|
New York University Law Review
Volume 61, Number 6 (1986) reprinted by permission of the author SUPREME COURT HAIKU LOUIS J. SIRICO, JR. * A haiku is a short poem that records the essence of a keenly perceived moment. It uses spare, concrete words to create an image that evokes the moment. The traditional haiku links human nature to all nature and to existence. It seeks to transcend the intellect. English-speaking haiku's roots lie in a five-hundred-year-old Japanese tradition. The Japanese haiku usually has three lines. The first line has five symbol-sounds, the second has seven, and the third has five. Some western writers follow this format, but substitute syllables for the symbol-sounds. English-speaking haiku permits diversity in form and imagery. Supreme Court opinions offer excellent inspiration for haiku. Concrete cases and controversies elicit abstract discussions. They also evoke haiku moments. [1224]
LOCHNER v. NEW YORK
198 U.S. 45 (1905) Walking from morning The Court invalidated a minimum hours labor statute, because it interfered with the right of contract between employer and employee. [1225]
SCHENCK v. UNITED STATES
249 U.S. 47 (1919) The Jazz Singer The Court affirmed the defendant's conviction for conspiring to violate the Espionage Act of 1917. In the majority opinion, Justice Holmes wrote: 'The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic.' [1226]
PENNSYLVANIA COAL CO. v. MAHON
260 U.S. 393 (1922)
The earth grunting; The Court relied on the prohibition against taking property without compensation to strike down the Kohler Act. The statute forbade a mining company to cause the subsidence of homes and other buildings on the surface. [1227]
NEAR v. MINNESOTA
283 U.S. 697 (1931) Disabling the censor function The Court invoked the first amendment to strike down a Minnesota statute permitting the prior restraint of any 'malicious, scandalous and defamatory newspaper, magazine or other periodical.' [1228]
JONES v. WOLF
443 U.S. 595 (1979) Reading the deed The Court held that neutral principles of law may be used to resolve intrachurch property disputes. Under the neutral principles test, a court determines property ownership by applying secular provisions of the church's governing documents as well as deeds, articles of incorporation, and similar material. [1229]
LYNCH v. DONNELLY
465 U.S. 668 (1984) Jesus, wrapped and crammed The Court found that Pawtucket, Rhode Island, did not violate the establishment clause when it included a creche in a Christmas display hosting such items as a Santa Claus house, reindeer pulling Santa's sleigh, candy-striped poles, a Christmas tree, carolers, cut-out figures of such characters as a clown, an elephant, and a teddy bear, hundreds of colored lights, and a large banner reading 'Seasons's Greetings.' [1230]
* Professor of Law, Villanova University School of Law. B.A. Yale University, 1967; J.D., University of Texas, 1972. |
