Law & Literature
Tues. 4.10 – 6.00 p.m.
FA 3
O.W. Holmes: “The life of the law has not been logic but experience.”
O.Wilde: “Experience is the name we give to our past mistakes.”
Each week we will read several articles, along with several short novels or
excerpts from novels during the term. We will begin with a consideration of some of the
questions and criticisms that scholars have recently raised as they have sought to justify
or reorient the field. We will then look at some of the specific problems connecting law
and literature at various points since the Renaissance. After a more intensive look at
current theoretical debates, we will take up various problems at the intersection of law
and literature: legal fictions, forms of legal writing and explanation, and the regulation of
literature through copyright law. Next we will focus on two legal problems that have also
occupied literary thinkers: the problem of criminal responsibility and literature’s ability
to document human thought and motives, and the question of privacy in criminal law, tort
law, and fiction. We will end by considering possible future directions for law and
literature. The course requirements will include a final paper and two response papers for
presentation in class.
Each unit includes some required readings and a number of suggested sources for
students who are interested in doing further research in a particular area.
Some of the questions we will discuss include:
How does literature use or respond to legal structures, themes, and analytical
techniques, and vice versa?
How does literature portray legal institutions and processes?
What can literature bring to the performance of legal tasks, including legal
narrative?
To what extent can literary critical accounts of narrative structure and coherence
explain the role of narrative in law, and where do these accounts fall short?
What is achieved and what is missed by positing literature as law’s “other” (e.g.,
as the imaginative and ethical alternative to legal rules and constraints)?
Course requirements: regular class participation, 2 short response papers, and a term
paper of 20-25 pages.
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1. Some Opening Questions
James Salter, “American Express”
Articles from Yale Journal of Law & the Humanities, vol. 1. no. 1 (1988): “Note from the
Editors”; Guido Calabresi, “Introductory Letter”; Owen M. Fiss, “The Challenge
Ahead”
Further Reading (optional; for further reading and possible research topics):
More essays from YJLH 1:1: Robert Weisberg, “The Law-Literature Enterprise”;
Richard H. Weisberg, “Family Feud: A Response to Robert Weisberg on Law and
Literature”
Bibliographical Resources (for help in finding research topics):
John Wigmore, “A List of One Hundred Legal Novels,” Ill. L. Rev. 17 (1922): 26-41
Irving Browne, Law and Lawyers in Literature (Soute & Bugbee 1883)
William Andrews, The Lawyer in History, Literature, and Humour (W. Andrews 1896)
John Marshall Gest, The Lawyer in Literature (Boston Book Co. 1913)
Steve Haste, Criminal Sentences: True Crime in Fiction and Drama (London: Cygnus,
1997)
Albert Borowitz, Blood & Ink: An International Guide to Fact-Based Crime Literature
(Kent, Ohio: Kent State UP, 2002)
John L Breen, Novel Verdicts: A Guide to Courtroom Fiction (Metuchen, N.J.:
Scarecrow, 1984)
Anthologies (for your reading pleasure or fodder for research):
Roscoe Pound, ed., Law in Action: An Anthology of the Law in Literature (New York:
Crown, 1947)
Jay Wishingrad, Legal Fictions: Short Stories about Lawyers and the Law (Woodstock,
NY: Overlook, 1992)
Albert P. Blaustein, Fiction Goes to Court: Favourite Stories of Lawyer and the Law
Selected by Famous Lawyers (New York: Holt, 1954)
Maximillian Koessler, Masterpieces of Legal Fiction: 38 Classic Stories of the Law
(Rochester, NY: Lawyers Cooperative Publishing Co., 1964)
Ephraim London, The World of Law (New York: Simon & Schuster, 1960), 2 vols.
2. Opening Questions, Cont’d
Owen Barfield, aka G.A.L. Burgeon, This Ever-Diverse Pair (Gollancz, 1950)
Simon Stern, “Literary Evidence and Legal Aesthetics” forthcoming 2008
Jane B. Baron, “Law, Literature and the Problems of Interdisciplinarity,” Yale Law
Journal 108 (1999): 1059-85
Further Reading (optional; for further reading and possible research topics):
Bernadette Meyler, “The Myth of Law and Literature” Legal Ethics 8 (2005)
Gregg Crane, “The Path of Law and Literature,” American Literary History 9 (1997):
758-74
Jane B. Baron, “Interdisciplinary Scholarship as Guilty Pleasure: The Case of Law and
Literature,” in Freeman & Lewis, eds., Law and Literature (Oxford UP 1999), pp.
2
21-45
Charles A. Reich, "Towards the Humanistic Study of Law," Yale Law Journal 74
(1964): 1402-08
Rob Atkinson, "What Is It Like to be Like That: The Progress of Law and Literature's
'Other' Project"
Winfried Fluck, “Fiction and Justice,” New Literary History 34 (2003): 19-42
Rosalie Silberman Abella, “Law, Literature, and Identity,” Saskatchewan Law Review
63 (2000): 1-28
Desmond Manderson, “From Hunger to Love: Myths of the Source, Interpretation, and
Constitution of Law in Children's Literature,” Law & Literature 15 (2003): 87142
Anthony Julius, “Dickens the Lawbreaker,” Critical Quarterly 40 (1998): 43-66
Ravit Reichman, “Making a Mess of Things: The Trifles of Legal Pleasure,” Law,
Culture & the Humanities 1 (2005): 14-34
Kenneth S. Abraham, “Statutory Interpretation and Literary Theory: Some Common
Concerns of an Unlikely Pair,” Rutgers Law Journal 32 (1979): 676-94
James Ram, A Treatise on Facts as Subjects of Inquiry by a Jury (New York: Baker
Voorhis, 1870)
Charles C. Moore, A Treatise on Facts, or, The Weight and Value of Evidence
(Northport, Long Island, New York: E. Thompson, 1908), 2 vols.
3. A Short Historical Tour
R.S. White, “Law and Literature in Sixteenth-Century England,” in White, Natural Law
in Renaissance Literature (Cambridge UP 1996), pp. 72-106
David Punter, “Fictional Representation of the Law in the Eighteenth Century,”
Eighteenth-Century Studies 16 (1982): 47-74
Elizabeth Judge, “Law and the Victorian Novel,” in A Companion to the Victorian Novel
(William Baker & Kenneth Womack eds. 2002), pp. 123-35
Maxwell Bloomfield, “Law and Lawyers in American Popular Culture,” in Carl S.
Smith, John McWilliams, and Maxwell Bloomfield, Law and American
Literature (Knopf, 1983), pp. 125-48
Useful links:
Old Bailey Online (searchable database of The Proceedings of the Old Bailey, London
1674 to 1834): http://www.oldbaileyonline.org/
The Newgate Calendar: http://tarlton.law.utexas.edu/lpop/etext/completenewgate.htm
Further Reading (optional; for further reading and possible research topics):
Bradin Cormack, “Practicing Law and Literature in Early Modern Studies,” Modern
Philology 101 (2003): 79-91
Christine L. Kreuger, “Legal Uses of Victorian Fiction,” in Kreuger, ed., Functions of
Victorian Culture at the Present Time (Ohio UP, 2003), pp. 115-133
Simon Petch, “Law, Literature, and Victorian Studies,” Victorian Literature and Culture
35 (2007): 361-84
William Ian Miller, Bloodtaking and Peacemaking: Feud, Law, and Society in Saga
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Iceland (U of Chicago Press, 1990)
Anthony Musson, ed., Boundaries of the Law: Geography, Gender, and Jurisdiction in
Medieval and Early Modern Europe (Ashgate, 2005)
Emily Steiner and Candace Barrington, eds., The Letter of the Law: Legal Practice and
Literary Production in Medieval England (Cornell UP, 2002)
Kathryn Gravdal, “The Complicity of Law and Literature,” in Gravdal, Ravishing
Maidens: Writing Rape in Medieval French Law and Literature (U of Penn. Press
1991), pp. 122-40
R.J. Schoeck, “Shakespeare and the Law: An Overview,” in W.R. Elton, ed., Where Are
We Now in Shakespearean Studies? (Aldershot, 1999), pp. 219-39
Greg Clingham, Johnson, Writing, and Memory (Cambridge UP, 2002), pp. 60-88
Margot Finn, “Victorian Law, Literature, and History: Three Ships Passing in the Night”
Journal of Victorian Culture 7 (2002): 134-46
Simon Petch, “Legal,” in Herbert F. Tucker, A Companion to Victorian Literature
(Blackwell, 1999), pp. 155-69
Clare Pettit, “Legal Subjects, Legal Objects: The Law and Victorian Fiction,” in Francis
O”Gorman, A Concise Companion to the Victorian Novel (Blackwell, 2004), pp.
71-90
John R. Reed, “Laws, the Legal World, and Politics,” in Patrick Brantlinger, ed., A
Companion to the Victorian Novel (Blackwell, 2005)
Mitchell Meltzer, Secular Revelations: The Constitution of the United States and Classic
American Literature (Harvard UP, 2005)
Richard H. Weisberg, The Failure of the Word: The Protagonist as Lawyer in Modern
Fiction (Yale UP 1984)
Peter Karsten, Between Law and Custom: “High” and “Low” Legal Cultures in the
Lands of the British Diaspora—the United States, Canada, Australia, and New
Zealand, 1600-1900 (Cambridge UP, 2002)
Donald William Fyson, Magistrates, Police and People: Everyday Criminal Justice in
Quebec and Lower Canada, 1764-1837 (Osgood Society, 2006)
Jonathan Swainger & Constance Backhouse, eds., People and Place: Historical
Influences on Legal Culture (UBC Press, 2003)
4. A Short Theoretical Tour
Short excerpts from: James Boyd White, Acts of Hope: Creating Authority in Literature,
Law, and Politics (U of Chicago Press, 1994); Richard H. Weisberg, Poethics and
Other Strategies of Law and Literature (Columbia, 1991)
Stanley Fish, “The Law Wishes to Have a Formal Existence,” in Fish, There’s No Such
Thing as Free Speech and It’s a Good Thing Too (Oxford UP, 1994), pp. 141-79
Julie Stone Peters, “Law, Literature, and the Vanishing Real: On the Future of an
Interdisciplinary Illusion” PMLA 120 (2005): 442-53
Further Reading (optional; for further reading and possible research topics):
Jerome Bruner, “The Legal and the Literary,” Yale Review 90 (2002): 42-61
Lorna Hutson, “Forensic Aspects of Renaissance Mimesis,” Representations 94 (2006):
80-109
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Kenji Yoshino, “The City and the Poet,” Yale Law Journal 114 (2005): 1835-96
Jan-Melissa Schramm, “Is Literature More Ethical Than Law?: Fitzjames Stephen and
the Literary Responses to the Advent of Full Legal Representation for Felons,” in
Freeman & Lewis, eds., Law and Literature, pp. 417-35
Thomas C. Grey, The Wallace Stevens Case: Law and the Practice of Poetry (Harvard
UP, 1991)
David Skeel, “Point-Blank Verse,” Legal Affairs (Sept/Oct 2005), pp. 56-60
Alan Hyde, Bodies of Law (Princeton UP, 1997)
Joseph Vining, Legal Identity: The Coming of Age of Public Law (Yale UP, 1978)
Guyora Binder & Robert Weisberg, Literary Criticisms of Law (Princeton UP, 2000)
5. Legal Fictions
H.S. Maine, Ancient Law (1861): “I . . . employ the expression “Legal
Fiction” to signify any assumption which conceals, or affects to conceal,
the fact that a rule of law has undergone alteration, its letter remaining
unchanged, its operation being modified.”
Lon L. Fuller, Legal Fictions (1967), excerpts
Aviam Soifer, “Reviewing Legal Fictions,” Georgia Law Review 20 (1986): 871-915
Alf Ross, “Legal Fictions,” in Law, Reason, and Justice (NYUP, 1969), pp. 217-33
Further Reading (optional; for further reading and possible research topics):
C.K. Ogden, Bentham’s Theory of Fictions (Kegan Paul, 1932)
Bradin Cormack, A Power To Do Justice: Jurisdiction and Sovereignty in English
Literature 1509-1625 (forthcoming 2008)
Kathy Eden, Poetic and Legal Fictions in the Aristotelian Tradition (Princeton UP, 1986)
David Fagundes, “Note, What We Talk about When We Talk about Persons: The
Language of a Legal Fiction,” Harvard Law Review 114 (2001): 1745-68
Ed Morgan, “The Crying of Rule 49,” University of Toronto Law Journal 54 (2004): 4574
Ian Maclean, “Legal Fictions and Fictional Entities in Renaissance Jurisprudence,” Legal
History 20:3 (1999): 1-24
J.H. Baker, “Lecture Two: Legal Fictions,” The Law’s Two Bodies: Some Evidential
Problems in English Legal History (Oxford UP 2001), pp. 33-57
Nomi Stolzenberg, “Bentham’s Theory of Fictions – ‘A Curious Double Language,’”
Cardozo Studies in Law & Literature 11 (1999): 223-49
Lesley Higgins & Marie-Christine Leps, “‘Passport, Please’: Legal, Literary, and
Critical Fictions of Identity,” College Literature 25 (1998): 94-138
David P. French, “The Swift-Gulliver Litigation,” Notes and Queries 11 (1964): 52-53
Marjorie Stone, “Dickens, Bentham, and the Fictions of the Law: A Victorian
Controversy and Its Consequences” Victorian Studies 29 (1985): 125-54
Further connections:
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Robert Newsom, A Likely Story: Probability and Play in Fiction (Rutgers UP, 1988)
Kendall Walton, Mimesis as Make-Believe: On the Foundations of the Representational
Arts (Harvard UP, 1993)
William E. Smyth, “On the Psychology of ‘As If,’” Theory & Psychology 15 (2005): 283
Hans Vaihinger, The Philosophy of “As If” (1911)
5. The Form of the Case
James Chandler, England in 1819: The Politics of Literary Culture and the Case of
Romantic Historicism (U of Chicago Press, 1998), excerpts
Robert A. Ferguson, “The Judicial Opinion as Literary Genre,” Yale Journal of Law &
the Humanities 2 (1990): 201-19
John Leubsdorf, “The Structure of Judicial Opinions,” Minnesota Law Review 86 (2001):
447-96
Pierson v. Post
Herman Melville, “Fast-Fish Loose Fish” (from Moby Dick)
Further Reading (optional; for further reading and possible research topics):
Benjamin N. Cardozo, “Law and Literature,” in Law and Literature and Other Essays
and Addresses (Harcourt, 1931), pp. 3-40
Robert Scholes, Structuralism in Literature (Yale UP, 1974), pp. 42-50 (excerpt on
Andre Jolles)
Albert R. Jonsen & Stephen Toulmin, The Abuse of Casuistry: A History of Moral
Reasoning (U of California Press, 1988)
Ed Morgan, “The Mild, Mild West: Living By a Code in Canadian Law and Film,”
Law, Culture, & Humanities 2 (2006): 115-35
Todd Herzog, “Crime Stories: Criminal, Society, and the Modernist Case History,”
Representations 80 (2002): 34-61
Marie-Claire Belleau & Rebecca Johnson, “I Beg to Differ: Interdisciplinary Questions
about Law, Language and Dissent” (forthcoming 2007)
Willa Cather, “Paul’s Case”
James Hogg, The Private Memoirs and Confessions of a Justified Sinner (1824)
Melville Davisson Post, The Strange Schemes of Randolph Mason (1896)
6. Narrative and Explanation
Nancy Pennington & Reid Hastie, “A Cognitive Theory of Juror Decision Making: The
Story Model,” Cardozo Law Review 13 (1992): 519-57
Peter Brooks, “‘Inevitable Discovery’ – Law, Narrative, Retrospectivity,” Yale Journal of
Law & the Humanities 15 (2003): 71-101
David Velleman, “Narrative Explanation,” Philosophical Review 112 (2003): 1-25
A Conan Doyle, “Silver Blaze” and “A Question of Identity”
Further Reading (optional; for further reading and possible research topics):
R. v. Rose (1998), 20 C.R. (5th) 246 (S.C.C.)
Old Chief v. United States, 519 U.S. 172 (1997)
Peter Brooks & Paul Gewirtz, eds., Law’s Stories (Yale UP, 1996)
Gary Bellow and Martha Minow, eds., Law Stories: Law, Meaning, and Violence (U of
6
Michigan Press, 1996)
Tort Stories, Criminal Procedure Stories, etc.
Robin West, Narrative, Authority, and Law (U of Michigan Press, 1994)
Joshua A. Newberg, “The Narrative Construction of Antitrust,” Southern California
Interdisciplinary Law Journal 12 (2003): 181-216
Gerald T.G. Seniuk, “Liars, Scoundrels, and the Search for Truth,” Criminal Reports (5th
series) 30 (2000): 244-54
Gary Rosenshield, The Uses and Abuses of Narrative Empathy: Dostoevsky and the Jury
Trial (Faculty of Law, U. of Toronto, 2004)
Pamela Barmash, “The Narrative Quandary: Cases of Law in Literature,” Vetus
Testamentum 54 (2004): 1
Shannon K O’Byrne, “Legal Criticism as Storytelling,” Ottawa Law Review 23 (1992):
487-503
Richard Delgado, “Storytelling for Oppositionists: A Plea for Narrative,” Michigan Law
Review 87 (1989): 2411-41
Peter Brooks, “Illicit Stories,” diacritics 25 (1995): 41-51
Daniel A. Farber & Suzanna Sherry, “Telling Stories out of School: An Essay on Legal
Narratives,” Stanford Law Review 45 (1995): 807-55
Steven Lubet, “Story Framing,” Temple Law Review 74 (2001): 59-67
Richard K. Sherwin, “Law Frames: Historical Truth and Narrative Necessity in a
Criminal Case,” Stanford Law Review 47 (1994): 39-84
Further Connections:
David Herman, Story Logic (U of Nebraska Press, 2005)
Bernard S. Jackson, “Narrative Models in Legal Proof,” International Journal of
Semiotics & Law 1 (1988): 225-46
Suzanne Keen, “A Narrative Theory of Empathy,” Narrative 14 (2006): 207-36
7. From Speech to Writing
Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010
The Countess of Rutland’s Case (1604), 77 E.R. 89
Martin A. Kayman, “Lawful Writing: Common Law, Statute, and the Properties of
Literature,” New Literary History 27 (1996): 761-83
Herman Melville, “Bartleby the Scrivener”
Further Reading (optional; for further reading and possible research topics):
Michael Hancher, “Littera scripta manet: Blackstone and Electronic Text,” Studies in
Bibliography 54 (2004): 115-32
Joan Lovisek, “Transmission Difficulties: The Use and Abuse of Oral History in
Aboriginal Claims,” in H.C. Wolfart, ed., Papers of the Thirty-Third Algonquian
Conference (U of Manitoba Press 2002), pp. 251-70
Theodore Chamberlin article.
Michael P Jordan, “The Evolution of the Genre of Canadian Acts: Sentence Structure and
Complexity,” Technostyle 12 (1995): 117-43
Solan, Lawrence M. and Peter M. Tiersma, Speaking of Crime: The Language of
Criminal Justice (U of Chicago Press, 2004)
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Peter Goodrich, Legal Discourse: Studies in Linguistics, Rhetoric, and Legal Analysis
(St. Martin’s Press, 1987)
Michael Dorland, Law, Rhetoric, and Irony in the Formation of Canadian Civil Culture
(U of Toronto Press, 2002)
Roger Shuy, Language Crimes
J. Edward Chamberlin, Culture and Anarchy: Truthtelling in Oral and Written Traditions
(Faculty of Law, U of Toronto, 1996)
C. Michael Macmillan, “Judicial Activism vs. Judicial Restraint: The Role of the Highest
Courts in Official Language Policy in Canada and the United States,” American
Review of Canadian Studies 33 (2003): 239-60
Dennis R. Klinck, The Word of the Law: Approaches to Legal Discourse (Carleton UP,
1992)
John M. Conley & William M. O'Barr, Just Words: Law, Language, and Power (U of
Chicago Press, 2d ed., 1997)
8. Copyright, Authorship, Originality
Mark Rose, Authors and Owners: The Invention of Copyright (Harvard UP, 1994),
excerpts
Martha Woodmansee, “The Genius and the Copyright: Economic and Legal Conditions
of the Emergence of the ‘Author,’” Eighteenth-Century Studies 17 (1984): 425-48
Peter Jaszi, “Toward a Theory of Copyright: The Metamorphoses of ‘Authorship,’”
Duke Law Journal 41 (1991): 455-502
Pope v. Curll
Washington Irving, “The Mutability of Literature” and “The Art of Bookmaking” (from
The Sketch Book of Geoffrey Crayon)
(“Bartleby” redux)
Oscar Wilde, “The Portrait of Mr. W.H.”
Sarony v. Burrow-Giles Lithographic
Further Reading (optional; for further reading and possible research topics):
Elizabeth Judge, “Eighteenth Century Fan Fiction and Copyright Law” (forthcoming
2007)
http://www.law.case.edu/centers/lta/content.asp?content_id=89
Jeannie Suk, “Note, Originality,” Harvard Law Review 115 (2002): 1988-2009
Michael Meehan, “Authorship and Imagination in Blackstone’s Commentaries on the
Laws of England,” Eighteenth-Century Life 16 (1992): 111-26
Jody Greene, The Trouble with Ownership: Literary Property and Authorial Liability in
England, 1660-1730 (U of Penn. Press, 2005)
Ronan Deazley, On the Origin of the Right to Copy: Charting the Movement of Copyright
Law in Eighteenth-Century Britain (1695-1775) (Hart, 2004)
Rosemary Coombe, The Cultural Life of Intellectual Properties: Authorship,
Appropriation, and the Law (Duke UP, 1998)
Simon Stern, “Tom Jones and the Economies of Copyright,” Eighteenth-Century
Fiction 9 (1997): 429-44
Richard G. Swartz, “Patrimony and the Figuration of Authorship in the EighteenthCentury Literary Property Debates,” Works and Days 7 (1989): 29-54
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David A. Brewer, The Afterlife of Character, 1726-1825 (U of Penn. Press, 2005)
9. Criminal Responsibility and the Representation of Mental States
Paul H. Robinson, “A Brief History of Distinctions in Criminal Culpability,” Hastings
Law Journal 31 (1980): 815-53
Joel Peter Eigen, “Double Consciousness in the Nineteenth Century,” Unconscious
Crime: Mental Absence and Criminal Responsibility in Victorian London (Johns
Hopkins UP, 2003), pp. 15-34
Robert Louis Stevenson, The Strange Case of Dr. Jekyll and Mr. Hyde (1887)
Further Reading (optional; for further reading and possible research topics):
Kenneth W. Simons, “Rethinking Mental States,” Boston University Law Review 72
(1992): 463-554
John Langbein, The Origins of Adversary Criminal Trial (Oxford UP 2003), chap. __
Lisa Rodensky, The Crime in Mind: Criminal Responsibility and the Victorian Novel
(Oxford UP, 2003)
Jonathan Grossman, The Art of Alibi: English Law Courts and the Novel (Johns Hopkins
UP, 2002)
Nicola Lacey’s draft? Moll & Tess: http://mediacast.ic.utoronto.ca/20070308Law/index.htm
Alexander Welsh, Strong Representations: Narrative and Circumstantial Evidence in
England (Johns Hopkins UP, 1992)
Kevin Jon Heller, “The Cognitive Psychology of Circumstantial Evidence,” Michigan
Law Review 105 (2006): 241-305
Dominic LaCapra, Madame Bovary on Trial (Cornell UP, 1982)
James Fitzjames Stephen, “The License of Modern Novelists,” Edinburgh Review 106
(1857): 124-56
James Fitzjames Stephen, “The Relation of Novels to Life,” in Stephen, Cambridge
Essays (1855), pp. 148-92
Randall Craig, “Fictional License: The Case of (and in) Great Expectations,” Dickens
Studies Annual 35 (2005): 109-32
Edgar Janes Bliss, The Peril of Oliver Sargent (Webster, 1891)
Further connections:
Anne Banfield, Unspeakable Sentences: Narration and Representation in the Language
of Fiction (RKP, 1982)
Roy Pascal, The Dual Voice: Free Indirect Speech and Its Functioning in the NineteenthCentury European Novel (Manchester UP, 1977)
Monika Fludernik, The Languages of Fiction and the Fictions of Language (Routledge,
1995)
Nicholas Dames, Amnesiac Selves: Nostalgia, Forgetting, and British Fiction 1810-1870
(Oxford UP, 2001)
10. Privacy
Louis D. Brandeis & Samuel D. Warren, “The Right to Privacy,” Harvard Law Review
4 (1890): 193-220
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Oscar Wilde, The Picture of Dorian Gray (1890/91)
Further Reading (optional; for further reading and possible research topics):
Entick v. Carrington (1765) 19 St. Tr. 1029
Deborah Nelson, Pursuing Privacy in Cold War America (Columbia UP, 2002)
Robert Caserio, “Supreme Court Discourse vs. Homosexual Fiction,” South Atlantic
Quarterly 88 (1989): 267-99
Jody Greene, “Public Secrets: Sodomy and the Pillory in the Eighteenth Century and
Beyond” Eighteenth Century: Theory and Interpretation 44 (2003): 203-32
Stanley A. Cohen, “The Paradoxical Nature of Privacy in the Context of Criminal Law
and the Canadian Charter of Rights and Freedoms,” Canadian Criminal Law
Review 7 (2002): 125-45
Robert C. Post, “Rereading Warren and Brandeis: Privacy, Property, and Appropriation,”
Case Western Law Review 41 (1991): 647-80
Mitchell A. Flagg, “Star Crazy: Keeping the Right of Publicity out of Canadian Law,”
Intellectual Property Journal 13 (1999): 179-236
Reinhold Kramer, “Section 8 of the Charter and English-Canadian Fiction,” Dalhousie
Review 78 (1998): 385-413
11. Where from Here?
“Tenth Anniversary Symposium,” Yale Journal of Law & the Humanities 10 (1998): 389420
Annelise Riles, “A New Agenda for the Cultural Studies of Law: Taking on the
Technicalities,” Buffalo Law Review 53 (2005): 973-1033
David Howarth, “Is Law a Humanity (or is it more like Engineering)?,” Arts &
Humanities in Education 3 (2004): 9-20
Possible: Steph Tai, For Ellen, Who Will Be Thirty-Two in June (2008)
Further Reading (optional; for further reading and possible research topics):
J.M. Balkin, Cultural Software: A Theory of Ideology (Yale UP, 1998)
Lawrence Rosen, Law as Culture (Princeton UP, 2006)
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