Star Trek. Law - The Final

Transcription

1 Star Trek Law - The Final

2 The Opening Credits Mark Lemley - Stanford Law School and Durie Tangri LLP (with the invaluable help of Josh Gilliland and

3 Agenda Substantive Law in Star Trek Conceptions of Humanity Legal Process in Star Trek Conceptions of Justice in Star Trek Star Trek in US Courts

4 Red Shirts Assumption of Risk 43 Red Shirts Died out of 59 Crew Members on Away Missions 0% of Mission Fatalities Were Red Shirts

5 Killed by Plant Death Be Not red Shirt Vaporized Vampire Cloud Beamed into Space by Sadistic Children Killed By Alien Turned into Cube and Crushed

6 Assumption of Risk Express Agreement Knowledge of the risk, and Voluntary assumption of the activity

7 Fireman s Rule A person who, fully aware of the hazard created by the defendant s negligence, voluntarily confronts the risk for compensation. Ries v. Lee, 115 Cal. App. 3d 332, at * (Cal. App. 2d Dist. 1981).

8 the Horta Endangered Species Act

9 Endangered Species Act The Endangered Species Act was passed to protect species that are endangered or threatened. A species is endangered if it is in danger of extinction throughout all or a significant portion of its range. 16 U.S. CODE 1532(6). A species is threatened if it is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Id. 1532(20); Conservation Force, Inc. v. Jewell, 733 F.3d 1200, 1202 (D.C. Cir. 2013). A species is considered endangered because of natural or manmade factors affecting its continued existence. 16 USCS 1533(a)(1)(E).

10 Horta Eggs Protecting eggs of threatened or endangered species has been done many times under Federal and State law, from fish to sea turtles. See, State v. Davis (Fla. 1990) 556 So.2d 1104) and Beatty v. Fish & Wildlife Comm'n (2015) 185 Wn.App. 426.

11 Tribbles the Invasive Species When environmental conditions are favorable, nonindigenous species become established, may compete with or prey upon native species of plants, fish, and wildlife, may carry diseases or parasites that affect native species, and may disrupt the aquatic environment and economy of affected nearshore areas; 16 USC sec. 4701(a)(2).

12 I, Mudd Death for Patent Infringement?

13 Intellectual Property Author, Author, Voyager The Supreme Court and Ninth Circuit have repeatedly referred to persons or human beings when analyzing authorship under the Act. See, e.g., Aalmuhammed v. Lee, 202 F.3d 1227, 1234 (9th Cir. 2000) Naruto v. Slater, 15-cv WHO

14 Equal Protection Measure of a Man, TNG

15 Duty of Loyalty Did Commander Riker s professional and personal relationship with Commander Data substantially affect Commander Riker s representation of Commander Maddox in violation of Cal. Rules of Professional Conduct, Rule 3-310(B)(2) Avoiding the Representation of Adverse Interests Rule?

16 Trial Advocacy Rules of Engagement, Deep Space Nine

17 Trial Issues How were the elements of the trial? Opening Statements? Witness Lists? Burden of Proof? Direct examinations? Cross-examinations? What evidentiary issues existed in the trial? Does the statement, the truth must be won adequately describe a trial? Was there an illegal search? Qualifying O Brien as an expert witness

18 Drumhead

19 Constitutional Lessons from Drumhead Can Betazoid Intuition be used as Evidence? Right Against Self Incrimination Public Trial Attorney Ethics

20 Insanity Defense Did Scotty, Chekov, or Picard: 1. Have a severe mental disease or defect; and 2. As a result, were unable to appreciate the nature and quality or the wrongfulness of his acts?

21 Kirk on Trial What is the 6th Amendment Right to Confront Witness? What parts of the trial were similar to our courts? How was the trial different? What are the legal issues with confronting a computer report? Is a computer statement hearsay? Court Martial, TOS

22 Could Kirk sentence Khan to Ceti Alpha V? Space Seed, TOS

23 He was the best of the tyrants and the most dangerous. Captain James T. Kirk Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms But wait how does Kirk have jurisdiction over Khan and his followers?

24 Justice Next Generation And just who tells visitors about these rules? I m really sorry

25 Ensigns of Command "This is not a law, it is a treaty! It is designed to smooth relations between races, not to act as a strait--" (The Sheliak cut him off) "...jacket." "Captain, when the treaty was first negotiated, the Federation sent 372 legal experts. What do we have? "Thee and me?

26 Picard s Kobayashi Maru "Pursuant to Paragraph 1,290, I hereby formally request third party arbitration of our dispute. "You have the right. "Furthermore, pursuant to Sub-section D-3 I name... the Grizzelas to arbitrate." Grizzelas?!" "Unfortunately, they are currently in their hibernation cycle. However, they will awaken in six months, at which time we can get this matter settled. Now... do you want to wait? Or give me my three weeks?"

27 Picard s Kobayashi Maru "Wait! Negotiation is permiss!" (Picard signals to cut the transmission.) "You enjoyed that. "You're damned right!"

28 Trial of Humanity Was Q s Trial Fair?

29 Diversity in the Practice of Law Court Martial, TOS

30 Women in the Practice of Law Captain Phillipa Louvois Admiral T Lara 27% 36% 23% 10 0 Lt. Areel Shaw 3% Percentage of Female Attorneys

31 Star Trek in US Law

32 Star Trek in US Law

33 Star Trek in US Law Prelude to Axenar fan fiction Star Trek episode is copyright infringement, not fair use

34 My (modest) contribution to the law of Star Trek at Escape Velocity 2017

35 My (modest) contribution to the law of Star Trek at Escape Velocity 2017