Monday, December 6, 2010
THIS IS A COMIC BOOK ABOUT FEDERALISM: Have you ever been troubled by whether evidence gathered by Professor X through mindreading is admissible? Whether the Keene Act in Watchmen would pass muster under current commerce clause jurisprudence? The patentability of all those things on Batman's utility belt? Well then, have I got a blog for you. (The only shortcoming? It's not apparently run by Matthew Murdock, who, as we all know, has substantial practical experience with these issues.)
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Wow. Yes. Is Batman a State Actor?
ReplyDeleteThis is just grade-A awesome. Probably mentioned in there somewhere, but one of my favorite bits of fourth wall breaking in Marvel was always that the law firm Jennifer Walters (She-Hulk) worked at specialized in metahuman law. So naturally, their law library was a complete collection of Marvel comic books (retconned into said comic books having the force of legal documents in the Marvel universe, since they have the stamp of the Comic Code Authority).
ReplyDeleteThe essay on Professor X is probably right on the hearsay and self-incrimination points, but there's a clear 4th amendment issue, under Kyllo v. United States. You would need mindreading warrants.
ReplyDeleteFavorite footnote: "Law school famous is like Internet famous except for lawyers and law students."
ReplyDeleteAnd those two Venn Diagrams intersect at Adam.
ReplyDeleteHave they discussed the changes in the tax code necessary to account for gains received as a result of superpowered activity? What about some tort reform in the case of supervillain liability?
ReplyDeleteI feel the need to trumpet http://overlawyered.com/2005/06/batman-begins-bruce-wayne-defendant/
ReplyDelete