Appreciating Our Professors: Charles L. Black

Charles Black was a professor at Yale Law School while I was a student there, and although I never had a course with him, I would still name him as the professor who most influenced me.

During the fall of my first year, two of my best friends were assigned to Professor Black’s Constitutional Law class, and they were quite enamored with him. He was legendary to even us neophytes: a brilliant constitutional scholar, a leading light for equality in the Brown v. Board of Education case, and an outspoken critic of the death penalty. My friends reported that despite his fame, he was modest and charming, with a great sense of humor.

Time marched on until Halloween, when I, the two aforementioned women who were in Charles Black’s class, and another woman, decided that our lack of funds should not prevent us from enjoying the holiday. So the four of us pooled our resources, purchased some red poster board, black paint, and string, and proceeded to make sandwich boards of the four first year casebooks, which we then wore to go trick-or-treating in — you guessed it — Professor Black’s neighborhood. When we rang the doorbell, Charles Black appeared at the door with a bowl of candy — he just looked and acted like an ordinary guy, with his longish curly hair, craggy face, and cowboy boots worn with jeans. He was focused on the candy at first, but when he finally looked up, his eyes widened. “My Lord!” he said in his Texas drawl, “it’s my students!”

Without a moment’s hesitation, he invited us inside, and pressed tumblers of scotch upon us.

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Halloween Frights

It’s Halloween, so children have dreams of scaring adults, and adults have nightmares about other adults harming children. Lawmakers in Missouri this year have been concerned about a particular kind of harm: sexual offenses against children. They passed a state law that prohibited convicted sexual offenders from having any “Halloween-related contact with children,” and required the offenders to remain at their homes on Halloween night between the trick-or-treat hours of 5 p.m. to 10:30 p.m. unless they have “just cause” for leaving. The law did not define either “just cause” or “Halloween-related contact.” The law also required sexual offenders to turn off any porch lights and to post signs stating “no candy or treats at this residence.”

On Monday a federal judge issued an order blocking most parts of the statute as unclear, leaving in place only the provisions requiring that porch lights be extinguished and that there be a sign announcing that no candy would be given out at the offenders’ residences. Opponents of the law had argued that it was unclear; for example, did it prohibit contact between the sexual offenders and their own children on Halloween even if such contact would not be prohibited on other days? Would a convicted sexual offender have to avoid the decoration section of stores if children were there picking out their pumpkins? Opponents also argued that the law was an unfair double punishment for a crime for which a sentence had already been served.

Did the court make the right decision? I would say yes.

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Love, Loss, and Palimony

Today, Law.com reports on a New Jersey appellate court’s decision in Bayne v. Johnson, which involved a palimony claim by a woman who had been a party in a bizarre triangular relationship for almost twenty years.  According to the article, Fiona Bayne, then a 25-year-old flight attendant with British Airways, began a romance with 41-year-old Earl Johnson in 1981. Earl Johnson was married at that time to Carolyn Johnson, a wealthy 61-year-old woman with a string of six failed marriages.  (Earl had three previous marriages when he married Carolyn.)  The marriage was reportedly one of convenience entered into by Carolyn in 1978 so that her three estranged children would not be able to take control of her financial affairs.  As the beneficiary of a trust valued at $11 million, Carolyn had plenty to lose financially if her children had her declared incompetent and took over control of her money as she feared.  Although the couple reportedly agreed to pursue separate lives, Carolyn supported Earl in a lavish lifestyle through the years.

Bayne, who was living in an apartment in the Bahamas provided by Earl (and paid for with his wife’s money), did not know about Earl’s marriage for the first few years of the relationship.  Once she found out, however, she remained in the relationship.  Bayne, Earl, and Carolyn moved to various locations to pursue Earl’s business ventures with Carolyn bankrolling both the business ventures and the lavish lifestyle enjoyed by the three.  

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