Monday, October 6, 2008

Can G-d Be Sued?

In my lecture today one of my business law students miss-heard me and thought I asked "can you sue G-d?" While not what I had asked, I challenged the student to answer whether you could sue G-d. The student chuckled until I let her know that G-d actually has been sued. In real courts. On at least several occasions. The class seemed rather surprised (and quite amused) to learn that not only has G-d been sued, but that in one case, G-d actually responded.

A plaintiff in Lincoln, Nebraska filed a lawsuit against G-d claiming, among other things, that G-d has caused "widespread death, destruction and terrorization of millions upon millions of the Earth's inhabitants."

The following week, "two court filings from 'God' came," according to John Friend, clerk of the Douglas County District Court in Omaha. The answer "miraculously appeared on the counter. It just all of a sudden was here—poof!" Friend said.

It took me a minute or two to convince the students that this actually happened. Then, having taught personal jurisdiction to my students earlier this semester, I asked whether they felt that a Nebraska court would properly have jurisdiction over G-d. Was G-d a resident of Nebraska? Some claimed G-d would most certainly not be a resident of Nebraska. This would be utterly ridiculous, the argument went. G-d would much more likely reside in an upscale neighborhood like Chelsea, The Upper East Side or Beverly Hills. One student disagreed, arguing that while G-d might vacation in these places, most of his free time would probably be spent in Israel. Another student thought he would definitely live somewhere in the Bible Belt.

A second set of students felt that G-d must be a resident of everywhere-- having created everywhere, and all. This, said the student, certainly would include Nebraska, and therefore G-d could easily be sued in Nebraska.

One student believed that it didn't matter where G-d resided. "Any wrongful acts commited by G-d were set into motion before there were any laws prohibitting those acts, " said the student. A senior citizen in the class added that "the statute of limitations has run" on anything G-d set into motion thousands of years ago and that in any event, G-d was never properly made aware of the laws prior to designing any unlawful Earth-Blueprint that allowed for murder, arson, and terrorism.

A female student towards the back of the room paused, looked a bit puzzled, and said, "Yeh. I mean no one prosecuted Adam and Eve for flashing each other. Euw."


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