and reason, illuminate undertheorized aspects of law and contribute to a more concrete and nuanced understanding of adjudication's social role.

Download the paper from SSRN here.

Ally McBealisms

Christine Corcos, LSU Law Center, has published "Power of Attorney." Here is the abstract.

No doubt exists that the drama/farce Ally McBeal, which ran on the Fox Television Network from 1997 to 2002, was a phenomenal success, at least during its middle years (1998-1999). It sparked numerous fan websites in several countries including one devoted to “fan fiction” (a genre in which devotees of a television series or film try their hands at writing scripts), various product spinoffs,a series spinoff (Ally, a thirty minute version that featured only vignettes, no legal drama) and even a Time magazine article that seriously considered whether Ally represents “the end of feminism. Years after the show went off the air, its influence continues. The popular prime time medical show “Grey's Anatomy” has spawned a spin-off which is already drawing fire for its emphasis on protagonists who are “lovelorn, sex-starved and prone to public displays of disaffection.” The reason, says writer Alessandra Stanley, is traceable directly to Ally McBeal, a show which emphasized a heroine who “marked a turning point in the devolution of women's roles in television comedy — the moment when competent-but flaky hardened into basket case.”

What made this thin, goofy, self-absorbed character so popular, at least before rumors and scandal about anorexia and drug use made the show more famous for off-screen shenanigans than on-screen accomplishment? Why was she so powerful a figure that a major U.S. news magazine devoted an important story to discussing her impact? I suggest that one of the major factors in Ally's rise was the fact that writer/producer David E. Kelley cast her as an attorney, the professional that everyone loves to hate, but also a woman who is, to be honest, fairly bad at her job, at least in the first three years, and arguably during her entire (fictional) career. As a woman attorney, Ally fits within the tradition of female lawyers who are either good at their jobs, or good at their relationships, but not both, and in Ally's case, neither. Further, Ally's impact is such that commentators both in the popular media and in legal academia continue to refer to her. She, and her series, have become “memes” — a character whose mention immediately sparks all sorts of associations. Kelley's willingness to test the boundaries of the law through storylines also ensures that the episodes of all the shows with which he is involved (not just Ally McBeal) retain their freshness.

Download the entire paper from SSRN here.

Franz Kafka & Law Bibliography

There's a good bibliography of writings about Franz Kafka and the law by Christine Corcos, although it was last updated in 1995.