Happy Columbus Day?

We have put aside naive notions of Christopher Columbus as the heroic discoverer of the New World, but on Columbus Day and in general we should continue to contemplate the troubling bases and ramifications of Columbus’ voyages.

Columbus’ voyage in 1492 rested on his contractual agreement with the King and Queen of Spain. In return for spices and especially the gold he anticipated finding, Columbus received financing for three small ships and a combined crew of 40 and also promises of ten percent of all profits, the lucrative governorship of any new-found lands, and the title “Admiral of the Ocean Sea.” Columbus returned from his first voyages with a few spices, gold he had plucked from native peoples’ ear lobes, and 350 newly enslaved men and women. (An additional 250 had died on the sail back to Spain.) The King and Queen were impressed enough to finance a second expedition in 1493 of seventeen ships with 1200 men–including a full cavalry troop and a half-dozen priests. The fleet raided and plundered the Caribbean islands and was followed by subsequent large expeditions under Columbus’ command in 1498 and 1502.

The indigenous peoples of the Caribbean paid the heaviest price for these ventures.

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Lessons from Nebraska’s Struggle With an Abandoned Baby Law

In the past few years, many states have passed legislation allowing parents of newborns to drop their infants off at a designated safe place, no questions asked. These laws are intended to prevent the tragedy of unwanted newborns that have been literally left to die in dumpsters, public toilets, and similar places, usually by panicked teenage parents. Nebraska is the most recent state to pass such a law, but whether by negligence or design, the Nebraska statute did not specify a maximum age of a child who could be left at a safe place without legal repercussions to the parents. In a turn of events that would be comical if it weren’t so sad, Nebraska has seen a parade of 17 different children dropped off at designated hospitals: none of them have been infants, and most have been adolescents. Since Nebraska’s legislature is part-time and does not resume session until January, there may be more drop-offs before the law can be amended.

What’s going on here, and what can we learn from it?

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Baseball Metaphors and Judicial Opinions

A long time ago–so long ago, in fact, that the editing process was conducted entirely via Fed Ex and (gasp) telephone* –I published an article on the use of baseball metaphors in judicial opinions. It is one of 19 hits in the Westlaw JLR database for “Kirby Puckett,” one of four for “Kent Hrbek,” and the only law review article ever written that mentions Puckett, Hrbek, and Ron Gant. Though I missed out on all the fun that might have ensued had it been more readily available when Chief Justice Roberts was describing his role in umpireal terms, and even the more recent discussions here, I have just now posted it on SSRN for your procrastinating enjoyment.

* It’s interesting to me that the telephone seems to have disappeared from the editing process. Not once since I started teaching have I spoken to a law review editor other than the one who made the publication offer. Maybe it’s not that surprising, though. I remember some of those conversations from the editor side as being a little intimidating. That might have been partly a product of how my first conversation with an author on the phone unfolded. He (who was kind of big-namish) came across as a little grouchy, and not all that pleased with some of the edits proposed by my predecessor. Somehow or other–I guess I was trying to find a source or something as I fumbled for an explanation of whatever my predecessor had done–I pulled the phone off my desk. From his side perhaps the line just went dead. On my side there was a loud crash and a cascade of papers onto the floor. In retrospect, not that big of a deal. At the time, a little bit mortifying.

Cross posted at PrawfsBlawg.

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