BLS Library Blog

Another interesting title in the latest Brooklyn Law School Library New Book List is Law and Medicine in Revolutionary America: Dissecting the Rush v. Cobbett Trial, 1799, by Linda Myrsiades (Call #KF228.R85 M97 2012). The book focuses on the Yellow Fever Epidemic of 1793 in Philadelphia, which resulted in the death of 4,044 people, and the ensuing libel trial of Rush v Cobbett that pitted medicine against the press, republicanism against federalism, and privacy against the public welfare. The case was between two critical figures in late eighteenth-century America, the new nation’s most prestigious physician-patriot, Benjamin Rush, and its most popular journalist, William Cobbett, editor of Porcupine’s Gazette.

Rush, an advocate of bleeding patients, would sometimes apply the treatment to a hundred patients in a single day. Evidence showed that bloodletting coincided with higher death rates. In 1797, Englishman William Cobbett stated that Rush had “contributed to the depopulation of the earth” in the wake of the yellow fever epidemics in 1794 and 1797. Rush then sued Cobbett in the Pennsylvania Supreme Court for libel for criticizing him. Cobbett, being an Englishman, had little chance of defending himself in the newly independent United States and lost the case when, on December 14, 1799, the jury ordered him to pay $5,000 compensation to Rush, at the time the largest award ever paid out in Pennsylvania.

The book brings together many primary sources including trial records, press coverage, and personal correspondence, dissecting the libel trial and contributing to the study of medicine, law, and the humanities. Using a rare surviving transcript, the author examines the trial’s six litigating counsel whose narratives of events and roles provide a unique view of how the revolutionary generation saw itself and the legacy it wished to leave for future generations. On the one hand, the trial featured assaults against medical bleeding and its premier practitioner in the yellow fever epidemics; on the other, it castigated the licentiousness of the press in the nation’s then-capital city. The history shows the litigiousness of the new nation as well as the threat of sedition characterizing the development of political parties and the partisan press in the newly independent America nation. Chapters in the book include: Benjamin Rush and the culture of medicine — Malpractice law and Benjamin Rush — William Cobbett and the scurrilous press — Libel law and William Cobbett — The trial concluded.

Election Day 2012 saw voter initiatives in several states on marijuana legalization. Colorado and Washington became the first US states to legalize the possession and sale of marijuana for recreational use on Tuesday in defiance of federal law, setting the stage for a showdown with the federal government. Medical marijuana measures were on the ballot in three other states. In Massachusetts, supporters issued a statement declaring victory for what they described as “the safest medical marijuana law in the country.” Seventeen other states, plus the District of Columbia, already have medical marijuana laws on their books. In Arkansas, a measure that would have made it the first state in the South to legalize marijuana for medical purposes appeared was defeated. In Oregon, a measure to remove criminal penalties for personal possession and cultivation of recreational cannabis was also defeated.

A newly released Quinnipiac University poll shows that American voters favor the legalization of marijuana, 51% to 44%, with a substantial gender and age gap. The poll states that men support legalization 59% to 36%, but women are opposed 52% to 44%. The racial split is barely noticeable on this question with 50% of white voters and 57% of black voters backing legalization. Those who are 18 to 29 years old support legalization 67% to 29% while voters over age 65 are opposed 56% to 35% and those who 30 to 44 years old like the idea 58% to 39%, while voters 45 to 64 years old are divided 48% to 47%.