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deep, dark secret

Posted by pocochina on September 24, 2007

Actually, not so dark.  Or deep.  Justice Brennan is my Dead White Dude crush.

I mean, he’s cool.  A legal mind probably unmatched in his century.  Outspoken on civil rights and women’s rights.  Government, including the courts, can and should be a force for good in society, and it should exercise that power when constitutionallly permissible.  So, cool already.

Mostly, though, I love his dissents later in the court, when the balance had shifted to conservative nominees.   He might be with Justice Marshall, or maybe standing alone.  “The majority are totally misconstruing the concept of jurisdiction!  (Cites himself for a half a page.)  Back in my day, we understood jurisdiction!  HEY YOU KIDS!  GET OFF MY LAWN!!”*

Rest in peace, my brother.

*Loosely paraphrased, and not to be quoted as legal precedent.


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Posted by pocochina on September 11, 2007

Things that made me giggle inappropriately in the law library:  Part 1 of what I am sure will be an ongoing series.

Prosecutrix, although entertaining, is a word that I am not making up.No, really.  Although (sorry to burst anyone’s fantasies) it does not refer to Alex Cabot in a corset.

No, a prosecutrix is a woman who files suit against a man for seduction.  (Or, alternatively, “archaic, a female prosecutor.”  I see you, doubting me.  I couldn’t think this shit up if I tried.  Page 1022 of Black’s Law Dictionary, 8th ed.)

Or it was, in the early twentieth century when the first edition of the CJS was written.  And no, it’s not a bad pickup line.  I”Baby, you have the right to an attorney….in my pants.”)

Seduction was a crime, when women were auctioned off to be sold for their Never-Before-Used Girly Baby Making Bits, and sleeping with someone and then  breaking off an engagement was breach of contract.  I’m not kidding.  The index for seduction laws is like, three pages long.

See, this is upsetting, and stupid, and just….guh.  But it gives me a lot of hope.  Because patriarchy is that fucking stupid.

(No, this was not class reading.  For which I am sure we are all sorry.)

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