Drinks With Dead People

Raise a glass to history.

Tag: Trials

Gilbert Stuart

Have a drink with: Gilbert Stuart
The one dollar bill.”

Ask him about: Chinese knockoffs

In August of this year, news outlets reported that the White House opened the door for the United States Trade Representative (an executive agency that advises on global trade policy) to conduct an investigation of potential Chinese intellectual property abuses. Citing the possibility of significant harm to American interests in the research-intensive technology sector, the President’s memorandum requested examination of laws, policies or practices that may be unreasonable or discriminatory and that may be harming American intellectual property rights, innovation, or technology development.”

China has long been regarded as particularly flexible in the intellectual property space, with one commentator calling local law and practice a “decades-long assault on the intellectual property of the United States and its allies.”

Nor is this a recent development, only relevant to modern topics like copycats, trade secret theft and brand piracy – Gilbert Stuart, who painted the iconic dollar-bill likeness of George Washington we spend every day (making him the most-reproduced artist ever) was the subject of something a lot of modern artists would find disappointingly familiar: unauthorized foreign knockoffs of his work. In 1802 Stuart, frustrated with an opportunist dealer shipping his works off to China for reproduction, went to Pennsylvania court to claim his copyright and seek an injunction.

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Surly Puritan Judges

Have a drink with: New Haven Puritans
Judge swung his fist down, plunk plunk

Ask them about: Anything but Quakers.

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It’s election season, which means we are faced with ample opportunity to confront our worst tendencies and unresolved problems as a society, along with the inevitable call to harken back to a better, simpler, more moral time in American history.

Just so we’re clear, though, that time was not the 17th century.

Consider The Case of the Piglet’s Paternity, a fascinating collection of thirty-three cases heard before the Puritan courts of the 17th century New Haven Colony and superbly edited by Connecticut superior court judge Jon Blue. We can learn a few things from this book:

  1. Do not let a few instances of good justice wallpaper over a majority approach that marginalizes citizens and preserves a fear-based status quo.
  2. Don’t serve sailors booze by the quart.

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Delia Bacon

Have a drink with: Delia Bacon
“…very wise in the doctrine of consequences.”

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Ask her about: fair and balanced journalism

Once upon a time, two crazies went head-to-head in a public challenge. It was a deeply partisan fight marked by high emotions and questionable discretion, and in the end the loudmouthed, cowardly male nut job won in a maddeningly close vote by going after his intelligent but awkward female opponent with sexism and misdirection.

This was 1847, by the way.  Have we learned nothing?

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Fanny Hill

Have a drink with: Fanny Hill
Grin grin, wink wink, say no more?

Ask her about: Sex and the (eighteenth-century) city

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My friend Dan Klau, who writes a wonderful appellate law blog at Appealingly Brief, and who also just launched a government-accountability site at CT Good Governance – because transparency is very cool – recently posted this link about Ted Cruz’s advocacy as solicitor general in support of a Texas state law outlawing the sale or promotion of sex toys.

In 2007, Cruz and his team prepared a 76-page brief to the 5th Circuit, arguing to uphold the Texas statute and claiming in part that “‘any alleged right associated with obscene devices’ is not ‘deeply rooted in the Nation’s history and traditions.’”

I’ve got news for Ted: few things are a more consistent and popular part of the Nation’s history and traditions than alleging rights in the obscene.

Don’t believe me? Just ask the U.S. Supreme Court about Fanny Hill.

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Captain Kidd

Have a drink with: Captain William Kidd
Privateer, man of song and legend, unwitting pirate?

Ask him about: the tabloid trial of the (18th) century!

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William Kidd, a merchant captain and commissioned privateer, was tried and executed in 1701 for throwing away the king’s commission to turn pirate in the Indian Ocean. Not 25 years later, Captain Kidd was renowned in England as the man “whose publick Tryal and Execution here, rendered him the Subject of all Conversation, so that his Actions have been chanted about in Ballads.”*

To the end Kidd denied he’d been a pirate, and lamented a perfect storm of mutiny, betrayal and scapegoating.

So: birth of a pirate king, or a complete bus-chuck?

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