Higher Education: The Dumbledore Factor

From the Chronicle of Higher Education, why Dumbledore is a good administrator (but check out the comments--some folks don't agree).

A New Book on The Law and Harry Potter

New Collection: The Law and Harry Potter, edited by Jeffrey E. Thomas and Franklin G. Snyder (Carolina Academic Press, 2010). This volume considers the depiction of law and legal institutions in J. K. Rowling's Harry Potter novels. It contains more than twenty chapters by legal academics from the U.S. and abroad. The chapters are organized in five sections: Legal Traditions and Institutions, Crimes and Punishments, Harry Potter and Identity, the Wizard Economy, and Harry Potter as an Archetype. Some chapters analyze the way law and legal institutions are portrayed, and what these portrayals teach us about concepts such as morality, justice, and difference. Other chapters illustrate or analyze legal issues, such as human rights, actual innocence, and legal pedagogy. The volume is suitable for undergraduate or law school courses, and will be of interest to those Harry Potter fans who also have an interest in law and the legal profession.

The Allure of Alcohol in the Newest Harry Potter Flick

The New York Times' Tara Parker-Pope discusses the flood of alcohol in the newest Harry Potter movie.

Previous Harry Potter movies have shown drinking, but this one takes it to a new level. In one scene, Harry, Ron and Hermione order butterbeers at the pub, and Hermione ends up with a frothy mustache. While it’s never been entirely clear whether butterbeer is alcoholic, it seems to have an effect on the normally uptight Hermione, who acts tipsy walking home as she throws her arms around the boys. As the mother of a 10-year-old Harry Potter fan, I was taken aback by the reaction of the young people in the theater. They snickered at Hermione’s goofy grin and, later, guffawed when an inebriated Hagrid passed out. While I don’t think my daughter fully understood what was going on, I wondered how other parents, educators and addiction experts would react.

Read the rest of her article here.

Does the image of teens quaffing booze present a teachable moment? Only, I'd suggest, if parents and guardians know about the moment to begin with. A good reason for them to go to movies with their children, and to interest themselves in their children's reading, movie-watching, videogame playing and other hobbies. But not too much. Nothing so uncool as an adult who's trying too hard. Remember your own tween and teen years. Heed the cardinal rule: Embarrass Them Not!

Fan Fiction and the RDR Books Decision

Megan L. Richardson, University of Melbourne Law School, and David Tan have published The Art of Retelling: Harry Potter and Copyright in a Fan-Literature Era as 14 Media & Arts Law Review 31 (2009). Here is the abstract.

Simple assertions that fans are harmless may be belied by the copyright cases threatened and launched by authors of popular fictional works, against fans who write secondary works based on distinctive elements of the original stories. On the other hand, it may be that authors are too possessive of their creations, seeking to control their imaginary afterlives. The story of Warner Bros v RDR Books - the Harry Potter Lexicon case - provides a vehicle to examine the conundrum. The decision of Patterson J in the US District Court seeks to navigate a fine line between original authorial control and literary activities of fans, in suggesting that, in the main, fan literature should be encouraged and protected as fair use for copyright law purposes. However, the judge faced an uphill battle in countering Rowling's insistence that she was entitled to exercise control over all products derived from her 'nominative genius'. In the decision's aftermath, Rowling has elected to support rather than challenge a new version of the Lexicon, which seeks to incorporate substantially more commentary than the original version. However, we wonder what breathing space will be left for fan fiction.

Download the article from SSRN here.

Harry Potter the Anglo-Saxon

Susan Liemer, Southern Illinois University at Carbondale School of Law, has published "Bot and Gemots: Anglo-Saxon Legal References in Harry Potter," forthcoming in Harry Potter and the Law (Carolina Academic Press). Here is the abstract.

In the popular Harry Potter book series, author J.K. Rowling obliquely references the legal world of the old Anglo-Saxon tribes. This article explains how she does so and offers explanations to help readers understand the parallels between legal institutions of the Anglo-Saxon world and the legal institutions in Harry's wizard world. This understanding may deepen readers' appreciation of the dynamics in each trial scene in the series.

Download the essay from SSRN here.

Fan Fiction, Harry Potter, and Copyright Law

Aaron Schwabach, Thomas Jefferson School of Law, has published "The Harry Potter Lexicon and the World of Fandom: Fan Fiction, Outsider Works, and Copyright," has TJSL Legal Studies Research Paper No. 1274293. Here is the abstract.

Fan fiction, long a nearly invisible form of outsider art, has grown exponentially in volume and legal importance in the past decade. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of issues of property, sexuality, and gender. This article examines three disputes over fan writings, concluding with the recent dispute between J.K. Rowling and Steven Vander Ark over the Harry Potter Lexicon, which Rowling once praised and more recently succeeded in suppressing. The article builds on and adds to the emerging body of scholarship on fan fiction, concluding that much fan fiction is fair use under 17 U.S.C. section 107. But much is not, as well.

Download the paper from SSRN here.