Superheroes and Contempt

A few dozen issues into Iron Man’s original Tales of Suspense run, Senator Harrington Byrd (presumably R-NY, weird as that now sounds) made Tony Stark’s life a living hell. Byrd didn’t approve of Stark’s “playboy” lifestyle and was uncomfortable having so many defense contracts going to Stark Industries. His main threat to get what he wanted out of Stark was threatening him with contempt of Congress.

This, as it turns out, is a real thing, associated with Congress’s ability to compel people to appear before congressional committees and subcommittees to answer questions and provide documentation. The Supreme Court first recognized this as an inherent power of Congress in 1821 with Anderson v. Dunn, 19 U.S. 204 (1821). The common law form was replaced by statute in the middle of the nineteenth century, and the current statute is 2 U.S.C. § 192, which provides that a person who refuses to cooperate can be fined up to $1,000 and spend up to a year in jail.

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Time Travel, Suspended Animation, and the Statute of Limitations

Several readers have asked about the interaction between things like time travel and suspended animation with the statute of limitations.  For example, if a character commits a crime, is frozen for the duration of the statute of limitations, then thawed out, are they still culpable?  Or what about a character that commits a crime with a 10 year statute of limitations in 2000 then travels forward in time to 2010?  At first it might seem like these are solid (if somewhat unfair) ways to cheat justice, but let’s take a closer look.

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Law and the Multiverse Mailbag VIII

We’ve got some great issues for the mailbag this week, including immortality and copyright and Bizarro, court translators, and competency.  As always, if you have questions or post suggestions, please send them to james@lawandthemultiverse.com and ryan@lawandthemultiverse.com or leave them in the comments.

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Lost and Found

A common trope in comic books and other literature is the hero (or villain) who accidentally stumbles across a magical artifact or other source of power.  One famous example is Tolkien’s The One Ring, but examples abound in comics as well.  Alan Scott found his namesake Green Lantern in the remains of a train wreck.  Dara Brighton, protagonist of The Sword, finds the namesake weapon in a hidden basement.  Cain Marko, aka The Juggernaut, finds the ruby that gives him his power in a temple in Korea.

In the comics it is taken for granted that these characters are the rightful possessors of the artifacts.  “Finders keepers,” right?  And in the case of the Green Lantern and the Juggernaut’s ruby there also seems to be an implicit invitation to take the artifact.  But what are the legal principles at work here?

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Superhero Organizations and Business Entities

One question that has come up a number of times is what kind of business entity would be best for superhero organizations like the Avengers or the Justice League. This was a bit too much for a mailbag, so here’s a full-length post on the subject.

To discuss this adequately we’ll have to take a brief look at the different kinds of business entities and their pros and cons.

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Law and the Multiverse Mailbag VII

Today we have questions about supervillain gadgets and imposing unwanted powers on people.  As always, if you have questions or post suggestions, please send them to james@lawandthemultiverse.com and ryan@lawandthemultiverse.com or leave them in the comments.

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Superheroes and International Law

International law is one area of the law that we haven’t talked about all that much yet, with the exception of this post on supervillain lair locations. We’ve also talked about immigration and even export control laws, but these are actually considered part of domestic law because their subject matter is essentially the management and control of national borders. True international law has to do with the law of nations, also known as “public international law” and conflict of laws, i.e. deciding which law applies in a given situation, known as “private international law.” International law also includes things like treaties and the UN, i.e. the agreements that nations have with each other in their sovereign capacities.

There are a number of places where comic book stories run up against various international law issues, including trans-national groups like S.H.I.E.L.D. and the actions of superheroes in other countries. Most of the issues we’ll discuss here have to do with public international law, as private international law is 1) way more technical, and 2) not nearly as controversial. Private international law grew out of international commerce to a significant degree, as merchants importing and exporting goods needed to be able to resolve disputes across and between international borders. While the status of human rights and national sovereignty are deeply ideological, merchants 1) mostly just want to know what the law is rather than what it ought to be, and 2) aren’t predisposed to tolerate long and drawn out theoretical disputes. They get in the way of business. So private international law is, by and large, pretty efficient. But as our heroes aren’t generally engaged in, say, the carriage of goods by sea, public international law is where our focus will lie.

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The Martindale Mike Podcast

Our series of podcast appearances continues with the most recent edition of the Martindale Mike podcast over at Martindale.com.  Mike Mintz does a great, fun podcast, and we think you’ll enjoy it.  Thanks again to Mike for inviting us on.

Superpowered Merchandising, Part Two

In the first part of this series we discussed how superheroes (and supervillains) can use copyright to help control the use of their image and generate revenue through merchandising.  Now we’re going to talk about how trademarks can be used for the same purposes.

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Law and the Multiverse Mailbag VI

In today’s mailbag we have questions about FDA regulations and superpower loss.  As always, if you have questions or post suggestions, please send them to james@lawandthemultiverse.com and ryan@lawandthemultiverse.com or leave them in the comments.

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