I love Star Trek. I grew up watching Trek and have continued to watch every series. I am not the only lawyer who fits that description. To celebrate the 55th Anniversary of Star Trek, we asked California Supreme Court Associate Justice Mariano-Florentino Cuéllar, Circuit Judge John Owens of the Ninth Circuit Court of Appeals, and US Magistrate Judge Mitch Dembin what Star Trek means to them, their first Trek memories, how Trek has inspired them, characters they identify with, and their thoughts on legal issues from Star Trek.
We kicked off 2019 with two Star Trek webinars on the Trials of Star Trek and Star Trek Elimination of Bias. Sorry, CLE credit is not available for the recordings.
Recorded on January 28, 2019. Every generation of Star Trek had at least one trial episode that explored the ethical duties of attorneys. The stories Judgment in Enterprise and Rules of Engagement in Deep Space Nine, all are out of this world example of trial advocacy, the duty of loyalty, competency, and the special duties of prosecutors.
Recorded on January 29, 2019. Star Trek has shown a future with Equal Protection under the law. We will boldly go across each series exploring discrimination and bias issues that include women and the practice of law, gender identity, slavery, refugees, religion, and race. Laws discussed will include the US Constitution, 13th Amendment, 14th Amendment, the Unruh Civil Rights Act, the Religious Freedom Restoration Act, and the Civil Rights Act of 1964.
We had an amazing time at our first Silicon Valley Comic Con. Thank you to everyone who filled our seminar room on Sunday morning. We were thrilled Rod Roddenberry even saw our discussion on Space Seed. Below please find the slides from our panel and the live recording of our presentation. Thank you Silicon Valley Comic Con for a great show; we hope to return in 2018.
“Awe inspiring” is the best way to describe our second appearance at San Diego Comic Con. Our Star Trek panel brought together the most talented speakers I have ever moderated. I thank all of them for joining the adventure to discuss Star Trek and Supergirl at Comic Con.
Star Trek is one of the greatest loves of my life. From the tearful car ride home after Wrath of Khan, to watching Deep Space Nine in college, or Voyager in law school, I have always stood a little taller whenever I hear, “Space, the final frontier.” It was an honor to have a small part in celebrating the 50th Anniversary of Star Trek with our panel, “Star Trek: Where Lawyers Boldly Go.”
Comic Con is a lot like V’Ger: Huge. There are around a dozen panels an hour from 10am to 8pm (a few even later). There are contests, photo opts, and of course, the Exhibit Hall. There is no shortage of things to do. Here are some of our moments:
Star Trek: Where Lawyers Boldly Go
California Supreme Court Justice Mariano-Florentino Cuellar, Neel Chatterjee, Christine Peek, Paul Grewal, Megan Hitchcock, and Jessica Mederson, all had amazing legal analysis of the different trial episodes in Star Trek.
Christine Peek prepared a mind map connecting the different trial episodes. A huge thank you to special effects wizard Jesse Toves, who prepared a Star Trek themed mind map for our agenda.
Christine Peek’s material on Judgment could be used to teach a trial advocacy class. Christine covered everything from the duty of competency to how she would cross-examine Duras. We’ll post her material in a future blog post.
Neel Chatterjee prepared amazing case summaries and legal analysis. Neel also wore his love of Star Trek on his sleeve, presenting in full Starfleet Wrath of Khan era uniform.
Justice Cuellar is an extremely inspiring individual. He spoke on watching Star Trek as a young boy in Mexico on his grandmother’s black and white TV set. The Justice then shared his thoughts on how the Prime Directive has been applied throughout the series and movies. Justice Cuellar and Paul Grewal’s analysis of Measure of a Man was masterful on equal protection and artificial intelligence. The Justice also identified his favorite starship as the USS Voyager, because it is “svelte, sleek design, smart, fast, incredibly resilient, and wasted little space.”
Nearly 400 people attended our Star Trek panel. There were approximately 100 to 150 people who identified themselves as attorneys. One attendee in a Darth Vader dress introduced herself as a California Judge in Compton. There is no question that long before many attorneys and judges practiced law, they grew up watching Star Trek.
Paul Grewal explaining the similarities between the Klingon legal system and the United States.
Jimmy Olsen Asks the Tough Questions on Kryptonian Justice
Our second SDCC panel explored the legal issues in Supergirl. My brother Gabe Diani moderated the session as the Golden Age Jimmy Olsen.
We had a blast discussing whether imprisoning people in the Phantom Zone violates the 8th Amendment, liability for property damage in battling super-villains, and whether Supergirl’s super hearing could subject her to an invasion of privacy claim.
Thank you to all of our panelists and attendees. Our slides are available below.
Famous Monsters is pulling out all the stops to honor the first cosplayer and the man who coined the phrase “sci fi”: Forrest J. Ackerman.
FM had an all-star panel honoring “Uncle Forry” for his 100th birthday. Legends shared their memories of Ackerman, including Bjo and John Trimble, the couple who ran the “Save Star Trek” campaign. Without their campaign, there would not have been a third season of Star Trek, which would have resulted in the show never being syndicated. The Trimbles also met under Ackerman’s grand piano, which is its own unique story.
Bjo and John Trimble.
Memorable Panels
There were many great panels, including a tribute to Jack Kirby, one with the Women of Marvel, Super-Hero Therapy, and out-of-this-world Star Trek panels with NASA and the Smithsonian. I was extremely surprised to find out the official Jack Kirby biographer was the jury foreman at our Mock Trial of the Winter Soldier.
Dr. Janina Scarlet at the Super-Hero Therapy panel.
It’s “Legal Research”
San Diego Comic Con was an excellent opportunity to pick up props for future blog posts. I am ready for Luke Cage, Iron Fist, Doctor Strange, and other upcoming releases. I was especially impressed with the t-shirts from Red Chapter and will feature them in the fall.
Braving long lines for a purchase is always a reason to celebrate.
Always a Monster Party
No Comic Con is complete without Monster Party. It was great visiting with my friends Matt Weinhold, Larry Strothe, James Gonis, and Shawn Sheridan. I had a blast joining them for their SDCC recording to talk about our Comic Con adventures.
Yes, James did cosplay as Jor-El from the 1978 Superman movie.
Make It So
San Diego Comic Con 2016 was a career milestone. These were the most high profile panels I have ever prepared. I thank all of the attorneys who joined us for the adventure. I look forward to 2017.
I have hit the milestone that always seemed like a far distant future: I turned 40.
While my feelings on my age are very reflective of Admiral Kirk in Wrath of Khan, I have lived in one of the best eras of geekdom EVER.
Being a geek means you appreciate the symbolism from the stories you love. Many of us love to quote films. We know the value of a moment in time. We also know that moments in time can be lost like tears in the rain, but for everyone who is a geek, we know that this, this is our time.
Let’s take a look at what I think are the best geek moments of the last 40 years:
Roll Out of Space Shuttle Enterprise (September 17, 1975)
The Space Shuttle Enterprise at the National Air & Space Museum Annex at Dulles International Airport in 2008.
The Space Shuttle Enterprise was rolled out on my first birthday. This event is a testament to how much people love Star Trek, as it was the fans that inspired NASA to name the test Shuttle Enterprise.
The 747 glide and landing tests of Enterprise paved the way for the first flight of the Columbia in 1981. I had the privilege of seeing the roll out of Columbia, because my father was in charge of the team that installed the tiles.
Roll out of Columbia.
Star Wars: A New Hope (1977)
A substantial part of my childhood was spent either watching Star Wars, or running around the backyard with my Y-Wing Fighter, or having light saber fights with my brother. Granted, I was so young when I saw the original Star Wars, I had confused memories in my early years of wondering where I saw a double sunset.
Battlestar Galactica (Debuted on my birthday in 1978)
What better birthday present for a four year old then spaceships and robots fighting?
The original Battlestar Galactica was an outright rejection of detente with the Soviet Union or pacifist leaders. Even the doomed Colonies President looked like Jimmy Carter, whose dovish policies resulted in the near destruction of humanity. Political overtones aside, Donald Bellisario created elements in Battlestar that would later be seen in Quantum Leap.
The 2004 reboot of Battlestar Galactica was not a reflection of Cold War politics, but the War on Terror. Lots of great issues and effectively ends with the opening quote of the original series: “There are those who believe that life here, began out there.”
Superman the Movie (1978)
Richard Donner and Christopher Reeve proved a comic book character could be a colossal box office hit. Without Superman the Movie, there would have been no Spider-Man, Iron Man, Avengers, or Guardians of the Galaxy. Add in a “super” movie score, and the bar was set for super-hero movies in 1978.
Star Blazers (Debuted on my birthday in 1979)
Battleships. In space. With a theme song that said, If we can win the Earth will survive.
Sold.
Star Blazers introduced a lot of “adult” concepts on a children’s TV show. Little things like genocide of the human race through nuclear war.
Captain Avatar’s dying words, as he looked at a picture of his dead son and irradiated Earth through his tears, echoed in my five year old mind for years: “The Earth. I am sorry I will not be here to see you green again. But I have seen you.” [Picture falls to the deck, Doctor comes in the stateroom and salutes his dead Captain.]
Star Wars: Empire Strikes Back (1980)
My mother took me to see Empire on opening day. We sat out on a beach blanket at the now gone Century 21 movie theaters in San Jose waiting hours in line. I can still remember the heat of that day in May 1980. She loved telling the story of how my feet stopped at the edge of the seat and for the length of the film, I did not move or blink. The audience reacting in total horror and shock of Darth Vader saying, “No, IAMYOUR FATHER,” is perhaps one of the most iconic moments in film.
Empire also taught us life does not always have a happy ending. Sometimes, you just survive to live another day.
Superman 2 (1980)
Kneel before Zod! Kneel!
Raiders of the Lost Ark (1981)
We are simply passing through history. This, this is history.
Steven Spielberg and George Lucas brought the classic adventures of the 1930s back in full force, while fighting Nazis, and finding the Ark of the Covenant. Moreover, you are hard pressed to find a living male who did not want to be Indiana Jones.
Star Trek II: The Wrath of Khan (1982)
I remember going home from seeing Wrath of Khan, looking out the car window at the night sky, trying not to cry.
The Wrath of Khan has an impressive list of life lessons, from facing a no-win scenario, the challenge of aging, redemption of parents, and sacrificing yourself to save your friends, because the needs of the many outweigh the needs of the few.
Blade Runner (1982)
Ridley Scott’s science fiction epic has many dynamic questions on being human. Roy Batty’s final words always captivated me: I’ve seen things you people wouldn’t believe. Attack ships on fire off the shoulder of Orion. I’ve watched c-beams glitter in the dark near the Tannhäuser Gate. All those … moments will be lost in time, like tears…in rain. Time to die.
The fact Roy Batty let Deckard live added a surreal complexity to the film’s villain, posing the theory that Batty had loved life more than he had before dying, which is why he did not kill the hero.
Return of the Jedi (1983)
I have very fond memories of seeing Return of the Jedi opening weekend. There was a sense of awe. People cheered when Vader threw the Emperor down the exhaust shaft.
And Vader did not yell “Nooooo” in 1983.
Star Trek III: Search for Spock (1984)
Sometimes, the needs of the one outweigh the needs of the many. Search for Spock had wonderful symbolism of loyalty between friends. The crew of the Enterprise was willing to destroy their careers in order to save two of their friends. The end result was another lesson in changing the definition of victory, when you have to destroy your own ship to save everyone.
Plus kick the bad guy off a cliff into lava.
Ghostbusters
I ain’t afraid of no ghost.
One of the most entertaining geek movies ever. One of the main villains is also the EPA and government regulations, proving not all evil spirits are undead.
Back to the Future
I remember seeing Back to the Future with my paternal grandparents in Ann Arbor, Michigan when the movie came out. A wonderful story with reckless driving, treason, collaborating with terrorists, and defense of others.
Man, this is heavy.
TimeCon 1985 & 1986
My first “geek” convention was TimeCon in 1985, celebrating Star Trek, Doctor Who, and a whole lot of science fiction. We got to meet James Doohan, Walter Koenig, George Takei, and Anthony Anthony.
Stark Trek IV: The Voyage Home
1986 was a year when Star Trek went mainstream with The Voyage Home. A great story that caught the attention of a much broader audience than traditional science fiction fans.
We also had a very short trial for our heroes. While they did have a solid necessity defense for stealing the Enterprise, sabotaging Excelsior, and destroying the Enterprise, they went with a guilty plea.
Aliens (1986)
Game over man. 17 days, we won’t last 17 hours.
Exhibit A you can have a science fiction blockbuster with a strong female lead. Bring on Captain Marvel.Agent Carter cannot get here fast enough.
Terminator 2
Come with me if you want to live.
Exhibit B that that you can have a strong female lead.
Jurassic Park (1993)
Steven Spielberg brought dinosaurs to life with both CGI and practical special effects.
A real game changer in film making.
Moreover, if you can create an extinct species, is it automatically on the endangered list?
1990s Science Fiction on Television
Star Trek the Next Generation, Deep Space Nine, Voyager, X-Files, and Babylon 5 were all shows I watched weekly. I gave shows like Earth Final Conflict, Space Above & Beyond, Tek Wars, and Lexx, a chance, but never got into them.
X-Men (2000)
The first X-Men movie brought back comic book movies as a viable box office success. After years of defeat, from Superman the Quest for Peace to Howard the Duck,X-Men was a fun adaption of our favorite mutants.
Until X-Men: Last Stand destroyed it, then X-Men: First Class saved it, and X-Men: Days of Future Past, put us back on the right track.
The Lord of the Rings Trilogy
Peter Jackson brought J.R.R. Tolkien to life. The fact Return of the King won Best Picture and Jackson took home Best Director, demonstrated “sci fi” and “fantasy” films could clean house at the Oscars.
Spider-Man (2002)
The first two Spider-Man movies again showed comic book movies could be successful. And then Spider-Man 3 torpedoed the franchise.
Firefly (2002)
What happens when you have an amazing show that is a creative adventure of a steampunk Western in Space where being a “Companion” is a respected career choice? You get cancelled after a dozen episodes (or fourteen counting the two unaired ones). Firefly suffered that initial fate, but because of its incredible fan base, developed cult status and spawned one movie.
You can’t stop the signal.
The Dark Knight Trilogy
Batman Begins, the Dark Knight, and Dark Knight Rises, again demonstrate comic book movies have depth and box office success. Sure, watching all three in a row can be highly traumatic, but an action-packed tour de force. Never mind Gotham looks like a fictional city, then Chicago, and then New York.
Marvel’s Civil War
I started re-collecting comics after many years because of Civil War. A very gripping story that walked the tight rope of making both sides look right, whether you supported the Registration Act or thought it looked like a massive civil rights violation.
The story’s ending with Captain America’s assassination and following shock waves in Fallen Son and James Barns/Winter Soldier ultimately becoming Captain America were fantastic.
I actually had to get Captain America #25 in Canada. Not one the local comic book stores had the big issue of Cap’s death and I was lucky to get the last issue in Vancouver on a business trip.
DC’s Sinestro War & Blackest Night
The Sinestro War in Green Lantern was a stunning war story that ultimately turned on the Green Lanterns shifting from law enforcement to war-making when the Guardians gave the Green Lantern Corps permission to kill members of the Sinestro Corps. The war is won, but at a cost that ultimately lead to the Blackest Night.
DC delivered again with Blackest Night, where death itself declared war on life. Heroes and villains alike are brutally killed by dead characters who rip out the hearts of the living. There were actually disturbing deaths before the battle was turned in the heroes’ favor.
There many symbolic moments of how the different Lanterns interacted, such as only the Blue Lantern representing Hope could calm the Red Lantern represent rage, or that Compassion was the rarest of all the Power Rings.
Star Trek (2009)
JJ Abrams brought Star Trek back after years of being off the air and the big screen. The return of Star Trek also showed a new era in science fiction film making, because fans who grew up watching the show and movies, are now making the movies.
The Entire Marvel Cinematic Universe
Marvel movies have set the gold standard for comic book adaptions. They range in depth from political thrillers like Captain America The Winter Soldier to a rip-roaring good times of Guardians of the Galaxy. I look forward to their future films.
The Day of the Doctor
Doctor Who for decades was watched on late night PBS in the United States. The fact the 50th Anniversary special was a global simulcast that broke world records stands as testament that being a “geek” is now mainstream. Also factor in the 3D showings in one night that had fans from five decades dressing up and cheering is just wicked cool.
That Time Being a Geek Helped Save My Life
On February 21, 1990, my bowel ruptured as a result of being undiagnosed with Crohn’s Disease for five years. What followed included nearly 70 days in two hospitals, three surgeries, and a whole lot of pain.
I spent my days in the hospital watching Star Trek and Raiders of the Lost Ark. I also read Tom Clancy’s Clear & Present Danger. My wonderful grandmother set out to find Stephen Coonts’ third book The Minotaur. I had to know what happened after Final Flight.
My very kind godmother worked some magic with her sister, a florist in Beverly Hills, who through several contacts asked Leonard Nimoy to send me a get well card. Being an outstanding human being, Nimoy delivered.
I was lucky to meet Leonard Nimoy in 2009 at a conference and thank him for sending me a get well card back in 1990.
Life is the Greatest Adventure
My first 40 years have been a great adventure.
I have seen two Space Shuttle launches, watched dolphins illuminated by bioluminescent plankton swim around a tall ship, borrowed aircraft carriers and battleships, and have traveled from Anchorage to Saint Thomas. There are many more adventures to have and I look forward to the days ahead.
What tribbles are to the Starship Enterprise, Captain Kirk, and Mr. Spock, the parties’ ever-multiplying sealing and redaction requests are to this case, Judge Koh, and the undersigned.
Magistrate Judge Paul Grewal
Apple Inc. v. Samsung Elecs. Co., 2013 U.S. Dist. LEXIS 15072 (N.D. Cal. Feb. 1, 2013).
In fact, on August 1, 2012 your tweets will be sent across the universe to a galaxy far, far away.
Judge Matthew Sciarrino
People of the State of New York v. Malcolm Harris, Docket No. 2011NY080152 (N.Y. Crim. Ct. June 30, 2012).
Jessica and I were extremely honored to have Judge Paul Grewal and Judge Matthew Sciarrino join us for our first anniversary special.
Each took time to share their favorite science fiction story, what it meant to them and the impact science fiction has had upon them.
We hope you enjoy our anniversary special. Thank you Judge Grewal and Judge Sciarrino for sharing your thoughts on science fiction.
Star Trek Deep Space 9 addressed many legal issues in its seven seasons, from whether a host of a symbiont could be tried for the crimes of a past host/symbiont (Dax), to the right to a fair trial (Tribunal) and prosecutorial misconduct from presenting false evidence in a court hearing (Rules of Engagement).
Some of the biggest legal issues presented were on Ferengi culture across multiple episodes. Ferengi law prohibited women from wearing clothes, leaving the home, learning to read and earning profit. Moreover, 53% of Ferengi population was female, casting the laws as a form of gender-apartheid.
Adding insult to further injury, women who wished to marry had to sign a Waiver of Property & Profit, which was a prenuptial agreement that prohibited the prospective wife from 1) owning any property and 2) making any claims against the husband’s estate in the event the marriage ends.
Many of these issues were the central themes in the episode Ferengi Love Songs, which addressed prenuptial marital agreements and equal protection under the law.
Validity of Ferengi Prenuptial Agreements
In Community Property states (or planets), property acquired during a marriage is the joint property of the “community” and would be divided equally at either divorce or death (unless the community interest owned by the deceased spouse is specified in a will). Conversely, property acquired before marriage, or acquired by gift or devise, is the separate property of a spouse.
However, the property rights of the community may be altered by a “contract” between the husband and wife (such as a premarital agreement).
In California, these agreements are executed without consideration and become effective when the marriage begins.
And no [fictional] race is better at contracts than the Ferengi.
Considering these legal principles, could the Ferengi Rom have a valid prenuptial agreement with his Bajoran fiance Leeta that prohibited her from having an interest in his property?
Could Rom prohibit Leeta from owning any property?
As a preliminary matter, simply decloaking before a prospective wife with such an agreement is pretty much entering the command code to set your relationship on self-destruct. With a zero second countdown. It truly would be the no-win scenario.
California law states for a premarital agreement to be enforceable, the following must be demonstrated:
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:
(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
(B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following:
(1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel.
(2) The party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel and the time the agreement was signed.
(3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations he or she was giving up by signing the agreement, and was proficient in the language in which the explanation of the party’s rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that he or she received the information required by this paragraph and indicating who provided that information.
(4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement.
(5) Any other factors the court deems relevant.
Cal Fam Code § 1615.
Right out of the space dock, the premarital agreement would be unenforceable on its face if the prospective wife was not represented by counsel to advise the prospective wife on her property ownership rights or possible community property rights. Additionally, there would be a strong public policy agreement against stripping the prospective wife of her right to own any property. That alone would leave the premarital agreement dead in space.
While case law has upheld premarital agreements with spousal support waivers that are “executed by intelligent, well-educated persons, each of whom is self-sufficient in property and earning ability, and both of whom had the advice of counsel regarding their rights and obligations as marital partners at the time they executed the waiver,” divesting a woman of her right to own any property would completely destroy the prospective wife’s ability to be “self-sufficient in property and earning ability.” In re Marriage of Pendleton & Fireman, 24 Cal. 4th 39 (Cal. 2000). Moreover, there is a huge difference between contracting away spousal support rights and a woman being reduced to property.
Turning to Oklahoma case law, an “antenuptial agreement” is enforcement if it is “fairly procured.” Okla. Stat. Ann. title 84, § 44; In re Estate of Cobb, 305 P.2d 1028, Syl. P 2 (Okla. 1956). One Oklahoma case stated:
To ensure fairness, antenuptial agreements that make no provision for the intended wife are given the “closest scrutiny.” Cobb, 305 P.2d at 1031. Further, agreements that do not provide (or meagerly provide) for the intended wife are valid only where “a full and fair disclosure was made to her of the extent and value of [her prospective husband’s] property before she signed it, or that she was aware to all intents and purposes of the nature, character and value of the estate which she was relinquishing . . . .” Id. at 1032 (emphasis added).
Gant v. Gant, 1994 U.S. App. LEXIS 20603 (10th Cir. Okla. Aug. 4, 1994).
The Gant case would be of little help to finding an enforceable Ferengi prenuptial agreement, because even if the prospective wife understood the value of the estate she was relinquishing, one could not argue giving up an interest in a future husband’s estate is the same as giving up her right to own property herself.
It is highly unlikely that a prenuptial agreement that prohibited a wife from owning property would be valid. However, a prenuptial agreement that only protected the pre-marriage assets of the parties is a “traditional” prenuptial agreement. If Rom simply wanted to protect his own estate in the event of divorce, it likely would be a valid prenuptial agreement, depending on how the agreement was executed. Consider the following valid marital agreement:
WHEREAS, the parties to this agreement contemplate entering into the marriage relation with each other, and;
WHEREAS, [the husband], individually owns certain tangible and intangible property, a list of which is set out hereinafter in Exhibit ‘A’, the nature and extent of which has been disclosed to the [wife], and he desires that all property now owned or hereafter acquired by either [sic] shall be free, for purposes of testamentary disposition, divorce or otherwise, from any claim of the [wife], that may arise by reason of their contemplated marriage, other than as set out herein;
NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is agreed as follows:
1. Both before and after the solemnization of the marriage between the parties, [the husband] shall separately retain all rights in his own property, including all interest, rents and profits which may accrue or result in any manner from increases in value, and he shall have the absolute and unrestricted right to dispose of his property, free from any claim that may be made by the [wife] by reason of their marriage, and with the same effect as if no marriage had been consummated between them, whether such disposition be made by gift, conveyance, sale, lease; by will or codicil or other testamentary means; by laws of intestacy; or otherwise. Any property, real, personal or mixed, acquired after the date of said marriage shall be considered joint property unless agreed to in writing, signed by both parties.
. . . .
8. [The wife] has examined the financial statements attached hereto and made a part hereof as Exhibit ‘A’ and has had the opportunity to question and examine all items therein, and acknowledges that fair disclosure has been made by [the husband], as contemplated under the provisions of Section 43-8-72, Code of Alabama (1975), as amended. Each certifies that he or she has had an independent and separate counsel and has been independently advised and has been given, without limitation, all information requested. Each further certifies that counsel has advised and informed him or her of the legal effects of this document.
9. In the event of the death of [the husband] or the granting of a final divorce decree, [the wife] shall have no right to any claim against the estate of [the husband] based on spousal or marital rights including, but not limited to maintenance, support, or property settlements, by reason of or on account of dissolution of the marriage, or by reason of death.”
Exhibit A, which was a document attached to the antenuptial agreement, was labeled “Property to be Retained by [the husband], Individually, Without Any Claims by [the wife],” and it included six paragraphs identifying real and personal property, as follows:”
1. Any pension plan, including all stocks owned prior to marriage of parties, and including any IRA accounts, SEP IRA accounts or 401k accounts.
2. All checking and/or savings accounts, including money market accounts individually owned by [the husband], prior to marriage of the parties.
3. All jewelry owned by [the husband], including jewelry passed down to said [husband] by his parents, and/or grandparents, including his mother’s engagement ring, grandmother’s engagement ring, mother’s diamond/ruby ring, mother’s emerald ring, and father’s diamond cluster ring.
4. Automobiles owned prior to marriage, including BMW automobile [and] Ford Explorer.
5. Home, real estate, and furnishings located therein, located at [the marital residence].
6. All personal property and belongings owned by [the husband] prior to the marriage of the parties.”
Hood v. Hood, 72 So. 3d 666, 670-671 (Ala. Civ. App. 2011).
There is no question that a court, especially considering the contract would provide nothing to the wife in the event of divorce or death, would closely review a prenuptial agreement.
To be valid, a court would require having Leeta at least be represented by an attorney, with an opportunity to fully review Rom’s assets and understand what rights she was waiving.
Even then, the former Dabo Girl turned Jumja stick vendor, still might have been at a disadvantage to negotiate, given their differences in economic abilities.
Sadly, the episode does not have a happy legal ending, because neither party had an attorney. Instead of a prenuptial agreement that protected the interests of both Rom and Leeta, Rom gave away his money to an orphanage (a win for the children), effectively taking a vow of mutual poverty to marry Leeta.
If only there had been a law firm on DS9….
Now, let’s talk about equal protection under the law for Ferengi women who are banned from reading, wearing clothes, leaving the house, having a job, or earning profit….
…and don’t forget about the potential harassment suits over Quark’s employment contracts over Oo-mox….
