Shakespeare
THE BARD AND THE BENCH: AN OPINION WRITER’S GUIDE TO SHAKESPEARE
Shakespeare Passages and Cases by Legal Topic
Robert W. Peterson
The essay introducing this database is available at 39 Santa Clara L. Rev. 789.
Robert W. Peterson is a Professor of law at Santa Clara University School of Law. He earned his B.A. from San Diego State University (then College), his J.D. from Stanford University School of Law, and a Diploma in Law from Oxford University, England. He teaches Torts, Civil Procedure, Evidence, Products Liability, Insurance, and the Judicial Externship Seminar. He is a confirmed and unashamed Bardolator.
1. Abuse of Discretion
2. Advocacy: Good and Otherwise
3. Breach of Contract
4. Censorship
5. Clemency
6. Death, Right to Die, Death Penalty
7. Debtor/Creditor
8. Definitions
9. Delay, Procrastination, Statute of Limitations
10. Desuetude, Dead Letter Laws
11. Evidence
A. Circumstantial Evidence
B. Dying Declarations
C. Expert Opinions
D. Gory Evidence
E. Guilty Conduct
12. Equity/Mercy
13. False Memory
14. Family Law
15. Finality
16. HARMLESS ERROR
17. Inconsistency
18. Intellectual Property
19. Judicial Demeanor, Conduct, Ethics
20. Jury Trial
21. Legal Profession
22. Liquor Licenses
23. Nuisance/Clean Air Standards
24. Pettifogging Exactitude
25. Precedent and "Hard Cases."
26. Remedies
27. Reputation
28. Sex Changes
29. Sexual Harassment
30. Statutory Interpretation
31. Taxes
32. Titles
33. Trash
34. Vagueness
35. Voluntariness
36. Witnesses
A. Bias
B. Character
C. Credibility
D. Cross-Examination/Confrontation
E . Leading Questions
F . Unavailability
37. Miscellaneous
NOTE: Line numbering varies among the many editions of Shakespeare’s works. If you want to read a passage in context, these line numbers should bring you to the approximate location in your edition.
1. Abuse of Discretion - back to top
[S]ans teeth, sans eyes, sans taste, sans everything.
William Shakespeare, As You Like it, act 2, sc. 7, ln. 211 (Compact ed. Oxford University Press 1988). Cited regarding "the very essence of arbitrary governmental regulation, sans regulation, sans reason, sans anything." In re Scarpitti, 124 Cal. App. 3d 434, 441, 177 Cal. Rptr. 387 (1981).
O, it is excellent
To have a giant's strength, but it is tyrannous
To use it like a giant.
William Shakespeare, Measure for Measure act 2, sc. 2, ln. 199 (Compact ed. Oxford University Press 1988). Usually used to chastise an overreaching lower court judge, but seldom cited as a vehicle of self-criticism. Gardiner v. A.H. Robbins Co., 747 F.2d 1180, 1194 (8th Cir. 1984); see also Davis v. Ohio Barge Line, Inc. 697 F.2d 549, 558 (3d Cir. 1983); People v. Fatone, 165 Cal. App. 3d 1164, 1180, 211 Cal. Rptr. 288, 297 (1985); Goney v. Park Cty., 792 P.2d 1287, 1301 (Wyo. 1990).
2. Advocacy: Good and Otherwise - back to top
"Defendants also attempt to impugn Plaintiff’s motives in pursuing this lawsuit, painting themselves as an innocent Desdemona opposite Plaintiff’s scheming Iago. See Willaim Shakespeare, Othello. While Defendants are certainly entitled to attempt this approach with a jury, such characterizations hold no sway with the Court. In fact, these attacks annoy more than they persuade." Reynolds v. Rick’s Mushroom Service, 2003 U.S. Dist. LEXIS 22154 (2003).
"[A]ppellant’s briefs in this court advance these alleged constitutional violations in vague and cryptic terms. Appellate judges are not clairvoyants, and it is surpassingly difficult for us to make something out of nothing. Cf. William Shakespeare, King Lear act 1, sc. 4)." Smiley v. Maloney, 2003 U.S. Dist. LEXIS 24902 (2003).
[T]is the sport to have the engineer hoist with his own petar [or petard]
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 4, ln. 303-05 (Compact ed. Oxford University Press 1988). Used for attorneys or parties whose strategies backfire. In re White Motor Corp., 65 Bankr. 383, 390 (1986); Cerro Metal Prods. v. Marshall, 620 F.2d 964, 967 (1980).
[O]ut heroding Herod
William Shakespeare, Hamlet, Prince of Denmark act. 3, sc. 2, ln. 20 (Compact ed. Oxford University Press 1988). Referring to a strident party. Griggs-Ryan v. Smith, 904 F.2d 112, 116 (1990) (actually, "out-herods Herod").
Very good orators, when they are
out, they will spit.
William Shakespeare, As You Like it act. 4, sc. 1, ln. 102-03 (Compact ed. Oxford University Press 1988). People v. Morris, 23 Misc. 2d 242, 243, 201 N.Y.S.2d 739, 741 (1960).
[L]ook, where it comes again!
William Shakespeare, Hamlet, Prince of Denmark act I, sc. 1, ln. 39 (Compact ed. Oxford University Press 1988). A case that will not go away. A brief empty of argument is like going to Hamlet and "finding no Hamlet on the stage, nothing rotten in the state of Denmark, and no ghost frightening the palace guards." United States v. Shanbaum, 10 F.3d 305, 315 (5th Cir. 1994).
Brevity is the soul of wit.
William Shakespeare, Hamlet, Prince of Denmark act. 2, sc. 2, ln. 20 (Compact ed. Oxford University Press 1988). Sarcastic reference to an inadequate, 3 page argument. State v. Eichstedt, 567 A.2d 1237, 1241 (1989).
Make mad the guilty, and appall the free,
Confound the ignorant, and amaze, indeed,
The very faculties of eyes and ears.
William Shakespeare, Hamlet, Prince of Denmark, act 2, sc. 2, ln. 598 (Compact ed. Oxford University Press 1988). Cited in a case dealing with insanity and the intentional act exclusion from insurance policies, but it seems more appropriate here. State Farm Fire & Gas Co. v. Wicker, 474 N.W.2d 324, 327 (1991).
Polonius: What do you read, my lord?
Hamlet: Words, words, words.
William Shakespeare, Hamlet, Prince of Denmark, act. 2, sc. 2, ln. 296 (Compact ed. Oxford University Press 1988). Used regarding poor and verbose briefing. State v. Gary Lee Schaefer Herald Assn., 157 Vt. 339, 599 A.2d 337, 349 (1991).
Discretion is the better part of valour.
William Shakespeare, The First Part of King Henry the Fourth act 5, sc. 4, ln. 120 (Compact ed. Oxford University Press 1988) (Actually, "the better part of valour is discretion."). Used when the court counsels a prudent course of conduct. Schad v. Phoenix Adjusters, Inc., 1995 U.S. Dist. Lexis 7575 at 4 (1995). Also, "Discretion is the better part of advocacy," United States v. Mobley, 34 M.J. 527, 532 (1991), and "judicial discretion is the better part of judicial valor." City of Gainsville v. Florida Power and Light Co., 488 F. Supp. 1258, 1284 (S.D. Fla. 1980).
[S]tand like greyhounds in the slips,
Straining upon the start.
William Shakespeare, King Henry the Fifth act 3, sc. 1, ln. 37 (Compact ed. Oxford University Press 1988). Used in reference to attorneys eager to litigate a point. Mercer v. Birchman, 510 F. Supp. 99, 105 (D. Conn. 1981).
This conclusion, while it may not be ‘as clear as is the summer’s sun,’nevertheless is supported by the better reasoning . . . .
Indiana Dept. of Pub. Welfare v. Payne, 592 N.E.2d 714, 724 (Ind. App. 2 Dist. 1992) (citing William Shakespeare, King Henry the Fifth act 1, sc. 2, ln. 103 (Compact ed. Oxford University Press 1988)).
Between two blades, which bears the better temper;
Between two horses, which doth bear him best;
Between two girls, which hath the merriest eye;
I have, perhaps, some shallow spirit of judgment;
But in these nice sharp quillets of the law,
Good faith, I am no wiser than a daw.
William Shakespeare, The First Part of Henry the Sixth act 2, sc. 4, ln. 26 (Compact ed. Oxford University Press 1988). Seems appropriate when it is not "as clear as is the summer’s sun." William Shakespeare, King Henry the Fifth act 1, sc. 2, ln. 103 (Compact ed. Oxford University Press 1988). The first quotation was used to show that the ruling, though strange, kept with the legislative intent and the better reasoning of the cases. Indiana Dept. of Pub. Welfare v. Payne, 592 N.E.2d 714, 724 (Ind. App. 2 Dist. 1992).
[U]niversally utilizing the simplified, convenient indorsed complaint without even a passing thought or reference to the statute or court rules, are wholly oblivious that it can be ‘foretold that danger lurks within.’
William Shakespeare, The Third Part of King Henry the Sixth act 4, sc. 7, ln. 11 (Compact ed. Oxford University Press 1988); Onorati v. National Automatic Laundry & Cleaning Council, Inc., 85 Misc. 2d 236, 237; 379 N.Y.S.2d 295, 296 (1988).
Friends, Romans, countrymen—lend me your ears!
I come to bury Caesar, not to praise him.
William Shakespeare, Julius Caesar act 3, sc. 2, ln. 127 (Compact ed. Oxford University Press 1988). Court: "When the prosecutor’s disclaimer is evaluated in light of the argument that followed, it proves as misleading as Marc Antony’s protestation that he had come to bury Caesar, not to praise him." Clum v. State, 893 P.2d 1277, 1279 n.1 (Ct. App. Alaska 1995).
Cry ‘Havoc,’ and let slip the dogs of war.
William Shakespeare, Julius Caesar act 3, sc. 1, ln. 412 (Compact ed. Oxford University Press 1988). Referring to particularly strident and voluminous litigation and pleading—armistice was unlikely. Re recidivists, the people should not "Cry . . .," but, rather, should legislate. Block 175 Corp. v. Fairmont Hotel Mgmt. Co., 648 F. Supp. 450, 450-51 (D. Co. 1986); Carlisle v. State, 295 Ala. 396, 397, 326 So.2d 776, 777 (1976); Fiscal Court of Jefferson City v. City of Louisville, 559 S.W.2d 478, 481 (Sup. Ct. Ky. 1977).
Must I give way and room to your rash choler?
Shall I be frighted, when a madman stares?
William Shakespeare, Julius Caesar act 4, sc. 3, ln. 63-64 (Compact ed. Oxford University Press 1988). Used to reject psychiatric testimony that those who resent punishment should not be punished. People v. Gardner, 56 Cal. App. 3d 91, 97, 28 Cal. Rptr. 101, 106 (1976). Could be used by an advocate who stands his or her ground in the face of an overbearing judge.
Cowards die many times before their deaths;
The valiant never taste of death but once.
Of all the wonders that I yet have heard,
It seems to me most strange that men should fear;
Seeing that death, a necessary end,
Will come when it will come.
William Shakespeare, Julius Caesar act 2, sc. 2, ln. 54 (Compact ed. Oxford University Press 1988). Used where a party could not concede the litigation was ended and final. Fenno v. Spearman, 653 So.2d 1147, 1148 (Ct. App. Fla. 1995).
It was [all] Greek to me.
William Shakespeare, Julius Caesar act 1, sc. 2, ln. 387 (Compact ed. Oxford University Press 1988). Casca’s comment re Cicero’s speech. Was used in reference to a witness who did not understand the contents of a letter. Bruner v. League General Insurance Company, 164 Mich. App. 28, 30, 416 N.W.2d 318, 319 (1987).
I am constant as the northern star.
William Shakespeare, Julius Caesar act 3, sc. 1, ln. 60 (Compact ed. Oxford University Press 1988). In reference to being consistent with a child’s best interest in an adoption case. In re Charles B., 1988 WL 119937 n.2 (Ohio App. 5th Dist. 1988) (dissenting opinion), 1988 Ohio App. Lexis 4435 at *31 (1988).
To gild refined gold, to paint the lily,
To throw a perfume on the violet,
To smooth the ice, or add another hue
Unto the rainbow, or with taper-light
To seek the beauteous eye of heaven to garnish,
Is wasteful and ridiculous excess.
William Shakespeare, The Life and Death of King John act 4, sc.2 ln. 11 (Compact ed. Oxford University Press 1988). Usually used in reference to overkill, but sometimes in praise, as in "waste of time and effort to attempt to refurbish the erudite opinion which he has written and which we now quote and adopt as our own." It is almost always misquoted as to "gild the lily." Maram v. Universidad Interamericana De Puerto Rico, Inc., 722 F.2d 953, 959 n.3 (1st Cir. (Puerto Rico) 1983); In re Amino Acid Lysine Anti-trust Litig., 918 F. Supp. 1190, 1197 (N.D. Ill. 1996); Camelot Cares Ctrs., Inc. v. Planters Lifesavers Co., 826 F. Supp 545, 552 (N.D. Ill. 1993); People v. Ortega, 181 Colo., 223, 508 P.2d 784 (1973).
Moreover, in the present case, the read-back was not, to paraphrase Shakespeare, like one of those tedious twice-told tales vexing to the dulled ears of a drowsy juror.
United States v. Arboleda, 20 F.3d 58, 62 (1994) (citing William Shakespeare, The Life and Death of King John act 3, sc. 4, ln. 423.
Zounds! I was never so bethump'd with words
Since I first call'd my brother's father dad.
William Shakespeare, The Life and Death of King John act 2, sc. 1, ln. 466 (Compact ed. Oxford University Press 1988). Reference to too much frivolous advocacy. Hoover v. Barker, 507 S.W.2d 299, 304 (Ct. App. Tx. 1974).
It is not so; for how can this be true,
That you stand forfeit, being those that sue?
William Shakespeare, Love’s Labour’s Lost act 5, sc. 2, ln. 689 (Compact ed. Oxford University Press 1988) (cited in Equitable Life Assur. Socy. of the United States v. Porter–Englchart, 867 F.2d 79, 88 (1st Cir. 1989)). You may recall that this was, in fact, the fate of Shylock in Merchant of Venice. Even today, suits on loans violating usury laws may result in loss of both principle and interest.
[H]e draweth out the thread of his verbosity finer
than the staple of his argument.
William Shakespeare, Love’s Labour’s Lost act 4, sc. 3, ln. 27 (Compact ed., Oxford University Press 1988) Cited in Complete Auto Transit, Inc. v. Chauffers, Teamsters & Helpers Local Union No. 414., 848 F. Supp. 848, 851 (N.D. Ind. 1994). Used to characterize a thin and tedious argument.
Life’s but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more; it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.
William Shakespeare, Macbeth act 5, sc. 5, ln. 44 (Compact ed. Oxford University Press 1988). Used with reference to bombastic arguments of little merit. It is also used in reference to rules with no teeth in them, process without benefit of confrontation, and some questionable statistical evidence. Central Pennsylvania Teamsters Pension Fund v. McCormick Drayline Inc., 85 F.3d 1098, 1110 (3rd Cir. 1996); Action for Children’s T.V. v. FCC, 821 F.2d 741, 747 (D.C. Cir. 1987); Jenkens v. Tatum, 795 F.2d 112 (D.C. Cir. 1986); McNeill v. Butz, 480 F.2d 413, 323 (N.D. Ill. 1973).
One well timed ‘outburst’ following two heated ‘suggestions’ can turn the entire battle with all the jarring effect of the knocking on the gate in Shakespeare’s Macbeth.
State v. Malterer, 1987 Ohio App. LEXIS 8849. Used to show prosecutors injection of a little "harmless error" in a close sex case, was not, in fact, harmless. Id.
[D]owny sleep, death’s counterfeit.
William Shakespeare, Macbeth act 2, sc. 3, ln. 155 (Compact ed. Oxford University Press 1988). Sleep, like death, is another world. It doesn't belong in the courtroom, especially by the defending attorney. Halverson v. State, 372 N.W.2d 463, 466 (Sup. Ct. S.D. 1985).
Ounce of flesh
Actually—
Pound of flesh
William Shakespeare, The Merchant of Venice act 4, sc. 1, ln. 306 (Compact ed. Oxford University Press 1988). This comment to the judge, standing alone, was insufficient to constitute contempt of court—but don’t press your luck. Reference to the Merchant of Venice was presumed, although it was a "pound" in Merchant. State v. Conliff, 61 Ohio App. 2d 185, 401 N.E.2d 469 (1978).
Yes, truly; for look you, the sins of the father
are to be laid upon the children
William Shakespeare, The Merchant of Venice act 3, sc. 5, ln. 6 (Compact ed. Oxford University Press 1988). "A situation in which the sins of the son were visited on the father"—citing passage for converse. Used when prosecution lumped defendants together as "they," and referred to "Auerbach," without explaining which "Auerbach," as a convicted felon. U.S. v. Auerbach, 845 F.2d 1157 (2d Cir. 1984).
The prosecution referred to "merchants of Franklin Square" and "merchants of greed, deceit and corruption." Defendant argued that these repeated references to wealth and greed, combined with the "merchant of" prefix, "evoked the stereotype of Jews exemplified by Shylock, and improperly suggested that Weiss acted in accordance with this stereotype, thereby infusing the trial with anti-Semitic prejudice and making a new trial necessary." The contention was ultimately rejected. U.S. v. Weiss, 930 F.2d 185 (2d Cir. 1991).
The devil can cite scripture for his purpose.
William Shakespeare, The Merchant of Venice act 1, sc. 3 ln. 137 (Compact ed. Oxford University Press 1988).
[I]n law, what plea so tainted and corrupt
But, being seasoned with a gracious voice,
Obscures the show of evil?
William Shakespeare, The Merchant of Venice act 3, sc. 2, ln. 97 (Compact ed. Oxford University Press 1988). The court says, "craft is the vice, not the spirit of the profession. Trick is professional prostitution. Falsehood is professional apostasy. . . ." Day v. Rosenthal, 170 Cal. App. 3d 1125, 217 Cal. Rptr. 89 (1985).
Somewhere in the Merchant of Venice, one of Shakespeare's characters is made to say: ‘his reasons are as two grains of wheat hid in two bushels of chaff, you may seek all day ere you find them and when you have them they are not worth the search.’
Kneale v. Kneale, 67 S.E.2d 233 (Fla. 1953). The actual cite is William Shakespeare, Merchant of Venice act 1, sc. 1, ln. 153 (Compact ed. Oxford University Press 1988). Ironically, said in chastising counsel for overburdening the court with improper or insufficient preparation of and citation to the record! The court leaves the reader to search Merchant of Venice to find the citation.
So quick bright things come to confusion.
William Shakespeare, A Midsummer Night’s Dream act 1, sc. 1, ln. 149 (Compact ed. Oxford University Press 1988). "At heart, this is a simple sexual harassment and disability-based discrimination case, made complicated by overly creative lawyering." Iacampo v. Hasbro, Inc., 929 F. Supp. 562, 568 n.1 (D.R.I. 1996). Is exposure of building to asbestosis, "property damage" under insurance policy? In re Celotex Corp, 196 Bankr. 973 (1996). Prosecutor’s reference to classic evil people, such as Iago and Hitler, was intended to inflame the jury and "None of these analogies bears a significant relationship to the evidence presented in the instant case, and, clearly, each was intended to inflame the passions of the jurors." Commonwealth v. Shitney, 511 Pa. 232, 512 A.2d 1152 (1985).
A plague a both your houses!
William Shakespeare, Romeo and Juliet act 3, sc. 1, ln. 140 (Compact ed. Oxford University Press 1988). Most editions say "a," though sometimes it is quoted as an "on" or an "o." Mercutio says this to Romeo when killed in a Montague/Capulet rivalry inspired quarrel. The quote is used when both parties are so offensive or unworthy that the judge or jury wants to rule against both. Decker & Co. v. West, 76 F.3d 1573, 1575 (Fed. Cir. 1996); In re Gulf Oil, 142 F.R.D. 588, 595 (S.D.N.Y. 1992); Auerback v. McKinney, 549 So.2d 1022, 1031 (Ct. App. Fla. 1989); In re Queen, 442, 473 S.E.2d (W.Va. 1996). Examples include: "neither of the parties acquitted themselves with pure grace;" Decker & Co v. West, 76 F.3d 1573, 1575 (Fed. Cir. 1996). "[I]n view of the continuing contretemps between counsel, the famous Shakespearean stricture, ‘A plague on both your houses’ seems singularly apt." J.F. Edwards Constr. Co. v. Anderson Safeway Guard Rail, 542 F.2d 1318 (7th Cir. 1976). One court added, "they have made worms’ meat of [the administration of justice in this case]"—attorneys misappropriated funds from an estate. Auerbach v. McKinney, 549 S.E. 2d 1022 (Ct. App. Fla. 1989).
And then dreams he of cutting foreign throats,
Of breaches, ambuscades, Spanish blades . . . .
William Shakespeare, Romeo and Juliet act 1, sc. 4, ln. 115, 16 (Compact ed. Oxford University Press 1988). Defendant was the victim of the prosecution’s ambuscade. Many a dramatist personae first appears full of high hopes, aspirations, and expectations of future happiness, only to have those hopes dashed before the final curtain. See, e.g., William Shakespeare, Romeo and Juliet (cited in SEC v. Fox, 855 F.2d 247 (5th Cir. 1988)).
[M]elted into air, into thin air.
William Shakespeare, The Tempest act 4, sc. 1, ln. 232 (Compact ed. Oxford University Press 1988). "The rhetorical devices on which Kalin primarily relies—selective quotation and added emphasis—cannot overcome the truth nor obscure the obvious: Kalin has no case. Like the ‘baseless fabric’ of Prospero’s desert island visions, Kalin’s unsubstantiated accusations are, in the cold light of day, ‘melted into air, into thin air.’" First Options of Chicago Inc. v. Kalin, 1995 U.S. Dist LEXIS 7643 (N.D. Ill). Similarly, including added reference to "this insubstantial pageant" melts into thin air. Johnson v. Commissioner, U.S. Tax Court, T.C. Memo 1992-369, 63 T.C.M. (CCH) 3197.
In law, what plea so tainted and corrupt,
but being seasoned with a gracious voice,
Obscures the show of evil?
William Shakespeare, The merchant of Venice act 3, sc. 2, ln. 75 (Compact ed. Oxford University Press 1988). Day v. Rosenthal, 170 Cal. App. 3d 1125, 1179, 217 Cal. Rptr. 89, 124 (1985).
Like a fair house built on another man’s ground.
William Shakespeare, The Merry Wives of Windsor act 2, sc. 2, ln. 216 (Compact ed. Oxford University Press 1988). The hopeless case. This passage has yet to be cited by a court. This would also be an apt passage for a case where one has, in fact, built over the property line.
3. Breach of Contract - back to top
Oft expectation fails, and most oft there
Where most it promises . . . .
William Shakespeare, All’s Well That Ends Well act 2, sc. 1, ln. 223 (Compact ed. Oxford University Press 1988). Cited in Thienes v. Harlin Fruit Co., 499 S.W.2d 223, 230 (Ct. App. Mo. 1973).
More honour’d in the breach than the observance.
William Shakespeare, Hamlet, Prince of Denmark act 1, sc. 4, ln. 34 (Compact ed. Oxford University Press 1988). Referring to treatment of the prudential rule against deciding constitutional questions when less lofty grounds are available, but could be used in contractual context. United States v. Smith, 812 F.2d 161, 167 (4th Cir. 1987).
Nay, that I mean to do. Is not this a lamentable
thing, that of the skin of an innocent lamb should
be made parchment? That parchment, being scribbled
o’er, should undo a man? Some say the bee stings;
but I say, ‘tis the bee’s wax; for I did but seal
once to a thing . . . .
William Shakespeare, The Second Part of Henry the Sixth act 4, sc. 2, 117 (Compact ed. Oxford University Press 1988). Quoted to illustrate the unfortunate consequences of executing legal documents without full appreciation of their significance. New Bedford Inst. For Sav. v. Gildroy, 36 Mass. App. Ct. 647, 634 N.E.2d 920, 923 (1994).
That keep the word of promise to our ear
And break it to our hope.
William Shakespeare, Macbeth act 5, sc. 8, ln. 40 (Compact ed. Oxford University Press 1988). Used, for example, when a party agrees to something (like arbitration) then argues that it need not abide by the decision. Lewis v. Tuscan Dairy Farms, Inc., 829 F. Supp. 665, 668 (S.D.N.Y. 1993); see also Shelby City Health Care Corp. v. AFSCME, Local 1733, 967 F.2d 1091, 1097 (6th Cir. 1992) and Hydro-Dyne v. Ecodyne Corp., 812 F.2d 1407, 1434 (6th Cir. 1987).
4. Censorship - back to top
He further stated that he considered various works by Shakespeare, such as Romeo and Juliet and Hamlet, to be "somewhat" pornographic.
Expert considered Romeo and Juliet and Hamlet to be "somewhat" pornographic. People v. Watson, 26 Ill. App. 3d 1081, 325 N.E.2d 629 (1975).
"Both themes--teenage sexual activity and the sexual abuse of children—have inspired countless literary works. William Shakespeare created the most famous pair of teenage lovers, one of whom is just 13 years of age. See Romeo and Juliet, act I, sc. 2, l. 9 ("She hath not see the change of fourteen years")." Ashcroft v. Free Speech Coalition, 122 S. Ct. 1389 (2002). Noted in striking down as overbroad provisions of the Child Pornography Prevention Act of 1996 banning sexually explicit depictions of minors even when produced without using minors. See also United States v. Sanchez, 59 M.J. 566, 569 (
[M]end your speech a little,
lest you may mar your fortunes.
William Shakespeare, King Lear act 1, sc. 1, ln. 135 (Compact ed. Oxford University Press 1988). Used to illustrate that "Governmental interference with the right of free speech and expression cannot be condoned even when the wise listener would be moved to counsel the imprudent speaker to ‘mend . . . .’" People ex rel. Gallo v. Acuna, 48 Cal. App. 4th 641, 657, 40 Cal. Rptr. 2d 589, 595 (1995). Parties sought to ban the use of Oliver Twist and The Merchant of Venice in the New York secondary schools. The court said the school board's decision to allow them must be upheld unless one can show that the board acted with anti-religious or anti-racial inclinations in selecting the books. Rosenberg v. Board of Educ. of New York, 196 Misc. 542, 92 N.Y.S.2d 344 (1949).
A school tried to discharge a teacher for assigning composition assignments based on, inter alia, Romeo’s sex drive, Juliet as an innocent nymph, and Juliet as a sex-pot. Dunham v. Crosby, 435 F.2d 1177 (1st Cir. 1970).
Again, "Live public shows that would fall under the sweep of the statute include Shakespeare’s ‘Romeo and Juliet,’ the musicals ‘South Pacific,’ ‘Hair,’ and ‘Oh! Calcutta,’ the ballets ‘Swan Lake,’ and ‘Leda and the Swan,’ and Tennessee Williams’ dramas ‘Sweet Bird of Youth’ and ‘Cat on a Hot Tin Roof.’"
State v. House, 66 Ore. App. 953, 676 P.2d 892 (1983). The dissent, however, points out that no one in these plays stuffs monetary trinkets into the performers’ leotards and fondles his private parts.
Thus, the Order sweepingly forbids any broadcast of the seven words irrespective of context or however innocent or educational they may be. For instance, the Order would prohibit the broadcast of Shakespeare’s The Tempest or Two Gentlemen of Verona. Certain passages of the Bible are also proscribed from broadcast by the Order.
Pacifica Found. v. FCC, 556 F.2d 9, 17 (D.C. Cir. 1976) rev’d, FCC v. Pacifica Found., 438 U.S. 726, 771 (1978) (The Supreme Court also quotes several passages from the Bible which would equally be banned).
Under our system of government there is an accommodation for the widest varieties of tastes and ideas. What is good literature, what has educational value, what is refined public information, what is good art, varies with individuals as it does from one generation to another. There doubtless would be a contrariety of views concerning Cervantes’ Don Quixote, Shakespeare’s Venus and Adonis, or Zola’s Nana. But a requirement that literature or art conform to some norm prescribed by an official smacks of an ideology foreign to our system.
Hannegan v. Esquire, Inc., 327 U.S. 146, 157, 66 S. Ct. 456, 462 (1946). See also U.S. v. Roth, 237 F.2d 796, 820 (2d Cir. 1956); Paper Mill Playhouse v. Millburn Twp., 95 N.J. 503, 518, 472 A.2d 517, 524 (1984); State v. Smith, 63 Ohio L. Abs. 452, 108 N.E.2d 582; 48 Ohio Op. 310 (1952)(quoting Hannegan, supra).
5. Clemency - back to top
[C]atch the conscience of the king.
William Shakespeare, Hamlet, Prince of Denmark act 2, sc. 2, ln. 844 (Compact ed. Oxford University Press 1988). Referring to overzealous tax collecting which failed to do this. This is an incorrect interpretation of the line. International Union, United Auto., Aero. & Agric. Implement Workers v. Dole, 919 F.2d 753, 763 (D.C. Cir. 1990).
In United States v. Jaffee, 314 F. Supp. 2d 216, 222 (S.D. N.Y. 2004), defendant sought a downward departure from federal sentencing guidelines for acceptance of responsibility (U.S. Sentencing Guidelines Manual sec. 3E1.1). In analyzing whether defendant’s conduct fit the definition, the court turned to Hamlet (Act III, sc. 3, ll. 36-72).
"By murdering Hamlet’s father, the king of Denmark , Claudius had become king and also had married the king’s widow. He is frank in acknowledging his crimes. ‘O, my offense is rank! It smells to heaven.’ He tries to pray for forgiveness, but realizes that this is impossible because
‘. . .what form of prayer can serve my turn? "Forgive me my foul murder"? That cannot be, since I am still possessed of those effects for which I did the murder: My crown, mine own ambition, and my queen. May one be pardoned and retain the offense?’ [citation omitted]
"To the extent that the term ‘acceptance of responsibility’ seeks to import a moral concept into the law, civilized society long before Shakespeare concluded that genuine acceptance of responsibility encompasses not simply an eloquent statement, but a recognition of the wrong committed, a resolve never to repeat it, and an attempt to ameliorate its effects to the extent possible."
6. Death, Right to Die, Death Penalty - back to top
To be, or not to be: that is the question.
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 1, ln. 99 (Compact ed. Oxford University Press 1988). So much for writers who believe that one should not use the verb "to be." Farmers Reservoir and Irrigation Co. v. McComb, 337 U.S. 755, 772 (1949) (Frankfurter, J. concurring). The case did not involve death or dying, but the line seems apt.
Vex not his ghost: O, let his pass! he hates him much
That would upon the rack of thie tough world;
Stretch him out longer.
William Shakespeare, King Lear act 5, sc. 3, ln. 562 (Compact ed. Oxford University Press 1988). Cited in a "right to die" case. Delio v. Westchester Cty. Med. Ctr., 134 Misc. 2d 206, 510 N.Y.S.2d 415, 415 (N.Y. Sup. 1986).
Ay, but to die, and go we know not where;
To lie in cold obstruction and to rot;
This sensible warm motion to become
A kneaded clod; and the delighted spirit
To bathe in fiery floods, or to reside
In thrilling region of thick-ribbed ice;
To be imprison’d in the viewless winds,
And blown with restless violence round about
the pendent world . . . .
William Shakespeare, Measure for Measure act 3, sc. 1, ln. 179 (Compact ed. Oxford University Press 1988).
But that the dread of something after death,
The undiscover'd country from whose bourn
No traveler returns . . . .
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 1, ln. 121 (Compact ed. Oxford University Press 1988). D.A. for the Suffolk Dist. v. Watson, 381 Mass. 648, 680, 411 N.E.2d 1274, 1292 (1980).
The weariest and most loathed worldly life
That age, ache, penury and imprisonment
Can lay on nature is a paradise
To what we fear of death.
William Shakespeare, Measure for Measure act 3, sc. 1, ln. 191 (Compact ed. Oxford University Press 1988). Both quoted with reference to a condemned man’s state of mind knowing the hour of his death. D.A. for Suffolk Dist. v. Watson, 381 Mass. 648, 680, 411 N.E.2d 1274, 1292 n.11 (1986). Used to argue that capital punishment is cruel and unusual. Compare, however, Lear and his willingness to pass.
Yes, truly; for look you, the sins of the father
are to be laid upon the children.
William Shakespeare, The Merchant of Venice act 3, sc. 5, ln. 6 (Compact ed. Oxford University Press 1988). Used in reference to identifying the characteristics which justify the death penalty. Tison v. Arizona, 481 U.S. 137, 184 n.20 (1987).
7. Debtor/Creditor - back to top
Words pay no debts . . . .
William Shakespeare, Troilus and Cressida act 3, sc. 2, ln. 56 (Compact ed. Oxford University Press 1988) (cited in Untied States v. Alphagraphics Franchising, Inc., 973 F.2d 429, 429 (5th Cir. 1992)).
Neither a borrower nor a lender be;
For loan oft loses both itself and friend,
And borrowing dulleth the edge of husbandry.
William Shakespeare, Hamlet, Prince of Denmark act 1, sc. 3, ln. 93 (Compact ed. Oxford University Press 1988). Used in reference to people who get themselves into credit trouble. In re Kirsh, 973 F.2d 1454, 1462 (9th Cir. 1992); In re 604 Columbus Ave. Realty Trust, 968 F.2d 1332, 1335 (1st Cir. 1992); Metropolitan Life Ins. Co. v. Promenade Towers Mut. Housing Corp., 84 Md. App. 702, 705, 581 A.2d 846, 848 (1990).
Moreover, should we not trust the debtor’s request to have music in his house? After all, "the man that hath no music in himself . . . let no such man be trusted."
William Shakespeare, The Merchant of Venice act 5, sc.1, ln. 133 (Compact ed. Oxford University Press 1988). Cited as reason to discharge liens on minor household items (apparently music). In re Fraley, 189 Bankr. 398 (W.D. Ky. 1995).
[P]assion so confus'd, so strange, outrageous, and so variable as [Girod] did utter in the streets. ‘My daughter! O my ducats! O my daughter!
William Shakespeare, The Merchant of Venice act 2, sc. 8, ln. 23 (Compact ed. Oxford University Press 1988). Apparently Girod’s daughter ran off with the bank’s money, rendering it insolvent. FDIC v. Municipality of Prince, 708 F. Supp. 464 (D. Puerto Rico) 1989).
When every feather sticks in his own wing,
Lord Timon will be left a naked Gull,
Which flashes now a Phoenix. Get you gone.
William Shakespeare, Titus Andronicus act 2, sc. 1, ln. 40 (Compact ed. Oxford University Press 1988). Quoted in case where court discusses how bankruptcy and body attachment deprive the debtor of his creditworthiness and so impair his ability to repay. Brown v. Felsen, 442 U.S. 127, 138 (1979); In re Ward, 194 Bankr. 53, 56 (D.S.C. 1995).
Immortal gods, I crave no pelf;
I pray for no man but myself:
Grant I may never prove so fond,
To trust a man on his oath or bond.
William Shakespeare, Timons of Athens act 1, sc. 2, ln. 94 (Compact ed. Oxford University Press 1988). The bail-bond business. Sims v. Manson, 25 Wis. 2d 110, 113, 130 N.W.2d 200 (1964).
8. Definitions - back to top
Manipulating definitions.
Juliet: O Romeo, Romeo! wherefore art thou Romeo?
Deny thy father, and refuse thy name;
Or, if you wilt not, be but sworn my love,
And I'll no longer be a Capulet.
Romeo: [Aside.] Shall I hear more, or shall I speak at this?
‘Tis but thy name that is my enemy.
Thou art thyself, though not a Montague.
What's Montague? it is nor hand, nor foot,
Nor arm, nor face, nor any part
Belonging to a man. O! be some other name!
What's in a name? That which we call a rose
By any other name would smell as sweet;
So Romeo would, were he not Romeo call'd,
Retain that dear perfection which he owes,
Without that title. Romeo, doff thy name;
And for that name, which is no part of thee,
Take all myself.
William Shakespeare, Romeo and Juliet act 2 sc. 2, ln. 46 (Compact ed. Oxford University Press 1988) (emphasis added). The most popular single passage, cited over 74 times. The passage is usually shortened to "What’s in a name?" or " a rose by any other name would smell as sweet." It is used most frequently in response to overly artful lawyering—manipulating definitions, fitting unfavorable facts or law into favorable categories, drawing a "distinction without a difference," trying to make a silk purse out of a sow's ear, or exalting "form over substance." For some examples, see: U.S. v. Kirvan, 86 F.3d 309, 314 (2d Cir. 1995) (armed robbery with an antique pistol is still armed robbery despite favorable treatment for antique gun dealers); Mile High Enterprises v. Dee, 192 Colo. 326, 334, 558 P.2d 568, 574 (1977) (an "arena" is a "stadium."); Tauber v. City of Chicago, 1991 U.S. Dist. LEXIS 3373 (N.D. Ill. 1991) (after citing the Bard, the court states that "[t]his whole ‘substance over form’ principle is encapsulated in the rejection of the tyranny of labels traditionally attributed to Abraham Lincoln: ‘If you call a tail a leg, how many legs has a dog? Five? No, calling a tail a leg don’t make it a leg.’"); EEOC v. Boeing Servs. Intl., 968 F.2d 549, 556 (5th Cir. 1992) (calling a cat a dog does not make it one); Bryen v. Becker, 785 F. Supp. 484, 486 (D.N.J. 1991) (nor may one "put a sign on a pig that reads horse and expect the pig to change."); In Re Acushnet River and New Bedford Harbor Proceedings re Alleged PCB Pollution, 712 F. Supp. 1010, 1015 (D. Mass. 1989) ("When a de facto merger is alleged, the court must determine ‘the substance of the agreement [regardless of] the title put on it by the parties.’"); Manthey v. San Luis Rey Down Enterprises, Inc., 16 Cal. App. 4th 782, 787, 20 Cal. Rptr. 2d 265, 268 (1993) ("Throughout its brief, San Luis Rey refers to the lien as a ‘right to reimbursement’ a ‘set off’ and an ‘offset.’ Despite the parties’ semantic differences; ‘that which we call a [lien], by any other word would smell as sweet.’"); In re L.S., 560 So. 2d 425 n.1 (Ct. App. Fla. 4th Dist. 1990) (a "certified legal intern," absent a waiver on the record, is not an attorney); Kapiolani Park Preservation Socy. v. City & Cty. of Honolulu, 69. Haw. 569, 578, 751 P.2d 1022, 1028 (Sup. Ct. Hawaii 1988) (Is it a lease or a concession? "Their denomination or characterization of the transaction, however, is not binding, for as appellant correctly notes, quoting the Bard, . . . ."); People v. Riedd, 160 Misc. 2d 733, 737, 609 N.Y.S.2d 997, 1000 (N.Y. Sup. 1993) ("[C]areful reading of the foregoing reveals the county name to be ‘Bronx’ while the borough name is ‘The Bronx.’ (citing passage). Thus is confronted the question of whether an indictment charging a crime in the ‘county of The Bronx [sic]’ is geographically erroneous and, therefore, defective and subject to dismissal." The answer is no.); Burney v. Thorn Americas, Inc., 1996 U.S. Dist. LEXIS 16179 (E.D. Wis. 1996) ("Installment payments" are that, even if labeled "option price."); Digiovanni v. Traylor Bros., 959 F.2d 1119, 1124 (lst Cir. 1992) (Sometimes it is coupled with Gertrude Stein's variation—"a rose is a rose is a rose is a rose." Gertrude Stien, Sacred Emily (1913)). Sometimes it is done without realizing the connection: Citing passage, but stating "a money transfer is a money transfer is a money transfer . . ." Western Union Financial Services, Inc. v. First Data Corp, 20 Cal. App. 4th 1530, 1534, 25 Cal. Rptr. 2d 341, 343 (2d. Dist. 1993). See also Bryen v. Becker, 785 F. Supp. 484, 486 (D.N.J. 1991) (Is it property damage (compensable) or reputation damage (not compensable)? What does "to take" mean when applied to intangibles, like a liquor license?). One might respond with citation to The Merchant of Venice that reputation and property are the same:
You take my house when you do take the prop
That doth sustain my house; you take my life
When you do take the means whereby I live.
William Shakespeare, The Merchant of Venice act 4, sc. 1, ln. 385 (Compact ed. Oxford University Press 1988). See also, Redevelopment Auth. of Philadelphia v. Lieberman, 461 Pa. 208, 336 A.2d 249, 252 (1973); U.S. v. Johnston, 41 M.J. 13, 17 (U.S. Ct. of Mil. Appeals 1994) (What’s in a urine sample? After citing the passage, the court asks "[w]hether one uses a prism or a microscope, a urine sample containing metabolites of a controlled substance is still a urine sample containing metabolites of a controlled substance."); McIntosh v. Helton, 828 S.W.2d 364, 367 (Sup. Ct. KY. 1992) (Are two initials a name? "Today, due to a quantum leap of statutory interpretation, the majority of this court has answered that question. A name is not a name, but is two initials."). It is cited when considering artful or unartful pleading to create or defeat federal jurisdiction. See Royal v. Leading Edge Prods, 833 F.2d 1, 5 (lst Cir. 1987) ("[W]e must parse causes of action as they are, not as the pleader might fondly wish they were. The jurisdiction of the federal district courts cannot be manipulated by the simple expedient of creative labeling. Accordingly, we decline appellant's invitation to dance at a masquerade ball."). Malinowski v. Playboy Enterprises, 706 F. Supp. 611, 616 (N.D. Ill. 1989); Marschalk Co. v. Iran Natl. Airlines Corp, 518 F. Supp. 69, 83 (S.D.N.Y. 1981) ("While it may be that ‘suspending’ the claims without limit is more acceptable in a public relations sense than ‘terminating’ or ‘nullifying’ the claims, the result in either case is to prevent claimants from asserting their rights in federal court. I must deal with this reality rather than the niceties of language. ‘[A] rose . . . .’").
To be or not to be.
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 1, ln. 55 (Compact ed. Oxford University Press 1988). See Farmers Reservoir and Irrigation Co. v. McComb, 337 U.S. 755, 772 (1949) (May a party commercially produce agricultural crops and, and the same time, not be "employed in agriculture?" "If the Court could say ‘To be or not to be: that is the question,’ it might reasonably answer in support of either side. But here the Court tells us that the real solution of this dilemma is ‘to be’ and ‘not to be’ at the same time.") (Frankfurter, J., concurring). Daniel Kornstein believes that Justice Felix Frankfurter displayed many Hamlet-like traits in his jurisprudence (especially when arguing for judicial inaction) and, therefore, does not find his reference toHamlet surprising. Daniel J. Kornstein, Kill all the Lawyers?: Shakespeare’s Legal Appeal pp. 98-99 (1994).
Mewing and pucking.
William Shakespeare, As You Like it act 2, sc. 7, ln. 189 (Compact ed. Oxford University Press 1988). See Lett v. State, 727 S.W.2d 367, 370 (Ct. App. Tx. 1987) (Defining "mew" and "puke." Was prosecutor’s comment that defendant was "‘mewin and pewkin’ about what you’re going to do" impermissible comment on defendant’s failure to testify?)).
Definition of "business" and "affairs."
William Shakespeare, Othello act 3, sc. 3; William Shakespeare, Julius Caesar act 4, sc. 3; William Shakespeare, As You Like it act 3, sc. 3; William Shakespeare, King Henry the Eighth act 2, sc. 2; William Shakespeare, Measure for Measure act 5, sc. 1, ln. 44, 85, 111, 132. See Territory ex rel. Curran, 12 N.M. 254, 78 P.2d 139 (1904) (The court cites the preceding plays for these definitions; good luck in finding the words there)
First use of the word "twin" as meaning "born at the same birth."
William Shakespeare, The Comedy of Errors act 1, sc. 1, ln. 65 (Compact ed. Oxford University Press 1988). Cited device of introducing a twin in a criminal case. Likewise, for switching horses. De Leon Lopez v. Coporacion Insular de Sequros, 931 F.2d 116, 119 (1st Cir. 1991).
To a nunnery, go and quickly too.
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 1, ln. 142 (Compact ed. Oxford University Press 1988). Cited with reference to need for putting words (such as "felony") into their historical context. What was a felony at common law has little relevance to what is a felony today. "Nunnery" was Elizabethan slang for a house of prostitution. United States v. Watson, 423 U.S. 411, 438 (1975).
Definition of "pith" or "pitch."
William Shakespeare, The Taming of the Shrew act. 3, sc. 1, ln. 103. (cited in Allen v. Shelby Cty, 17 Fair Empl. Prac. Cas. (BNA) 849 (1978)).
Thrift, thrift, Horatio! The funeral-baked meats
Did coldly furnish forth the marriage tables.
William Shakespeare, Hamlet, Prince of Denmark act 1, sc. 2, ln. 230 (Compact ed. Oxford University Press 1988). Ex Parte Suzanna, 295 F. 713, 715 (1924)(defining "marriage").
[L]et me not to the marriage of true minds
Admit impediments; love is not love
Which alter when it alteration finds.
William Shakespeare, Sonnet 116 (Compact ed. Oxford University Press 1988). Used to show different meanings of "marriage." Dean v. District of Columbia, 653 A.2d 307, 308 (Ct. App. D.C. 1995); See also Ex Parte Suszanna, 295 F. 713, 715 (1924).
The players cannot keep counsel,
They tell all.
United States v. Watson, 423 U.S. 411, 438 (1975). Used to illustrate the secret nature of "counsel."
Hamlet: Ay, marry, why was he sent into England?
Clown: Why, because he was mad; he shall recover his wits there; or, if he do not, ‘tis no great matter there.
Hamlet: Why?
Clown: ‘Twill not be seen in him there; there the men are as mad as he.
William Shakespeare, Hamlet, Prince of Denmark act 5, sc. 1, ln. 227 (Compact ed. Oxford University Press 1988). Defining the word "mad." Yorty v. Chandler, 13 Cal. App. 3d 467, 474, 91 Cal. Rptr. 709, 713 (1970).
There’s a divinity that shapes our ends,
Rough-hew them how we will.
William Shakespeare, Hamlet, Prince of Denmark act 5, sc. 2, ln. 17 (Compact ed. Oxford University Press 1988). Cited in a case involving the definition of insanity by discussing being master of one’s fate versus a fate that overwhelms and destroys a person. People v. Martin, 386 Mich. 407, 415, 192 N.W.2d 215, 219 (1971).
[S]hall we now
Contaminate our fingers with base bribes . . .
William Shakespeare, Julius Caesar act 4, sc. 3, ln. 36 (Compact ed. Oxford University Press 1988) (italics added). In opinion attempting to define "contaminate" and "contact" as derivatives of the Latin "tangere." Hi-G, Inc. v. St. Paul Fire & Marine Ins. Co., 283 F. Supp. 211, 213 (D.C.Mass. 1967) (Contaminated can mean "corrupted.").
[N]ow keep you your holy word: go meet the French,
And from his holiness use all your power
To stop their marches ‘fore we are inflam’d.
Our discontented countries do revolt;
Our people quarrel with obedience,
Swearing allegiance and love of soul
To stranger blood, to foreign royalty.
This inundation of mistemper’d humour
Rests by you only to be qualified.
William Shakespeare, King John act 5, sc. 1, ln. 15 (Compact ed. Oxford University Press 1988). Shakespeare used the term "inundation" to convey the forced acquiescence of his British subjects to a seemingly overwhelming French invasion. See Wagner v. Director, 658 F. Supp. 1530, 1537 (D.C. Mass. 1987) (citing the passage in a flood damage case, the court said, "In fact, the sterile application of such definitions often misses the broader understanding of terms woven into the language and terminology of a homogeneous group.").
Our children’s children
Shall see this, and bless heaven
Definition of "grandchildren."
William Shakespeare, LOVES LABOUR’S LOST, act 1, sc. 1, ln. 350 (Compact ed. Oxford University Press 1988); William Shakespeare, HENRY VIII, act 5, sc. 5, ln. 85 (Compact ed. Oxford University Press 1988). See In re Estate of Englis, 54 N.J. 350, 360, 255 A.2d 242, 248 (1969) (construing a will, the court stated: "When Thomas Fuller in Knomologia wrote ‘We are all Adam's children,’ he did not mean thereby that we are Cain and Abel and when Shakespeare in Love’s Labour’s Lost wrote of ‘our grandmother, Eve,’ he did not mean that he was the third generation in descent from ‘the first parents,’ and when Henry VIII used the lines he apparently had no intention of depriving heaven of the ‘blessing’ of great-grandchildren.’"); See also Carter Estate, 435 Pa. 492, 499, 257 A.2d 843, 847 (1968).
Macbeth does murder sleep
William Shakespeare, Macbeth act 2, sc. 2, ln.76 (Compact ed. Oxford University Press 1988). See Wright v. United States, 108 F. 805, 816 (5th Cir. 1901) (also citing Chaucer "Mordre will out" and the sixth commandment). For proposition "murder," without more, includes the sense of English writers and need not include in the statute the words "malice" or "aforethought." Id.
What will you do?
Let’s not consort with them:
To show an unfelt sorrow
is an office which the false man does easy.
William Shakespeare, Macbeth act 2, sc. 3, ln. 270 (Compact ed. Oxford University Press 1988). Definition of "to consort with." The court quotes "what will you do? Let’s notconsort with them: To show an unfelt sorrow is an office which the false man does easy."Id.
Move under the influence of the most received Star.
William Shakespeare, All’s Well that Ends Well act 2, sc. 1, ln. 95 (Compact ed. Oxford University Press 1988). Used in a case arguing that the phrase, when not further defined, does not give adequate notice of the proscribed motor vehicle driving behavior. Govt. of the Virgin Islands v. Tonge, 34 V.I. 56, 58 (1996). The case also cites a case suggesting that one may be "under the influence" after taking the Host at church on Sunday. Id.
life is a shuttle
William Shakespeare, Merry Wives of Windsor act 5, sc. 1, ln. 36 (Compact ed. Oxford University Press 1988). What does "shuttle" mean? "For instance, in a creative application of the word, William Shakespeare, in Merry Wives of Windsor, in 1598, wrote that "life is a shuttle." Walt Whitman, in the 19th Century spoke of "the musical shuttle out of the mockingbird’s throat." By 1891, the application of the term "shuttle" to transportation was well documented in America. Eastern Air Lines, Inc. v. New York Air Lines, Inc., 559 F. Supp. 1270, 1274 (S.D.N.Y. 1983).
The noisome weeds, that without profit suck
The soil’s fertility from wholesome flowers.
William Shakespeare, The Life and Death of King Richard the Second act 3, sc. 4, ln. 63 (Compact ed. Oxford University Press 1988); In re Simmons, 175 Bankr. 624, 626 (1994) (Is a credit union a "non-profit?").
I do remember an apothecary, —
And hereabouts he dwells, — which late I noted
In tatter’d weeds, with overwhelming brows,
Culling of simples; meager were his looks,
Sharp misery had worn him to the bones:
And in his needy shop a tortoise hung,
An alligator stuff’d, and other skins
Of ill-shaped fishes . . . .
William Shakespeare, Romeo and Juliet act 5, sc. 1, ln. 57 (Compact ed. Oxford University Press 1988). Suit over ownership of a tortoise. Jett v. Municipal Court for the San Diego Judicial Dist. of San Diego City, 177 Cal. App. 3d 664, 670, 223 Cal. Rptr. 111, 115 (1986) (Definition of "tortoise."). This slow-moving, grass-grazing giant tortoise is not a fighting animal. Shakespeare considered it a kind of fish.
The outcome of this case, in my view, turns on the definition of ‘marriage.’ Shakespeare in his 116th Sonnet wrote of ‘The marriage of true minds.’ In the game of pinochle, the king and queen of the same suit are referred to as a ‘marriage’ when those cards are held by the same player; if that suit is trump, the combination of king and queen is a ‘royal marriage.’ But these and similar expressions are only metaphors, figures of speech derived from the literal meaning of the word . . . ."
Dean v. District of Columbia, 653 A.2d 307 (Ct. App. D.C. 1995) (Definition of "marriage.") (Emphasis added).
The Ninth Circuit explained the distinction between tangible and intangible aspects of a publication as follows: A book
U.S. v. Miller, 44 M.J. 549, 555 (1996) (Definition of "pander."). See also People v. Smith, 246 Mich. 393, 395, 224 N.W. 402, 403 (Sup. Ct. Mich. 1929).
Definition of "reside " for tax purposes:
The very instant that I saw you, did my heart fly to your service, there resides to make me slave to it.
William Shakespeare, The Tempest, act 3, sc. i. Paul Dinto Elec. Contrs., Inc. v. City of Waterbury , 266
9. Delay, Procrastination, Statute of Limitations - back to top
And so, from hour to hour, we ripe and ripe,
And then from hour to hour, we rot and rot,
and thereby hangs a tale.
William Shakespeare, As You Like it act 2, sc. 7, ln. 39 (Compact ed. Oxford University Press 1988). Florida Mun. Liab. Self Insurers Program v. Mead Insurance Corp., 1993 U.S. Dist. LEXIS 7501; 7 Fla. Law W. Fed. D. 191 (S.D. Fla.) (referring to extensions of time, etc.).
The law’s delay.
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 1, ln. 115 (Compact ed. Oxford University Press 1988). See American Trade Ptnrs. v. Jrd, Ltd., 1992 U.S. Dist. LEXIS 8984 (E.D. Pa.)
Defer no time, delays have dangerous ends.
William Shakespeare, The First Part of King Henry the Sixth act 3, sc. 2, ln. 63 (Compact ed. Oxford University Press 1988). See Zenila Realty Corp. v. Masterandrea, 123 Misc. 2d 1, 1, 472 N.Y.S.2d 980, 981 (1984).
Time shall unfold what plaited cunning hides;
How cover faults, at last shame them derides.
William Shakespeare, King Lear act 1, sc. 1, ln. 302 (Compact ed. Oxford University Press 1988). Fraudulent concealment and the running of the statute of limitations. Cox v. Upjohn Co. 913 S.W.2d 225, 231 n.6 (Ct. App. Tex. 1995).
Come what, come may,
Time and the hour runs through the roughest day.
William Shakespeare, Macbeth act 1, sc. 3, ln. 225. See Morris v. Government Dev. Bank of Puerto Rico, 27 F.3d 746, 751 (1st Cir. 1994) (the party allowed too much time to pass before instituting legal action).
The "tomorrow, and tomorrow, and tomorrow" of government will be allowed to "creep in [their] petty pace from day to day" without benefit of the "last syllable of recorded time."
Armstrong v. Executive Office of the President, 1 F.3d 1274, 1285 (D.C. Cir. 1993) (citing William Shakespeare, Macbeth act 5, sc. 5, ln. 39).
In delay there lies no plenty.
William Shakespeare, Twelfth Night act 2, sc. 3, ln. 53 (Compact ed. Oxford University Press 1988). Denying leave to amend because of delay. Hindo v. University of Health Sciences, 65 F.3d 608, 615 (7th Cir. 1995).
10. Desuetude, Dead Letter Laws - back to top
We must not make a scarecrow of the law,
Setting it up to fear the birds of prey,
And let it keep one shape till custom make it
Their perch, and not their terror.
William Shakespeare, Measure for Measure act 2, sc. 1, ln. 4 (Compact ed. Oxford University Press 1988). "[T]he sudden revival of long forgotten law carrying harsh penalties (the theme of Measure for Measure, where the law in question imposed the death penalty for fornication) might encounter a defense of desuetude." Central National Bank of Mattoon v. U.S. Dept. of Treasury, 912 F.2d 897, 906 (7th Cir. 1990); See also Collazo v. Estate, 940 F.2d 411, 433 (9th Cir. 1991); United States v. Lynch, 499 F.2d 1011, 1032 n.13 (D.C. Cir. 1974); Nigido v. First Nat’l Bank of Baltimore, 264 Md. 702, 704, 288 A.2d 127, 128 n.1 (1972); Fields v. Luther, 1988 WL 121791, 28 Wage & Hour Cas. (BNA) 1452, 1988 U.S. Dist. Lexis 5405 (1988).
The law hath not been dead, though it hath slept.
William Shakespeare, Measure for Measure act 2, sc. 2, ln. 178 (Compact ed. Oxford University Press 1988). Cited in Farr v. Designer Phosphate & Premix Intl., Inc., 804 F.Supp. 1190, 1198 (D. Neb. 1992) (used to excuse resurrection of an old law in one case). Committee on Legal Ethics of the West Virginia State Bar v. Printz, 187 W.Va. 182, 187, 416 S.E.2d 720, 725 (1992) (used to find repeal "by the silent agreement of everyone expressed through desuetude" in another). See also Farr v. Designer Phosphate & Premix Int’l., Inc., 804 F. Supp. 1190, 1198 n.9 (D. Neb. 1992); United States v. Elliot, 266 F. Supp. 318, 326 n.6 (1967); Waldron v. B.P., 231 F. Supp. 72, 95 (S.D.N.Y. 1964).
[L]aws for all faults
But calls so countenanced that the strong statutes
Stand like the forfeits in a barber’s shop
As much in mock and mark.
William Shakespeare, Measure for measure act 5, sc. 1, ln. 481 (Compact ed. Oxford University Press 1988). Shakespeare in Measure for Measure portrayed the laxity of law enforcement in the area of barbershops. State v. Lanier, 50 N.C. App. 383, 273 S.E.2d 746 (1981) (Also, a bloodhound case where the evidence was excluded: "The jury, passing on the prisoner’s life, May in the sworn twelve have a thief or two Guiltier than him they try." William Shakespeare, Measure for Measure act 2, sc. 1, ln. 19).
11. Evidence - back to top
To be, or not to be: that is the question.
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 1, ln. 91 (Compact ed. Oxford University Press 1988). See People v. Bell, 127 Misc.2d 43, 485 N.Y.S.2d 416 (1985) (In this case the question was: "Is this evidence to be admissible at a new trial or is it not to be admissible at a new trial?").
A. Circumstantial Evidence - back to top
"There needs no ghost, my lord, come from the grave to tell us this."
William Shakespeare, Hamlet, Act 1, sc. 5. Carbone v. Tierney, 2004 N.H. LEXIS 154 (Supreme Ct. N.H. 2004)(dissenting opinion). Like leaving a sponge inside a patient, the Judge was of the view that the facts where sufficiently obvious that no expert opinion should be required on issue of causation.
[What] makes the unskillful laugh, cannot but make the judicious grieve.
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 2, ln. 27 (Compact ed. Oxford University Press 1988). Used in reference to the many ways in which evidence might be viewed, thus denying a motion for summary judgment. Shaw v. Lindheim, 919 F.2d 1353, 1360 (9th. Cir. 1990). Larson v. State Personnel Bd., 28 Cal. App. 4th 245, 280, 33 Cal. Rptr. 2d 412, 422 (1994).
More honour’d in the breach than the observance.
William Shakespeare, Hamlet, Prince of Denmark act 1, sc. 4, ln. 34 (Compact ed. Oxford University Press 1988). Evidence of a custom which is not consistently followed. U.S. v. Thomas, 250 F. Supp. 771 (S.D.N.Y.).
[W]e defy augury . . .
William Shakespeare, Hamlet, Prince of Denmark act 5, sc. 2, ln. 240 (Compact ed. Oxford University Press 1988). Cited in U.S. v. Cox, 464 F.2d 937, 944 (6th Cir. 1972). Court’s refusal to speculate on tactics.
Who finds the heifer dead and bleeding fresh,
And sees fast by a butcher with an axe,
But will suspect ‘twas he that made the slaughter?
William Shakespeare, The Second Part of King Henry the Sixth act 3, Sc. 2, ln. 254 (Compact ed. Oxford University Press 1988). Used to illustrate the strength of circumstantial evidence (burglary tools, etc.) when no one actually saw the defendant commit the crime. Wilkins v. State, 264 S.E.2d 411, 413 (1972); State v. Smith, 36 Wisc. 2d 584, 589, 153 N.W.2d 538, 541 (1967).
Lady Macbeth: Why did you bring these daggers from the place?
They must lie there: go carry them; and smear
The sleepy grooms with blood.
Macbeth: I’ll go no more . . . .
Lady Macbeth: Infirm of purpose! Give me the daggers . . . .
I’ll gild the faces of the grooms withal;
For it must seem their guilt.
William Shakespeare, Macbeth act 2, sc. 2, ln. 92 (Compact ed. Oxford University Press 1988). Used by a dissenting judge to argue for a circumstantial evidence instruction. Hawkins v. State, 646 S.W.2d 191, 203 (Tex. Crim. App. 1983).
All that glitters is not gold
Often have you heard that told.
William Shakespeare, The Merchant of Venice act 2, sc. 7, ln. 65 (Compact ed. Oxford University Press 1988). Often misquoted, as here. The word is "glisters." See Deborah Leslie, Ltd., v. Rona, Inc., 630 F. Supp. 1250, 1251 (D.R.I. 1986) (Used in reference to a dispute about purity of silver); Johnson v. Commissioner, T.C. Memo 369, 1992 Tax. Ct. Memo LEXIS 393 (1992). While not used in this sense, it seems a good caution against the appeal of circumstantial evidence.
Trifles light as air
Are to the jealous, confirmation strong
As proofs of holy writ.
William Shakespeare, Othello act 3, sc. 3, ln. 364 (Compact ed. Oxford University Press 1988). Used in the context of debunking the notion that "silence gives consent" as a rule of evidence and "where there is smoke there is fire," meaning that if enough people circulate a slander, there must be a basis in fact. Commonwealth v. Vallone, 347 Pa. 419, 429, 32 A.2d 889, 893 (1943). Circumstantial evidence was the downfall of Othello:
When Iago left Desdemona's handkerchief in Cassio's lodgings, see Shakespeare’s Othello, Othello could surely have profited from consideration of some cautionary advice as to the unreliability of circumstantial evidence. And we all know what happened to Othello, don’t we? Let us, however, hope and pray that the same tragic ending is not in store for accused criminal defendants of this State, who are confronted with beguiling evidence of suspicious circumstances, but who are judged by juries which are not favored with an instruction on the law of circumstantial evidence.
Hawkins v. State, 646 S.W.2d 191, 203 (Tex. Crim. App. 1983) (Cited by dissent). Oddly, this is the only cite to this valuable lesson from Othello!
B. Dying Declarations - back to top
To be, or not to be: that is the question.
William Shakespeare, Hamlet Prince of Denmark act 3, sc. 1, ln. 91 (Compact ed. Oxford University Press 1988). Cited in dying declaration case re feelings engendered in souls of men faced with death. Commonwealth v. Douglas, 461 Pa. 749, 758, 337 A.2d 860, 864 (1975).
O, but they say the tongues of dying men
Enforce attention like deep harmony:
Where words are scarce, they are seldom spent in vain,
For they breathe truth that breathe their words in pain.
William Shakespeare, The Life and Death of King Richard the Second act 2, sc. 1, ln. 13 (Compact ed. Oxford University Press 1988). See People v. Smith, 214 Cal. App. 3d 904, 907, 263 Cal. Rptr. 155, 157 (1989).
Will all great Neptune's ocean wash this blood
Clean from my hands?
William Shakespeare, Macbeth act 2, sc. 2, ln. 111 (Compact ed. Oxford University Press 1988). See Hall v. Schoenwetter, 1995 Conn. Super. LEXIS 2800 (Feelings of guilt regarding the theft of a Stradivarius. He confessed on his deathbed, after a life of silence).
Sal: May this be possible? May this be true?
Mel: Have I not hideous death within my view,
Retaining but a quantity of life,
Which bleeds away, even as a form of wax
Resolveth from his figure ‘gainst the fire?
What in the world should make me now deceive,
Since I must lose the use of all deceit?
Why should I then be false, since it is true
That I must die here and live hence by truth?
I say again . . .
William Shakespeare, The Life and Death of King JOHN act 5, sc. 4, ln. 22 (Compact ed. Oxford University Press 1988). See People v. Gezzo, 307 N.Y. 385, 388, 121 N.E.2d 380, 381 (1954).
So come my soul to bliss as I speak true. . . .
William Shakespeare, Othello act 5, sc. 2, ln. 247 (Compact ed. Oxford University Press 1988). This phrase, spoken by the dying Emilia in vindication of Desdemona, has yet to be cited by a court. While courts cite to the above passages to support the trustworthiness of dying declarations, none has cited Desdemona’s false dying assertion that she, and not Othello, killed herself:
Emilia: O! Who has done this deed?
Desdemona: Nobody. I myself. Farewell!
William Shakespeare, OTHELLO, Act 5, sc. 2, ln. 150 (Compact ed. Oxford University Press 1988).
C. Expert Opinions - back to top
Opinions of the experts whose business it is to find "sermons in stones and good in everything" do not count for much.
U.S. v. One Carton Positive Motion Picture Film Entitled "491", 367 F.2d 889, 906 (2d Cir. 1966) (citing William Shakespeare, As You Like it act 2, sc. 1, ln. 17).
My pulse, as your, doth temperately keep time,
And makes as healthful music. It is not madness
That I have utter’d: bring me to the test.
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 4, ln. 140 (Compact ed. Oxford University Press 1988). Cited in McArdle v. Tronetti, 769 F. Supp. 188, 189 (D. Pa. 1991) (referring to a rush to psychiatric judgment).
[F]ull of sound and fury,
Signifying nothing.
William Shakespeare, Macbeth act 5, sc. 5, ln. 47 (Compact ed. Oxford University Press 1988). Used with reference to bombastic arguments of little merit. Central Pennsylvania Teamsters Pension Fund v. McCormick Dray Line Inc., 85 F.3d 1098, 1110 (3d Cir. 1996); Action for Children’s T.V. v. FCC, 821 F.2d 747 n.6 (D.C. Cir. 1987). Also, used to describe a process without benefit of confrontation. McNeil v. Butz, 480 F.2d 314, 322 (4th Cir. 1973). Also, it is used in reference to some questionable statistical evidence. Cebula v. G.E. 614 F. Supp. 260, 265 (N.D. Ill. 1985).
But that I am forbid
to tell the secrets of my prison-house,
I could a tale unfold whose lightest word
Would harrow up thy soul, freeze thy young blood
William Shakespeare, Hamlet, Prince of Denmark act 1, sc. 5, ln. 13 (Compact ed. Oxford University Press 1988). Must have been a real bad case! People v. Brown, 5 Cal. App. 4th 950, 955 n.2, 7 Cal. Rptr. 2d 370, 373 n.2 (1992).
D. Gory Evidence - back to top
If you have tears, prepare to shed them now.
William Shakespeare, Julius Caesar act 3, sc. 2, ln. 252 (Compact ed. Oxford University Press 1988). Detailing Haitian abuses in an asylum application. Coumou v. United States, 1995 U.S. Dist. LEXIS 6665 at 2 (E.D. La.).
In United States v. Sampson, 2004 U.S. Dist. LEXIS 17111 (D. Mass (2004), the court excluded the bloody shirt of the victim from evidence. In fn.9 the Court explains that displaying clothing of the dead is an age-old strategy for inciting desire for revenge. The Court cites the crowd’s reaction to Marc Antony’s display of Caesar’s bloody toga ("We will be revenged," "Revenge! About! Seek! Burn! Fire! Kill! Slay! Let not a traitor live!"). Julius Caesar, act 3, sc. 2.
E. Guilty Conduct - back to top
[C]atch the conscience of the king
William Shakespeare, Hamlet, Prince of Denmark act 2, sc. 2, ln. 884 (Compact ed. Oxford University Press 1988). See Int’l Union v. Dole, 919 F.2d 753, 763 (D.C. Cir. 1990) (Referring to overzealous tax collecting that failed to do this. This is an incorrect interpretation of the line. In the scene, the King’s flight upon seeing the player’s depict him as a murderer shows to Hamlet and Horatio the King’s consciousness of his guilt.).
It must follow, as the night the day.
William Shakespeare, Hamlet, Prince of Denmark act 1, sc. 3, ln. 79 (Compact ed. Oxford University Press 1988). See Hanger v. State Hwy. Dept., 64 Mich. App. 572, 236 N.W.2d 148 (1975) (citing to show when a conclusion is clearly compelled).
Thus conscience does make cowards of us all.
William Shakespeare, Hamlet, Prince of Denmark act 3, sc. 1, ln. 126 (Compact ed. Oxford University Press 1988). Cited in State v. Patterson, 516 S.W.2d 571 (Mo. App. 1974), referring, erroneously, I think, to the notion that conscience makes us act guiltily, not, as in the context, procrastinate.
Suspicion always haunts the guilty mind;
The thief doth fear each bush an officer.
William Shakespeare, The Third Part of King Henry the Sixth act 5, sc. 6, ln. 11 (Compact ed. Oxford University Press 1988). See U.S. v. Lopez-Barajas, 412 F. Supp. 1007, 1010 (E.D.N.Y. 1976).
Here, under leave of Brutus and the rest—
For Brutus is an honorable man;
So are they all, all honorable men—
Come I to speak in Caesar’s funeral.
He was my friend, faithful and just to me:
But Brutus says he was ambitious;
And Brutus is an honorable man.
He hath brought many captives home to Rome
Whose ransoms did the general coffers fill.
William Shakespeare, Julius Caesar act 3, sc. 2, ln. 135 (Compact ed. Oxford University Press 1988). Used to argue that silence, like killing Caesar, is consistent with honor. Lakeside v. Oregon, 435 U.S. 333, 345 n.6 (1978).
A little water clears us of the deed.
William Shakespeare, Macbeth act 2, sc. 2, ln. 126 (Compact ed. Oxford University Press 1988). The fact that the defendant was washing away blood could be used as evidence of guilt of murder. State v. Shanahan, 404 A.2d 975, 981 n.8 (Sup. Ct. Maine 1975).
Dramatists plumbing the depths of human psychology have portrayed conduct as revelatory of guilt. One of the greatest of them declared: ‘Unnatural deeds do breed unnatural actions; infected minds to their deaf pillows will discharge their secrets.’
Commonwealth v. Karmendi, 328 Pa. 321, 343, 195 A. 62, 71 (1937) (citing William Shakespeare, Macbeth act 5, sc. 1, ln. 105. The proper words are "unnatural troubles.").
And then it started, like a guilty thing
Upon a fearful summon.
William Shakespeare, Hamlet, Act 1, sc. 1, ln. 164 (Compact ed Oxford University Press 1988). This comment on guilt and flight has yet to be cited by a court. It was not guilt, but the crowing of the cock heralding the dawn, that caused the ghost of Hamlet’s father to "start" and disappear.
So full of artless jealousy is guilt
It spills itself in fearing to be spilt.
William Shakespeare, Hamlet act 4, sc. 5, ln. 19 (Compact ed. Oxford University Press 1988). Again, Hamlet comments on the propensity of the guilty, due to their "jealousy" (meaning suspicion), to confess through their own demeanor. Again, too, this passage has yet to be cited by a court.
An honest man, sir, is able to speak for himself, when a knave is not.
William Shakespeare, The Second Part of Henry IV act 5, sc. 1, ln. 45 (Compact ed. Oxford University Press 1988). A useful comment when a party or witness fails to deny an accusation, although probably unconstitutional if uttered by the prosecution when the defendant fails to take the stand. It has not yet been cited by a court.
12. Equity/Mercy - back to top
Vengeance proud.
William Shakespeare, Coriolanus act 2, sc. 2, ln. 6 (Compact ed. Oxford University Press 1988). A court of equity is less likely to listen to one who is "vengeance proud." See Laskowitz v. Marie Designer, Inc., 119 F. Supp 541, 556 (S.D. Cal. 1954).
This even-handed Justice,
Commends the ingredients of our poison’d chalice
To our own lips.
William Shakespeare, Macbeth act 1, sc. 7, ln. 10. Cited in Robbins & Stearns Lumber Co. v. Thatcher, 453 N.W.2d 613, 616 (Sup. Ct. S.D. 1990).
The quality of mercy is not strain’d,
It droppeth as the gentle rain from Heaven
Upon the place beneath: It is twice blest:
It blesseth him that gives and him that takes:
'Tis mightiest in the mightiest; it becomes
The throne’d monarch better than his crown . . .
Mercy is above this sceptred sway;
It is enthrone’d in the hearts of kings,
It is an attribute to God himself.
William Shakespeare, The Merchant of Venice act 4, sc. 1, ln. 184. Noted in reference to the right of allocution.
But when are mercy and compassion appropriate? This question can present a dilemma for judges, and I assume the same is true for the police and prosecutors. A dilemma exists because justice, mercy, and compassion are so different. Mercy and compassion are gifts that can be bestowed. They are not rights to which a wrongdoers is entitled. Shakespeare said it well in the Merchant of Venice when he wrote: [quoting the above passage]. Is it wise for us to have a system that permits mercy to season justice? Should the people grant to government officials the power to act mercifully? Does the general welfare and common good—the commonweal—require that mercy be part of the justice system? I submit that we want a system that allows for both justice and mercy; otherwise, we become a society that is rigid, unduly strict, unbending, and myopic in its pursuit of justice." State v. Streiff, 673 N.W. 2d 831 (Supreme Ct. Minn 2004)(Concurring opinion)
Also noted in reference to the right of allocution. See Perales v. Casillas, 903 F.2d 1043, 1053 (5th Cir. 1990) (Cited in dissent—inspired by our constitution, mercy emanates from the empyrean, not from the executive branch, or in this case, the attorney general’s scepter); In re Freligh, 894 F.2d 881, 886 (7th Cir. 1989) (this speech, though cast in terms of mercy, "is thought by some scholars to have been influenced by, and perhaps even to have influenced, English equity practice."); United States Fid. & Guar. Co. v. Welch, 854 F.2d 459, 461 (11th Cir. 1988) (An insurance company’s right to take sworn statements from the insured is bounded by the contract—i.e., it must, as with Shylock’s claim, be "nominated in the bond."); Leasing Serv. Crop v. Justice, 973 F.2d 70 (D. Conn. 1982) (cited as example of courts grappling with oppressive contracts through the doctrine of unconscionability. It would have been unjust to award the pound of flesh.); American-Hawaiian S.S. Co. v. United States, 124 F. Supp. 368, 369 (Ct.Cl. 1954) (used in context of interpreting the meaning of "just" compensation. "It frequently requires give and take. For one to demand all that the law allows may do injustice to the other."); In re Durrett, 187 Bankr. 413, 1995 Bankr. Lexis 1473 (1995) (does the bankrupt estate, or the debtor, possess the pre-petition tort action arising from an automobile accident? In other words, does the estate have an interest literally "in the body of the debtor?"); In re Keniston, 60 Bankr. 742, Bankr. L. Rep. (CCH) P71, 162 (1986) (cited when considering "the literal language of the ‘document you signed’ as opposed to the underlying intent of the parties, has a good bit of the flavor of . . . .").
And earthly power doth then show likest God’s
When mercy seasons justice.
William Shakespeare, The Merchant of Venice act 4, sc. 1, ln. 184. Distinguishing between reviewing sentence appropriateness (justice) and clemency (mercy). The court considers these, like justice and mercy in the Old and New Testaments, to be distinct concepts. See U.S. v. Healy, 26 M.J. 394, 1988 CMA LEXIS 2530 (1988).
[M]ercy is above this sceptred sway,
It is enthroned in the hearts of kings,
It is an attribute to God himself;
and earthly power doth then show likest God’s,
When mercy seasons justice.
William Shakespeare, The Merchant of Venice act 4, sc. 1, ln. 184 (Compact ed. Oxford University Press 1988). Clemency is defined as the "Disposition to treat with less rigor than one’s authority or power permits; mercy." Webster’s New Int’l Dictionary 501 (2d ed.). The general power to exercise clemency belongs to the sovereign. Thus, it has been said, "Clemency is the ornament of princes." See U.S. v. Lanford, 6 U.S.C.M.A. 371, 20 C.M.R. 87 (1955). Since court’s mistakes will "be recorded for a precedent," the court should fix them rather than be bound by precedent. An Alaskan court cites interesting poem of Maurice Evan Hare:
There once was a man who said ‘Damn!
It is borne in upon me I am
An engine that moves
In predestinate grooves, I’m not even a bus, I’m a tram.’
Tatum v. Schering Corp, 523 S.E.2d 1042, 1063 (Sup. Ct. Ala. 1988) (citing Maurice Evan Hare); See also Cooper v. Carlson, 511 P.2d 1305, 1311 (Sup. Ct. Alaska, 1973) (court must "evaluate the purity of color of the chargers on which each side rides." Issue was attorney fees); Johnson v. State, 501 S.E.2d 158, 159 (Ct. App. Fla. 1987) (court cites passage when relieving defendant from 5-year sentence imposed for failure to appear pursuant to plea bargain. The defendant had been arrested for a traffic infraction on the appearance date); In re Green, 1988 LEXIS 142 (1988) ("Dissent would, because of attorney’s unblemished record, use mercy and not disbar attorney caught up on Greylord sting."); People v. Willet, 44 Ill. App. 3d 545, 358 N.E.2d 657 (1976) (cited in refusing the state’s motion to strike a poorly drafted pro per brief); Uninsured Employers’ Fund v. Hoy, 23 Md. App. 1, 6, 325 A.2d 446, 449 (1974) ("[W]hen mercy seasons justice." In this case the lower court had no discretion to season justice with mercy); Clinton Mun. Separate Sch. Dist v. Byrd, 477 S.E.2d 237, 242 (Sup. Ct. Miss. 1985) (An appropriate punishment for schoolgirl might be to memorize this speech "and teach this to their principal, their superintendent, their school board, and their community"); Mary Jones v. Harold Jones, 189 Misc. 186, 187, 70 N.Y.S.2d 111, 112 (1947) ("Because she is married to the man, she insists on her ‘pound of flesh,’ insists upon that with a degree of arrogance which indicates complete loss of sensibilities to the nicer things in life or even to the ordinary dictates of morals." Sometimes a judge must even compromise conscience due to the dictates of law).
Though justice be thy plea, consider this,
That, in the course of justice, none of us
Should see salvation. We do pray for mercy,
And that same prayer doth teach us all to render
The deeds of mercy.
William Shakespeare, The Merchant of Venice act 4, sc. 1, ln. 198 (Compact ed. Oxford University Press 1988). Used in reference to a victorious plaintiff who is now pursuing the vanquished unmercifully. Monroe v. United Air Lines, Inc., 1983 U.S. Dist. LEXIS 14662 (N.D. Ill.).
The plaintiff, having demanded his pound of flesh is denied all relief and his payments are forfeited.
Eldridge v. Burns, 76 Cal. App. 3d 396, 142 Cal. Rptr. 845 (1978). Cited in a decision where the buyer apparently takes the risk that the land, standing as security for the balance of the purchase price, will depreciate in value in the event of rezoning.
If thy offences were upon record,
Would it not shame thee in so fair a troop
To read a lecture of them?
William Shakespeare, The Life and Death of King Richard the Second act 4, sc. 1, ln. 294 (Compact ed. Oxford University Press 1988). Referring to the "Clean Hands" doctrine. See Cooke v. Cooke, 21 Md. App. 376, 319 A.2d 841 (1974) (A custody case where the father hid the child; the court seems to be saying that while its decision may seem harsh, it is a fair decision, and the defendant’s own actions are to blame for the outcome of the case).
13. False Memory - back to top
[T]hese are begot in the ventricle of
memory, nourished in the womb of pia mater, and
delivered upon the mellowing of occasion.
William Shakespeare, Love’s Labour’s Lost act 4, sc. 2, ln. 102 (Compact ed. Oxford University Press 1988). See Hildreth v. Key, 341 S.W.2d 601, 610 (Ct. App. Mo. 1960) ("The human memory is, at best, frail, fallible, and frequently a fond deceiver. Many figmentary recollections and fictitious remembrances truly ‘are begot in the ventricle of memory, nourished in the womb of pia mater, and delivered upon the mellowing of occasion.’").
Note these lines on the same topic from The Tempest, which has never been cited:
Prospero: Canst thou remember
A time before we came unto this cell?
I do not think thou canst, for then thou was not
Out three years old.
Miranda: Certainly, sir, I can.
Prospero: By what? By any other house, or person?
Of anything the image tell me, that
Hath kept with thy remembrance.
Miranda: ‘Tis far off,
And rather like a dream than an assurance
That my remembrance warrants. Had I not
Four or five women once that tended me?
William Shakespeare, THE TEMPEST act 1, sc. 2, ln. 45 (Compact ed. Oxford University Press 1988).
Or in the night, imagining some fear,
How easy is a bush supposed a bear!
William Shakespeare, A Midsummer’s Night Dream act 5, sc. 1, ln. 29 (Compact ed. Oxford University Press 1988). Cited in regards to a denial of a claim that appears to be improper, the court quotes the ease with which one may imagine something false. In re Kelton Motors, Inc., 109 Bankr. 641, 657 (1989).
14. Family Law - back to top
"O heavens! [is] this my true-begotten father."
May a worker’s compensation judge determine paternity in order to decide to whom benefits are due? Yes, though one judge cited the above passage in her dissent. Rossa v. Workers’ Comp. Appeal Bd, 576
Miranda: Sir, are not you my father?
Prospero: Thy mother was a piece of virtue, and
She said thou wast my daughter
Los Angeles County Dept. of Children and Family Services v. Esmeralda L., 2004
[T]o be wise and love exceeds man’s might.
Lalo v. Maica, 318 F. Supp. 2d 1152, 1157 ((S.D.
Treason is not inherited.
William Shakespeare, As You Like it act 1, sc. 3, ln. 61 (Compact ed. Oxford University Press 1988). Courts denounce guilt by association—"Legislation directing the onus of a parent's misconduct against his children does not comport with fundamental conceptions of justice." Pietrofeso v. United States, 801 F. Supp. 743, 748 (Ct. Int’l Trd. 1992) (citing Plyer v. Doe, 457 U.S. 202, 220 (1982)).
The evil that men do lives after them,
The good is oft interred with their bones.
William Shakespeare, Julius Caesar act 3, sc. 2, ln. 129 (Compact ed. Oxford University Press 1988). Usually used to comment on lingering problems left by prior, perhaps deceased, players, but might be used with reference to the sins of fathers being visited on children. Kiser v. Huge, 517 F.2d 1237, 1262 (D.C. Cir. 1974).
mewling and puking.
William Shakespeare, As You Like it act 2, sc. 7, ln. 189. Cited in Rosen v. Louisiana State Bd. of Med. Examiners, 318 F.Supp. 1217, 1229 (E.D. La. 1970). Cited also regarding pregnancy and its likely consequence, the first entrance of a new player. Id.
Murder most foul, as in the best it is;
But this most foul, strange and unnatural.
William Shakespeare, Hamlet, Prince of Denmark act 1, sc. 5, ln. 49 (Compact ed. Oxford University Press 1988). Quoted in a case of intra family murder or conspiracy to murder. People v. Brown, 5 Cal. App. 4th 950, 950, 7 Cal. Rptr. 2d 370, 371 (1992).
Sirrah, your brother is legitimate;
Your father's wife did after wedlock bear him;
And, if she did play false, the fault was hers;
Which fault lies on the hazards of all husbands
That marry wives.
William Shakespeare, King John act 1, sc. 1, ln. 161 (Compact ed. Oxford University Press 1988)(cited in S.D.W. v. Holden, 275 Cal. App. 2d 313, 316, 80 Cal. Rptr. 269, 271 (1969). See also Wareham v. Wareham, 195 Cal. App. 2d 64, 5 Cal. Rptr. 465 (1961)).
Children resemble parents.
See William Shakespeare, King John act 1, sc. 1, ln. 80 (Compact ed. Oxford University Press 1988). Cited in In re R.D.S., 183 Colo. 89, 93, 514 P.2d 772, 775 (1973).
Zounds! I was never so bethump’d with words
Since I first call'd my brother's father dad.
William Shakespeare, King John act 2, sc. 1, ln. 599. See Hoover v. Baker, 507 S.W.2d 299, 304 (1974). The quote could also be used in order to show how certain evidence may prejudice a party by "bethumping" the jury.
Know that we have divided
In three our kingdom: and 'tis our fast intent
To shake all cares and business from our age;
Conferring them upon younger strengths.
William Shakespeare, King Lear act 1, sc. 1, ln. 39 (Compact ed. Oxford University Press 1988). Context unclear, but also includes "Serpent’s tooth" citation. Marra v. Burgdorf Realtors, Inc. 726 F. Supp. 1000, 1002 n.2 (1986).
How sharper than a serpent's tooth it is to have a thankless child!
William Shakespeare, King Lear act 1, sc. 4, ln. 312. See Marra v. Burgdorf Realty, Inc. 726 F. Supp. 1000, 1002 n.3 (E.D. Pa. 1989); In re Interpictures, Inc., 168 Bankr. 526, 531 (1994); County of San Diego v. Guy C., 30 Cal. App. 4th 1325, 1332 n.6, 36 Cal. Rptr.2d 222, 226 (1994); People v. Warmus, 1992 N.Y. Misc. LEXIS 335 (1992) (actually used to avoid increasing the penalty for a child’s slayer).
Ingratitude, thou marble hearted fiend,
More hideous, when thou shows't thee
in a child,
Than in the sea monster.
William Shakespeare, King Lear act 1, sc. 4, ln. 283 (Compact ed. Oxford University Press 1988). See Springham v. Kordek, 55 Md. App. 449, 462 A.2d 567 (1983).
O, reason not the need!
William Shakespeare, King Lear act 2, sc. 4, ln. 416 (Compact ed. Oxford University Press 1988). This is King Lear’s lament when his ungrateful daughters refuse to support him in a style suitable to a king. Used to justify $2,000 per week alimony when wife’s needs were amply covered by income from the $4,000,000 cash component of the capital assets allocated to her. Rosenberg v. Rosenberg, 33 Mass. App. Ct. 903, 595 N.E.2d 792 (1992).
Unburthen’d crawl toward death.
William Shakespeare, King Lear act 1, sc. 1, ln. 67 (Compact ed. Oxford University Press 1988). See Dick v. Bauman, 73 Ohio App. 107, 108, 55 N.E.2d 137 (1943) (reason for dividing property prior to death).
When my dimensions are as well compact,
My mind as generous, and my shape as true,
As honest madam's issue? Why brand they us
With base?
William Shakespeare, king Lear act 1, sc. 2, ln. 12 (Compact ed. Oxford University Press 1988).See Levy v. Louisiana, 391 U.S. 68, 72 n.6 (1968); In re Estate of Elliott, 257 Ore. 572, 481 P.2d 355 (1971) (equal protection paternity case).
Make assurance double sure.
William Shakespeare, Macbeth act 4, sc. 1, ln. 143 (Compact ed. Oxford University Press 1988). See Jacobs v. Board of Educ. of East Meadow Union Free Sch. Dist., 64 A.D.2d 148, 160, 409 N.Y.S.2d 234, 240 (1978) (cited in reference to obtaining private counsel in a union suit).
But now I am cabin'd, cribb'd, confined, bound in
To saucy doubts and fears.
William Shakespeare, Macbeth act 2, sc., 4, ln. 47 (Compact ed. Oxford University Press 1988). See Lorifice v. Lorifice, 148 N.Y.S.2d 578, 581 (1952) (used to describe the grooms growing doubts as the wedding day approached).
Eye of newt, and toe of frog,
Wool of bat, and tongue of dog.
William Shakespeare, Macbeth act 4, sc. 1, ln. 25 (Compact ed. Oxford University Press 1988). Cited in Burnside v. Burnside, 194 W. Va. 263, 275, 460 S.E.2d 264, 276 (1995).
Out, damned spot! out, I say!
William Shakespeare, Macbeth act 5, sc. 1, ln. 53 (Compact ed. Oxford University Press 1988).
Yet who would have thought the old man
to have had so much blood in him?
William Shakespeare, Macbeth act 5, sc. 1, ln. 57 (Compact ed. Oxford University Press 1988). Once again the majority stirs the cauldron. See Burnside v. Burnside, 194 W. Va. 263, 276, 460 S.E.2d 264, 275 (1995) (all three preceding quotes were cited in the same case with respect to an inequitable inheritance rule).
Yes, truly; for, look you, the sins of the father
are to be laid upon the children.
William Shakespeare, The Merchant of Venice act 3, sc. 5, ln. 6 (Compact ed. Oxford University Press 1988). See Tison v. Arizona, 481 U.S. 137 (1987) (used in reference to identifying characteristics that justify the death penalty, but could be used in family law); In re Bank of New York, 53 A.D.2d 55; 385 N.Y.S.2d 49 (1976) ("Does ‘issue’ in a will mean lawful issue? Sins of father, etc. was OK in Shakespeare’s time, but mores have changed. Any other holding would result in a much less equitable result as far as the innocent children of John are concerned."); Misenheimer v. Misenhemer, 312 N.C. 692, 698, 325 S.E.2d 195, 198 ( N.C. 1985) (After citing the passage the court states, "this court will not do so.").
It is a wise father that knows his own child.
William Shakespeare, The Merchant of Venice act 2, sc. 2, ln. 83 (Compact ed. Oxford University Press 1988). See American Radio-Telephone Serv. v. PSC of Maryland, 33 Md. App. 423, 365 A.2d 314 (1976) (in this case, the Public Service Commission of Maryland has had greater difficulty in determining the lineage of a "grandfather"); Retirement Bd. of the Police Retirement Sys. of Kansas City v. Noel, 652 S.W.2d 874, 880 (Ct. App. Mo. 1983) (rejecting man’s belief that he was the father (rather than his paramour's husband) of the child); Simpson v. Blackburn, 414 S.W.2d 795, 805 (Ct. App. Mo. 1967) (acknowledgment of paternity was insufficient); June B. v. Edward L., 69 A.2d 612, 614, 419 N.Y.S.2d 514, 515 (1979).
Ay me! for aught that I could ever read,
Could ever hear by tale or history,
The course of true love never did run smooth.
William Shakespeare, A Midsummer’s Night Dream act 1, sc. 1, ln. 170 (Compact ed. Oxford University Press 1988). See U.S. v. Polito, 856 F.2d 414, 415 n.2 (1st Cir. 1988) (defendant’s search for his former paramour got him into trouble).
Defendant threatened woman by reading to her sonnets of Shakespeare and the death scene from Othello.
Hornstein v. Hornstein, 195 Md. 627, 636, 75 A.2d 103, 107 (1950). A special form of cruelty, I guess.
O, beware, my lord, of jealousy;
It is the green-eyed monster, which doth mock
The meat it feeds on; that cuckold lives in bliss
Who, certain of his fate, loves not his wronger;
But, O, what damned minutes tells he o’er
Who dotes, yet doubts, suspects, yet strongly loves!
William Shakespeare, Othello act 3, sc. 3, ln. 269 (Compact ed. Oxford University Press 1988). This useful passage has only been cited three times! See Gowens v. Springs Indus., 1997 U.S. Dist. LEXIS 22207 n.7 (N.D. Ga.); Van Meter v. State, 30 Md. App. 406, 408, 352 A.2d 850, 852 (1976); State v. Potter, 60 N.D. 183, 205, 233 N.W. 650, 659 (Sup. Ct. N.D. 1930).
If thy offenses were upon record
Would it not shame thee in so fair a troop
To read a lecture of them?
William Shakespeare, The Life and Death of King Richard the Second act 4, sc. 1, ln. 294 (Compact ed. Oxford University Press 1988). Another reference to the "Clean Hands" doctrine. Cooke v. Cooke, 21 Md. App. 376, 382, 319 A.2d 841, 845 (1974) (Cited in a custody case where the father hid the child).
What's in a name?
William Shakespeare, Romeo and Juliet act 2, sc. 2, ln. 40 (Compact ed. Oxford University Press 1988). In family matters, whose name is a child to bear? See Azzara v. Waller, 495 So.2d 277, 279 (Ct. App. Fla. 1986) ("[A]lthough for young Mary Beth and the fictional Juliet, surnames may be unimportant or even sometimes a nuisance, for adults surnames are an important part of identity"); In re Iverson, 241 Mont. 140, 145 786 P.2d 1, 4 (Sup. Ct. Mont. 1990) ("Romeo’s and Juliet’s fateful outcome attests to the problems that arise as a result of a system based on customs and traditions attached to surnames. I would therefore reverse and remand this case to the District Court to assess whether the child’s name should be changed in light of the factors suggested in this dissent"); Good v. Stevenson, 113 Misc. 2d 270, 272, 448 N.Y.S.2d 981, 982 (1982) ("Since petitioner’s mother changed the sons’ surname without the father’s knowledge or consent, the father now seeks redress in the nature of termination of his support obligation."); See also Board of Regents v. Board of Trustees for State Colleges & Universities, 491 So. 2d 399, 401 (Ct. App. La 1986) (is Louisiana Legislature vested with the exclusive authority to change the name of a state university or college?).
O, swear not by the moon, the inconstant moon,
That monthly changes in her circled orb,
Lest that thy love prove likewise variable.
William Shakespeare, Romeo and Juliet act 2, sc. 2, ln. 142 (Compact ed. Oxford University Press 1988). The trial period preliminary to marriage is inherently unstable. See Ledger v. Tippitt, 164 Cal. App. 3d 625, 648, 210 Cal. Rptr. 814 (1985) (citing Marvin v. Marvin 18 Cal. 3d 660, 683 (1976)); Sharpe v. Sharpe, 267 So.2d 665, 668 (Ct. App. Fla. 1972) (this one-time Juliet—her husband married her at 14).
A pair of star-cross'd lovers.
William Shakespeare, Romeo and Juliet prologue, ln. 90 (Compact ed. Oxford University Press 1988). Mother and father got into trouble and wanted to put their child up for adoption. Farooq Husain Qureshi v. Director, 11 Md. App. 615, 619 n.1, 276 A.2d 675, 677 n.1 (1971).
Let me not to the marriage of true minds
Admit impediments.
William Shakespeare, Sonnet 116 (Compact ed. Oxford University Press 1988). Should court waive 10-day waiting period for marriage? In re Oglive, 373 N.Y.S.2d 281, 283, 83 Misc. 2d 896, 896 (1975).
And, for that dowry, I'll assure her of her
Widowhood, be it that she survive me,
In all my land and leases whatsoever.
Let specialties be therefore drawn between us,
That covenants may be kept on either hand.
William Shakespeare, The Taming of the Shrew act 2, sc. 1, ln. 194 (Compact ed. Oxford University Press 1988). Validity of prenuptial agreements. Brooks v. Brooks, 733 P.2d 1044, 1049 (Sup. Ct. Ala. 1987).
It is this latter figure which the court accepted and on which it based its alimony award. ‘And thereby hangs a tale.’
William Shakespeare, The Taming of the Shrew act 4, sc. 5, ln. 60 (Compact ed. Oxford University Press 1988). See Misiorski v. Misiorski, 1 Conn. App. 463, 466, 528 A.2d 829, 831 (1987).
Who woo’d in haste and means to wed at leisure.
William Shakespeare, The Taming of the Shrew act 3, sc. 2, ln. 11 (Compact ed. Oxford University Press 1988). See Ferraro v. Surinder Singh, 343 Pa. Super. 576, 579, 495 A.2d 946, 947 (1985) ("Who wooed in haste and means to repent at leisure [emphasis added]." The groom had, after announcing the wedding, disappeared and, apparently, married another). This is an interesting, and perhaps Freudian, misquotation. Id. The actual line is "Who woo'd in haste and means to wed at leisure." See Shakespreare, THE TAMING OF THE SHREW, at act 3, sc. 2, ln. 11.
15. Finality - back to top
What's done cannot be undone.
William Shakespeare, Macbeth act 5, sc. 2, ln. 96 (Compact ed. Oxford University Press 1988). Used to describe res judicata as final as murder. Dallas Corp. v. Gunther, 1995 U.S. Dist. LEXIS 15601 at 1 (N.D. Ill.).
Hold, enough!
William Shakespeare, Macbeth act 5, sc. 8, ln. 56 (Compact ed. Oxford University Press 1988). Used to draw a final end to a vexatious party—"For one, I am now willing to cry to Robert J. Wright: ‘Hold, enough!’" Wright Trust v. Dept. of Revenue, 297 Ore. 533, 545, 685 P.2d 418, 425 (1984).
16. Harmless Error - back to top
[P]resent fears are less than horrible imaginings.
William Shakespeare, Macbeth act 1, sc. 3, ln. 133 (Compact ed. Oxford University Press 1988). In re Pearson, 990 F.2d 653, 661 (1st Cir. 1993)(claims of error are exaggerated).
[P]etitioner protests no only too much but with too much emphasis, and we disagree.
Berry Petroleum Co. v. Commissioner of Internal Revenue, 104 T.C. 584, 610 (1995) (William Shakespeare, Hamlet act 3, sc. 2, ln. 240 (referring to "the lady doth protest too much, methinks")).
. . .we defy augury . . .
William Shakespeare, Hamlet act 5, sc. 2, ln. 209 (Compact ed. Oxford University Press 1988). Court refuses to speculate on different outcome when defendant entered strategic plea of guilty. United States v. Cox, 464 F.2d 937, 944 (6th Cir. 1972).
17. Inconsistency - back to top
Though this be madness, yet there is method in’t
William Shakespeare, Hamlet act 2, sc. 2, ln. 315 (Compact ed. Oxford University Press 1988). Can there be "method" in the majority opinion’s "madness"? Martin v. Commissioner, 649 F.2d 1133, 1144 (5th Cir. 1981). Also in reference to a hidden reason for an apparently ironic or unjust outcome. Matthews v. Douberley, 207 Ga. App. 578, 579, 428 S.E.2d 588, 588 (1993). Also used in reconciling a strange jury verdict. Simon v. Smith, 470 S.E.2d 941, 946 (1985).
Not since Joan de Pucelle in Shakespeare’s Henry VI, Prt I, attempted to defend herself from a capital charge by proclaiming herself a virgin and then, seeing that particular defense was unlikely to prevail, informed the judge that she was with child, has anyone argued a judicial point with a more breathtaking lack of concern for consistency.
Roses have thorns, and silver fountains mud;
Clouds and eclipses stain both moon and sun,
And loathsome canker lives in sweetest bud.
All men make faults.
William Shakespeare, Sonnet 35 (Compact ed. Oxford University Press 1988). "Shakespeare reflects my feelings about the current state of the law in the Fifth Circuit when it comes to the Voting Rights Act." Mexican ABA of Texas v. Texas, 755 F. Supp 735, 745 (W.D. Tex. 1990).
Sir, you speak a language that I understand not.
William Shakespeare, The Winter’s Tale act 3, sc. 2, ln. 80 (Compact ed. Oxford University Press 1988). Used by dissent to criticize the majority. U.S. v. Lynch, 499 F.2d 1011, 1030 (D.C. Cir. 1974).
18. Intellectual Property - back to top
Surely, in a hypothetical dispute over the ideas embodied in the play Hamlet, jurisdiction would not be had over Mr. Shakespeare, were he alive, anywhere that a copy of Hamlet might be taken or anywhere that an actor familiar with the play might travel.
Trans-American Computer Assoc. v. Tower Sys., 203 U.S.P.Q. (BNA) 719 (Southern Dist. N.Y. 1978). Suit with Richard Burton as party suggests there is nothing unique about making a motion picture called Taming of the Shrew or Hamlet. Blaustein v. Burton, 9 Cal. App. 3d 161, 184, 88 Cal. Rptr. 319, 334 (1970). "We are of the opinion that appellant’s idea of the filming of Shakespeare’s play ‘The Taming of the Shrew’ is one which may be protected by contract." Id.
Infringement—there would be none if the oratory scene were depicted as an oratorical contest. Likewise with a famous, copyrighted, rai