and none from Alex Kozinski.
And yet they don't mention what the oldest reference they found was, only the second-oldest.
If you are going to drop a pop culture reference on the stand, do it right!I may have relayed this anecdote that was relayed to me by some judge on the DC Circuit, but it bears distribution -- it was a better story told as a first person anecdote but here's the gist of it:An attorney is arguing his case in front of the judge and in his remarks keep saying that this case -- and his client -- are just like Gone With the Wind and if you understand Gone With the Wind, you will understand this case. Now, the Judge was happy to give the attorney a little leeway, but the attorney persisted with about how this dispute was like Atlanta and the defendant was like Sherman's Army. AFter a bit more of this, the Judge said "counselor, I understand the analogy but I'd like to get to some of the meat of the case here.""But your honor, please, it's just like the end of the Gone with the Wind.""Counselor, I understand the analogy, but your client's position needs to be explained regarding this part of the contract.""But it's just like Scarlett O'Hara who says at the end of the movie that 'I've always relied on the kindness of strangers'""Counselor, that's enough. That was Blanche DuBois at the end of "A Streetcar Named Desire"""Well, yes, your Honor. But my point remains."