Appellate Court Returns Salinger Case for Reconsideration

In a decision returned on Friday, April 30, 2010, the Federal Court of Appeals for the Second Circuit has ordered that the Salinger v Colting case will return to District Court and requested that District Court Judge Deborah Batts amend her original verdict. On July 1, 2009, Judge Batts ruled in favor of J.D. Salinger and placed a preliminary injunction on what she determined to be an unlawful sequel to The Catcher in the Rye. In returning the case to District Court for reconsideration, the Appeals Court did not dispute the merits of the lower court decision, determining the defense's claim that the sequel is unique enough to avoid Salinger's copyright to be "manifestly meritless". However, the Appellate Court also concluded that Judge Batts had used an insufficient standard when imposing the injunction by assuming the extent of irreparable harm to Salinger's estate. Returning the case to District Court, the appellate judges requested that Batts apply a stricter standard (more sympathetic to Colting's position) when reviewing her decision:

Because the District Court considered only the first of the four factors that, under eBay and our holding today, must be considered before issuing a preliminary injunction, we vacate and remand the case. But in the interest of judicial economy, we note that there is no reason to disturb the District Court’s conclusion as to the factor it did consider—namely, that Salinger is likely to succeed on the merits of his copyright infringement claim (22).

So the sequel case has itself become a sequel, a situation no less fantastical than the concept of "judicial economy". As a result, the preliminary injunction against Colting's book now expires in 10 days. In the meantime, Salinger's estate must re-petition the District Court for a new injunction in order to prevent the sequel's publication in the United States.

Read more : April 30, 2010

J.D. Salinger Poem

Salinger loved poetry. Many of his stories are rooted in verse and numerous of his characters were designed as poets.” A Boy in France ” recalls the verse of Dickinson and of Blake, “A Perfect Day for Bananafish and “The Inverted Forest” invoke the work of T.S. Eliot. “Teddy” relays the words of Basho, while Salinger's later Glass stories invoke the rhyme of Issa and a myriad of Eastern poets. Seymour Glass was a poet. Raymond Ford was a poet. Teddy McArdle wrote poetry in his diary just as Allie Caulfield consoled his boredom by scribbling poems onto his southpaw mitt while in the field.
J.D. Salinger was himself a poet. While overseas during the war, he submitted at least 15 poems to The New Yorker – with such frequency that the magazine's poetry editors began to complain. Yet, despite these submissions (each of which were rejected) and Salinger's obvious reverence for the art-form, not a single Salinger poem has ever been found. Until now…

Read more : April 15, 2010

Last Taps from Valley Forge

With great sadness, Valley Forge Military Academy & College announces the passing of notable alumnus, Jerome D. Salinger '36.
Salinger died of natural causes at his home on Wednesday, the author's son said in a statement from Salinger's longtime literary representative, Harold Ober Agency . He had lived for decades in self-imposed isolation in the small, remote house in Cornish, N.H.
Known for "The Catcher in the Rye" and "Nine Stories", Salinger also penned the poem, "Hide Not Thy Tears" while he was a cadet at VFMA; now sung at both Academy and College commencement ceremonies.

Read more : January 28, 2010

J.D. Salinger Passes On

It is with feelings of sadness and loss that Dead Caulfields shares the news of the death of J.D. Salinger, who passed away at his home in Cornish, New Hampshire on Wednesday, January 27. According to his long time agent Phyllis Westberg, speaking on behalf of the Salinger family, the author died of natural causes and in keeping with his wishes, no public memorial is planned. However, I would like to offer a suggestion to all who seek to honor the legendary writer at this time: Read. Explore, whether for the first time or twenty, The Catcher in the Rye, read Nine Stories, Franny and Zooey, Raise High and Seymour. Re-experience Salinger's works in tribute to the author who is so deeply embedded within them. Salinger the man may be gone from us now - and the world is an emptier place for that - but he will always live within the pages he created, and through his art remain as vital today and tomorrow as when he strolled the boulevards of New York and the woods of New Hampshire.
Sympathy and respect goes out to the Salinger family. Reflections by The New Yorker can he read here.
A typical review of Salinger's legacy is offered below, courtesy of NBC News.

January 28, 2010

A Life Raised High

Since 2004, I have devoted myself to researching and respectfully crafting a comprehensive study of author J.D. Salinger coupled with a tribute to his writings. I would like to announce that work is complete and thanks to Pomona Press, available to readers.
Viewers familiar with this site will trust that I have demanded of myself a high level of integrity while writing this book - that it is a true labor of love. In short, A Life Raised High seeks to present an account of Salinger's life that is both sweeping and intimate, a far richer story than has yet been told. Equally important, it delivers genuine appreciation of Salinger's writings and a recognition that Salinger's own story is inseperable from the characters and worlds he created.
For those interested, here is a Times review of the book by eminent author and critic Peter Ackroyd as well as a review by Ferdinand Mount for The Spectator and Tom Payne for the Telegraph. Scans of Craig Brown's review for the Mail on Sunday and a review by Brian Morton for The Observer are also available.

Publication date: March 15, 2010

Tributes to J.D. Salinger on his 91st Birthday

On New Year's Day, 2010, J.D. Salinger observed his 91st birthday at his home in Cornish, New Hampshire. Although the media acknowledgements of the occasion were muted in comparison to last year, when the author reached a milestone at 90, there were quite a number of congratulatory and insightful articles in newspapers, magazines and on the web. An especially exceptional article was written by Sam Buntz of The Dartmouth entitled "The Catcher in Cornish". In short, Mr. Buntz has got it spot-on with a perception not expressed since John Updike and Eudora Welty pondered Salinger's psyche and gifts to the world in their own unique ways decades ago. Bravo and thank you, Mr. Buntz.

January 1, 2010

2009 - Salinger v Colting: an Overview

For those not clued into All-Things-Salinger, here is a video synopsis of J.D. Salinger's latest legal melée, courtesy of Reuters.
The clip will hopefully serve as a segue into the information offered after the jump, which follows the trial through the presentation of rather in-depth but fascinating legal documents.
Simply put, the author is attempting to prevent the publication of an unauthorized sequel to The Catcher in the Rye; but the case has taken on far-reaching implications concerning the First Amendment and the ownership of art...

Read more : September 7, 2009

Stories Chronology

Dead Caulfields celebrates its new domains by offering a new page. Authorship Chronology with Explanations lists every story that Salinger is known to have written during his publishing career and attempts to place each in the order they were written rather than the usual listing by publication dates.
Admittedly, the page is in-depth and might not suit all tastes, but those who are curious to follow the evolution of J.D. Salinger as an author will hopefully find the information interesting.

Read more : September 20, 2009

J.D. Salinger turns 90

On January 1, 2009, J.D. Salinger celebrated his 90th birthday at his home in Cornish, New Hampshire.
It had been my intention to present a selection of newspaper and Internet tributes marking the occasion, hyperlinked for readers' review. My only question was whether there would be enough of a choice. Had Salinger so effectively removed himself from public consciousness that the date would go unnoticed?
I shouldn't have worried. On New Year's Day, long articles recognizing the anniversary stormed the Web fast and furious. It was news in Russia , in Taiwan and India . The Scottish press wondered (longingly) if Salinger might not return to their shores, embracing him as one of their own ? a quasi-American Bard Burns. Fox News prasied his longevity, attributing it to his distance from Us and recognizing the value of this site. (Read the article here. Scroll past Oprah.)
At first glance, it all seemed right and proper.
Sadly and surprisingly however, a closer look revealed that most articles were not tributes at all, but angry rebukes at an author who had dared to defy the norm. Some were simply misinformed (a long New York Times article falls into this category) while others were violently mean-spirited (a certain British review leaps to mind here), some calling Salinger crazy, or blaming him for the insanity of others. Most used the occasion of Salinger's birthday to chastise him for refusing to publish. Some went on to re-review "Hapworth 16, 1924," as if their writers were angry over not having had their chance in 1965, many hanging Seymour Glass in literary effigy while they were at it. While the tone of resentment varied from article to article, nearly all were presented with an intensity that confirms the high level of emotion that Salinger still ignites.
I hope that such journalists and critics feel better now. But I will not post links to their articles. I hope they've gotten it all out of their system. Chances are good that the next time they will be called upon to comment on the life of J.D. Salinger the circumstance will not be as lighthearted as a birthday, and their haughty scoldings of a great author might not be so willingly accepted by a reading public that clearly still reveres him.

January 1, 2009