Homer Simpson Weighs in on Unilateral Contracts Print
Thursday, February 07 2008

Sixth Circuit Court of Appeals Judge Boyce Martin recently turned to Homer Simpson for legal support in his dissenting opinion.

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.

In disagreement with the majority's decision, Judge Martin delved into the intricacies of contract law asking "without a signal that she understands that a contract is being made, how is one to know if she has truly accepted."

Judge Martin then footnoted a monologue of Homer Simpson, the father in the popular Fox television series, "The Simpsons."

"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, credited his law clerk Anne Gordon with the analogy.

—Source: The Wall Street Journal