Wednesday, July 2

Lyrical Justice

By far the most cited songwriter and now Justice cites Bob Dylan in an opinion on Monday.
It was a dispute between pay phone companies and long distance carriers.John G. Roberts Jr., the chief justice of the United States, put a song lyric where the citation to precedent usually goes.

“The absence of any right to the substantive recovery means that respondents cannot benefit from the judgment they seek and thus lack Article III standing,” Chief Justice Roberts wrote. “ ‘When you got nothing, you got nothing to lose.’ Bob Dylan, Like a Rolling Stone, on Highway 61 Revisited (Columbia Records 1965).”

Its is certainly the first use of a rock lyric to strengthen a legal proposition in a Supreme Court decision. Rock ‘n roll has finally encompassed America’s highest halls of justice, in the form of Chief Justice John Roberts invoking Bob Dylan in a Supreme Court ruling.
Indeed a landmark opinion.

He has been quoted in 26 opinions. Paul Simon is next, with 8 (12 if you count those attributed to Simon & Garfunkel). Bruce Springsteen has 5 to his credit.

Bob Dylan has only once before been cited as an authority on Article III standing, which concerns who can bring a lawsuit in federal court. His key contribution to legal discourse has been in another area.“The correct rule on the necessity of expert testimony has been summarized by Bob Dylan: ‘You don’t need a weatherman to know which way the wind blows,’ ” a California appeals court wrote in 1981, citing “Subterranean Homesick Blues.” Eighteen other decisions have cited that lyric.
But , it’s not a precise lyrical quote as quoted By the justice on Monday.What Bob Dylan actually sings, of course, is, “When you ain’t got nothing, you got nothing to lose.”It’s true that many Web sites, including Bob Dylan’s official one, reproduce the lyric as Chief Justice Roberts does. But a more careful Dylanist might have consulted his iPod. “It was almost certainly the clerks who provided the citation,” Professor Long said. “I suppose their use of the Internet to check the lyrics violates one of the first rules they learned when they were all on law review: when quoting, always check the quote with the original source, not someone else’s characterization of what the source said.”

Infact after 4 decade popular music becomes acceptable game for Supreme Court-level legal discourse.
Like a Rolling Stone
Once upon a time you dressed so fine
You threw the bums a dime in your prime, didn't you?
People'd call, say, "Beware doll, you're bound to fall
"You thought they were all kiddin' you
You used to laugh about
Everybody that was hangin' out
Now you don't talk so loudNow you don't seem so proud
About having to be scrounging for your next meal.
How does it feel
How does it feel
To be without a home
Like a complete unknown
Like a rolling stone?
You've gone to the finest school all right, Miss Lonely
But you know you only used to get juiced in it
And nobody has ever taught you how to live on the street
And now you find out you're gonna have to get used to it
You said you'd never compromise
With the mystery tramp, but now you realize
He's not selling any alibis
As you stare into the vacuum of his eyes
And ask him do you want to make a deal?
How does it feelHow does it feel
To be on your own
With no direction home
Like a complete unknown
Like a rolling stone?
You never turned around to see the frowns on the jugglers and the clowns
When they all come down and did tricks for you
You never understood that it ain't no good
You shouldn't let other people get your kicks for you
You used to ride on the chrome horse with your diplomat
Who carried on his shoulder a Siamese cat
Ain't it hard when you discover that
He really wasn't where it's at
After he took from you everything he could steal.
How does it feel
How does it feel
To be on your own
With no direction home
Like a complete unknown
Like a rolling stone?
Princess on the steeple and all the pretty people
They're drinkin', thinkin' that they got it made
Exchanging all kinds of precious gifts and things
But you'd better lift your diamond ring,
you'd better pawn it babe
You used to be so amused
At Napoleon in rags and the language that he used
Go to him now, he calls you, you can't refuse
When you got nothing, you got nothing to lose
You're invisible now, you got no secrets to conceal.
How does it feel
How does it feel
To be on your own
With no direction home
Like a complete unknown
Like a rolling stone?

2 comments:

  1. Bob Dylan is the best of the best from all times! Like a Rolling stone is the best song in the video list of that site: http://www.weshow.com/top10/en/

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  2. Hi Shehla,

    Looks like most bloggers have a thing for Bob Dylan? Is it because there is a parallel between blogging and the counter culture ideology? I think yes.

    Regards,

    Jude

    PS: I too have written some on him, Check out: http://judeunleashed.blogspot.com/2007/12/bob-dylan.html

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