The Law of Superheroes

July 30, 2012
In this insightful and entertaining look at how comic book heroes would be affected by real-life laws, Daily and Davidson—attorneys by day and authors of the popular blog “lawandthemultiverse.com”—aren’t afraid to ask the tough questions about superhero behavior. If asked to testify in court, “Could Spider-Man wear his mask? And could he somehow dodge questions about his identity?” The Joker may be mentally ill, “but is he legally insane?” And if Nitro burns Wolverine “knowing that he’ll survive, is it still attempted murder?” Fortunately, Daily and Davidson are neither smart alecks nor ironic, and they take their work as seriously as Batman taking on his arch-villain Bane (although they can be as witty and sly as Catwoman at her best). Their intelligent exploration of ideas in constitutional law, criminal law, evidence, criminal procedure, business law, and even intellectual property always makes for fascinating reading. And a discussion about whether or not the evil Mephisto had a valid claim on Ghost Rider’s soul offers hope for current law school students: “if you like the idea of twisting altruism into a legal defense for the Devil, then you may have a bright future as a defense lawyer.”

September 1, 2012
The creators of the popular website lawandthemultiverse.com expand the concept into a book-length exploration of tricky legal issues faced by comic-book heroes and villains. Lawyers by trade, Daily and Davidson here analyze the types of issues only hard-core comic-book geeks can appreciate, ranging from the question of mutant civil rights to Superman's citizenship status. The authors wholeheartedly acknowledge and embrace the ridiculousness of their endeavor, a factor that helps mitigate the frequently dry discussions. They know their audience: comic obsessives who view funny books not as a means of entertainment, but as a way of life, readers who spend hours debating whether Batman could beat Captain America in a fight or speculating on the sex lives--and sexual preferences--of their costume-clad heroes. Chapters on criminal law (can the Joker use insanity as a valid defense?), constitutional law (can the death penalty be applied to someone who's invulnerable?), criminal procedure (can Spider-Man, as a private citizen unaffiliated with the police, legally arrest and detain someone?) and other creatively conceived issues illuminate the answers to questions few have dared to ask, providing cogent analysis in a way that should be largely understandable to general readers. Unfortunately, the concept is far more engaging than the actual analysis; the book reads like a standard, law-class primer, only all of the examples involve superheroes. It's funny to think about the IRS hounding Superman every time he squeezes a piece of coal into a diamond, but it's not all that exciting to delve into a thorough examination of the statutes under which he could actually be prosecuted. Witty on the Web, ponderous on the page.

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