Idle musings on the first day of winter.
This discussion reminded me of some of my favorite humerous cases. Cases
that I use to releive the tedium of too many Lexis/Westlaw classes in a
row. However, in examining them in light of this discussion, I noted that
, while the cases are humorous (at least to me), the headnotes are not.
Curious.
One of my favorites demonstrates the dangers of statutory construction
(Thanks to Ed Bander, former Law Librarian at Suffolk University Law
School, for pointing me to this case). It is Regina v. Ojibway, 8 Criminal
Law Quarterly 137 (Toronto 1965), reprinted in,. Stevens v. City of
Louisville, 511 S.W.2d 228, 230-1 (1974). Defendant was convicted nder the
Cruelty to Small Birds Act for riding his horse (a feather pillow was
involved).
Another, Noble v. Bradford Marine, Inc., 789 F. Supp. 395 (S.D. Fla.,
1992), is written in a style similar to the style of speech made popular by
Wayne and Garth on Saturday Night Live and in the "Wayne's World" films.
After a boat "spewed chunks," Plaintiff's motion was allowed - NOT!
Finally, who can forget the saga of "Blackie the Talking Cat." Miles v.
City Council of Augusta, 551 F. Supp. 349 (S.D. Ga., 1982), affirmed, 710
F. 2d 1542 (11th Cir. 1983). Not only was Blackie written about by two
Federal courts, but the district court judge admitted to "hearing" Blackie
talk (see footnote number one of the disctrict court's opinion!).
While there are many other "wacky" and "humorously-written" opinions and
even more that cite to humorous or childish material (try a Lexis/Westlaw
search for "Dr. Suess"), what interested me in this examination of this
not-so-random sample, was the fact that the headnotes were seriously
written and focused exclusively (only the F. 2d headnotes even mentioned
that the "Blackie" case dealt with a talking cat - the F. Supp. headnotes
left the topic alone) on serious aspects of the law.
I wonder, therefore, whether 67 F. 3d 1021 and the case concerning the
unfortunate meeting of the Chevy and the Tree (We thought that we would
never see, A suit to compensate a tree) - are the anomalies and that the
headote writers do use a more controlled vocabulary and try to sublimate
their own senses of humor?
All I know is that these can be fun in class and can, I think, serve a
valid pedagogical purpose,.
John
John B. Nann
Computer Services/Reference Librarian
Brooklyn Law School
250 Joralemon Street
Brooklyn, NY 11201
(718)780-7975
jnann.brooklaw@pcm.brooklaw.edu
nann@delphi.com
jnannnnn@counsel.com
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