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Legal Commentary

: Prawfs

Poetic Justice

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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One of my colleagues here at SMU, Tom Mayo, reminded me that today is "Poem in Your Pocket" Day. To honor this day, please share by posting or citing a legal opinion that includes a poem.

Here's part of the opinion in a 1986 criminal trespass case in New York, People v. Sergio. The New York Times re-printed the opinion on Dec. 20, 1986 (see 1986 WLNR 835359).

?Twas Game Six of the Series when out of the sky,

Flew Sergio's parachute, a Met banner held high.

His goal was to spur our home team to success,

Burst Beantown's balloon claiming Sox were the best.

The fans and the players cheered all they did see,

But not everyone present reacted with glee.

?Reckless endangerment!? the D.A. spoke stem.

?I recommend jail--there's a lesson he'd learn!?

Though the act proved harmless, on the field he didn't belong

His trespass was sheer folly, and undeniably wrong.

But jail's not the answer in a case of this sort,

To balance the equities is the job of this court.

So a week before Christmas, here in the court,

I sentence defendant for interrupting a sport.

Community service, and a fine you will pay.

Happy holiday to all, and to all a good day.

Judge Gerald Lebovits of the New York City Civil Court, who criticized the Sergio opinion here, published a more detailed analysis of the inclusion of poems in judicial opinions in the Georgetown Journal of Legal Ethics last year.

Full post as published by Prawfs on April 30, 2009 (boomark / email).

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