Truth Between the Lines
June 10, 2015
While driving through northwest Nebraska recently, my wife and I saw a historical marker informing us that, in 1875 the U.S. government “made an unsuccessful attempt to buy the Black Hills area from the Indians. It was not until after the bloody campaigns in 1876 that the Sioux Commission, headed by George Manypenny, succeeded in purchasing the area.”
I wonder if date-rape defendants might be able to use this rationale in their defense. “I tried to persuade the young lady to have sex with me, but she was unwilling to do so. After I slipped a drug into her drink, she passed out and was no longer reluctant.”
Butler Shaffer was Professor Emeritus at Southwestern University School of Law. He is the author of In Restraint of Trade: The Business Campaign Against Competition, 1918–1938, Calculated Chaos: Institutional Threats to Peace and Human Survival, and Boundaries of Order. His latest book is The Wizards of Ozymandias.

