I was pleased to see in Adam Liptak’s Week in Review piece, The Chief Justice, Dylan and the Disappearing Double Negative (based on an article by Alex Long at the University of Tennessee), that Bruce Springsteen ranks as the third most-cited rocker in judicial opinions. However, I can’t help but think that, even coming in at number three, the Boss is being underutilized in the judicial lexicon. To help matters along, I offer the following suggestions for incorporating Springsteen lyrics into decisions going forward (and welcome to the suggestions of other Springsteen fans out there):
For suits alleging corruption in home lending practices: “Welcome to the new world order Families sleepin’ in their cars in the Southwest No home no job no peace no rest.” -The Ghost of Tom Joad, the ghost of Tom Joad
For suits challenging the issuance of permits to new coal-fired plants: “From the Monongahela valley To the Mesabi iron range To the coal mines of Appalachia The story’s always the same Seven hundred tons of metal a day Now sir you tell me the world’s changed” -The Ghost of Tom Joad, Youngstown
For the immigration judge: “They left their homes and family Their father said ‘My sons one thing you will learn For everything the north gives it exacts a price in Return.’ -The Ghost of Tom Joad, Sinaloa Cowboys
For the criminal case: “Your fingerprints on file Left clumsily at the scene” -Magic, Your Own Worst Enemy
For assessing redressability: “‘Ain’t nobody can give nobody What they really need anyway.’” -The Ghost of Tom Joad, Dry Lightning
For assessing whether a claim is ripe: “We´re livin´ in the future And none of this has happened yet” -Magic, Livin’ in the Future
For sentencing after a murder conviction: “Nothin’ taken nothin’ stolen Somebody killin’ just to kill” -The Ghost of Tom Joad, The New Timer
For police shooting cases: “Better ask questions Before you shoot” -The Rising, Lonesome Day
For the mediator: “The time has come To let the past Be history Yeah, if we could Just start talkin’ Don’t know when This chance might Come again” -The Rising, Let’s Be Friends
For the family law judge: “Love leaves nothing’ but shadows and vapor We go on, as is our sad nature” -Devils & Dust, All the Way Home
For the bankruptcy judge: “In the end what you don’t surrender Well the world just strips away” -Human Touch, Human Touch
For a bankruptcy reorganization: “Everything dies baby that’s a fact But maybe everything that dies someday comes back” -Greatest Hits, Atlantic City
For FCC cases: “Fifty-seven channels and nothin’ on Fifty-seven channels and nothin’. . . “ -Human Touch, 57 Channels (And Nothin’ On)
And
“This is radio nowhere” -Magic, Radio Nowhere
For any case applying a balancing test: “Well you may think the world’s black and white And you’re dirty or you’re clean You better watch out that you don’t slip Through them spaces in between” -Human Touch, Cross My Heart
And
“And what once seemed black and white turns to so many shades Of gray” -Greatest Hits, Blood Brothers
For the perjury trial: “Once you cross you’re heart You ain’t ever supposed to lie” -Human Touch, Cross My Heart
For assigning successor liability: “’Before you choose your wish son You better think first ‘Cause with every wish there comes a curse’” -Human Touch, With Every Wish
With this last very important post, I’ll sign off . . . with the Boss’ help of course.
“A breeze crosses the porch Bicycle spokes spin ´round Jacket´s on, I´m out the door” -Magic, Girls in Their Summer Clothes
Posted by Katrina Kuh on June 30, 2008 at 11:36 AM
Comments
The authoritative citation for Atlantic City would be Nebraska, not Greatest Hits.
Posted by: bossfan | Jul 7, 2008 9:32:05 AM
For any Bivens claim: “See that flag flying over the court house, it means certain things are set in stone. Who we are, what we’ll do, and what we won’t” Long Walk Home, Magic
Any claim relating to false advertising: “Trust none of what you hear And less of what you see” Magic, Magic
What the Court of Arbitration for Sport could have said in Oscar Pistorius’s appeal: “Baby, we were born to run.”
Posted by: Thurston Webb | Jul 3, 2008 5:38:27 PM
Outstanding post!
Posted by: Dan Markel | Jul 2, 2008 9:12:01 AM
For the ADR arbitrator:
“Remember, in the end, nobody wins unless everybody wins.” – Intro to Born to Run video (1986).
Posted by: andy | Jun 30, 2008 12:47:03 PM