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08-29-2012, 10:39 PM
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By Meredith McGroartyIt's difficult—not to mention a bit disconcerting—to imagine Supreme Court Justice Samuel Alito rocking out to “The Promised Land” at Asbury Park or his colleague Antonin Scalia smoking cigarettes while listening toBlood on the Tracks on constant repeat in the small hours of the morning. Yet, according to UT law professor Alex Long, law professionals—from Supreme Court justices to small-town attorneys—have integrated popular music and song lyrics into many judicial decisions and legal writings. How this tactic can bolster or detract from an argument—as well as what the popularity of certain genres and musicians can tell us about the people in the legal profession—are the core of Long's recent research.Using popular material to drive home a point in the courtroom or put an artistic flourish on a written opinion is not a new practice. Lawyers have quoted the Bible for centuries, and other works, like Gilbert and Sullivan musicals, have been cited in legal papers.Long published papers in the Fordham Urban Law and Washington and Lee Law Review journals about the use of song lyrics in legal writing, including cases and scholarly articles. Sometimes songs are used to inject life or humor into an otherwise dry document; sometimes they are more self-serving, inserted to demonstrate that despite being a member of a profession that is synonymous with “bland,” this attorney isn't at all like the stereotype (no, really!). However, occasionally a judge or lawyer will try to make a point with a lyric that just falls completely flat, Long says.Some notable examples he discovered were a judge's opinion that was meant to be sung to the tune of a LeAnn Rimes song and an uncomfortable incident in which a judge had to explain a Ludacris song to a court reporter who had confused her homonyms and peppered the transcript with the word “hoe.”
http://quest.utk.edu/wp-content/uploads/lyrics-3-235x300.jpg (http://quest.utk.edu/wp-content/uploads/lyrics-3.jpg)
Alex Long
“I think sometimes lawyers and judges are trying to make connections between lyrics and facts in a case that are just a real stretch,” Long says. “I found an example in which the judge goes to extraordinary lengths to work in Pink Floyd's 'Another Brick in the Wall,' and you read it and think, 'I don't need this sort of explanation; I don't need this sort of connection.'”Long freely admits to disliking Pink Floyd and thus “probably thinking less” of an argument that used the band's lyrics to make a point. This brings up another pitfall of using music in legal writing: the wide variety of personal reactions that people have to music and musicians.“I think there's a risk when you quote any particular artist because the artist's identity may trample the meaning the judge or lawyer is trying to convey, or the reader may just be put off by the identity of the songwriter in a way that detracts from the message,” Long says. He declines to even speculate on what would happen if he came across an article quoting Phil Collins. (However, Long acknowledges that others might have a similar reaction to the references he often makes to Guided By Voices, one of his favorite bands).Music for the Masses?
Bob Dylan, Long says, is by far the most popular songwriter among lawyers and judges, cited 186 times in court filings and law journals. Dylan far surpassed the second most popular source, the Beatles, who appeared seventy-four times. Other favorites include Bruce Springsteen, Paul Simon, and Johnny Cash (there was a disappointing, though not surprising, lack of love for Elvis Presley in the works that Long reviewed). Many of the top musicians are or were folk singers; in contrast, rap and country artists (Cash being the exception) turned up rarely.A few general characteristics about the legal profession can be inferred from these findings. One is that most lawyers and judges came of age in the 1960s and 1970s, which, given overall population demographics, is to be expected. Another is that they are most likely white and male. This, too, is correct: according to the American Bar Association, in 2004, 73 percent of attorneys were male and 88.8 percent were non-Hispanic white. Such a relatively homogenous group inevitably draws upon the same store of cultural references.
http://quest.utk.edu/wp-content/uploads/lyrics-2-300x300.jpg (http://quest.utk.edu/wp-content/uploads/lyrics-2.jpg)
Bruce Springsteen is one of the most quoted songwriters among lawyers and judges, however, Bob Dylan and The Beatles are even more popular.
Dylan's popularity among this demographic is obvious, Long says. “Dylan was the spokesperson for a movement that happened during the youth of many of today's lawyers and judges, so he's the first person they think of….Dylan is also a good storyteller, and lawyers are natural storytellers. Dylan is talking about concepts everyone can relate to—justice and fairness—that lend themselves to the law.”However, the overwhelming preference for folk over country and rap indicates that lawyers and judges may hail from a background different from that of most Americans, particularly most of the criminals they represent, prosecute, or judge. Folk music, Long says, started out as populist, but it soon became the domain of middle- and upper-class intellectuals, with some of its most famous songwriters (for example, Paul Simon and Pete Seeger) coming from these social classes. Arguably, many folk singers are educated, talented storytellers in general, making their lyrics stand out from the rest in terms of quality. Also, folk songs often praise the universal ideal of justice, whereas country and rap songs often speak to the emotions and situations of specific groups of people.Long says this difference between these genres of music underscores an important disparity in the legal profession. While everyone can comprehend the concepts of justice and fairness in theory, lawyers and judges may not really be able to understand them in relation to people in situations different from their own.Alito, for example, stated at his Senate confirmation hearing that he's a Springsteen fan. Senator Richard Durbin then pointed out a judicial ruling of Alito's— a decision regarding the trial of a black man by an all-white jury—that he felt ran counter to Springsteen's central ethos of fairness. Thus, while the ideals of Springsteen, Cash, and folk singers may represent something for lawyers to aspire to, it's not clear if they are putting the spirit of their songs into action.Regardless, Long says the fact that Supreme Court justices are inserting song lyrics into their writing implies that it's becoming an acceptable practice. He's interested to see which songwriters the coming generations of lawyers and judges will favor. Will the legal records of the future contain references to REM and Drive-By Truckers, or will Britney Spears and Justin Bieber dominate?
By Meredith McGroartyIt's difficult—not to mention a bit disconcerting—to imagine Supreme Court Justice Samuel Alito rocking out to “The Promised Land” at Asbury Park or his colleague Antonin Scalia smoking cigarettes while listening toBlood on the Tracks on constant repeat in the small hours of the morning. Yet, according to UT law professor Alex Long, law professionals—from Supreme Court justices to small-town attorneys—have integrated popular music and song lyrics into many judicial decisions and legal writings. How this tactic can bolster or detract from an argument—as well as what the popularity of certain genres and musicians can tell us about the people in the legal profession—are the core of Long's recent research.Using popular material to drive home a point in the courtroom or put an artistic flourish on a written opinion is not a new practice. Lawyers have quoted the Bible for centuries, and other works, like Gilbert and Sullivan musicals, have been cited in legal papers.Long published papers in the Fordham Urban Law and Washington and Lee Law Review journals about the use of song lyrics in legal writing, including cases and scholarly articles. Sometimes songs are used to inject life or humor into an otherwise dry document; sometimes they are more self-serving, inserted to demonstrate that despite being a member of a profession that is synonymous with “bland,” this attorney isn't at all like the stereotype (no, really!). However, occasionally a judge or lawyer will try to make a point with a lyric that just falls completely flat, Long says.Some notable examples he discovered were a judge's opinion that was meant to be sung to the tune of a LeAnn Rimes song and an uncomfortable incident in which a judge had to explain a Ludacris song to a court reporter who had confused her homonyms and peppered the transcript with the word “hoe.”
http://quest.utk.edu/wp-content/uploads/lyrics-3-235x300.jpg (http://quest.utk.edu/wp-content/uploads/lyrics-3.jpg)
Alex Long
“I think sometimes lawyers and judges are trying to make connections between lyrics and facts in a case that are just a real stretch,” Long says. “I found an example in which the judge goes to extraordinary lengths to work in Pink Floyd's 'Another Brick in the Wall,' and you read it and think, 'I don't need this sort of explanation; I don't need this sort of connection.'”Long freely admits to disliking Pink Floyd and thus “probably thinking less” of an argument that used the band's lyrics to make a point. This brings up another pitfall of using music in legal writing: the wide variety of personal reactions that people have to music and musicians.“I think there's a risk when you quote any particular artist because the artist's identity may trample the meaning the judge or lawyer is trying to convey, or the reader may just be put off by the identity of the songwriter in a way that detracts from the message,” Long says. He declines to even speculate on what would happen if he came across an article quoting Phil Collins. (However, Long acknowledges that others might have a similar reaction to the references he often makes to Guided By Voices, one of his favorite bands).Music for the Masses?
Bob Dylan, Long says, is by far the most popular songwriter among lawyers and judges, cited 186 times in court filings and law journals. Dylan far surpassed the second most popular source, the Beatles, who appeared seventy-four times. Other favorites include Bruce Springsteen, Paul Simon, and Johnny Cash (there was a disappointing, though not surprising, lack of love for Elvis Presley in the works that Long reviewed). Many of the top musicians are or were folk singers; in contrast, rap and country artists (Cash being the exception) turned up rarely.A few general characteristics about the legal profession can be inferred from these findings. One is that most lawyers and judges came of age in the 1960s and 1970s, which, given overall population demographics, is to be expected. Another is that they are most likely white and male. This, too, is correct: according to the American Bar Association, in 2004, 73 percent of attorneys were male and 88.8 percent were non-Hispanic white. Such a relatively homogenous group inevitably draws upon the same store of cultural references.
http://quest.utk.edu/wp-content/uploads/lyrics-2-300x300.jpg (http://quest.utk.edu/wp-content/uploads/lyrics-2.jpg)
Bruce Springsteen is one of the most quoted songwriters among lawyers and judges, however, Bob Dylan and The Beatles are even more popular.
Dylan's popularity among this demographic is obvious, Long says. “Dylan was the spokesperson for a movement that happened during the youth of many of today's lawyers and judges, so he's the first person they think of….Dylan is also a good storyteller, and lawyers are natural storytellers. Dylan is talking about concepts everyone can relate to—justice and fairness—that lend themselves to the law.”However, the overwhelming preference for folk over country and rap indicates that lawyers and judges may hail from a background different from that of most Americans, particularly most of the criminals they represent, prosecute, or judge. Folk music, Long says, started out as populist, but it soon became the domain of middle- and upper-class intellectuals, with some of its most famous songwriters (for example, Paul Simon and Pete Seeger) coming from these social classes. Arguably, many folk singers are educated, talented storytellers in general, making their lyrics stand out from the rest in terms of quality. Also, folk songs often praise the universal ideal of justice, whereas country and rap songs often speak to the emotions and situations of specific groups of people.Long says this difference between these genres of music underscores an important disparity in the legal profession. While everyone can comprehend the concepts of justice and fairness in theory, lawyers and judges may not really be able to understand them in relation to people in situations different from their own.Alito, for example, stated at his Senate confirmation hearing that he's a Springsteen fan. Senator Richard Durbin then pointed out a judicial ruling of Alito's— a decision regarding the trial of a black man by an all-white jury—that he felt ran counter to Springsteen's central ethos of fairness. Thus, while the ideals of Springsteen, Cash, and folk singers may represent something for lawyers to aspire to, it's not clear if they are putting the spirit of their songs into action.Regardless, Long says the fact that Supreme Court justices are inserting song lyrics into their writing implies that it's becoming an acceptable practice. He's interested to see which songwriters the coming generations of lawyers and judges will favor. Will the legal records of the future contain references to REM and Drive-By Truckers, or will Britney Spears and Justin Bieber dominate?