The Ninth Circuit Weighs In On GoT @GameofThrones

In the recently decided case Banks v. Northern Trust Corp., the Ninth Circuit made reference to Game of Thrones by writing,

Northern would like us to read Dabit without considering its clarification in Troice. But we will not render Troice meaningless the way that Game of Thrones rendered the entire Night King storyline meaningless in its final season. Troice directly supports our conclusion that a trustee’s misconduct – over which a beneficiary of an irrevocable trust has no control – cannot constitute misconduct “in connection with” the sale of covered securities where “the only party who decides to buy or sell a covered security as a result of a lie is the [trustee].” Troice, 571 U.S. at 388. To use the language in Troice, the trustee is both the buyer and the “fraudster”; because the trustee can deceive only itself with any alleged misconduct, its misconduct does not require SLUSA preclusion. 

Take that, GoT showrunners.

Kortvelyesi on Game of Norms: Law, Interpretation, and the Realms in Game of Thrones

Zsolt Kortvelyesi, Hungarian Academy of Sciences, Institute for Legal Studies, Centre for Social Sciences, has published Game of Norms: Law, Interpretation, and the Realms in Game of Thrones as MTA Law Working Paper No. 2019/3. Here is the abstract.

In this paper I will use Game of Thrones (the TV series) and its oath of the Night’s Watch to discuss some basic questions related to the nature and functioning of law. This will serve a dual goal: assessing the concept of law used in the series (making the paper part of a long-thriving academic field, law and literature, or law and film), but, more importantly, also to present theoretical questions in a friendly way – something I also tested in introduction to law classes. It is not easy to draw students into discussing questions of the right interpretation or functionalist understandings, but by driving them to a friendly (if deadly) territory, one can engage with them and show how the discussion is intimately related to fundamental dilemmas of legal theory.

Download the article from SSRN at the link.

Call For Papers: Law, Power, and Justice in Game of Thrones

Via @ThomGiddens: CfP: Law, Power, and Justice in Game of Thrones: 

HBO’s award-winning adaptation of George Martin’s A Song of Ice and Fire novels has become one of the most watched televisions shows and elevated the cult fantasy novels to social phenomenon.
Academic attention has focussed on its rich themes and deconstruction of medieval society as a font for exploring contemporary issues relating to power, gender, war, capitalism, torture and language.

Law and Global Justice at Durham and Abertay University are pleased to announce a one-day conference to explore themes of law, power and justice in Game of Thrones in the 11thJune 2019, in the Senate Suite, Durham Castle 

We welcome papers considering law, power and justice (broadly constructed) as well as related themes found within Game of Thrones or the A Song of Ice and Fire novels. We welcome reflections including, but not limited to:

Power, corruption, and rule of law in Game of Thrones, Justice and retribution in Game of Thrones, 

The role of war, war crimes, and weapons of mass destruction in Game of Thrones, 

The limited agency of women in patriarchal and feudal systems Game of Thrones, 

The regulation of dragons, monsters, and other-worldly creatures in Game of Thrones, 

The symbolism and use of magic, religion, and authority in Game of Thrones, 

Reflections on archetypes and tropes in law and in Game of Thrones. 

Papers, presentations, or outlines of proposed research from established academics and postgraduate students are welcome. 

A small number of travel bursaries of £50 per person are available to support participation. These will be allocated on the basis of need but priority will be given to PhD students. 

If you wish to be considered for a travel bursary please indicate this at the time of application and include a brief paragraph (max 250 words) about why you need the bursary. 

Please send abstracts (max 350 words) to l.mitchell@abertay.ac.uk and Catherine.turner@durham.ac.uk by 3rd May 2019.

For Those Interested in Law and Game of Thrones: A Blog For You! @ShannonKilpatri @WesterosLaw

Via Shannon Kilpatrick: news of a blog devoted to law and Game of Thrones:  Laws of Fire and Ice. The author is attorney Clint Woods.  And there's a Twitter Feed!

Trondheim (Norway), Police Apprehend Night King @GameOfThrones @ShopABA

Via ABA Publishing and Yahoo News: Norwegian law enforcement has captured the Night King. Lots of pictures, including a mug shot. More here from Newsweek, including the back story on this dangerous individual and the charges he faces. 

A New Book On Law in Games of Thrones @Mare_et_Martin

New from Mare & Martin:

Du droit dans Game of Thrones (Quentin Le Pluard and Péran Plouhinec, eds., 2019). Here is the description of the book's contents from the publisher's website.

La série Game of Thrones et la saga littéraire du Trône de Fer dont elle est tirée connaissent un retentissement mondial. Au sein de cet univers de fiction dépeignant une société médiévale brutale, cruelle, intégrant quelques éléments fantastiques tels les dragons, on ne compte plus les meurtres, viols, incestes, tortures et autres actions blâmables, à tel point que le droit et la justice ysemblent absents. C’est pourtant tout l’inverse. Il existe un droit propre au monde de Game of Thrones. Un individu ressuscité par magie, par exemple, demeure-t-il une personne au regard du droit et conserve-t-il les liens juridiques qu’il avait pu nouer avant sa mort ? Un mur de glace de plusieurs dizaines de mètres de haut constituet-il une frontière au sens juridique du terme ? De même, de quel droit est-il question à l’égard des personnages féminins présentés dans la série ? C’est à toutes ces interrogations, et à bien d’autres mêlant toutes les disciplines juridiques, que les auteurs apportent des réponses en convoquant leur connaissance de la fiction et du droit. Cet ouvrage entend démontrer que l’étude de l’un peut s’enrichir des apports de l’autre. Se voulant accessible à tous – néophytes du droit comme de Game of Thrones, ou naturellement juristes confirmés comme fans inconditionnels de la saga –, il s’agit là d’une autre preuve que, comme le veut l’adage, le droit est véritablement partout. Il l’est donc aussi dans Game of Thrones.

Weber on Legal Structures in a Game of Thrones @DavidPWeber

David P. Weber, Creighton University School of Law, is publishing Legal Structures in a Game of Thrones: The Laws of the First Men and Those That Followed in volume 70 of the South Carolina Law Review (2019). Here is the abst

For as long as we humans have recorded our existence, we have developed rules to govern our affairs. It is not surprising then that the rule of law predominates not only our own life, but also that of those worlds that only exist on paper or the screen. Generally, the more complex the society, the more complex the rules it has developed to govern it. The more you read of Game of Thrones, the more you realize you are reading about our society, our mores, our evolving rules and standards, and most especially about power and who wields it. The laws of this society of dragons, magic, and treachery at times feel shockingly different from our own, but many more similarities exist than we may prefer to acknowledge. Broad themes such as a border-length wall to keep out [the] Others, the abolishment of slavery, effective criminal procedures, and the very structure of the political system itself whether through a democracy, aristocracy, plutocracy or theocracy abound. This paper will look at significant legal topics such as political and legal structures, criminal law and procedure, and, briefly, immigration law, and will examine the applicable rules, laws and customs for each in the world of A Song of Ice and Fire. In addition, this paper will highlight stark differences and startling similarities to many of our current laws and customs demonstrating the underpinnings of what binds us together and makes us a society.

Download the article from SSRN at the link.

A Series on Law and the Arts at the University of Malaga Faculty of Law @jcalvo11

Beginning March 9, the University of Malaga School of Law is hosting a series of seminars on Art and Law. The March 9th lecture features Professors Jose Calvo Gonzalez and Maria Pina Fersini discussing law and architecture. On April 12, Professor Felipe Navarro Martinez will discuss law and literature, Professor Jose Manuel Cabra Apalategui will discuss law and music, and Professor Cristina Monereo Atienza will discuss law and photography. On May 3, Professor Jose Francisco Alenza Garcia will discuss law in Game of Thrones.

More here.

Barring [the] Fly: The Seventy Four Deaths of Shakepeare's Characters

Tim Crouch is directing a play at the Northampton Royal and Derngate Theatre that includes all 74 human deaths in Shakespeare--the play omits the death of a fly in Titus Andronicus. Reporter Alice Vincent notes that the acculumation of gore "makes Shakespeare's complete works more gory that notorious HBO TV show Game of Thrones, which has scripted 61 deaths in 50 episodes...". Of course, GOT isn't over yet.

More here from The Telegraph.

Game of Thrones and International Law

Perry S. Bechky, International Trade & Investment Law PLLC & Seattle University School of Law, has published The International Law of Game of Thrones at 67 Alabama Law Review Online (2015). Here is the abstract.

Game of Thrones depicts a violent and, some might say, lawless world. Few would think that world evidences much international law. Yet, this article identifies several rules of international law observable on the show and relates them to real-world international law. Observable rules include some fundaments of the law of treaties, customary norms, and (most surprisingly) at least one humanitarian peremptory norm. These rules cover a range of subjects, including sovereignty, state responsibility, jurisdiction, immunities, and human rights. The article also discusses the special legal status of the Night’s Watch, which is governed by the most important legal “text” in Game of Thrones. Finally, the article tries to have some fun.

Download the article from SSRN at the link.

"Game of Thrones" Good Business For Belfast

The Times of London reports that Belfast is profiting from as much as £110 million from the Game of Thrones economy. The show films in and around the area, and tourists visit the city and its surroundings to watch the fun (and well as to see historic Northern Ireland, of course, which is lovely). More here (subscription required--sorry).

Tip of the beret to Chidem Kurdas@PonziRegulation.

Winter (Semester) Is Coming: "Game of Thrones" Goes To College

The University of California, Berkeley is taking Game of Thrones seriously. Extremely seriously. 
The AP offers up a video on GoT and academia here.

Want more Game of Thrones academic action? Check out coverage of Ohio State's GoT's day here, 
a summer course on the subject at the University of Virginia here. 

Don Draper, Walter White, and Donald Trump

Thomas Batten explains the Donald Trump phenomenon in terms of antiheroes: Don Draper, Walter White, Tyrion Lannister, and Tony Soprano here (for the Guardian). He says in part:

Think about all they have in common – Tyrion’s cynicism and cunning, Don’s scorn for weakness, Tony’s rage, Walter White’s limitless ego. They’re all scoundrels who move through the world with an inordinate amount of swagger, and Americans, going back to 1773, love scoundrels with swagger. We love people who challenge authority and convention and get away with it. Thursday night, when Chris Wallace asked Trump if he thought a man who has declared bankruptcy multiple times was well suited to running the economy of an entire country, Trump’s response was to basically blow a raspberry and brag that he simply exploited the law.

Sexual Violence, and Game of Thrones

The Washington Post's Alyssa Rosenberg discusses the shocking wedding night rape of character Sansa Stark on the May 17, 2015 episode of HBO's popular show Game of Thrones, and explains why she considers it part of the show's more encompassing narrative of violence and sexual control.

More coverage of the episode and viewer reaction here from the Christian Science Monitor.

Lannisters, Starks, and Fantasy Football

Joe Berkowitz of Fast Company highlights this meshing of the worlds of Game of Thrones and the NFL. Examine Dave Rappaccio's Westeros Fantasy Football League more closely here at Kissing Suzy Kolber. More GoT fun here from FC writer Dan Solomon, who discusses how Tim Proby gave all 32 of the NFL teams Westeros themes.

If you need even for your Game of Thrones fix, check out how the Getty is linking the show with medieval art here, (no football, though).

TV For the CEO

Bloomberg Businessweek offers up this view of the popular series "Game of Thrones." Yes, it's relevant for the boardroom, according to Logan Hill. But doesn't that suck all the fun right out of it?

All In the Family

The New York Times' Dave Itzkoff discusses incest on tv in three current HBO series, Boardwalk Empire, Game of Thrones, and Bored To Death. (Hmmm, talk about keeping it in the family). And by the way, what is that language they're speaking on Game of Thrones?