Not all law is boring

From the Wall Street Journal Law Blog:

Last week, a dissenting judge in a Sixth Circuit Court of Appeals case dropped a Homer Simpson colloquy with God into a decision involving arbitration and employment law.

At issue in the case: whether an employee was bound to arbitrate, rather than sue, over an employment dispute when she continued to work at a company after it instituted an arbitration program for employment-related disputes. The court said yes, she was. Judge Boyce Martin, however, disagreed. In the midst of a longer discussion about contract law, Judge Boyce asked: "Without a signal that she understands that a contract is being made, how is one to know if she has truly accepted?" He then footnoted:

"Homer Simpson talking to God: 'Here's the deal: you freeze everything as it is, and I won't ask for anything more. If that is OK, please give me absolutely no sign. [no response] OK, deal. In gratitude, I present you this offering of cookies and milk. If you want me to eat them for you, please give me no sign. [no response] Thy will be done.' The Simpsons: And Maggie Makes Three (Fox television broadcast, Jan. 22, 1995)."

Judge Martin, 72 years old, happily acknowledged that he didn't come up with the footnote. He credits Anne Gordon, one of his law clerks and a recent graduate of the University of Michigan Law School, with the Simpsons take on unilateral contracts.