Thursday, February 28, 2013
Todd Stabelfeldt: Spinal Cord Injury Advocate, Entrepreneur, Inspiration
Attending Law School After Serving in Marine Counterintelligence
Gone Clio with Attorney Andrew Kawel
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/gone-clio-with-attorney-andrew-kawel/
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Legal Talk Network Live at LegalTechNY 2012-Onit’s Eric Elman Spotlights Onit Apps
LawBiz® Legal Pad On the Road!: Client Expectations
Above all else, managing client expectations requires a commitment to communication. Tune in this week as Ed shares tips to make this easier for you.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/AdM5soy4R3U/
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Civility as an Art Form in Diplomacy and the Law
Gone Clio with Attorney Andrew Legrand
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-andrew-legrand/
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Wednesday, February 27, 2013
Anonymous Yelp Review Counts as Evidence
Source: http://blogs.wsj.com/law/2013/02/26/anonymous-yelp-review-counts-as-evidence/?mod=WSJBlog
The Am Law 100, the Early Numbers: At Seyfarth, Revenue and Profits Rise
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Starting Your Own Bankruptcy Practice
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/10/starting-your-own-bankruptcy-practice/
INTELLECTUAL PROPERTY: Court revisits core question of what can be patented
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202586757550&rss=rss_nlj
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Prosecutors could vacate convictions from troubled drug lab
Two audits of the lab were released earlier this month that highlighted serious problems with the lab’s testing of finger prints and suspected controlled substances. As a result of those reports, Jim Backstrom of Dakota, John Choi of Ramsey and Peter Orput of Washington announced today that they will begin their own review of all cases that relied on the lab for testing that resulted in a conviction at a judge or jury trial back to July 1, 2010.
The substances tested in those cases will be retested at a separate lab. If the retest leads to a negative result, the conviction will be vacated. If there substance was destroyed or there is not enough available for retesting, prosecutors will look for preliminary field tests and other “corroborating evidence” in the file to support the conviction. If there is no positive preliminary test or insufficient corroborating evidence exists, the conviction will be vacated.
So far, 192 retests in three counties have been completed. Of those, 189 confirmed the results and the existence of a controlled substance. Two retests identified a drug that the St. Paul lab missed. One case was dismissed after the retest came back negative.
The three prosecutors released a joint statement today:
As we have previously stated, we believe it is important for the public to keep in mind that the deficits and problems which have to date been identified in the St. Paul Police Department’s Crime Lab have not yet been shown to have resulted in the widespread misidentification of substances believed to be illegal drugs, as has been confirmed by the retesting process to date. This is not intended to minimize the seriousness of the problems identified at the Crime Lab. These are very serious problems which in many ways undermine the public’s confidence in the operation of our justice system.
Solos, Structured Settlements, & Medicare Set Asides
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The Surefire Way to End Online Piracy: End Copyright
David Lange: Golan, Again
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/david-lange-golan-again/
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Tuesday, February 26, 2013
NLRB's recent significant decisions
The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.
The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.
Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.
Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.
Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.
Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.
United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.
WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.
Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html
Recommendations for a Social, Mobile and Global Legal Profession
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Kid Gets Suspended For This?
"Possession of a dangerous instrument and causing a threat or danger to the physical well-being of himself or other people."Really? Yes, and on top of that, as reported by The Hartford Courant:
In juvenile court, the boy also faces charges of possession of a dangerous weapon on school grounds, attempted assault and breach of peace.Suspended and busted! What to do. Christian's parents challenged the suspension via a lawsuit in federal court. The case was settled, with the school letting Christian return, and his parents agreeing to drop the lawsuit.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/v1xk_Is2Lyg/post_605.html
Accused ‘Cannibal’ Cop Mounts ‘Fantasy Defense’
Source: http://blogs.wsj.com/law/2013/02/25/accused-cannibal-cop-mounts-fantasy-defense/?mod=WSJBlog
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Inside Ringler Medicare Solutions
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/02/inside-ringler-medicare-solutions/
Gone Clio with Attorney Beate Weiss-Krull
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/01/gone-clio-with-beate-weiss-krull/
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The Best Resources for Staying Current in E-Discovery
The Full Monty: K&L Gates Posts Detailed 2012 Financials
Monday, February 25, 2013
Cryopreserved Embryos in Divorce Cases
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/cryopreserved-embryos-in-divorce-cases/
Paralegal Hiring Trends
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/03/paralegal-hiring/
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UN chief calls for abolition of death penalty
Source: http://jurist.org/paperchase/2013/02/un-chief-calls-for-abolition-of-death-penalty.php
Heinz Trader Tied To SEC Probe Was Goldman ‘Private Wealth Client’
'Permanent' Transfer Tax Relief At Last
For the first time in more than a decade, Congress has enacted a permanent set of estate, gift and generation-skipping transfer tax rules. While Congress can always change the law, there is no automatic "sunset" or change built into the current law.
In a nutshell, the new transfer tax law provides:
- $5 million exemption for gift, estate and generation-skipping tax, adjusted for inflation after 2011. The 2013 exemption amount is $5,250,000.
- Exemption is applied both to lifetime gifts and to transfers at death, and also applies for generation-skipping transfers.
- Marginal tax rate on transfers above the exemption amount is 40%.
- Portability is made permanent. This allows a surviving spouse to use the “unused” gift and estate tax exemption (but not generation-skipping tax exemption) of the first spouse to die for the survivor’s lifetime gifts and transfers at death, with certain restrictions.
- Several helpful generation-skipping tax technical provisions were made permanent.
Other items to consider:
- The gift tax annual exclusion for 2013 is $14,000, up from $13,000, and is increased to $143,000 for gifts to a non-U.S. citizen spouse.
- Direct payment of tuition and medical expenses remains gift-tax free in unlimited amounts.
- The new, higher income tax rates also apply to trusts, which will focus increased attention on income tax planning for trusts.
For further information, please contact Lauren Liebes (213-617-5444, lliebes@sheppardmullin.com).
Source:
http://www.corporatesecuritieslawblog.com/tax-permanent-transfer-tax-relief-at-last.html
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Australia judge rejects challenge to same-sex marriage ban
Source: http://jurist.org/paperchase/2013/02/australia-judge-rejects-challenge-to-same-sex-marriage-ban.php
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Sunday, February 24, 2013
Best Billable Hour Practices for Paralegals
Digital Cameras in Law: Are Smartphones Good Enough?
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/digital-cameras-in-law/
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The Battle to Unmask ‘Company Doe’
Source: http://blogs.wsj.com/law/2013/02/19/the-battle-to-unmask-company-doe/?mod=WSJBlog
The "Pink Collar" Profession: The Male Paralegal's Perspective
Virtual Paralegals: Forming a Magical Team
Surviving the Workplace Transition – Tips from NALA
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/02/school-workplace-transition-nala/
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Saturday, February 23, 2013
The Perfect Real World Problem for a Trademark Class
David Lange: Golan, Again
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/david-lange-golan-again/
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2011 Intellectual Property Year in Review and Outlook for 2012 – Part I: Patents
Are American Law Schools Failing Students?
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Are Suspects Just Too Tough?
Wouldn't just one or two be enough to teach a lesson to a person who is laying on the ground in a submissive position? Or do cops just do such a really awful job beating people that it takes so many? Just asking.
Apologies for the background music. Inappropriate and unhelpful.
© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/02/23/are-suspects-just-too-tough.aspx?ref=rss
Heinz Trader Tied To SEC Probe Was Goldman ‘Private Wealth Client’
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The Impact of BU Law’s LL.M. Programs
NSSTA’s Leadership
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/nsstas-leadership/
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Friday, February 22, 2013
The Virtues of the English
My response was:
While I occasionally do book reviews, under no circumstances would I ever blindly promote a book. People who want to advertise their wares for sale pay for the advertising.His reply:
Had my book been of interest to your readers I would have offered you a review copy.All of which offers me the opportunity post this great video of Dame Maggie Smith's Violet in Downton Abbey.
However, with such a discourteous reply if you want a review copy you will have to buy it.
Perhaps one of my English friends can help me to express my vulgar American view in a more civilized manner? After all, I would hate to be discourteous to some egomaniacal Brit wanker who cold-solicits me to sell his book of fabulous war stories, and who would be so very generous, if only I would assure him of aiding his marketing campaign, to send me a review copy so I too could bask in his revelry.
As for buying it, I'll pass.
Anyone who can guess the name* of the QC wins a copy of Nathan Burney's brilliant Illustrated Guide to Criminal Law.
* Contest limited to the U.S., since nothing done here is worthy of the British.
© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/02/18/the-virtues-of-the-english.aspx?ref=rss
Recommendations for a Social, Mobile and Global Legal Profession
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New iPad, New Decisions
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/03/new-ipad-new-decisions/
Making Collaboration Tools Work in 2012
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Predictive Policing and the Law
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/predictive-policing-and-the-law/
UN urges US Congress to renew Violence Against Women Act
Source: http://jurist.org/paperchase/2013/02/un-urges-us-congress-to-renew-violence-against-women-act.php
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Transgender Family Law in the Courts
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/transgender-family-law-in-the-courts/
Thursday, February 21, 2013
2011 Intellectual Property Year in Review and Outlook for 2012 – Part I: Patents
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Transparency in Congressional Travel
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/transparency-in-congressional-travel/
Language is Everything
There's more than one way to see things!
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ay7qKuQiFOI/
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Bed Bugs Litigation
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/08/bed-bugs-litigation/
Wednesday, February 20, 2013
Suffolk Law's Pro Bono Program
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/08/suffolk-laws-pro-bono-program/
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CampusLawyer: Taking Advantage of Kids on Campus?
So this is transparency? "They'll be sure to get you off"? Nothing misleading there, right?
What disturbs me most is that college kids who get in trouble, and it certainly happens, are a particularly vulnerable group. Old enough to be treated as adults. Immature enough to do stupid things. Smart enough to realize that they don't want mommy to know they screwed up while dad is working two jobs to pay the tuition, yet stupid enough not to realize that this is just a marketing scheme.
The scheme is run by Sergio Smith, a marketer of sorts out of Boca Raton. It strikes me that he's onto a pretty good idea in terms of a group of people who will need the help of a lawyer. It also strikes me that his approach is appalling.
There is a click-through disclaimer at the very bottom of the page, which no one will find or read. In the meantime, the ad copy makes it appear that Campus Lawyers is the firm with "experience attorneys nationwide," who are "top rated lawyers." Top rated? By Sergio?
One of the typical responses to such schemes, voiced by those who use or support the use of co-op advertising schemes, is whether there is any proof that anyone is fooled by deceptive marketing. The answer is self-evident: to the extent anyone falls for it, they're fooled.
Nowhere does the page inform a reader that this is merely a co-op advertising scheme, where attorneys who want/need the business pay to become part of the group. At the same times, it's deliberately framed in a way designed to give a false impression, that it's a firm, that the attorneys are somehow vetted for quality and appropriateness and that the larger entity, Campus Lawyers, has some connection to law. Sergio may be a smart marketer, but he's no lawyer. Did you happen to see Sergio's name anywhere on the page? In fact, did you happen to see any entity other than the amorphous Campus Lawyers?
So having come up with the (admittedly smart) realization that there is an untapped group out there who may well need legal representation, has no clue where to turn and is particularly naive and vulnerable, Sergio has crafted a business, is promoting the daylights out of it and, apparently, is signing up lawyers.
Whether the lawyers are great or horrible is neither known nor the point. The point is that this fabulous future of legal marketing isn't honest and takes advantage of kids. I can't blame Sergio for his failure to adhere to the ethical obligations of honesty that are demanded of lawyers. He's no lawyer. But I can certainly question how any ethical lawyer, taking even a casual view of the scheme (and that horrendous video), can feel comfortable being a part of this.
I know, you're a wonderful lawyer who provides excellent representation, so joining up with a somewhat questionable co-op advertising scheme is just a way to bring clients through the door where you can perform your magic. Are this makes being party to this scheme cool with you, right? And this is transparency?
© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/02/15/taking-advantage-of-kids-on-campus.aspx?ref=rss
In Dog We Trust
Or it could be what a unanimous Supreme Court, in an opinion by Justice Elena Kagan, last of Harvard law school, did. Despite what we now know about the flaws of the dog sniff myth, the pseudo-science nonsense behind its pretense of reliability, the statistical reality that passing a dog past the target of a search is no better than a coin toss, and often worse, that it's subject to the cue of a handler that makes any right of privacy evaporate in the face of a doggy alert, the myth cannot be questioned.
If a dog says the police can search, then search they can.
As the opinion has been out for hours already, Jacob Sollum at Reason has already shredded its back end, while Orin Kerr at Volokh Conspiracy has handled the front. Somehow, the nine justices ignored the fact that the entire process by which a cute pup is elevated to a probable cause machine within a structure created, owned and managed by law enforcement.
The National Academies of Science saw through the mess, but the Supremes were blinded, perhaps by the doggy cuteness. But then, those scientists are so stuck on facts and proof and method that they are often blind to the adorable things that tug at Kagan's heartstrings.
The newest associate justice had the opportunity to make excuses either way, about why dogs failed so miserably in the field, where the rights of citizens were put to the test, or how controlled and effective the dogs were tested in the controlled environment of Police Puppy Training Institute. She chose to favor the latter, and used her formidable rationalization skills to explain why reality to Americans whose privacy was lost wasn't nearly as important as official certificates handed to dog handlers by police officials.
But all was not lost, Justice Kagan explained.
A defendant, however, must have an opportunity to challenge such evidence of a dog’s reliability, whether by cross-examining the testifying officer or by introducing his own fact or expert witnesses. The defendant, for example, may contest the adequacy of a certification or training program, perhaps asserting that its standards are too lax or its methods faulty. So too, the defendant may examine how the dog (or handler) performed in the assessments made in those settings. Indeed, evidence of the dog’s (or handler’s) history in the field, although susceptible to the kind of misinterpretation we have discussed, may sometimes be relevant, as the Solicitor General acknowledged.
It's not as if the defense can do nothing about it, provided the trial occurs on a planet far, far away, where the fantasies of a scholar turned jurist take flight. In the imagination of a judge who has never dirtied her robes in the nasty trenches of a courtroom, defendant's are fabulously flush with funds to fly in experts from far-away places to challenge this sniff. And the government always turns over all its inside canine certification secrets, without lies, omissions, conclusory assertions or deception.
Nothing ever goes wrong in a courtroom. That's because our system is comprised only of wondrous folks whose concern for justice trumps all else. That's why you, citizens of this great nation, trust it so completely and without reservation.
For quite a while, the question of whether a coin toss with the lovely face of a puppy on one side and the sad face of a citizen being searched on the other was on the table. There was science. There were statistics. There was the amorphous thing called probable cause, which offered what some Americans believes to be a greater than not chance that their rights would be honored even though the word "probable" in Washington was defined to mean something different.
In testing whether an officer has probable cause to conduct a search, all that is required is the kind of "fair probability" on which "reasonable and prudent [people] act." Gates v. Illinois, 462 U. S. 213, 235. To evaluate whether the State has met this practical and common-sensical standard, this Court has consistently looked to the totality of the circumstances and rejected rigid rules, bright-line tests, and mechanistic inquiries. Ibid.
Whenever you see the words "common sense," you can be assured of two things. First, that it is used to overcome a gap of logic that cannot otherwise to explained. Second, that you lose.
In this case, the court has embraced a practical approach to simultaneously avoid being rationally required to explain away the failings on the part of the government to demonstrate why the rights of people under the Fourth Amendment to be free of warrantless search and seizure should be eviscerated by a critter whose efficacy is an article of law enforcement faith, as well as avoid having to admit that it has failed for decades to prevent violations of the Constitution based on its love of junk science.
But more importantly, the use of dogs, whether real, by cue of their handlers, or simply by magic, has served the interest of our government so well for so long by providing a justification for searching people. Plus, dogs are so very cute, lovable and friendly. What kind of a justice would serve our nation who didn't love dogs?
The issue is now conclusively decided, at least for the next generation. Don't blame the dogs.
H/T for the title of this post, @BoatFloating, which reminded me of the old joke about the agnostic dyslexic insomniac was up all night questioning the existence of Dog.
© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/02/20/in-dog-we-trust.aspx?ref=rss
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5 Vital Components to a Successful Custodian Interview
Germany court rules for Facebook in privacy dispute
Source: http://jurist.org/paperchase/2013/02/germany-court-rules-for-facebook-in-privacy-dispute.php
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Attorney Advocates For Poor As Immigration Debate Continues
While lawmakers debate proposals, the demand for immigration attorneys is increasing as people seek information and assistance. Jose Pertierra and his staff field nearly 50 calls a day from immigrants wondering how potential changes will affect them.
Tuesday, February 19, 2013
Legal Talk Network Live at LegalTechNY 2012- True Grit: E-Discovery in Big Law Firms
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A Discussion of Post Grant Review
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/a-discussion-of-post-grant-review/
Legal Talk Network Live at LegalTechNY 2012- True Grit: E-Discovery in Big Law Firms
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Sunday, February 17, 2013
The Perfect Real World Problem for a Trademark Class
ABA ethics commission closes chapter on rule revisions
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202588381157&rss=rss_nlj
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Proactive E-Discovery Management
Today's Journalism Lesson? Fade to Black
There is a long list of people who Teri Buhl, self-proclaimed investigative journalist, says she's going to sue. It looks like she'll have to add one more to the list. The problem started when her public twitter profile stated that her twits were not for publication. It headed south from there.
Mark Bennett started the ball rolling after Gideon engaged Buhl on twitter to find out what the heck she thought she was doing by claiming her twits were "protected." Tim Cushing picked it up at Techdirt, which angered Buhl sufficiently that she demanded a retort, including an absurd smack at Bennett for using the story on his blog "to promote his business," because, you know, why else would a lawyer blog?.
But Cushing wasn't prompt enough to satisfy Buhl, so he asked Jim Romenesko to publish it instead. Mike Masnick at Techdirt then ripped her a new one, after which Buhl let everyone know, including Romenesko who did her a solid, that they were all getting sued.
Whew.
The reaction to Buhl has not been kind. Rather than hum a few bars of Mrs. Robinson, pretty much everybody has responded that she's utterly nuts, and her efforts to salvage her shredded dignity have only gotten her into deeper trouble. She's posted various comments to other people's posts, regaling about her greatness as an investigative "jurno" and how she's beloved by her fans. The fans have yet to appear to back her up, but they're probably too busy rereading her old articles from when she had a job to waste their time.
All this is a preface to the reason why I hop aboard this out-of-control train. As others took note of the wreck, they included the initial screen shot of Teri Buhl's twitter bio, the one that she created and put on twitter for her adoring fans to know who she was and what they could do with her twits. It included an image of the "jurno" herself as part the bio.
See that sweet yet professional picture of a woman above the name Teri Buhl? Buhl says you're not allowed. At least not here, because it's her picture and she hasn't given me permission to public it. You see, according to the Buhl doctrine of copyright, it's her picture and nobody can use it. Kinda like her twits, but different.
That it's part of the subject at issue means nothing. Fair use doesn't exist under the Buhl Doctrine. Ironically, she is apparently unaware that Antonin Pribetic has copyrighted the letter "B," and is no doubt preparing a complaint as I type. She did not get his permission to use it, like I did.
Which finally brings me to the point of this post. The Knight Center for Journalism in America at the University of Texas, Austin, posted about this hotmess, including initially the screenshot above. And then came Buhl's copyright complaint:
Update 02/07/13: Freelance reporter Teri Buhl contacted the Knight Center and requested the pictures in her Twitter profile be removed from the story, stating that the images are copyrighted and the Knight Center – along with the journalism websites Poynter.org and JimRomenesko.com – do not have permission to publish them. The Knight Center has removed the photos from the screenshot from her Twitter account per her request.
Fade to black. This is the lesson for budding journalists in Austin. Capitulate. Somebody complains? Screams "copyright"! Fade to black. Don't say no. Don't react with a chuckle and passing mention of fair use. Don't teach students that a "jurno" doesn't succumb to threats, no matter how absurd and contrary to the law. Nope. Fade to black. It's so much easier and less risky. Journalists wouldn't want to take any risks, after all.
Buhl offers a laundry list of absurd explanations for her bizarre actions, which have given rise to no shortage of hilarity. But the treatment received at the hands of the Knight School isn't funny. In fairness, they aren't the only ones to wimp out, with Poynter’s Jeff Sonderman showing a similar lack of spine. But then, he's not charged with teaching the next generation of journalists why they're deserving of First Amendment protection.
While all of this might well strike us, as lawyers, as utterly ridiculous, given that we would expect those engaged in journalism to have at least a working knowledge of the law as it applies to them, it apparently isn't the case for those who teach it. Are they clueless? Do they not use "fair use" in Austin?
Maybe they just offer professional courtesy to Buhl, as one of the tribe, even though they realize that there is no legal impediment whatsoever to the screenshot of her twitter bio, as the core of the story about her insane claim of unpublishable twits. But if so, then the message to students is be bold when it comes to revealing the awful truth about others, but when it comes to one of our own, fade to black? This would be too cynical even for me to believe,
So if it's not hypocritical circling the wagons as a courtesy to one of their own (whether with or without free donuts), then it's just plain old capitulation. Not a good lesson for the next generation of a group upon whom we depend for our information, knowledge and understanding of what is happening in our world. All the news that's fit to print, unless someone tells them not to and threatens them with a lawsuit. Then, fade to black.
© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/02/09/todays-journalism-lesson-fade-to-black.aspx?ref=rss
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