The University of New Hampshire Law Review Volume 3 Number 2 Pierce Law Review Article 6 May 2005 Ordeal by Trial: Judicial References to the Nightmare World of Franz Kafka Parker B. Potter Jr. Law clerk to the Hon. Steven J. McAuliffe, Chief Judge, United States DistrictJudge for the District of New Hampshire; Adjunct Professor, University of New Hampshire School of Law Follow this and additional works at: https://scholars.unh.edu/unh_lr Part of the Arts and Humanities Commons, and the Law Commons Repository Citation Parker B. Potter, J. , Ordeal by Trial: Judicial References to the Nightmare World of Franz Kafka, 3 Pierce L. Rev. 195 (2005), available at http://scholars.unh.edu/unh_lr/vol3/iss2/6 This Article is brought to you for free and open access by the University of New Hampshire – Franklin Pierce School of Law at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in The University of New Hampshire Law Review by an authorized editor of University of New Hampshire Scholars' Repository. For more information, please contact
[email protected]. File: Potter-Macroed Created on: 4/26/2005 12:02:00 PM Last Printed: 5/18/2005 10:50:00 AM Ordeal by Trial: Judicial References to the Nightmare World of Franz Kafka PARKER B. POTTER, JR.∗ Franz Kafka’s novel The Trial is firmly entrenched in the modern con- sciousness as an exemplar of judicial indifference to the most basic rights of citizens to understand the nature of criminal proceedings directed against them. Yet, Kafka was not mentioned in an American judicial opin- ion until forty years after his death in 1924.