Batman v. Superman: Let the Courts Decide

37 Pages Posted: 11 May 2014 Last revised: 25 Jan 2015

Jeremy Greenberg



In the comic book series "The Dark Knight Returns," Batman, with the aid of kryptonite and a blocked out sun, beats Superman to the verge of death. He stops fighting only after suffering a (planned) heart attack, leading to a draw. When creators of the upcoming "Batman v Superman: Dawn of Justice" movie announced that they would be taking elements from that famous comic book storyline in their upcoming film, the heads of comic book geeks from around the world nearly exploded. Questions, discussions, and rants filled the Internet. What would be the plot of the film? Who would star? Would Batman and Superman be friends or enemies? While the plot to this upcoming film is still tightly under wraps, the reading has relit the never-ending, nerdiest argument ever to come into existence: who would win in a fight, Batman or Superman?

Comic book authors have illustrated this battle several times over the years, but usually a "balance is reached between the Boy Scout in red and blue tights and the Dark Knight detective." The Internet is full of articles and forums where this discussion is waged constantly. This Article attempts to wade into the eternal debate through a unique lens. Rather than an in-depth analysis of each hero’s strengths, vulnerabilities, or lack thereof, this Article does what so many policy makers do when evaluating the merits of opposing sides: punt the issue to the courts.

Keywords: Batman, Superman, comics, comic books, courts, legal system, opinions, judicial opinions

JEL Classification: K00, K10, K4

Suggested Citation

Greenberg, Jeremy, Batman v. Superman: Let the Courts Decide. 33 Quinnipiac Law Review 127 (2015). Available at SSRN:

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