Make 'em bobble!

The Annotated Bobblehead Justice David H. Souter

Members of 2 Live Crew appeared on the cover of As Clean As They Wanna Be (the album on which they parodied Roy Orbison's :Oh, Pretty Woman" with great success in both the music market and the Supreme Court) wearing matching black outfits and gold jewelry. Now Justice Souter matches the Crew too - a caricature of the caricaturists. Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994).

"[O]ne who distributes a device with the object of promoting its use to infringe copyright ... is liable for the resulting acts of infringement by third parties." That includes "the latest release by Modest Mouse," which is lawfully reproduced in part in the device annotated here. Just press the button on the side of Justice Souter's lifeguard chair, and "Float On" in good conscience. MGM v. Grokster, 545 U.S. 913, 919, 926 (2005).

"It would, indeed, have been madness for respondents to have engaged in these transactions with no more protection than the Government's reading would have given them .... [T]he United States is liable to respondents for breach of contract." U.S. v. Winstar, 518 U.S. 839, 910 (1996).

In Faragher v. City of Boca Raton, 524 U.S. 775 (1998), the city was held vicariously liable for the sexual harassment of lifeguards by their supervisors because it failed to exercise reasonable care to prevent the harassing conduct.

David H. Souter, 1990-2009

David Souter was born in Melrose, Massachusetts, in 1939. The son of a banker and homemaker, Souter moved to his grandparents' farmhouse in Weare, Massachusetts, upon their deaths. He majored in philosophy at Harvard and wrote his senior thesis on the jurisprudence of Oliver Wendell Holmes. After graduating magna cum laude in 1961, Souter attended Oxford University as a Rhodes Scholar. He returned to Harvard Law School and graduated in 1966. After two years of private practice, he became New Hampshire's Assistant Attorney General in 1968, Deputy Attorney General in 1971, and Attorney General in 1975. In 1978, he was appointed to the New Hampshire Superior Court as an associate justice, and rose to the New Hampshire Supreme Court in 1983. Souter had served on the United States Court of Appeals for the First Circuit only three months when he was nominated to replace Justice William Brennan on the United States Supreme Court by President George H.W. Bush in 1990. Souter was confirmed by the Senate, 90-9.