Star Trek: TNG As a Teaching Tool For First Year Courses

Andrew E. Taslitz, American University College of Law, Okianer Christian Dark, Howard University School of Law, and Atiba R. Ellis, West Virginia University College of Law, have published The Star Trek Enrichment Series: An Exploration in Teaching and Learning in volume 58 of the Howard Law Journal (2015). Here is the abstract.

This short essay, a part of the Howard Law Journal’s symposium in honor of the contributions of the late Professor Andrew E. Taslitz, discusses the authors’ experiences teaching the Star Trek Enrichment Series (“the Series”) at the Howard University School of Law. The Series was a six-session, one semester, non-credit course designed to creatively use Star Trek as a teaching tool in the legal academy, with particular attention to the needs of first-year students. This essay discusses our aims for the Series. It then situates the Series (and this essay) within the literature on the use of Star Trek as a tool for post-secondary teaching. Finally it reflects on the specific contributions of our dear colleague Andrew Taslitz to the Series. We designed the Series to reinforce students’ understanding of doctrine, to improve students’ understanding of jurisprudence, and to draw larger connections between the law, culture, and society. We posit that this innovation, spurred by Professor Taslitz and combining all our talents, is an important and substantial contribution to the practice and the literature on teaching and learning.

Download the article from SSRN at the link.

A New Book From a French Scholar About Law In Star Trek

Of interest: a new book (in French) on law in Star Trek, Le droit selon Star Trek, by Professor Fabrice Defferard, of the University of Reims  and the University of Paris I, and the University of Ottawa, and published by Mare et Martin. Here's the description from the publisher's website.

Depuis près de 50 ans, Star Trek compte des millions de fans à travers le monde. Mais cet univers de science-fiction n'est pas qu'un simple délassement. Il propose un idéal social reposant sur une organisation juridique et des règles de droit très élaborées, qui servent notamment de guide pour explorer des mondes étranges et découvrir de nouvelles civilisations dans la galaxie. Au fil des séries et des films, plusieurs dizaines d'intrigues constituent autant de cas susceptibles de donner lieu à une jurisprudence dans des domaines très variés du droit. Le capitaine Kirk peut-il ainsi déroger à la Directive première, clef de voûte légale de l'exploration spatiale, sans encourir la réprobation de Spock et les foudres de ses supérieurs ? L'androïde Data, qui sert sur l'Enterprise sous les ordres du capitaine Picard, est-il une personne ou une chose ? Le lieutenant Jadzia Dax, officier scientifique de la station Deep Space 9, peut-elle être déclarée pénalement responsable pour un crime qu'aurait commis le symbiote qu'elle porte en elle ? B'Elanna Torres, ingénieur en chef sur l'U.S.S. Voyager, doit-elle répondre devant un juge de simples pensées hostiles ?
Du fin fond de l'espace, nos héros et nos héroïnes de Starfleet doivent affronter des situations aussi complexes qu'inédites, parfois dangereuses, et c'est bien souvent par l'application d'une règle de droit qu'ils trouvent une solution équitable et, si possible, sans violence.
Conçu de manière très accessible, fourmillant d'exemples, cet ouvrage s'adresse à tous les amateurs de science-fiction, mais également aux étudiants désireux de découvrir le droit de façon originale. Plus généralement, Le droit selon Star Trek veut illustrer que la science-fiction est un genre constamment préoccupé par notre temps et que la science juridique peut s'enrichir à son contact.

Professor Defferrard is also a novelist. More here. 

Tip of the beret to my friend Arnaud Coutant; more about the book at his blog here.

Law, Narrative, and the Use of Legal Fictions

Simon Stern, University of Toronto Faculty of Law, is publishing Legal and Literary Fictions in New Directions in Law and Literature (Elizabeth Anker and Bernadette Meyler, forthcoming). Here is the abstract.

Commentators on legal fictions often apply the term to doctrines that make the law’s image of the world seem distorted, bizarre, or fanciful. When doctrines such as corporate personhood and civil death are seen as fictional, this characterization depends on the starting point, but also on what flows from it. The fiction, it seems, holds the seed of a plot, and this latent narrative potential explains why legal fictions are sometimes likened to literary fictions. However, given that common-law judgments present themselves as rooted in precedent and are written in anticipation of their own use as precedents, this narrative potential is an ordinary feature of the law, not a distinctive quality of a few judgments or doctrines. Judgments, like Tribbles, are born pregnant, always capable of spawning. To single out, as fictions, a few that are wrapped in openly metaphorical language would imply that other doctrines, sparer of their means and more banal in their mode of expression, lack this quality. Thus to question the characterization of corporate personhood as a legal fiction is not to limit the scope of narratological inquiry in legal analysis, but to broaden that scope to include areas not usually considered to exhibit such self-consciously literary features as metaphor. As to legal fictions in particular, I argue that if they display a generative potential that invites analogy to literary fictions, that kinship owes more to the ways in which both fictional modes solicit a particular kind of attention, than to a shared ability to spin out narrative arrays. To develop these ideas, I consider the relation between patent misuse and copyright misuse; the question of whether steamboats are "floating inns"; the relation between legal fictions and what recent scholarship by literary critics has called "unnatural narrative"; and Duchamp's "Fountain" (1917).

Download the essay from SSRN at the link. 

"Textual Poachers" and Fair Use

Rebecca Tushnet, Georgetown University Law Center, is publishing  'I'm a Lawyer, Not an Ethnographer, Jim': Textual Poachers and Fair Use, in the Journal of Fandom Studies. Here is the abstract.

This short article, written for a festschrift for Henry Jenkins, discusses the influence of his work on media fandom in legal scholarship and advocacy around fair use.

Download the essay from SSRN at the link. 

Drink Up! Oh, and Live Long and Prosper!

Ah, the uses of trademark law! Check out Vulcan Ale, now for sale in Vulcan, Alberta, in honor of the town's centennial. If you'd rather have Romulan Ale, or a Star Wars, Monty Python, or Game of Thrones brew, check out the possibilities here.

New Star Trek Film Folks Will Unveil App To Encourage Faithful Fans

Love Star Trek (particularly the reboot of the franchise)? Love your smart phone? Now you can indulge your affection for both with a Star Trek Into the Darkness app, which will be available, according to the Hollywood Reporter, at the end of this month. Says THR's Aaron Couch,

A smartphone app for fans anticipating J.J. Abrams’ upcoming Trek sequel will launch at the end of this month and will allow users to go on Starfleet-esque missions by inputting audio-visual elements into their phones....For example, a fan could watch the Into Darkness trailer on TV, and the app's audio tool would hear it and might reward its user with points toward unlocking a new Star Trek image or wallpaper. The app's geolocation tool might reward fans for going to a movie theater, while those who snap a photo of an Into Darkness poster could earn points toward unlocking a video.

The ultimate prize? A trip to see the premiere of the film. Sounds just a little interactively high tech-ily obsessive to me, but then only about ten people even have my cell phone number. 

George Takei In a Musical About Loyalty, Rights, and Family

George Takei (Star Trek: TOS) stars in a new musical, Allegiance, at the Old Globe Theatre in San Diego. The musical  "is an epic story of family, love and patriotism set during the Japanese American internment of World War II. Sixty years after the attack on Pearl Harbor, a chance meeting forces WWII veteran Sam Kimura ... to remember his family's relocation from their California farm to the Heart Mountain internment camp. As they struggle to adjust to their new home, Young Sam ... and his sister Kei ... find themselves torn between loyalty to their family and allegiance to their country. With its moving score, ALLEGIANCE takes audiences on a journey into our nation's history through the eyes of one American family."  The work also stars Telly Leung and Lea Salonga. More about the production here.

Credit: Old Globe Theatre

Above: George Takei stars in the new musical "Allegiance" at the Old Globe Theatre.

Forty-Six Years of a Wagon Train To the Stars

Google's home page for today, September 7, 2012, features an adorable tribute to Star Trek: The Original Series (ST:TOS), which debuted on September 7, 1969. Click on the figures--sound effects!

Star Trek, and its spin-off shows have had a profound impact on popular culture. Dean Martha Minow made mention of an episode of Star Trek: The Next Generation (ST: TNG)--the famous episode Measure of a Man--in her address to the graduating class of 2011. According to this New York Times article, both President Obama and Governor Mitt Romney (and both also perhaps not incidentally HLS  grads) are ST fans. The late Rev. Martin Luther King famously urged actress Nichelle Nicholas not to leave the show after her first year because of her iconic presence as Lt. Uhura. And legal scholars have found time to write about the law-related themes on the various ST shows. Now, that's legal and societal impact.

Selected bibliography

Daniel Bernardi, Star Trek in the 1960s: Liberal-Humanism and the Production of Race, 24 Science Fiction Studies 209 (1997).

Paul Joseph and Sharon Carton, The Law of the Federation: Images of Law, Lawyers, and the Legal System in Star Trek, the Next Generation, 24 University of Toledo Law Review 43 (1992-1993).

Michael P. Scharf and Lawrence D. Roberts,  The Interstellar Relations of the Federation: International Law and Star Trek - The Next Generation, 25 University of Toledo Law Review 577 (1994).

Star Trek Visions of Law and Justice (Robert H. Chaires and Bradley Chilton, eds., University of North Texas Press, 2004).

More about the show's impact on pop culture here (from the Christian Science Monitor), a check on the ST:TOS cast here (from ABC News).

"From Hell's Dark Heart, I Stab At Thee!"

The Supreme Court of Texas has stabbed fatally at a tort reform provision intended to insulate a company from liability from its predecessor's action, and in finding that provision unconstitutional, one of the Court's Justices finds inspiration in Star Trek, among other worthy authorities (including Thomas Hobbes). Justice Willett writes in part,

Today's case is not merely about whether chapter 149 singled out Barbara Robinson and unconstitutionally snuffed out her pending action against a lone corporation. Distilled down, it is also a case about how Texans govern themselves. Delimiting the outer edge of police-power constitutionality has bedeviled Texas courts for over a century. The broader issue of a citizen's relationship with the State has confounded for centuries longer.

 From 1651: "For in a way beset with those that contend on one side for too great Liberty, and on the other side for too much Authority, 'tis hard to passe between the points of both unwounded."

From 1851: "It is much easier to perceive and realize the existence and sources of [the police power] than to mark its boundaries, or prescribe limits to its exercise."

From 1907: The question whether a law can stand as a valid exercise of the police power "may be involved in mists as to what police power means, or where its boundaries may terminate. It has been said that police power is limited to enactments having reference to the comfort, safety, or the welfare of society, and usually it applies to the exigencies involving the public health, safety, or morals."

Gauzy definitions such as these -- and laments over such imprecision -- offer scant comfort in this enterprise. The issue is elemental, but not elementary. Fortunately, we are not entirely without guidance.


Appropriately weighty principles guide our course. First, we recognize that police power draws from the credo that "the needs of the many outweigh the needs of the few." Second, while this maxim rings utilitarian and Dickensian (not to mention Vulcan),(fn. 21) it is cabined by something contrarian and Texan: distrust of intrusive government and a belief that police power is justified only by urgency, not expediency.

NB: The text of Footnote 21 is

See STAR TREK II: THE WRATH OF KHAN (Paramount Pictures 1982). The film references several works of classic literature, none more prominently than A Tale of Two Cities. Spock gives Admiral Kirk an antique copy as a birthday present, and the film itself is bookended with the book's opening and closing passages. Most memorable, of course, is Spock's famous line from his moment of sacrifice: "Don't grieve, Admiral. It is logical. The needs of the many outweigh . . ." to which Kirk replies, "the needs of the few."

Other footnotes omitted.


The case is Robinson v. Crown Cork & Seal Co., 335 S.W.3d 126 (2010), 161-163. It has already gotten attention from the SFWA Blog and Techdirt, back in October when the Court decided the case, and from Constitutional Law Prof Blog in April when the Court formally released the opinion. Says Techdirt, "And so, Spock is now a legal authority on the Texas Constitution. Very logical." Well, not exactly. But interesting.

Adrienne Davis on Star Trek and Gran Torino

Adrienne D. Davis has published Film Review: Masculinity & Interracial Intimacy in 'Star Trek' and 'Gran Torino', as Washington University School of Law Working Paper No. 10-03-07. Here is the abstract.

Race has long been a central object of political reflection. The salience of racial difference remains hotly debated, figuring in both “utopian” and “dystopian” visions of America’s political future. If race is a primary configuration of “difference” and inequality in the nation, then intimacy between the races is often construed as either a bellwether of equality and political utopia or a re-inscribing of political dominance, typically represented as sexual predation by men against women. Quite expectedly, these political fantasies and fears are often played out at the multiplex, and we can see them in stark relief in two recent films that seem to have nothing in common, Clint Eastwood’s highly acclaimed but Oscar-snubbed Gran Torino and last summer’s high-octane blockbuster, Star Trek. This film review explores how both films render conventional (white) masculinity as in crisis, threatened by alternative masculine forms. In both films this crisis of masculinity translates into a political one that threatens the values and viability of the community. In both, a carefully negotiated interracial intimacy redeems masculinity, and, in the process, the political future. While interracial intimacy is often configured as heterosexual coupling, in both films, women of color expedite interracial intimacy, but the meaningful and redemptive intimacy is homo-social, between men.

Download the paper from SSRN at the link.

Re-Examining Star Trek

In his review essay on Star Trek: The Exhibition, Edward Rothstein points out a number of anachronisms and anamolies, most stemming from the original television series and its spin-offs. He notes that mixing reality and pop culture may do neither justice. Points taken. (I saw this exhibition in San Diego). For those of us who grew up on ST: TOS and its offspring and who are fond of the Star Trek mythos, however, this show doesn't represent the reality or history of space flight. But that, as I understand it, isn't really the point of Star Trek: The Exhibition. The point is to examine the effect of the show on the generations who have watched and grown up with the show, and the effect of those viewers on Star Trek. See also the program (available on DVD) How William Shatner Changed the World, based on his book I'm Working On That: A Trek From Science Fiction To Science Fact (2004).

Can one exhibition capture all of that involvement and energy? Probably not. Many people have written books attempting to measure these effects. But this particular exhibition at least allows some of us to examine the evidence.

For more on the interaction of Star Trek and popular culture see also

Andreadis, Athena, To Seek Out New Life: The Biology of Star Trek (1998).
Barad, Judith, The Ethics of Star Trek (2001).
Barrett, Michele, and Duncan Barrett, Star Trek: The Human Frontier (2000).
Bernardi, Daniel, Star Trek and History: Race-ing Toward a White Future (1998).
Hanley, Rick, Is Data Human? The Metaphysics of Star Trek (1998).
Jenkins, Robert, and Susan Jenkins, The Biology of Star Trek (1999).
Joseph, Paul, and Sharon Carton, The Law of the Federation: Images of Law, Lawyers, and the Legal System in Star Trek: The Next Generation, 24 U. Tol. L. Rev. 43 (1992). The ancestor of all law and pop culture law review articles on Star Trek.
Kraemer, Ross, William Cassidy, and Susan L. Schwartz, Religions of Star Trek (2008).
Krauss, Lawrence, The Physics of Star Trek (rev. ed.)(2007).
Marinaccio, Dave, All I Really Needed To Know I Learned From Watching Star Trek (1995).
Paulsen, Michael Stokes, Captain James T. Kirk and the Enterprise of Constitutional Interpretation: Some Modest Proposals From the Twenty-Third Century, 59 Alb. L. Rev. 671 (1995).
Richards, Thomas, The Meaning of Star Trek (1999).
Roberts, Robin, Sexual Generations: Star Trek: The Next Generation and Gender (1999).
Scharf, Michael P. and Lawrence Robert, The Interstellar Relations of the Federation: International Law and Star Trek: The Next Generation, 25 U. Tol. L. Rev. 577 (1994).
Star Trek and Philosophy: The Wrath of Kant (Kevin S. Decker and Jason Eberl, eds. 2008).
Star Trek and Sacred Ground (Jennifer Porter, ed.; 2000).
Star Trek Visions of Law and Justice (Robert H. Chaires and Bradley Chilton eds.; 2002). Reprints previously published but interesting material, including the Paulsen, Joseph & Carton and Scharf & Robert essays, above.

Control, Alt, Delete: J. J. Abrams Reboots the Star Trek Franchise For a New Generation

Manohla Dargis reviews the new Star Trek film for the New York Times here.

When the Fans Take Over: Star Trek and Fan Fiction

From Newsweek's latest issue, a discussion of Star Trek's fan fiction, referred to as "slash fiction," here.

McGoohan, Montalban Die

Patrick McGoohan, known for a number of law-related roles: as "Number 6" in the cult series "The Prisoner," as "John Drake", the hero of the series "Danger Man" and "Secret Agent," and as various villains in several "Columbo" movies, as well as a number of well-received films, has died at the age of 80. The announcement of his death follows that of the news of the death of accomplished actor Ricardo Montalban, who most famously played the Nietzchean character Khan in an episode of Star Trek and reprised the role in the second big screen Star Trek film.

Read more about law in The Prisoner and Star Trek in some of the selected references below.
The Prisoner

Christine A. Corcos, Narratives of Imprisonment: "I Am Not a Number! I Am a Free Man!": Physical and Psychological Imprisonment in Science Fiction, 25 Legal Stud. Forum 471 (2001).

Star Trek

Christine Corcos, Isabel Corcos, and Brian Stockhoff, Double-Take: A Second Look at Cloning, Science Fiction, and Law, 59 Louisiana Law Review 1041 (1999).

Paul Joseph and Sharon Carton, The Law of the Federation: Images of Law, Lawyers, and the Legal System in “Star Trek: The Next Generation,” 24 University of Toledo Law Review 43 (1992).

Richard J. Peltz, On a Wagon Train to Afghanistan: Limitations on Star Trek’s Prime Directive, 25 University of Ar-kansas (Little Rock) Law Review 635 (2003).


Michael P. Scharf and Lawrence D. Robert, The Interstellar Relations of the Federation: International Law and “Star Trek: The Next Generation,” 25 University of Toledo Law Review 577 (1994).

Bob Mondello's Piece on Guess Who's Coming to Dinner and the Supreme Court Case: Loving v. Virginia

National Public Radio's Bob Mondello did a feature piece June 12th devoted to the film Guess Who's Coming to Dinner as well as several other movies that explore the theme of race relations, on the anniversary of the Supreme Court case that struck down Virginia's statute against interracial marriage. The case was Loving v. Virginia (388 U.S. 1; 87 S. Ct. 1817; 18 L. Ed. 2d 1010; 1967 U.S. LEXIS 1082 (1967)). Remember that Star Trek: The Original Series broke ground in the episode "Plato's Stepchildren" with television's first interracial kiss (aired November 22, 1968).

Copyright Doctrine and Fan Fiction

Anupam Chander and Madhavi Sunder, both University of California, Davis, School of Law, have published "Everyone's a Superhero: A Cultural Theory of "Mary Sue" Fan Fiction as Fair Use," in the California Law Review. Here's the abstract.

Lieutenant Mary Sue took the helm of the Starship Enterprise, saving the ship while parrying Kirk's advances. At least she did so in the unofficial short story by Trekkie Paula Smith. Mary Sue has since come to stand for the insertion of an idealized authorial representative in a popular work. Derided as an exercise in narcissism, Mary Sue is in fact a figure of subaltern critique, challenging the stereotypes of the original. The stereotypes of popular culture insinuate themselves deeply into our lives, coloring our views on occupations and roles. From Hermione Granger-led stories, to Harry Potter in Kolkata, to Star Trek same-sex romances, Mary Sues re-imagine our cultural landscape, granting agency to those denied it in the popular mythology. Lacking the global distribution channels of traditional media, Mary Sue authors now find an alternative in the World Wide Web, which brings their work to the world.

Despite copyright law's grant of rights in derivative works to the original's owners, we argue that Mary Sues that challenge the orthodoxy of the original likely constitute fair use. The Mary Sue serves as a metonym for all derivative uses that challenge the hegemony of the original. Scholars raise three principal critiques to such unlicensed use: (1) why not write your own story rather than borrowing another's? (2) even if you must borrow, why not license it? and (3) won't recoding popular icons destabilize culture? Relying on a cultural theory that prizes voice, not just exit, as a response to hegemony, we reply to these objections here.

Download the entire Article from SSRN here.
If the fan fiction phenomenon interests you, check out Henry Jenkins' blog here.
Professor Jenkins is the author of Textual Poachers, Convergence Culture, and What Made Pistachio Nuts? Read one of his recent articles in Reason Online here.

[Cross-posted to The Seamless Web]

New Addition to the Star Trek Literature

Antonin I. Pribetic, Osgoode Hall Law School, has published "'To Boldly Go Where No One Has (Arbitrated) Before': The Star Trek Mythos as an Heuristic Paradigm for Jurisdictional and Arbitration Issues", a short paper on the ST:TNG episode "The Ensigns of Command" and the arbitration issues it raises. Here is the abstract.

While the topic of international arbitration has failed to capture the interest of Hollywood producers or television audiences, the science fiction genre yields a serendipitous result. Using an excerpt from a Star Trek: The Next Generation episode, this brief comment analyzes the impact of law and popular culture on the issues of the rule of law, jurisdiction and international (more accurately, "intergalactic") comity within the context of bilateral and multilateral treaty obligations.

Download the entire paper here.

The piece adds to the developing Star Trek bibliography that includes pieces by Jeffrey Nesteruk, Franklin and Marshall College, "A New Narrative for Corporate Law," available from SSRN and the anthology Star Trek: Visions of Law and Justice (2005), which brings together several of the more famous essays, including Paul Joseph and Sharon Carton's "The Law of the Federation."