Skip to main content

Posts

Fake Comments and Attorney Ethics

Barry Schwarz has made dozens of comments to online news stories discussing "the long-running and literally heated battle between the Nasher Sculpture Center in Dallas and a next-door condominium called Museum Tower. The condominium stands accused of producing glare that has compromised the museum’s galleries and garden." His comments "contained accurate facts and data" in an effort to sway public opinion against the sculpture center. Unfortunately, Barry Schwarz is not a real person. He is instead "former Dallas television anchor, Mike Snyder, long a fixture in the city and now a public relations executive who had been hired by the [condo's] outside law firm," according to a recent story in the New York Times.  Strasburger & Price (the law firm that hired Mr. Snyder) hired Mr. Snyder as a consultant in the litigation, and a representative of the firm states it had no idea Mr. Snyder was engaging in such behavior. The question remains, how

Ethics, Morals, and Laws for the Newly Born and the Newly Deceased

The New York Times recently had an article about the ethics of people posting baby photos to Facebook and other social media sites. Babies being what they are, they cannot exactly protest the occasionally very public record being made of their early years. The Ethicist concludes "The violation of personal privacy doesn’t start until an individual has the ability to understand what the violation means. Until that moment happens, other people — in this case, the individual’s parents — get to make those decisions (and are ethically positioned to do so)." But you may still be wondering what laws exist (or don't) to police the rights of such children. Two suggestions for starting your research: (1) try a few books in our library ; and (2) read up on the Terms of Service or Use for social networking sites. Suggestion (2) may not create a right for your future clients (i.e., current babies) against their parents or social networking sites, but it may give you ideas about how

Dactylography

Need a primer on dactylography (a.k.a. fingerprinting)?  Check out the podcast Stuff You Should Know . Getting a handle on the science behind evidence (and its reliability) can help you make your case in court regarding admissibility. For more in-depth information and a little fact-checking, try some of these books in the library: Genetic fingerprinting: the law and science of DNA ABA standards for criminal justice: DNA evidence DNA and the criminal justice system: the technology of justice

Late Summer Reading

Trying to fit a little more joy into the remaining weeks of summer? Need a respite after all of those hours studying for the bar? Consider the 25 Greatest Law Novels or a few lawyers' desert island reads . And of course, we have them in our library , free for the checking out.

Judicial Efficiency

Backlogs of cases are increasingly common in courts. According to the U.S. Supreme Court's website , its caseload alone "has increased steadily to a current total of more than 10,000 cases on the docket per Term. The increase has been rapid in recent years. In 1960, only 2,313 cases were on the docket, and in 1945, only 1,460. Plenary review, with oral arguments by attorneys, is granted in about 100 cases per Term. Formal written opinions are delivered in 80 to 90 cases. Approximately 50 to 60 additional cases are disposed of without granting plenary review. The publication of a Term's written opinions, including concurring opinions, dissenting opinions, and orders, approaches 5,000 pages. Some opinions are revised a dozen or more times before they are announced." (Other federal caseload data can be found here .) Does this mean we're a more litigious society? Perhaps, if the case increase were civil in nature. But the increase is occurring in criminal courts as

Nader's Believe it or Not?

In many students, torts inflicts emotional distress.   Now, instead of merely reading about the sometimes improbable, sometimes heartrending, often complex world of tort law, Americans will be able to visit a museum dedicated to torts!  At least if Ralph Nader's plans materialize.  Nader intends to open the American Museum of Tort Law, according to the Washington Post . Exhibits may include a Chevrolet Corvair, which helped launch Nader's career (see Unsafe at Any Speed ).  What else might we find?  A range of negligent pharmaceutical labels?  Cigarette cartons from smokers' class action lawsuits?  Or perhaps the coffee cup from Liebeck v. MacDonald's Restaurants ?  So in a few summers, perhaps, you can take your kids on an exciting family vacation the Griswolds could only dream of--and maybe even list it for CLE credit!

Social Media Defamation?

A recent New York Times article,  Should Reddit Be Blamed for the Spreading of a Smear?, raises the question of whether social media sites acting as "news" outlets should be held accountable (morally and perhaps legally) for misinformation. Immediately following the Boston Marathon bombing, users of social news site Reddit incorrectly identified one of the bombing suspects. This incorrect identification resulted in media attention to and harassment of the family of the misidentified suspect, who ultimately committed suicide. The First Amendment to the Constitution identifies what we commonly think of as the freedom of the press. What does that right mean with the advent of new media? For a starting point for your inquiry, check out Free Speech in the New Media.