Judges hand down the law with help from Bob Dylan
by Carol J. Williams, latimes.com
May 9th 2011
On summer nights in the mid-1960s, while black-and-white television crackled
elsewhere in his Staten Island home with news of Southern violence and Vietnam,
Bobby Lasnik would stretch out in his bedroom to let the righteous soundtrack
of the civil rights movement waft into his impressionable teenage soul.
Tuned in to WBAI-FM, coming across the water from Manhattan, he heard baleful
laments about injustice that he would carry with him for a lifetime.
"Suddenly there was someone speaking a certain kind of truth to you. You'd say,
'Wow! That's something I'm not used to hearing on the radio, something that
moved me,'" Lasnik said of the first time he heard the lyrics of Bob Dylan. "I
don't even remember which song it was, but I loved the imagery, the words you
wouldn't think about putting together and the concepts that would emerge in
your mind when you heard them."
Now the imagery flows in the other direction. U.S. District Judge Robert S.
Lasnik — Your Honor, not Bobby — has been known to invoke the voice of the
vagabond poet in rulings from the federal bench in Seattle. He has recited
lines from "Chimes of Freedom" in a case weighing the legality of indefinite
detention and "The Times They Are A-Changin'," the battle cry of the civil
rights movement, in a landmark ruling that excluding contraceptives from an
employer's prescription drug plan constitutes sex discrimination.
Lasnik isn't alone in weaving Dylan's protest-era pathos into contemporary
legal discourse.
No musician's lyrics are more often cited than Dylan's in court opinions and
briefs, say legal experts who have chronicled the artist's influence on today's
legal community. From U.S. Supreme Court rulings to law school courses, Dylan's
words are used to convey messages about the law and courts gone astray.
His signature protest songs, "Blowin' in the Wind" and "The Times They Are
a-Changin'," gave voice and vocabulary to the antiwar and civil rights marches.
His most powerful ballads, "The Lonesome Death of Hattie Carroll" and
"Hurricane," have become models for legal storytelling and using music to make
a point.
Dylan's music and values have imprinted themselves on the justice system
because his songs were the score playing during the formative years of the
judges and lawyers now populating the nation's courthouses, colleges and
blue-chip law firms, says Michael Perlin, a New York Law School professor who
has used Dylan lyrics as titles for at least 50 published law journal articles.
Perlin and others lured to the law by the moral siren songs of the 1960s credit
Dylan with roles in passage of the 1964 Civil Rights Act, federal sentencing
guidelines that purport to ensure more equitable prison terms and due process
reforms prohibiting racial profiling.
"Everyone wants to believe that the music they listen to says something about
who they are," says Alex Long, a University of Texas law professor who has
researched the penetration of political songwriting into the legal system.
"Being a judge is a pretty cloistered existence, having to crank out these
opinions in isolation. Dylan was popular at the time they were coming of age
and trying to figure out who they were," says Long, a 41-year-old exposed to
Dylan's musings as a child at the foot of his parents' record player. "The
chance to throw in a line from your favorite artist is tempting, a chance to
let your freak flag fly."
During a semester in 2007, Long combed legal databases to identify lyrics in
court filings and scholarly publications, finding Dylan cited 186 times, far
outpacing the rest of the top 10: the Beatles, 74; Bruce Springsteen, 69; Paul
Simon, 59; Woody Guthrie, 43; the Rolling Stones, 39; the Grateful Dead, 32;
Simon & Garfunkel, 30; Joni Mitchell, 28; and R.E.M., 27.
And it doesn't end with musicians. In apparent efforts to add rhetorical
flourish to their rulings, judges have also often cited famous writers and
humorists. In a U.S. Court of Federal Claims ruling last year, Judge Francis M.
Allegra lamented the perplexity of the 1982 Tax Equity and Fiscal
Responsibility Act, writing that it "is the sort of law that brings to mind the
old Mark Twain line: 'The more you explain it, the more I don't understand it.'"
But to date, it is the songs of the 1960s that seem to have the judges' ears.
One oft-cited line comes from Dylan's first top 10 hit, which half a dozen
California appellate court rulings have included to convey that expert
testimony is unnecessary to make a point obvious to any layman.
You don't need a weatherman
To know which way the wind blows.
— "Subterranean Homesick Blues"
Georgetown Law School Professor Abbe Smith describes Dylan's "Hattie Carroll"
as "an almost perfect ballad, a little bit of story and a little bit of
lecture." It mocks the injustice of a six-month jail sentence given a wealthy
Maryland socialite, William Zantziger, for the 1963 beating death of black
barmaid Hattie Carroll for being too slow to bring his drink.
Original Page:
http://www.latimes.com/news/local/la-me-bob-dylan-law-20110509,0,7507838.story?track=rss&dlvrit=104530
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