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Liability for School Shootings

Almost six-and-a-half years ago, a student at Virginia Tech showed up on campus and shot numerous people in classrooms and a dorm, leaving thirty-three dead. Litigation ensued, and the university was found liable in a wrongful death suit. On appeal, the verdict was overturned on the basis that the school could not have foreseen the harm. "Last year a Montgomery County Circuit Court jury awarded each family $4 million, an amount that was reduced to $100,000 each by a state cap on damages," according to The Richmond Times-Dispatch .

Book DNA - Fun Reading

Love Pandora for finding music? Try BookLamp , home of the Book Genome Project. To Kill a Mockingbird inspired you to go to law school? BookLamp gives you almost fifty comparables with varying degrees of similar elements to To Kill a Mockingbird so you can make your next reading selection. (And we probably have many of these titles in our collection here at Moritz or we can get you a copy within just a few days!) BookLamp can also be used for buying gifts: if you know your mom LOVES Stephen King's It , you can easily search for similar titles making holiday shopping a breeze.

An Update on the Met Admission Fee Litigation

Mere days ago, we posted about ongoing litigation related to the vague admission fee policy of the New York Metropolitan Museum of Art. Now, an update : Clarifying four decades of legal vagueness, the Bloomberg administration has amended New York City’s lease with the Metropolitan Museum of Art , spelling out that the Met is allowed to charge a suggested admission fee, as the museum has done since 1971 under an agreement with the city. The amendment adds that fees for special exhibitions may also be charged, a widespread practice in the art world but something the museum decided against in the 1980s. According to the New York Times, It is unclear what the amended lease will mean for the lawsuits — one of which says that the museum deceives its visitors and is guilty of fraud, and the other a class-action suit seeking recompense for people who claim that they were duped by the policy. Arnold M. Weiss, a lawyer for the plaintiffs in both cases, was highly critical of the city and t

Same-Sex Marriage Law - the Complications of Recognition

Two Native American men recently wed in Oklahoma, a state with a constitution that bans same-sex marriage. The two men were married under tribal law. According to an article on Slate.com , "[S]tates have virtually no civil jurisdiction within tribal territories. There are a few exceptions, but domestic relations isn’t one of them." So, the marriage is recognized by the tribe, by the federal government since the Defense of Marriage Act (DOMA) was ruled unconstitutional, and by other states that recognize same-sex marriage. The marriage, however, will not be recognized by the state of Oklahoma. For up-to-date info on the legal status of same-sex marriage around the United States, check out our research guide . We also have dozens of books on the subject.

Electing Judges

Although this November’s election is an off-year vote, some important issues will appear on Ohio ballots, including several judicial seats .   Former U.S. Supreme Court Justice Sandra Day O’Connor, among others, argues against electing judges , claiming that such elections “ create the impression, rightly or wrongly, that judges are accountable to money and special interests, not the law.”   That argument has not swayed the state of Ohio.   Our Supreme Court Chief Justice Maureen O’Connor has, however, argued for reforming the judicial election process.   As the Columbus Dispatch explains, her ideas include increasing qualifications for judges and making the primaries nonpartisan.   Justice O’Connor’s complete proposal is presented here . If you’re curious about arguments in favor of judicial election, check out our title, In Defense of Judicial Elections .  

Death Waivers

How many times have your ignored the liability waiver you sign when you register for a fun run? Did you know you might be agreeing the race organization will have no liability whatsoever for any injury? In effect, you may be signing a " death waiver ." Companies producing events like Tough Mudder are facing increased scrutiny over safety practices in light of recent injuries and even deaths. But if a participant signed a waiver (that he or she may not have read), he or she may be out of luck if injured. Worst case scenario: the surviving family members may have no recourse in the event the participant dies. But waivers aren't just an issue for obstacle races. They arise in the elementary and middle school settings as well. A recent article by the Washington State Bar Association explores the myriad releases, permissions, and waivers parents of school children (and school children themselves!) are asked to sign each year. Are these contracts binding and enforceable?