Race, Property, and Gambling in Mark Twain

While I was looking for something else on SSRN, I came across this interesting paper by Naomi Reed.

Naomi Reed, Columbia University, The Wagers of Whiteness, The Wagers of Blackness Gambling and Race in Pudd'nhead Wilson . Here is the abstract.

"The Wagers of Whiteness, The Wagers of Blackness" analyzes the late nineteenth-century erosion of African Americans' newly acquired citizenship rights by turning to the relationship between gambling, property, and slavery in Mark Twain's Pudd'nhead Wilson (1894). Tom Driscoll's ever-present gambling debts turn him into a thief, and his thefts not only make him unfit to inherit the Driscoll fortune, but also ultimately unmask him as, in Twain's words, "a negro and a slave." Tom's thefts come to constitute blackness as the theft of whiteness, and the novel thus renders racial difference visible through property relationships. This connection prompts a reinterpretation of Plessy v. Ferguson specifically as a property claim: Homer Plessy argued that segregation deprived him of the property of his reputation of being a white man. Juxtaposing Plessy's denied property claim to the Supreme Court's commitment at the close of the nineteenth century to the protection of property rights, this paper shows how race remained articulated in and through a language of property even as biological discourses about racial difference came to the fore.

Download the paper from SSRN here.

Spiritualists and Copyright

Christine A. Corcos, Louisiana State University Law Center, has published 'Ghostwriters': Spiritualists, Copyright Infringement, and Rights of Publicity, in Law and Magic: A Collection of Essays (Christine A. Corcos, ed.: Durham, NC: Carolina Academic Press, 2009). Here is the abstract.

In 1917, British-born editor and publisher Mitchell Kennerley (1878-1950) offered for sale Jap Herron, a new novel which he implied was written by the eminent Mark Twain. There was no author's name on the title page, but the frontispiece was a portrait of Mark Twain. This book included an introduction by St. Louis journalist and author Emily Grant Hutchings explaining the odd origins of the novel. Indeed, they were odd - Mark Twain, whose real name was Samuel Clemens, had been dead for six years, and the manuscript of Jap Herron was not some old piece of fiction he had left behind in a desk to be discovered after his demise. In her preface, Mrs. Hutchings claimed that Twain, to whom she referred familiarly as Mark, and whom she had met during his life, had dictated the book, as well as two short stories, to her through a Ouija Board, that is, through spirit communication via a board labeled with the alphabet, and with the assistance of a spirit medium, Mrs. Lola V. Hays.