When this year’s 1Ls sit down for their first Property Law class they are likely to discuss Pierson v. Post. The case concerns a dispute over who owned a wild fox killed during a hunt. Lodowick Post and his pack of hunting dogs were in pursuit of the fox, having chased it through a stretch of the town commons when Jesse Pierson suddenly intervened to kill and claim it. Post insisted that the fox was rightly his, as he and his pack of hounds had been in pursuit and were on the verge of capturing it. Pierson countered that a wild animal is no one’s property until it is definitively captured or killed.
Pierson is a 1L classic because it dramatizes the legal construction of ownership. The dividing line between the fox’s state of nature and its state as property is whatever the majority opinion says it is. More subtly, the case also dramatizes a key assumption driving much of Anglo-American property law: settling the question of ownership clarifies many of the rights and responsibilities that shape our relations as political subjects. Pierson can feel anachronistic, with the majority discussing obscure legal treatises and the minority perseverating on the noxiousness of foxes. But the case was not really about a fox.
Today I am hosting a guest blog from alumnus Michael B. Goldenkranz ‘78.
Part of what drew this Jewish boy from Brooklyn to BC Law in the mid 70’s was prior Dean Robert Drinan S.J., who left to become a U.S. Congressman shortly before I began law school. Both his and the School’s continuing and unwavering commitment to human rights and social justice, and the mission to “prepare students to not only be good lawyers but lead good lives,” still resonates with me today.
I have tried to instill those values in my now grown children, and to remind them to always question assumptions, as I remember doing during my time at BC Law. My son David, a former primary/secondary school teacher who has also worked on documentary filmmaking, is taking the opportunity to use today’s calls for racial justice and equality to examine his status as a privileged white male in ways that may be sometimes viscerally painful, but certainly necessary. His recent essays include “Pajamas are a Privilege,” “White American PTSD,” “A Black and White Matter,” “What Kind of a Dog are You?” and “Colorblindness: The Façade of Equality.”
Like the cases we studied at BC Law and the discussions we had in our classes, I find David’s writings thoughtful and provocative. They make me think about uncomfortable but really important issues in ways that I think would please Fr. Drinan. My hope is that we may continue to strive to lead good lives and fight for social justice and equality for all.
David’s website can be found at https://davidgoldenkranz.com.
-Michael B. Goldenkranz, BC Law ‘78
It’s been 146 days since Breonna Taylor was killed. Kentucky’s Attorney General, Daniel Cameron, still has not filed any charges against the Louisville Police Department officers who killed her. Here are some statutes that deserve attention:
Murder (Ky. Rev. Stat. § 507.020):
A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person.
Reckless Homicide (Ky. Rev. Stat. § 507.050):
A person is guilty of reckless homicide when, with recklessness he causes the death of another person.
First Degree Manslaughter (Ky. Rev. Stat. § 507.030):
A person is guilty of manslaughter in the first degree when: (a) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; (b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020; or
In Criminal Law, we were taught to break down and work through each element of a criminal statute. Essentially every class was devoted to identifying the elements of a crime, gathering the facts of the case, and analyzing the case by connecting elements to facts. Our professor was a practicing defense attorney so she kept us on our toes and we learned to take nothing for granted. For the sake of brevity, and at the risk of incurring her wrath, I am just going to say that the uncontested facts of this case easily satisfy the actus reus (guilty act) element of these statutes. No one is denying that these police officers caused Breonna Taylor’s death.