French law students embrace common law; Le Havre confronts modern environmentalism, slave history

Le Havre, France

Our cultural and legal understanding of reputation and privacy are among the countless features of the social contract undergoing rapid evolution in the Trump political era, in Europe as well as the United States.

(All images by RJ Peltz-Steele CC BY-NC-SA 4.0 with no claim to underlying content.) 

Once a fringe area of tort law to which most new lawyers had no exposure at all in law school, defamation and privacy have taken center stage in society, in part thanks to their weaponization in polarized politics and popular culture. Hulk Hogan famously shut down Gawker with a multi-pronged privacy suit masking a billionaire's vendetta (Holiday). Melania Trump sued a blogger and the Daily Mail for falsely claiming she worked as a high-end escort (DiBenedetto). And Donald Trump, well, Donald Trump... inter alia, won a fee award and suffered a massive loss, not over sexual relationships as much as deceptions that ensued.

Faculty of International Affairs, University of Le Havre

Last week, I had the great privilege to teach a one-credit course on American litigation over defamation and privacy to undergraduate law students at the University of Le Havre in the Normandy region of France. You can check out the course and course materials at the blogspot, Litigating Reputation in America. I'll leave the downloadable documents in place for the duration of summer 2026 (Perma.cc for later review).

"Litigating Reputation in America" course site

I centered the class on the fascinating transnational defamation civil suit that French President Emmanuel Macron and his wife Brigitte Macron are prosecuting in Delaware against American podcaster Candace Owens. The case arises from a host of Owens's sensationalist assertions, especially that Brigitte Macron was born a man. A hearing on a motion to dismiss, on jurisdictional grounds only, is scheduled for June 22.

Notwithstanding the seemingly readily disprovable falsity and outrageousness of the assertions at issue, the Macrons face an uphill battle in U.S. courts. Kalshi thinks they'll win (63.7% presently). But the smart money in American defamation litigation is never on the plaintiff. Cf. Tucker Carlson's successful defense against Karen McDougal on grounds, more or less, that no one takes Carlson seriously, so his outrageous assertions could have done no harm.

Meanwhile, in January, a French criminal court convicted 10 defendants of cyberbullying Brigitte Macron with the born-a-man claim (CNS). The contrast between an uphill civil suit in the States and criminal prosecutions in Paris fairly indicates a profound divergence in how social, economic, and political cultures in the United States and Europe, especially in France, respectively value reputation and free speech, and how law and process accordingly balance the two.

In an intensive 15 classroom hours, 24 Le Havre students learned the fundamentals of defamation and privacy torts and engaged with 11 contemporary, ripped-from-the-reporter case studies I prepared for them. The students explored the development of defamation and privacy litigation from client counseling to discovery and dispositive motions, alongside key rules of civil procedure. They argued Rule 12(b)(6) motions to dismiss and negotiated settlements, then rounded out the week with a two-hour final exam.

Civil-law law books, including obligations, at La Galerne Bookstore, Le Havre

I've been teaching American law modules to English-as-a-second-language law students in Europe for 20 years, and never have I seen students perform so well. They embraced the rough-and-tumble of the American adversarial model, while remaining sensitive to issues of professionalism and public policy. True to European thinking, they evinced skepticism of corporate-protective defense doctrines and absolutist free speech claims. They readily adapted their civil-law-trained thinking to precedent-driven common law and analogical argument.

It happened that the well circulated American news story dropped while I was in France, as Futurism put it, "College Professors Say Incoming Students No Longer Understand Middle School Math and Science." I commented on some of my friend chats that the same surely is true for English and arts; it's just harder to quantify.

When I started teaching legal writing in the late 1990s, the challenge was to get students to pay attention to their choices of subjects and verbs. Now many students don't even know what I mean when I say "subject" and "verb." An aside: Shout out to my own relentless K12 grammar instructors: Sharon Reuwer, who in elementary school literally hit me on the head with a book—you could do that back then—until I got my sentence diagramming right; and to Dr. Barbara Dezmon, who in middle school initiated me in language as forensic art, more than mere mechanics.

So as my undergraduate French students dissected their case studies, synthesizing argument from facts and points of law, I could not help but observe, and wonder why, they delivered work product more adeptly than I can expect from most first-year graduate students in the United States. That's not to impugn my home students' potential, nor to generalize unfairly, nor to disrespect those who put in the work and rise to the occasion, but only to fear that too many Americans are inexcusably ill served by their K16 preparation.

Haropa Port offices, Le Havre

I am deeply indebted to the organizing and teaching faculty of the Le Havre program. Professor Baptiste Allard is the driving force behind the program at the University of Le Havre Faculty of International Affairs, along with his Le Havre collegaue, Professor Pierre Capelle. The students are now in week two of the four-week program, in a comparative study of constitutional and administrative law with Professor Akram Faizer of the Duncan School of Law at Lincoln Memorial University.

In the coming weeks, the French students will further explore American law and legal skills with Professor Christine E. Cerniglia, director of clinical and experiential legal education at Stetson Law, and Professor Melanie Reid, associate dean of faculty at the Duncan School of Law. Professors Cerniglia and Reid aim to develop an ongoing relationship with Le Havre that will see American students participating, too, to exchange learning with their French counterparts.

Catène de containers (2017),
a prominent contemporary sculpture by Vincent Ganivet;
behind: post-war apartments in the brutalist architectural style of Auguste Perret

I had some time in Le Havre for tourism, which afforded me the opportunity to explore some scholarly interests in areas including environmental law and the legal history of human rights and the transatlantic slave trade.

Professor Allard is my partner on the environmental law team of the Global Law Classroom, a project born of Professor Reid's ingenuity. I have learned volumes from Professor Allard about the role of global shipping and sea transportation in global environmental law and climate change. Admittedly, there are times when the ins and outs of EU shipping regulations make my eyelids droop. But in Le Havre, I took a boat tour of Haropa Port, and what I saw there charged the subject with a new vitality for me.

Entrance to Port of Le Havre

I've seen many commercial ports in the world, but never so close, gliding on a small passenger boat through an intracoastal waterway alongside massive tankers and container ships. The Port of Le Havre is the largest container port in France, with three terminals, and also receives world-class cruise liners. Oil is the port's number one cargo commodity, implicating the port in contemporary geopolitics. Seeing the scale of the operation, it's impossible not to wonder at humanity's ability to transform a natural landscape to commercial ends, and also to be fretful over environmental risks and consequences.

Kriti Journey, a crude oil tranker, flagged Marshall Islands

Hafnia Nanjing, an oil and chemical tanker, flagged Singapore

 

Container loading

Almost as intriguing as the physical operations of the port are its works in communications and public relations. The boat tour I took and the port's public exhibition center are awash with boastful facts. There also are brochures and special exhibition days that feature recent and upcoming green initiatives at the port. That's good, of course. Yet for the touristic observer such as me, even unusually informed as I am, it's impossible casually to disentangle fact and propaganda, much less to interrogate the presentation for greenwashing.

Vole au Vent, a heavy-lift, self-elevating, jack-up installation vessel, flagged Luxembourg,
loading locally manufactured wind turbines for off-shore destinations

A register of slave transactions,
Maison de l'armateur

The Port of Le Havre also figures in the history of slavery. People from Africa were trafficked through Le Havre, part of the triangular route, to French colonies in the Americas. Le Havre was the imputed port of origin for more than 450 slave voyages trafficking at least 142,341 persons from 1571 to 1848, according to data at Slave Voyages

Maison de l'armateur

. A memorial plaque in "the slave streets of Le Havre" remembers 90,000 trafficked persons. Either way, incredibly, Le Havre was only the third largest slave port in France, where an estimated 1.38 million people were embarked for enslavement.

"Closet" celebrating accomplished
free persons of color,
Maison de l'armateur

The Le Havre Ship Owner's House, or Maison de l'armateur, is a preserved 18th century residence that showcases the opulent lifestyle of the successful merchant of the time. That lifestyle was built on a range of commodities, slavery included. Yet Africans who passed through Le Havre, including those who remained and were enslaved before definitive abolition in France in 1848, were omitted from patriotic historical narratives—whitewashing.

Socially and legally, modern France has dedicated itself peculiarly, present populist inclinations notwithstanding, to memory initiatives, that is, the compulsory remembrance of historical wrongs. The criminalization of Holocaust denial is probably the most often cited example of "French memory laws." But brutal colonialism and the slave trade figure in too.

Accordingly seeking to balance its presentation, the Ship Owner's House presently features a fascinating tandem exhibition, Reminiscences: Phantoms of Slavery (May 8 to Sept. 20, 2026). The exhibition is not set aside in a single space, the usual museum M.O.; rather, the African story is told right alongside the ordinary exhibition with the juxtaposition of radically differently themed art and information. The juxtaposition is often clever, for example, haunting the vestibule of a genteel bedroom with an amber glow behind silhouettes of African celebrants.

Émile Loubon, Le Port du Havre au XIXe siècle (1843),
with museum tags showing offloaded goods

Diorama depicting post-colonial reparations rally, Maison de l'armateur

Acerbic art characterizing a black stain on whitewashed history, Maison de l'armateur

There's plenty in Le Havre to stimulate the mind, not to mention the palate, of the law student and law professor. I hope the students who endured my lessons got something worthwhile from the week, if I dare not hope they learned as much as I did.

I offer my sincere gratitude to the students and staff at Le Havre, to Professors Allard and Capelle, as well as Professor Allard's husband for his hospitality, and to Professors Cerniglia, Faizer, and Reid, as well as Professor Cerniglia's partner, for their generous friendship and collegiality.

Jusqu’au Bout du Monde (2018) by Fabien Mérelle, Port of Le Havre; St. Joseph's Church, behind

Bhutan turns tourism into 'Gross National Happiness'

At the Takin Preserve: Bhutanese Prime Minister Tshering Tobgay
with me and visitors from the United Kingdom and United States.

Little more than a half century ago, the Kingdom of Bhutan was walled off to the world.

Today, tourists are welcome, but with strict controls that aim to leverage social and economic development.

Earlier this month, I traveled to Bhutan and had the privilege of meeting the prime minister, the Hon. Tshering Tobgay. The PM was visiting the Motithang Royal Takin Preserve in Bhutan, located just outside the capital, Thimphu.

Takin calf at the preserve.

RJ Peltz-Steele CC BY-NC-SA 4.0

The takin, by the way, is a large mammal native to the Himalayas, a genetic relative of sheep. One subspecies of takin is specific to Bhutan and is revered as the national animal. The preserve provides a sanctuary for the massive herbivores, thus also protecting the environment from their destructive appetite.

Tobgay was not at the preserve for a refresher on Bhutanese fauna; rather, the PM was escorting the 2025-appointed American ambassador to India and special envoy for south and central Asia, Sergio Gor, on a touristic and diplomatic visit. Gor was reciprocating a Tobgay visit to the United States in December.

Tobgay and Gor, at the PM's right, feed a takin.

RJ Peltz-Steele CC BY-NC-SA 4.0

A longtime Bhutanese politician, Tobgay is American educated. He earned a bachelor's in mechanical engineering at the University of Pittsburgh in the 1980s and then a master's in public administration at the Harvard Kennedy School in the 20-aughts. He published a book in English last year: Enlightened Leadership: Inside Bhutan's Inspiring Transition from Monarchy to Democracy (inset below).

Bhutan is a constitutional monarchy, though still leans heavily on the monarchy part of the description. The crown initiated a policy of democratization in 1952. A first national assembly was appointed the following year and given the power to impeach the monarch. Today, the king formally appoints the prime minister, though in practice the appointee is elected by the legislature. Similarly, final decisions of the Supreme Court formally are referred to the crown for approval.

Supreme Court of Bhutan, Thimphu.

RJ Peltz-Steele CC BY-NC-SA 4.0

In modern international law, Bhutan is renowned for its commitment to "Gross National Happiness" (GNH), a national policy priority introduced in the 1970s. A holistic measure inspired by Buddhism and informed by factors such as health, education, and living standards, GNH has been embraced conceptually by the international community—Bhutan joined the United Nations in 1971—as an alternative to economic productivity, the conventional measure of a country's success. One Bhutanese host explained to me that GNH does not mean every person is happy; rather, GNH describes the aims that should justify national policy-making.

Bhutan opened to foreign tourism only in 1974 and allowed television and the internet only in 1999. It still guards its borders jealously, allowing a limited number of tourists who must book through state-authorized agents and pay a US$100-per-day sustainable development fee. When I visited, my visa was arranged wholly by the tour service I used.

However restrictive Bhutan's social and political conservatism, I could not argue with the results I saw on the ground. People I met in Bhutan expressed affection for the king and queen, often noting that the royal family lives in a modest home and champions public education. Schoolchildren I happened upon in Thimphu were uniformed and polite, while also cheerful and playful, and they spoke English confidently.

Buddha Dordenma, visible from Thimphu center.

RJ Peltz-Steele CC BY-NC-SA 4.0

The sustainable development fee seems to be well reinvested in infrastructure, such as paved roads, and touristic sites, such as the 177-foot Buddha Dordenma statue, completed in 2015, that towers over Thimphu. A travel companion told me that the winding rural roads we traveled were unpaved when he visited a couple of decades ago. In literacy and life expectancy, Bhutan significantly outpaces its cohort in the "medium" range of the U.N. human development scale.

Thimphu, capital of Bhutan.

RJ Peltz-Steele CC BY-NC-SA 4.0

Insofar as I heard any gripe about government policy from the Bhutanese, it was that high-quality healthcare remains elusive, especially in the countryside. Nevertheless, when an American travel companion asked my guide about the cost of treatment after the guide mentioned a family member's cancer, the guide narrowed her brow in puzzlement. Then she shook her head, understanding the question, and said, "free, of course."

Rinpung Dzong, or "Paro Fort," a 15th-century monastery
and top tourist destination, in Paro, Bhutan's third-largest city.
Owned by RJ Peltz-Steele CC BY-NC-SA 4.0

Thinking over what we had seen, some of my travel companions wondered aloud whether monarchy might not be so undemocratic after all. That struck me as curious after what I heard about some Nepali youth protestors speaking wistfully of monarchy there. Invariably upon such musings, an American, sometimes me, would say that the efficacy of monarchy might depend a bit too much on who is wearing the crown.

The United States does not have formal diplomatic relations with the Kingdom of Bhutan, thus Ambassador Gor's visit as special regional envoy. Gor has some personal connection to, well, at least the Asian continent. He was born in Uzbekistan—"Gor" is a chosen truncation of Gorokhovsky—and migrated with his family to the United States, via Malta. He graduated from secondary school in Los Angeles.

Amb. Gor

How did an L.A. immigrant wind up with an ambassadorship in the Trump administration? Gor has been involved in Republican politics since his post-secondary days at George Washington University. His recent ambassadorial qualifications include fundraising for President Trump and starting a Trump-reverent book publishing company with Donald Trump, Jr.

After the 2024 election, the President appointed Gor to head personnel appointments. President Trump later credited his "great friend" Gor with "nearly 4,000" party-loyal hires in the new administration. Presumably Gor himself included.

'Gen Z' favorite sweeps to victory in Nepal election

Teens celebrate secondary-school
graduation in Lalitpur. A youth
movement toppled the Nepali
government in September 2025.

Kathmandu, March 14—Rapper turned politician and Gen Z champion, "pugnacious" 35-year-old Balen Shah will be the next prime minister of Nepal.

This is an update to The Savory Tort Photo Essay, Kathmandu quiets for watershed election day (Mar. 5, 2026). (All photos by RJ Peltz-Steele CC BY-NC-SA 4.0.)

Shah's party won an outright majority in the Nepali House, which selects the prime minister, with 182 of 275 seats. (Read more at Al Jazeera.)

The victory comes six months after a self-described "Gen Z" protest movement toppled the government in Nepal in a mix of peaceful and violent demonstrations.

However much this sea change is identified with discontented youth, a coalition diverse in age, geography, and socioeconomic status is pinning high hopes on the incoming Shah administration.

A dry spell has accumulated smog in the Kathmandu valley.

Anecdotally, traveling in central Nepal in Kathmandu, Bhaktipur, Lalitpur, and more rural Nagarkot, I found no one unsupportive of the new regime. Many persons, young and old, shared their elation over the election result before I could ask.

Issues on the minds of voters are no surprise. People I spoke to a week after the election expect Shah to improve access to education and employment.

Secondarily, younger voters want to see improved infrastructure as a means to facilitate economic development. Older voters were prone to mention healthcare and social welfare, especially for persons unable to work because of age or disability.

Those secondary issues are related. Youth have left remote farming communities in search of economic opportunity in the capital region or abroad. The migration and brain drain undermine the tradition of multigenerational habitation and care for the elderly.

With Mr. Tamang Friday.

Kedar Tamang's life experience is illustrative. Tamang left his native farming community for Kathmandu, where he earned a master's in political science and built a career in tourism. A past president of the Tourist Guide Association of Nepal, Tamang balances a demanding work regimen in a scrappy field with care for an elderly parent and two teenage sons, not to mention pleas for aid from extended family in the capital and back home.

Tamang hopes Shah will effect development to make Nepal a world destination and leading player among non-aligned nations. But disillusioned by past regimes in Nepal's short democratic history, and cognizant that even renowned democracies such as America fail to meet their people's basic needs, Tamang mitigated his optimism with believe-it-when-I-see-it caution.

Kathmandu residents told me they saw substantial improvements in services and infrastructure when Shah served as mayor of the capital. Now the Nepali people hope he can deliver on a vastly greater scale.

Kathmandu quiets for watershed election day

 A Savory Tort Photo Essay

A usually busy intersection in the Thamel tourist district is nearly vacant.
Rickshaws offer transport with most taxis and busses banned. 

Kathamandu, March 5—The streets of Kathmandu, the capital of Nepal, were strangely quiet and low-key festive today, as the country voted in the first election since "Gen Z" protests brought down the government in September. (All photos by RJ Peltz-Steele CC BY-NC-SA 4.0.)

(UPDATE, March 14: 'Gen Z' favorite sweeps to victory in Nepal election.) 

Voters queue at a polling place in Kathmandu.

The Army was visible throughout the city, along with a smaller presence of metro police, especially where people queued at polling places. Most businesses are closed, private motor vehicle traffic is banned, and a 9 p.m. curfew is in effect.

Democratic graffiti adorns a school wall.

Despite the fear of unrest that prompted the heavy security, people turned out to walk the streets with their families, smiling as they greeted neighbors. The mood is not jubilant, but neither is it tense. The election is coinciding with the Holi holiday.

A major thoroughfare is nearly deserted.

Of the soldiers I saw on the streets, most looked bored, and some laughed together. The BBC reported one minor incident at a rural polling station east of Kathmandu, where an argument resulted in assault on an election official. Police restored order after firing a shot in the air.

A recreational field, though outfitted for football, draws cricketers.

The capital city was not so serene when protesters toppled the government in September 2025. Seventy-seven people were killed in the unrest, including 22 protestors. Government buildings, including the Supreme Court and Kathmandu district courts, were attacked and burned.

The rides at Ferris Wheel Funpark are still. 

Protestors described themselves as "Gen Z" in a country in which more than half the population was born in the 21st century. The protest movement was remarkable for having been largely coordinated online, especially on the Discord platform. Discord's organization and posting permission system made it resistant to government surveillance and control.

Burned in the 2025 protests, the old Supreme Court building stands vacant.

Partly triggering the protests was a government attempt to shut down communication and social media outlets, including Google's YouTube, and Meta's WhatsApp and Facebook. The government alleged the shutdown was part of a plan to impose online service taxes. But the move followed swirling allegations on social media of government corruption.

Set back from the road and begun already in 2021,
a new Supreme Court building is 85% complete.

Online coordination resulted in real-world assemblies, some peaceful and some violent, and boycotts of schools. The protests might have been sparked by the online shutdowns, but youth anger had reached a boiling point over reported corruption, nepotism, and lack of economic opportunity. 

A medical student in Kathmandu won't vote because his hometown is 16 hours away.

Youth unemployment surpassed 20%, while the national economy was increasingly propped up by fees and remittances derived from emigration, rather than domestic development. Stories of "Nepo Kids," elite youth with political connections flaunting wealth, meanwhile went viral online, stoking resentment. 

The "Supreme Court Annex," foreground, hosts court staff presently;
the new court building rises behind.

Prime Minister K.P. Sharma Oli was forced to resign in September. In the absence of a working government, the Army took control. Despite some violent clashes, the Army did overall maintain the peace and sought to restore civilian leadership.

The Nepali Bar Building:
Lawyers are helping to restore case files lost in the protests,
including 20,000 files of past and present Supreme Court cases

The military command negotiated with protesters, and as a result, former Supreme Court Justice Sushila Karki was installed as interim prime minister, pending the present elections. Though 73 years old, Karki is highly respected by conservative government supporters and youth protestors for her independence and relative political neutraliity.

Army Headquarters, Kathmandu:
The Army worked to restore civilian government after the protests.

Now voters are choosing 275 representatives for the national House, and its composition will determine the next prime minister and the social and economic direction of the country. 

Amid the 2025 protests, a football friendly between Nepal and Bangladesh
at Dasharath Stadium was canceled.

The ousted Oli is in the running. Some voters are uneasy about the instability on display in September and see a conservative choice as a return to normalcy.

A mural outside Dasharath Stadium depicts Nepali prowess
in a wide range of sports and games.

Oli faces a colorful challenger in Balendra Shah, a once rapper and structural engineer turned politician, and, until he resigned in January, mayor of Kathmandu. The Shah campaign features rap lyrics that bemoan corruption and unemployment, resonating with youth. If 35-year-old Shah outperforms Oli in the election, the result will be viewed as a sea change for Nepal.

In Thamel, election news blares from the wall in a restaurant.

A third candidate with youth appeal is Gagan Kumar Thapa, president of the Nepali congress. Though 49 years old, he has a history of activism and presents as a less volatile option than Shah, who is known to be prickly and ornery toward media.

Though many voters want reform, there is disagreement about how best to accomplish it. Conservatives fear that the youth movement and Shah in particular might be so hellbent on economic improvement as to be willing to cede democracy to incompetence, or worse, authoritarianism. A strand of the protest movement did suggest restoration of the monarchy.

Of the vast slate of candidates up for election, many are first-time politicians, and a third are party independents. For voters' part, a million people, in a country of 29.6 million in sum, have registered to vote for the first time. 

At the same time, there are logistical as well as political challenges to representative democracy in Nepal. The country is three and a half times the size of Switzerland and covers famously mountainous terrain with relatively few roads. In fact, the lack of highway and transportation infrastructure as a prerequisite to economic development is on the youth movement's list of complaints. Ballots must be transported in places for hours by foot and helicopter.

Meanwhile, archaic voting laws require people to vote in their home towns, even if they have long relocated for work. One of the reasons for relative quiet in Kathmandu is that 800,000 people, according to a BBC estimate, have left the city to vote.

In Kathmandu today I met a medical student who had not voted. His hometown is 16 hours away, he said, and he could afford neither the trip nor the time away from studies.

Despite logistical challenges, the Nepali election chief told the BBC that he expects to report results no later than March 9.

Belan Shah's "Nepali Political Rap" at YouTube

Small-town Star Trek museum teaches American cultural history, limits of fan fair use in copyright law

I have the con at the Star Trek Original Series Set Tour, Ticonderoga, N.Y., Oct. 2025
(all photos RJ Peltz-Steele CC BY-NC-SA 4.0)

The sleepy town of Ticonderoga, nestled between Lake Champlain and Lake George in upstate New York just south of the Adirondacks, is the unexpected home of a treasure of American history. 

I don't mean the historic Fort Ticonderoga of the American revolutionary era. 

The Star Trek Original Series Set Tour offers visitors an incomparable experience in television history and a lesson in intellectual property law along the way.

Though the transporter was conceived to save money on
prop shots of shuttle landings, it still cost (1966) $600
per effect per person. That's one reason why red shirts
didn't beam down unless they had, let's say, business on
the planet. Regular-cast shots could be recycled. The
platform circles were made with glass from old spotlights.
It's wild to see close up how clever prop crew were with
what they had on hand.

Star Trek in a Small Town 

I've written many times about the relevance of Star Trek to American law and public policy from the civil rights era to today. The Set Tour is the passion project of Star Trek superfan and Ticonderoga native James Cawley, an Elvis impersonator by trade. Cawley is someone who deeply appreciates Trek's cultural importance and has played a role in ensuring that the franchise survives and lives up to its legacy.

Inside the inconspicuous shell of a former Family Dollar in downtown Ticonderoga, Cawley has recreated the Desilu Studios set of the original Star Trek series of the 1960s in astonishing detail, down to the illuminated, colorful "gumdrop" buttons of starship Enterprise control panels.

Little survived from the original 1960s set. At that time, creators still thought about television productions as one-off broadcasts. Syndication was known, but shows were not yet designed for it. Moreover, few critics would have picked Star Trek, a curious experiment in sending Wagon Train to space, as a show that would stand the test of time. 

In fact, Star Trek's perceived ephemerality became a challenge in reconstructing the set, a Set Tour guide explained. The original series had no script supervisor in charge of continuity, mostly because no one expected viewers would see a Star Trek episode for a second time to notice details. A prop that was a scary alien computer in one episode was gently repurposed to be an Enterprise control system in another. Budgets were thin, too, so prop supervisors were ingenious recyclers.

Cawley long collected the few artifacts and set fragments that remained. In the early 1990s, he worked his way into an assistantship with legendary costume designer William Ware Theiss, then working on Star Trek's reincarnation in The Next Generation. Theiss had, and gave to Cawley, discarded blueprints of the 1960s set, as well as original series uniform patterns. Cawley found his calling and embarked on recreation of the set with excruciating attention to detail.

Sickbay: My guide was terrific, knowledgeable and full of lore.
Here the medical scanner is CGI, but in the 1960s, a grip was
needed just to move the little white indicators up and down
from behind the wall.

A Golden Age of Fan Fiction 

Homage to the past, though, was not Cawley's sole design. In the early 20-aughts, he became the founding producer and "Captain Kirk" star of a Star Trek fan production, New Voyages, later known as Star Trek: Phase II. The highly regarded fan franchise published online 10 episodes from 2004 to 2016, and many original series talents contributed to the show, such as writer David Gerrold and actors George Takei (Hikaru Sulu), Walter Koenig (Pavel Chekov), and Grace Lee Whitney (Janice Rand).

That's where things get interesting from the intellectual property perspective.

Star Trek brand owners Paramount, CBS, and Viacom—their corporate relationships shifted over the years—had mixed feelings about Star Trek fan productions. There were many, though none besides New Voyages had fixed sets.

When Star Trek's popularity waned, fan fiction kept the franchise alive in public imagination. As long as fan projects were not for profit, the corporations were content to look the other way, even striking an agreement at one time with New Voyages. But when Paramount, et al., were on the verge of a new Star Trek TV or film project, they tightened the reins.

The corporate equivocation, in tandem with a committed and creative fan base, allowed Star Trek fan fiction to thrive in a way that is uncommon in the American entertainment space. Nevertheless, corporate indulgence started to wane after J.J. Abrams took the helm of the 2009 film Star Trek and revitalized the franchise. 

 The recreation of Engineering is two stories high, as was the
original after it was augmented for Original Series season 2.
The warp core is about 12 feet deep but looks deeper
because of a forced-perspective design to fool the camera.

Copyright Showdown

Things came to a head in 2015. Alec Peters, an actor in Phase II, raised money and excitement around a new fan-film project, Star Trek: Axanar, teased by a compelling 2014 short, Prelude to Axanar (IMDb). With advances in technology, the production quality of fan films was by then quite good. Paramount meanwhile was closing in on 2016 release of a new feature film in the reboot universe, Star Trek Beyond, and a new TV series, Star Trek: Discovery, was slated for launch in 2017. In the last days of 2015, Paramount sued Peters and the Axanar project for copyright infringement.

The copyright case, and to a lesser extent the trademark case, on fan fiction is really open and shut. Profitable or not, the take-offs are not permissible without license by the rights-holder. There is a fuzzy line at the outer boundary of copyright, where protection of creative product gives way to "the scènes à faire doctrine." But it's not that fuzzy.

Law school learning on copyright impresses on students that eligible works must be "fixed in a tangible medium of expression." That does not mean, however, that only that which is committed to print or film is what is copyrighted.

Fictional facts and storylines also may come within copyright protection. Thus, the estate of Anne Rice can claim copyright over the story of a young vampire who shacks up with the master who turned him, adopts a vampire child, and later gives a tell-all interview. But the scènes à faire doctrine ensures that copyright does not remove mere tropes from the public domain. The Rice estate cannot claim copyright infringement in all stories about blood-sucking, undead creatures who cannot tolerate sunlight.

To put that in Star Trek terms, anyone is free to write a story about a human-led inter-species alliance of space-faring civilizations that explores the galaxy and maintains uneasy relations with warlike enemies. But the closer the author gets to a San Francisco-headquartered federation of planets with warp-drive starships, transporters, phasers, and emotion-averse characters with pointy ears, the more the risk of copyright infringement. The line is fuzzy, but it's not wide.

The problem for fan fiction always is that the stories fans want to tell are the stories that explore the boundaries of the established narrative, the existing fictional universe, and ideally, of the recognizable characters in it. That's exactly what copyright does not allow. 

Many scholars have argued for more expansive interpretation of fair use to allow for fan creativity in the presence of clear disclaimer. There's a whole book about the problem of fan fiction in historical and multi-national perspective by California Western Law Professor Aaron Schwabach. The last chapter of Schwabach's book is titled tellingly, "Fanfic: The New Voyages."

Archivist and professor emeritus in cinema studies at NYU, formerly at UCLA, Howard Besser made the case as to Star Trek in particular, besides other popular properties, such as Harry Potter, that the public commons should be larger. He called out corporate owners such as Viacom and Paramount for overreach with unjustifiably aggressive cease-and-desist letters.

But the fact and law remain, protection of fan work that plainly takes place in the same universe as copyrighted works, even when disclaiming ownership and avoiding recognizable names of fictional places and characters, and omitting trademarked titles, still is a non-starter. The analysis is of the totality. Nena may invoke Captain Kirk passingly in "99 Luftballons," but a fan film in the Star Trek universe treads too far.

The Treaty of Axanar 

It was no surprise, then, that the federal court in Paramount Pictures Corp. and CBS Studios, Inc. v. Axanar Productions, Inc. and Alec Peters refused the defendants' motion to dismiss in May 2016. The case over Axanar was careening toward a jury trial, the parties arguing heatedly over evidence and jury instructions, when suddenly, in the third week of January 2017, Paramount and Peters settled.

Out of the Axanar settlement came a remarkable new document, which articulated and still states the boundaries around what Paramount and CBS will tolerate in Star Trek fan fiction. The guidelines stated severe new limits, including:

• The duration of a fan production is limited to 15 minutes, or one story in two parts for 30 minutes, "with no additional seasons, episodes, parts, sequels or remakes."
• The work may not have "Star Trek" in the main title and must be subtitled, "A STAR TREK FAN PRODUCTION."
• No Star Trek content content may be used, and Star Trek-recognizable costumes and props must be official Star Trek merchandise.
• No creator or actor ever employed in a licensed Star Trek production may work on the project, and no one working on the project may be paid.
• A production must be non-commercial with a budget from fundraising limited to $50,000.

Described by fan fiction enthusiasts as "draconian," the new guidelines made impossible the production of projects fans had come to love. It seemed that no film such as Axanar could proceed. Serial projects such as Phase II had to call it quits. The golden age of streaming Star Trek fan fiction was over.

Prelude to Axanar
movie poster
(presumed ©; illustrative use)

Axanar Fal-Tor-Pan?

Yet, for better or worse, the Paramount-CBS guidelines were far from the last word on Axanar. Secret arbitration over money raised for Axanar followed the 2017 settlement. In 2023, Paramount sued Peters in California Superior Court in Los Angeles, alleging that he never stopped raising money for an Axanar film, and asking the court to affirm the outcome of the arbitration. 

Peters did not appear, and the court entered Paramount's desired order in February 2024. Rights-holder copyright consultant Jonathan Bailey, founder of CopyByte, wrote about the case for his Plagiarism Today. Fans follow developments around Peters and Axanar in the public Facebook group page, AxaMonitor.

Meanwhile, production on Axanar most definitely continued. Six days after Paramount had its way in court in Los Angeles, Axanar wrapped filming on its set, Jonathan Lane reported on his Fan Film Factor. Peters himself gives monthly updates on Axanar on YouTube. 

In the October 2025 Axanar update, posted on October 17, Peters reported on post-production progress on the latest installment of Axanar, to follow Prelude. He referenced the lawsuit, thereby suggesting that subsequent "episodes" (not "films") might comply with the Paramount-CBS guidelines. If that's what he meant, then a single episode of Axanar cannot exceed 15 minutes, shorter than Prelude's 21 minutes, and there can be only two. Yet Peters described Prelude as mere "proof of concept." Confirming Paramount's 2015 fears, Peters said that Prelude was designed to demonstrate that a fan work could be of such high quality as to be technically indistinguishable from an official studio product.

The ultimate extent of Peters's fealty to the guidelines is unclear. I wonder whether he regards them indeed as mere "guidelines"—like the 1976 copyright fair use guidelines that, in my opinion, courts have too often misapplied as hard lines. In the October update, Peters talked about beta testing a new fundraising website. I wonder further whether he's exceeded the cap of the guidelines. He encouraged fan financial support at the Axanar website.

There was really only one corridor for every corridor shot.
Signs and wall fixtures could be changed, and it curved
(behind camera here) for an illusion of more space.

A New New Voyage

The Axanar debacle in 2016 left Cawley in an awkward spot. His one-of-a-kind set reconstruction had little remaining practical use for filming after Phase II folded. Yet adoring fans would bask in the extravagance of the work. He conceived of the Set Tour. Still, without official imprimatur, he would risk legal jeopardy by opening to the public. 

Cawley invited Paramount execs to Ticonderoga to have a look. No doubt, they were skeptical going in. But, at least as a Set Tour guide told the story, the execs were so impressed with Cawley's loving attention to detail that they agreed to license the Star Trek name. Thus, the Star Trek Original Series Set Tour is not, as I had first suspected, a trademark infringement flying under the radar in tiny Ticonderoga. Set Tour tour guides will not volunteer information about Phase II or other fan productions. Whether they're just playing it safe, or that was an agreement with Paramount, I do not know. But guides will answer questions about Phase II if asked.

The Star Trek Set Tour has a deceptively modest exterior.

To Cawley's credit, he always played ball with Star Trek owners. Remember, it was New Voyages that reached an express understanding with Paramount, before Axanar came along. Cawley came by the 1960s set plans honestly, by all accounts, while working for Theiss on the official franchise. And the Captain Kirk of eight New Voyages episodes even scored a cameo as a bridge officer in J.J. Abrams's Star Trek. The Set Tour has hosted original series cast members as guest tour guides. The original Captain Kirk, ninety-four-year-old William Shatner, is expected back in November 2025.

There is, by the way, a USS Ticonderoga in Star Trek, though accounts differ over whether the name is a nod to Cawley, American history, a real-life Ticonderoga, or all of the above. Five U.S. Navy ships have borne the name Ticonderoga, including an aircraft carrier that distinguished itself in World War II and the Vietnam War. In the 1970 epic war film Tora! Tora! Tora!, the Essex-class Ticonderoga served as a set for the slightly smaller Yorktown-class aircraft carrier Enterprise (CV-6, not the later, nuclear-powered Enterprise carrier built in 1961). A great many other Navy carriers lent their names to Star Trek starships, including the Lexington, Saratoga, and Yorktown in The Original Series.

I had a (phaser) blast of a good time at the Star Trek Original Set Tour earlier this month. On my way home from the American Society of Comparative Law annual conference in Montreal, walking through a wonderland of Gene Roddenberry optimism about humanity's future was a welcome antidote to Professor James Q. Whitman's gloomy prognosis for rule of law in the United States.

Set Tour visitors get a turn in the captain's chair amid Cawley's breathtaking recreation of the classic bridge of the starship Enterprise. Ironically in revolutionary-historical Ticonderoga, amid relics from an imaginary future, I've never felt more a part of American history.

(All photos RJ Peltz-Steele CC BY-NC-SA 4.0.)

The Set Tour has tons of artifacts, including ship models, props, and uniforms. Some of the props are recreations, but made so well that they were used in throwback, time-travel episodes, such as Deep Space Nine's 30th anniversary "Trials and Tribble-ations"—besides fan shows such as Phase II.