Legal Studies Classroom

Law Music Video: Sue Me Sue You Blues

2012-03-03T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is Sue Me Sue You Blues by George Harrison. George was a little bitter over the Beatles breakup. Law music videos played before your class starts will positively contribute to learning.

How Lawyers See the World?

2012-03-02T07:00:00.000-05:00

Start with a cute little love song:

Then get a lawyer involved:

Battery in the Classroom!

2012-03-01T07:00:00.000-05:00

For years I have explained the concepts of intent, civil battery, assault and transferred intent by posing a hypothetical scenario in which I heave a blackboard eraser at a student who is not paying attention.

Lessons on Law, Ethics and Life

2012-02-29T07:00:00.000-05:00

Two stories, beginning with similar facts but ending very differently provide opportunities to discuss important issues about the nature of law and education. Which is more important, strict interpretation of legal language or fidelity to the spirit of the law? Is enforcement of a legal right always justified or are there situations where ethics dictate declination of rights enforcement? What lessons do our students learn about law and life from teachers, parents, coaches, media, and other sources prior to getting into our college classrooms?

As reported by Yahoo sports, this February, the Omaha, Nebraska Burke High School girls basketball team wore pink uniforms for a home game in order to raise money for the Make-A-Wish Foundation. The uniforms were to be auctioned off after the game. At halftime, the athletic director of the visiting team reminded his coach, who in turn advised the referees that the league rules require that the home team wear white uniforms. A technical foul was assessed against Burke and the visitors sank two fouls shots to give them a one point lead at the start of the second half. Ultimately, Burke lost the game by a margin that made the free throws irrelevant. But at the time that the visitors insisted on enforcement of the rule, the game was close. What did these students learn about "law" from this incident?

When I first read this article, I thought about all the issues raised in the opening paragraph above. But I also had a vague recollection of a similar scenario that sent a far different message.

As reported by ESPN sports, in 2009, Dekalb, IL High School boys basketball team travelled to Milwaukee to play Madison High. A few hours prior to the game, the mother of Madison's senior co-captain Johntell Franklin succumbed to a lengthy battle with cancer. Believing that Franklin was not going to play in the game, Madison's coach did not enter Franklin's name into the scorebook as a possible participant for the evening. However, during the second quarter, Franklin arrived suited up to play and telling his coach that he wanted to participate. The situation resulted in the assessment of a technical foul due to a rule requiring player's names to be listed in the scorer's book prior to the game. The DeKalb coach told the referees that they didn't want the foul. The referees insisted that they had no choice but to shoot the foul shots. DeKalb senior guard Darius McNeal asked his coach to allow him to take the shots. McNeal strode to the foul line and, in accordance with his coach's instructions, surprised the crowd as he intentionally heaved consecutive air balls, extracting a just result from an otherwise unyielding law of the game.

Rules are rules. They maintian order by confining conduct within predictable ranges. But the environment created by these rules must be tended by thoughtful and competent caretakers. The laws only lay out the landscape upon which the game of life is played. Ultimately, the way you play the game is more important than whether you win or lose.

See also, "Ethics - '...But it's Legal'"

Do I Really Need That Prescription Drug?

2012-02-28T07:00:00.000-05:00

Food and Drug Administration (FDA) regulations require that if prescription drug manufacturers make representations in advertisements about what their products can cure, then they must also make disclosure about the potential side effects of the drug. This is one way that the regualtory system works to protect the consumer. Commercials, such as the examples below, make a viewer understandably cautious about their prescription drug intake.

The Celebrex commercial below is an example of the other kind of ad - one that makes no positive claims and therefore need not disclose potential side effects.

Unfortunately, I was not able to find a video of the more recent Celebrex ads to exhibit the category of "language butcherng ads." The new ads warn that "patients taking aspirin and the elderly are at increased risk of stomach bleeding and ulcers." Where are those patients taking the elderly?

A Public Policy-Making Fairytale? Egg-xactly!

2012-02-27T07:00:00.000-05:00

In a prior post I have expressed a healthy criticism for the effect of interest group politics on the legislative law-making process. I think that is why this story reported by NPR resonated so deeply. It is a real life fairy tale of cooperative, sensible public policymaking for the common good.

The video below reports the results of the historic cooperation between the Humane Society and the United Egg Producers to recommend new egg production regulations meeting the needs of both organizations. But the NPR audio report is a more compelling story of how dedicated advocates came together to put extreme self interest aside to pursue the public good. My summary could not do it justice. Listen here.

Law Music Video: Will Your Lawyer Talk to God for You?

2012-02-25T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is Will Your Lawyer Talk to God For You? by Kitty Wells. Law music videos played before your class starts will positively contribute to learning.

The Day They Took the Laptops

2012-02-24T07:00:00.000-05:00

I wish I could ban laptops. But since business students are required to have laptops, I cannot rely on support from the school administration.

Legal Jargon

2012-02-23T07:00:00.000-05:00

If you are looking for a video to illuminate the concept of proximate cause for your class, this isn't it. But it is a fine example of how lawyers can fall into the habit of speaking in legal jargon without even realizing it. It is a trap that we must all work to avoid in class. A couple of good videos for addressing proximate cause are the one suggested by Henry Lowenstein and posted here, and one suggested by Donno Steslow posted here.

Guest Blogger, Janine Hiller: Google Trespass Case

2012-02-22T07:00:00.000-05:00

ALSB member Janine Hiller from Virginia Tech shares the following case for use in class:

It occurred to me that one of the cases that I have long used in Internet Law actually resulted in a final verdict that illustrates trespass to land quite well, and relates to Streeview, of which students of course are well aware. It is not a brand new case, Boring v. Google settled in 2010, but I recently came across the website of the plaintiff's attorney chronicling the case which provides interesting and impassioned commentary on the power of Google and the rights of individuals. So other discussions can also be interesting.

Editor's note: The plaintiff's attorney's website is quite detailed.
Below is a news video from early in the life of this lawsuit:

Featured Movie: The Verdict

2012-02-21T07:00:00.000-05:00

TheVerdict is probably my favorite law movie of all time. I am enamored with its ironies and thoughtful inquiries into the civil justice system.

Frank Galvin (Paul Newman) is a one time promising lawyer, now down on his luck after being victimized by ethically challenged legal employers. He has a case that is sure to get him back on his financial feet - a malpractice case against a hospital run by the powerful Archdiocese of Boston. A young mother is given a general anesthetic during childbirth and aspirates into her mask. The oxygen deprivation leaves her comatose. A settlement is all but assured, until Frank decides that he has an obligation to pursue the case to a verdict to expose the wrongdoers. But is it justice that Frank seeks or his own personal redemption?

In the eyes of many, it is usually the lawyer who wants the settlement money and the client that wants justice. In a beautifully designed reversal of roles Frank's clients, the victim's sister and her husband, are seeking a settlement to set up a perpetual care fund for their loved one before departing to Arizona to pursue work and better health. In a key scene, Frank, who is initially portrayed as a low life, turns down the substantial settlement offer to pursue "justice." It is the first time that Frank exhibits any redeeming qualities. Of course, it is also the moment when he breaches his professional obligation to his clients.

The movie examines issues of disparity of resources in civil litigation, professional ethics, civil settlements, the adversarial system, and the very nature of justice in the civil system. In a final irony, the only way justice can be acheived in court, is to ignore the law. Galvin's summation is a signal cinematic moment.

The Verdict earned 5 academy award nominations including best picture, best actor (Newman) and best supprting actor (James Mason as insurance counsel Ed Concannon).

The movie is based on the novel of the same name written by Boston attorney Barry Reed. For legal popular culture buffs, it is interesting to note that Reed is the lawyer who referred to Jan Schlictmann the Woburn, MA leukemia case that was the subject of the book and movie, A Civil Action.

Read Reviews. I have guided viewing questions available to share for educational purposes if you e-mail me at mark.deangelis@uconn.edu.

Other law movies featured in this blog: The Rainmaker; My Cousin Vinny

Watch the trailer:

Watch Galvin's summation:

Unrealistic and Realistic Portrayals of Court Proceedings

2012-02-20T07:00:00.000-05:00

This blog previously featured a guest post from Eve Brown where she featured clips of court scenes from popular culture that give false impressions about the drama of court proceedings juxtaposed against a clip of a real trial. Unfortunately, not all of those videos are still available on youtube. Below I have embedded two new video clips featuring an unrealistic portrayal and a realistic potrayal of courtroom proceedings.

Unrealistic:

Realistic:

Law Music Video: Guns on the Roof

2012-02-18T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is Guns on the Roof by The Clash. Law music videos played before your class starts will positively contribute to learning.

How Lawyers Look at Hourly Billing

2012-02-17T07:00:00.001-05:00

We all recognize the truth in this. Luckily, most of us can put this in the category of "been there, done that."

The first video below has been particularly effective in illustrating for students the "insider's view" on hourly billing.

Federal Judges Serve For Life . . .

2012-02-16T07:00:00.000-05:00

. . . and, therefore, are "Appointed Forever."

Business Entities

2012-02-15T07:00:00.000-05:00

The Mahalo channel on youtube includes a grouping of 7 videos on "Business Entities" all hosted by CPA Keith Hall. In a comfortable, folksy, tie-loose-at-the-neck style, Hall competently describes the characteristics of the principal forms of business organizations. There is a video on Sole Proprietorships, Partnerships, Corporations, S Corporations and Limited Liability Companies. There is also the overview video embedded below.

Featured Website: Top Documentary Films

2012-02-14T07:00:00.000-05:00

Top Documentary Films features an impressive list of full length documentaries available on-line free of charge. What a great way to extend the classroom by assigning movies for students to watch outside of class! The list of movies available is quite extensive and diverse. I pulled out a few relevant examples:

Big Brother, Big Business
trailer:

Enron: The Smartest Guys in the Room
trailer:

WalMart: the High Cost of Low Price
trailer:

Consuming Kids
trailer:

Capitalism: a Love Story
trailer:

The End of Civility...or the End of Civilization?

2012-02-13T07:00:00.001-05:00

Below is an ad for the reality TV show, Celebrity Apprentice. Pardon me for being cynical, but I don't think that the fact that the show will raise money for charity is enough to redeem the cultural damage this show inflicts. How can we teach ethics, when the "cheat to win" culture is so famously celebrated . . . and even justified as "doing good?" Do our student dismiss us as out-of-touch sentimentalists when we promote ethical behavior? What about all the multi-millions of TV viewers who are never even exposed to the suggestion of ethical conduct in business? Are ethics even relevant, anymore?

Law Music Video: Illegal Search

2012-02-11T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is Illegal Search by LL Cool J. Law music videos played before your class starts will positively contribute to learning.

Corporations Are Persons Now

2012-02-10T07:00:00.000-05:00

Tell us how you really feel ladies. Don't hold back, now! See also the The Story of Citizens United.

Fraud!

2012-02-09T07:00:00.000-05:00

But was there reasonable reliance?

Law Students Sing Their Brutally Honest Views

2012-02-08T07:00:00.001-05:00

So you want to go to law school . . . ? Or should you just buy a puppy?

See, also, Law School Musical and Law School Worryin' Blues.

Lawyers:

Puppies:

City Tells Police Office CPR Injury Not Job Related

2012-02-07T07:00:00.001-05:00

The Hartford Courant reports (1/19/12) what can only be characterized as a bizarre legal opinion from the New Britain, Connecticut city attorney. My apologies to the Courant for quoting so extensively from the article, but unfortunately, the Courant does not allow access to its archive for long. According to the article:

On Nov. 11, [New Britain police officer Frank] Barbagiovanni was dispatched to a house where a 10-year-boy had stopped breathing. As soon as he got out of his patrol car, the mother ran to him with the unconscious boy, and Barbagiovanni began CPR until paramedics arrived and took over. The boy later died at the Hospital of Central Connecticut.

Because the boy vomited on the officer's face and in his open mouth during CPR, supervisors directed Barbagiovanni to file a report documenting that he had potentially been exposed to communicable diseases.

City attorneys later notified him that the incident was not "causally related to a work-related condition" – and that they would contest workers compensation if he applied for it.

Officer Barbagiovanni, understandably upset, commented, "I thought the city would want me to try and save a life, they trained me in the skills to do so... The city on one hand cannot demand and acknowledge we expose ourselves to threats of injury and then state that we do not have to."

The city attorney's inexplicable letter and opinion is bad enough, but a spokesman for the New Britain mayor managed to compound the embarrassment. In a follow up story (1/20/12) reporting that the mayor called Barbagiovanni to his office to apologize to him, the Courant reports:

The section of the city's attorney's letter was merely "boilerplate," language common in any worker's compensation correspondence, said Phil Sherwood, an aide to [the mayor].

"Any reasonable person would understand that the attorney wasn't saying CPR isn't part of a police officer's duties," Sherwood said, who said the mayor applauds Barbagiovanni's work at the emergency call.

So, if you read the two articles together, it is clear that the policy of the City of New Britain is to deny and challenge ALL workers' compensation claims, regardless of reason, justice, the law and, of course, the facts that should have been understood by "any reasonable person." Isn't this a plot line right out of a Grisham novel (The Rainmaker)?

Truth is stranger than fiction.

Featured Case: Bad Frog Brewing Co. v. New York State Liquor Authority

2012-02-06T07:00:00.002-05:00

According to the 2d circuit's opinion:

A picture of a frog with the second of its four unwebbed "fingers" extended in a manner evocative of a well known human gesture of insult has presented this Court with significant issues concerning First Amendment protections for commercial speech. The frog appears on labels that Bad Frog Brewery, Inc. ("Bad Frog") sought permission to use on bottles of its beer products. The New York State Liquor Authority ("NYSLA" or "the Authority") denied Bad Frog's application.

fn 1. The gesture, also sometimes referred to as "flipping the bird," see New Dictionary of American Slang 133, 141 (1986), is acknowledged by Bad Frog to convey, among other things, the message "f**k you." The District Court found that the gesture "connotes a patently offensive suggestion," presumably a suggestion to having intercourse with one's self.

The court applied the Intemediate Scrutiny test applicable to Commercial Speech cases as determined by the Central Hudson case. The question for the state, then, is "What is your substantial governmental interest in prohibiting this label?" The state of New York says that it has a substantial interest in protecting children from exposure to vulgarity.

If those are appropriate ends, then what are the means that New York has chosen to protect children from vulgairty? New York responds that the way it has chosen to protect children from vulgarity is to ban the friggin' frog label. Does this action directly advance the stated substantial governmental interest?

Hardly.

Our point is that a state must demonstrate that its commercial speech limitation is part of a substantial effort to advance a valid state interest, not merely the removal of a few grains of offensive sand from a beach of vulgarity.

Therefore, the state's interference with Bad Frog's commercial speech is an unconstitutional infringement.

The Bad Frog label:

Connecticut had a similar problem when it banned the use of Seriously Bad Elf beer's label on the grounds that it appealed to children. Connecticut relented when Bad Elf threatened suit.

Law Music Video: Laying Down the Law

2012-02-04T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is Laying Down the Law by Paul Rodgers. Law music videos played before your class starts will positively contribute to learning.

How to Give Testimony on a Witness Stand

2012-02-03T07:00:00.000-05:00

The video embedded below gives advice on how to testify in court. I must admit that it struck me at first as a joke. But, the advice given in the audio track is sound. And that witness sure did clean up pretty nicely!

I think that this video can be useful in introducing students to the idea that HOW a witness testifes is as important, if not more so, than WHAT the witness says. And also to the concept that witnesses can and should be prepared to give their testimony.

Seize the Teachable Moment: Rape "Comedy" Deja Vu

2012-02-01T22:00:00.000-05:00

When a teachable moment presents itself, we must not let the learning opportunity pass. It is so difficult to get college students to pay attention to anything outside of what is on their computer screens at the moment that when an event occurs to which their attention is drawn, we should employ it for its maximum educational value. Consider the opportunity created by the event described below to talk to students about the Liberty of Free Speech and the responsibility that is inextricably tied to the exercise of liberties.

The University of Connecticut (UConn) student-run TV station (UCTV) recently ran a "comedy" skit of questionable taste and social value. The skit, part of the Shenanigans show, may be viewed below. WARNING! - the language is sexually explicit. As objectionable as the prurient tone of the skit may be, its crudeness is dwarfed by the offensive overall premise of this poorly considered endeavor. As described in this editorial and in this news report (also including access to a video copy of the skit) the skit shows a frightened and frantic female student being chased at night down a path in a remote part of campus. Upon reaching one of the emergency contact devices installed by the university for use in these situations, her pleas for help are met by derision and ridicule from the computerized system. As the frightened student yells at the unhelpful device, "What the hell is wrong with you? I'm going to die," the mechanical voice berates her as a "stinky bee-otch." Getting transferred to a different computerized operator is no better as the frantic student is scolded, "You dumb blonde bi*ches don't ever understand, always crying about rape. Suck it up."

In 2007, the student newspaper at Central Connecticut State University (CCSU) ran a purportedly satirical, student-authored "opinion" piece entitled "Rape Only Hurts If You Fight It." The insensitive discourse is too patently offensive to be quoted in this post (but a transcription is available here). One among many points of limited social value was the suggestion that rape afforded ugly women an otherwise unavailable opportunity to experience sex with a man who was not drunk. This editorial was roundly criticized in the press and the target of public protests by students. It was headline news for weeks in the state's newspapers, news services and on-line forums. Yet, when I talk about this incident in class, my students have never heard of it.

"Those who cannot remember the past are condemned to repeat it." Never have these insightful words of philosopher George Santayana been more appropriate and relevant than when applied to undergraduate college students. Although, in this instance, it doesn't appear so much an issue of failing to remember the past, but rather of being oblivious to what happens around them. I suppose if the earlier incident had involved Kim Kardashian or LeBron James, it would have been well known and remembered and the lessons learned. But it's not as if the CCSU incident was reported only in the mainstream media. Rather, it was a hot topic ("viral" seems to be the new term) in the social media and internet world to which our students are purportedly so closely connected. Yet, nothing was learned.

If we are to accept as an excuse that today's college students were merely clueless teenagers four short years ago, then let it serve as a reminder to us as educators that there is significant and vital work to be done. The people sitting in the seats in front of us may look like adults, but in many ways they are so naive in their understandings of the world around them. References to Watergate, Monica Lewinsky, Enron and even, as I have discovered, the nomination of Supreme Court Justice Samuel Alito are as far removed from their consciousness and understanding as the Fall of the Roman Empire or the Crusades. We must seize and utilize every available teachable moment, for their value is as fleeting as a teenager's Facebook status.

A blue emergency phone:

With great trepidation, but in the greater interests of education, I have embedded a video of the offensive skit below.
WARNING!! SEXUALLY EXPLICIT LANGUAGE AND OFFENSIVE COMMENTARY!

SOPA/PIPA Protest: The Day The LOL Cats Died - And More

2012-02-01T07:00:00.001-05:00

What happens when you piss off the intelligent, creative, and tech savvy? These protests are appealing to me as they draw on two of my favorite dynamics: 1) musical parody/social commentary, and 2) critical examination of the legislative law-making process which is too often passed off in civics classes as benevolent public policy making for the common good. Pick your favorite version!

LOL Cats:

Posted 1/17/12:

posted 1/18/12:

posted 1/19/12:

posted 1/20/12 - the folk song version?

More SOPA protest:

WARNING! This one uses the F-word, as in "Don't f**k with the internet!" But it is really very good and I think speaks to undergraduate students in their own idiom.

WARNING! This one also includes the F-word. For better or worse, it is part of the lexicon of protest.

. . . and too many more to include here. Go to youtube and search "SOPA song."

Featured Case: Bigelow v. Bullard - Legally Fired for Racial Tolerance

2012-01-31T07:00:00.000-05:00

The Nevada Supreme Court decision in Bigelow v. Bullard may be used to illustrate two important concepts in a Legal Environment course. Michael Bullard was an employee of Bigelow Holding Company. According to the court's decision:

It could be inferred from the evidence in this case that the Bigelow company had in fact adopted a rental policy of discriminating against African-Americans. It has been claimed that agents of Bigelow were instructed to use deception and subterfuge to prevent African-Americans from becoming tenants in Bigelow rentals.

Testimony of the plaintiff Bullard revealed the following incident:

Q. How were you terminated?

A. We had three black males came [sic] on the property. Carol Swenson radioed Donna Dollman [sic] on her radio — ... I told Carol that blacks had rights, too. Approximately five to ten minutes passed. Donna came into the office. Carol and Donna conversed. I don't know what they said. Donna walks up to where I'm sitting, picks up the piece of paper that I'm writing on, and she said, "What's your f--king problem?"

I said, "I don't have a problem."

She said, "I think you do." She said, "I think you're a f--king ni--er lover. Sit your God damn ass down on that f--king stool, shut your mouth, and do your f--king work."

Q. What happened next?

A. Then she said, "On second thought, get your f--king ass out of here. I don't want you working for me anymore."

Q. And what was the time span between those two statements by Mrs. Dollman [sic]?

A. Not even 30 seconds.

Q. Why did you make the statement, "Blacks have rights, too"?

A. Because I knew that they were fixing to physically assault the black males to get them off the property.

1. Wrongful Termination:

Bullard claimed that his discharge should be deemed wrongful under the public policy exception to the employment-at-will rule. The court disagreed, overturning a jury award of compensatory and punitive damages:

In sum, then, we do not deem it to be consistent with the employment law of this state to hold that an employee's merely expressing to a fellow employee or some third person disapproval of or "objection" to company policy that is claimed to be contrary to pubic policy (as distinguished from refusal to carry out that policy) can be the predicate for a tortious discharge action. Dallman fired Bullard not for what he did (such as refusing to carry out ugly and unlawful racist policies for the company or even for "objecting" to such policies) but rather, at worst, for what, in her mind, Bullard was, namely a person she deemed to be unworthy of further employment because of an expressed sympathy for black tenants. Dallman had, under our at-will employment law, the right to fire Bullard because she did not like people like him, people who are sympathetic to African-Americans. She had the right to fire him for any reason.

2. Stare Decisis: The court considered a precedent (Western States v. Jones) that recognized a public policy exception to at-will- employment. In that case, an employee who had recently undergone surgery and returned to work with a bandaged surgical wound was fired after he refused to follow his employers direction to enter an area where hazardous fumes had been released. The court distinguished Bullard's case on the facts, since Bullard had not refused an order from his employer, but rather, had merely expressed his opinion. The court's opinion may be characterized as a choice to read the public policy exception narrowly. Had the court been inclined otherwise, the Western States case could have been used as precedent to support the finding of a broader public policy exception. Merely having a precedent did not require the court to find either for or against Bullard. Interpretation of law can be, ultimately, a matter of choice.

The dissenting opinion relies on persuasive precedent from California.

CASE NOTE: Public Policy and Wrongful Discharge: The Continuing Tragedy of Bigelow V. Bullard

The case was also featured in Ruth Colker's, American Law in the Age of Hypercapitalism; The Worker, The Family and the State - a highly recommended read.

Robert Bigelow, Defendant:

image source: http://materialintangible.blogspot.com/2011/09/robert-bigelow-wings-over-worldand.html

State v. Federal Power: Conflict Over Legal Marijuana Dispensaries

2012-01-30T07:00:00.000-05:00

Under the Supremacy Clause of the Constitution, where state and federal law conflict, the federal law is supreme. However, that presumes that the federal government is acting within its enumerated powers rather than intruding on the police powers of the states. As discussed previously in this blog, over two hundred years has passed since the ratification of the Constitution and we are still trying to figure these issues out.

Recently, the Departmentof Justice has sent leters to marijuana dispensaries in Colorado that are located within 1000 feet of schools, they they must immediately shut down or face federal prosecution. The dispensaries are selling marijuana legally under Colorado state law and operate out of facilities licensed and permitted by the municipalities in which they are located. This is another symptom of an ongoing state vs. federal conflict that shows little sign of being resolved anytime soon - and which makes for an outstanding opportunity to discuss the parameters of state and federal power in class.

Law Music Video: So Sue Us

2012-01-28T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is So Sue Us by Dance Hall Crashers. Law music videos played before your class starts will positively contribute to learning.

Shot Girls: Employees or Independent Contractors?

2012-01-27T07:00:00.000-05:00

You are in a bar, enjoying an evening with some friends. One friend has clearly had too much enjoyment and is loudly calling attention to himself and his condition. He is approached by a young woman, barely 18years old, who you have seen many times during the evening carrying a tray of brightly colored shots through the bar, selling them to customers. She approaches your friend and in a matter of a few minutes, she manages to sell him 3 shots at $6 each, which he downs in succession. He slips the "shot girl" a generous tip as she moves on to approach another group of revelers. Later that night, your friend drives his car into an intersection against a red light and paralyzes the driver of another car. Certainly, there must be dram shot liability under these circumstances! But wait - the bar owner says that the "shot girl" was not his employee. Rather, she is an independent contractor - an entrepreneur - earning tips for her services. Is this a scam to avoid liability or is it a legitimate "yellow cab" arrangement? As with most situations in law, it depends . . . on the details of the relationship.

Some of these arrangements sound a but sketchy from a liability standpoint. Others seem to be better organized from a legal standpoint to take advantage of the independent contractor liability rules. Do the shot girls have to carry dram shop insurance?

The Legal Environment of Business is indeed a landscape of craggy hills, leaving a cache of caves and crannies for the clever to covet.

Contract Cases and Lyrical Learning

2012-01-26T07:00:00.001-05:00

R.B. Caswell's youtube channel features songs about cases in Contracts Law. What a great way to introduce or wrap up a concept or case discusssion!

Here is another youtube channel with a similar idea.

Wood v. Lucy, Lady Duff Gordon from R.B. Caswell's perspective:

"Frivolous" Lawsuit Stories Exposed by Cracked.com

2012-01-25T07:00:00.000-05:00

The website Cracked.com reports on 6 Famous "Frivolous Lawsuit" Stories That Are Total BS. Undergraduate students are very familiar with the Cracked website which provides a healthy dose of humor and sarcasm to the youger generation. Warning! Cracked does not hesitate to express its ideas in language that you would otherwise try to avoid in class. So, I wouldn't put this up on the projector, but I might assign it on a syllabus.

A sampling of other Cracked articles of interest:
5 Awesomely Sarcastic Supreme Court Decisions
7 Bullshit Police Myths Everyone Believes (Thanks to Movies)
The 5 Most Wildy Illegal Court Rulings in Movie History
7 Brilliant Movie Lawyers (Who Suck at Their Job)
6 Judges Who Went Completely Insane on The Bench

Guest Blogger - Henry Lowenstein: Proximate Cause or Cable Remote?

2012-01-24T07:00:00.000-05:00

Henry Lowenstein from Coastal Carolina University shares the following video resource:

A colleague of mine (Professor Mark Mitchell, Marketing) passed on some of the new TV ads being run by DirectTV to encourage consumers to switch from cable TV to their direct service. They are hilarious. The one below had me thinking on the issue of "proximate cause" when we teach about torts in our legal environment classrooms. Who really is responsible for injury? Who really should pay? What are the limits of the logic? Is the cell phone company responsible for the distracted driving that leads to an accident or is it the maker of the device itself, or the road, or the car company who didn't warn not to look at the GPS screen while driving? The road to netting potential tortfeasors could be endless and only the courts, juries and legislators put some limitations on it. Common sense and personal responsibility often get lost in the legal "static."

The big complaint about the U.S. legal system and raised in debates on tort reform is the expansion of tort theories, by plaintiff attorneys seeking new ways of making cases and cashing-in for "victims" and themselves. So the DirectTV might be a funny way to approach the topic. Is the cable tv company the proximate cause of this individual's "assault." Does he have a cause of action against his cable company for various forms of tort liability and compensation?

Editor's Comment: Maybe this guy could sue Direct TV for not speedily convincing him to switch from cable?

Mildred and Richard Loving Photos Released

2012-01-23T07:00:00.001-05:00

Newly discovered photos of Mildred and Richard Loving taken in 1965 have been made public. The Lovings were the plaintiffs in the Supreme Court case that struck down Virginia's anti-miscegenation laws. The photos were discovered during the making of a documentary, The Loving Story, due for release in February.

Featured case: Loving v. Virginia.

Click on the picture below to see the newly released photos:

The video below is a new release of a live performance of Nanci Griffith's musical tribute to the Lovings.

Law Music Video: We The People (Constitution Song)

2012-01-21T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is We the People (Constitution Song) written and produced by Sandy Wilbur and performed by sonme talented youngsters from Cambridge Central School (NY?). Law music videos played before your class starts will positively contribute to learning.

The Negotiable Paper Bunch

2012-01-20T07:00:00.000-05:00

It's a writing
Pay to order or bearer
Signed by the maker or the drawer
An unconditional promise to pay
A sum certain
In currency
On demand or at a definite time

It's a writing
Pay to order or bearer . . .
Oh, well - you'll get it after you watch the video.

Thank you, Sabrina Ursaner, for sharing you ditty with us on the internet. Please visit Sabrina's YouTube channel and her Blog.

Brday Bunch theme:

Another Negotiable Instrument Song:

Law Lessong - Employment-at-Will

2012-01-19T07:00:00.000-05:00

The next installment in the “Law Lessong” series is Employment -at-Will Song. This simple video and song from a Power Point presentation helps students consider the issues of the Common Law doctrine of employment-at-will. Reference is made to the limited whistleblower protection under the Common Law and the public policy exception to Employment-at-Will.

Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.

"Judicial Activism:" Overreaching Courts or Protection Against Tyranny of the Majority?

2012-01-18T07:00:00.002-05:00

The election season has the potential to provide a trove of video clips raising issues about the proper role of courts in America. In the clip below, Republican Presidential hopeful, Rick Santorum criticizes the US Supreme Court decision in Griswold v. Connecticut as inappropriate "judicial activism." This clip can be a good discussion starter.

After students learn the case, what is their reaction? Is it, "Good grief, where does the Supreme Court get off creating a right of privacy!" Or is it, "Thank goodness that the Supreme Court recognized that there is a right of privacy!" When the "people" of the great state of Connecticut (in the body of the elected representatives in the state legislature) vote to criminalize the use of contraception, is this an example of the "people" properly establishing the limits of acceptable conduct or is it the government overreaching into the very places where government should never venture? Should the Court have deferred to "the will of the people" of Connecticut or did it properly act to protect the people of Connecticut from the tyranny of its elected officials?

Does the Ninth Amendment's reservation of rights to the people mean that only legislatures may determine the extent of those rights or is this the inherent function of the courts?

More Law/Justice Disconnect

2012-01-17T07:00:00.000-05:00

In 1998, David Messenger of Chaplin, Connecticut bludgeoned his pregnant wife to death in front of their 5 year old child. He was subsequently found not guilty of manslaughter by reason of insanity and committed for 20 years to the custody of the State of Connecticut Psychiatric Security Review Board. As the PSRB considers releasing Messenger into a halfway house to complete his sentence, the Hartford Courant reveals that Messenger posseses significant financial assets; including, incredibly, a portion of the $425,000 proceeds from the settlement of the wrongful death case filed against him by his wife's estate! In the loopiest of legal loopholes:

State Probate Court Administrator Paul Knierim said there is nothing in the probate statutes that prohibits people found not guilty by reason of insanity from remaining as beneficiaries of the estates of their victims.

Is the court devoid of equitable powers to remedy this travesty? The Courant article reports further:

And because David Messenger voluntarily gave up his parental rights to his son, after he killed his wife, the boy wasn’t eligible to challenge Messenger’s standing as the beneficiary of the estate.

Once again, how can this be? The son is still a beneficiary of his mother's estate. Why can't he challenge the status of other beneficiaries? If this article and the scenario that it paints is perplexing to legal professionals, how must it be perceived by the general public?

The law is not inherently equal to justice. Justice must be avidly pursued by a vigilant society.

The following video was posted on YouTube in 2008 by the family of Messenger's victim:

Civil Disobedience Exposes Law's Injustice

2012-01-16T07:00:00.000-05:00

In honor of Martin Luther King, Jr. Day, below are a couple of videos celebrating the acts of civil disobedience performed by the Freedom Riders in Jackson, Mississippi in 1961. These, and other acts of peaceful civil disobedience help expose and publicize the injustice of segregation law to the nation and its national government.

The law is not inherently equal to justice. Justice must be avidly pursued by a vigilant society.

Choosing a Pre-Law Major - Happy Holiday Season

2011-12-13T07:00:00.000-05:00

This is final exam week at UConn. As the semester comes to a close I wish a happy holiday season and semester break to all readers. Posts will return in earnest when the Spring semester begins in mid-January.

In the meantime, this clip of a family holiday dinner discussion allows us to reflect on how our students may be drawn to study the law.

Bad Lawyer Ads #3

2011-12-12T07:00:00.000-05:00

This is final exam week at UConn so, normally, I would post something on the lighter side. I went looking for humorous lawyer ads to post and found the video below, Unfortunately, this ad, ostensibly intended to be clever turned out to be disturbing.

How can you be a lawyer who purports to make a living advancing the rights of innocent injury victims yet embrace the stereotype of "bullying" insurance companies into unfairly paying money to your clients after a "shakedown"? Where is our credibility, as a profession, in advocating for a fair civil justice system when we sink to pandering for business at the expense of principles? An ad like this emboldens the cause of "tort deformers," and cheapens the search for justice.

I hesitated to post the ad here for fear that I would be giving it unwarranted exposure. But toward the greater interest of education, we all need to know what is happening out there and to what forces of "mis-education" our students may be exposed.

See also: Bad Lawyer Ads #1; Bad Lawyer Ads #2

Law Music Video: "Sue Me" from Guys and Dolls

2011-12-10T10:26:00.000-05:00

This week's installment in the "Law Music Videos" series is Sue Me from the musical "Guys and Dolls." This performance features Nathan Lane and Faith Prince.
Law music videos played before your class starts will positively contribute to learning.

Commercial Appropriation Claim: Kardashian v. Old Navy

2011-12-09T07:00:00.000-05:00

We have seen successful commercial appropriation claims by Bette Midler and Vanna White. Lindsey Lohan's claim deservedly crashed and burned. The latest person suiing to prevent others from trading on her fame is Kim Kardashian. If you are like me, your first reaction is likely, "Who the heck is Kim Kardashian?" However, I understand that she is a person well known to our undergraduate students. Yet, even the students are unable to satisfactorily answer my follow-up question, ". . . and why is she famous?"

Judge for yourself. This is Kim Kardashian:

This is the Old Navy ad:

Law Lessong - Another Day (A Good Samaritan Law Song)

2011-12-08T07:00:00.000-05:00

The next installment in the “Law Lessong” series is Another Day. The lyrics for this song were written by Faiven Feshazion, a student in my Legal and Ethical Environment of Business class at the University of Connecticut. Students may submit law songs for credit. In order to fashion a rhyming scheme that matches a melody, a student must carefully examine and distill legal principles and the language that expresses the legal principles. This song helps students consider the absence of a Common Law duty to assist someone who is in danger and, therefore, the public policy behind Good Samaritan statutes.

Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.

Eat More . . . Doughnuts?

2011-12-07T07:00:00.001-05:00

The NY Times is reporting that lawyers for Chick-fil-A have sent a notice to an entrepreneurial T-shirt seller in Vermont to cease and desist from selling his "Eat More Kale" T-shirts. Chick-fil-A claims that the shirt's slogan is "likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A's intellectual property." (Chik-fil-A's trademarked advertising slogan is actually for the misspelled phrase "Eat Mor Chikin." See the video embedded below.)

I cannot profess to be an expert in these matters, but on the trademark infringement issue of public confusion, I just don't see a lot of dangerous consumer confusion between a fast food chicken restaurant that sells chicken sandwiches and a T-shirt maker that sells T-shirts about eating kale.

On the issue of trademark dilution, I think it is pretty hard to claim the distinctiveness of the phrase "Eat more (insert food item here)." In fact, I am certain that my children will recall me repeating that phrase, or something quite similar to it, many times over the years; "Eat more peas," or "Eat more liver" or "No desert until you eat more fish sticks," or something like that. If I reveal here that my physician recently advised me to "eat more fiber," should he expect a missive from Chick-fil-A?

Even a 30 second Google search turned up sites for, "Eat More Brook Trout," "Eat More Produce," "Eat More Chiles," "Eat More Cheese," "Eat More Fish," and "Eat More Cake." That last one might have run into some trouble with the British pop music group of the same name.

All in all, if I had my druthers, I'd rather eat more doughnuts. (I carefully avoided writing "donuts" so as to avoid any potential trademark issues.)

A Chick-fil-A sandwich:

image source: http://clclt.com/eatmycharlotte/archives/2011/05/02/chick-fil-a-loves-teachers

image source: http://adsoftheworld.com/media/print/chick_fil_a_eat_mor_chikin

Kale:

image source: http://thehungerstruck.com/2010/02/22/kale-soup/

image source: http://www.csmonitor.com/Business/Latest-News-Wires/2011/1128/Eat-more-kale-A-David-vs.-Golaith-fight-with-Chick-fil-A

Chick-fil-A commercial:

Press conference with Vermont's Governor and "Team Kale":

A Challenge For an Open Internet

2011-12-06T07:00:00.000-05:00

Keeping internet speech open and free is certainly a desirable goal. But how do we, as a society, deal with those who act irresponsibly and cause significant harm to others. School systems are struggling mightily with the issues of cyber bullying. Teachers and school administrators have been targets of fake Facebook listings. Thus far, legitimate websites such as Facebook have been cooperative in removing content that is obviously false and harmful, thereby attempting to reduce the magnitude of harm suffered by victims. But how should the system deal with website hosters who not only allow false and harmful postings, but actually encourage the practice?

Consider the case of Sarah Jones.

Sarah Jones is a high school English teacher. She also happens to be a Cincinati Bengals cheerleader. Postings at a website called TheDirty.com linked her to sexual affairs with Bengals players, alleged that she suffered from STDs and, most alarmingly, alleged that she had sex in her classroom at school. Needless to say, the statements, all false, caused Ms. Jones significant harm. What is most disturbing, however, is that the website editor unapologetically refused to remove the false postings when notified. Considering himself nothing more than a "librarian" for posts, the website editor celebrates his site as "reality internet." His disturbing position and attitude is on full display in this interview on the Anderson Cooper show. As a passive host for posts, the editor claims neither the legal repsonsibility for the content of posts nor the obligation to remove patently false material.

More than forty-five years ago the Supreme Court had to deal with a similar issue in Sullivan v. NY Times. The Times argued that an investigative press could be fostered only by immunity from libel cliams. Recognizing that such a rule would go too far in exposing harm to private reputation interests, the court struck a balance between the two interests. A public official (later extended to public figures) suing for libel had to prove actual malice. That is, in addition to proving the publication of a false statement holding one up to hate, ridicule or contempt, the plaintiff had the additional burden of proving that the publication was made knowing the statemnt to be false or with reckless disregard for its truth. from the standpoint of the newspaper or press outlet, there was a qualified privilege to publish the results of investigations even if they later proved to be false, as long as there was no intent to publish falsely and reasonable journalistic standards were followed.

But that ruling came in an era where the likelihood of great harm from a false statement was limited to statements that were published by the mass media press. Therefore, reasonable journalistic standards served to self-police the instances of great harm. The Sullivan court could not have envisioned a world where any person, public figure or private individual, could be made the target of a worldwide smear comapign by any imbecile, miscreant or person of fragile mental status with the ability to access a computer. Websites such as TheDirty.com unabashedly expose every person on the planet as a potential victim.

Rapid technological advancement presents particular challenges for a Common Law system that advances glacially, on a case by case basis. But the system is out of balance. The internet needs to remain open and free to truthful and valuable speech, but better mecahnisms are needed to discourage false and harmful speech by punishing both posters and unapologetic hosters. Hosters must be afforded a carefully considered qualified privilige that is equally sensitive to the protection of reputational interests.

Although Sarah Jones has secured an $11M judgment ($1M in compenatory damages and $10M in punitive damages) it was a default judgment rendered when the defendant failed to appear. And due to an "unfortunate typo," the original lawsuit was brought against "thedirt.com," rather than "thedirty.com." Therefore, there is still an opportunity to fashion an appropriate legal principle.

"Frivolous" Lawsuits Are Good For America

2011-12-05T07:00:00.000-05:00

The national news media reported last week on a lawsuit filed by a kidnapper against his victims claiming that they breached an oral contract to hide him from police. (A tip of the hat to ALSB member Marsha Hass for sharing the report). Predictably, bloggers and commentators have added this example to their rhetoric of a "justice system out of control" and "costing taxpayers money" and etc.

In this post, I advocate that this story, rather than supporting the notion of an out of control civil justice system, is best understood as an example of a legal system working exactly as it should for the greater benefit of society.

The civil justice system already bosasts a very effective gatekeeper system through the role of lawyers. Lawyers do not take and file frivolous lawsuits for two very good reasons. First, there are legal sanctions for doing so. Second, and more practically, lawyers working for contingent fees only file lawsuits that are likely to recover damages. Lawyers do not file suit for sport or enjoyment. So, every knowledgable reader of these recent news stories instinctively knew what was not reported in most of the edited AP service reports of the kidnapper's lawsuit - that this suit was filed by the kidnapper himself and that no lawyer represents him. The local paper printed a more complete story.

Dimmick (the kidnapper) personally — in longhand — wrote the document, which was filed Oct. 21 in Shawnee County District Court.

If one is inclined to bypass legal counsel and file suit anyway, there is another efficient and inexpensive mechanism for ejecting a frivolous lawsuit - a motion to dismiss upon which a judge will rule. In the kidnapper's case, the motion has been filed and a ruling is expected shortly. The lawsuit has been pending for a little over 30 days. A judge will review it carefully, determine that it is legally insufficient and dismiss it from further consideration by the legal system. Case closed.

Far from evidencing a legal system out of control, this kidnapper's lawsuit evidences a mature, competent, orderly, civilized and effective system of review of grievances and resolution of disputes. Should there be an additional gatekeeper system to review all lawsuits filed "pro se" prior to a judge's review at a motion to dismiss? Or, perhaps a pre-review of the pre-filing review preceeding the motion to dismiss review? Where would it end?

Readers from my generation will remember the old "People's Court" TV show with Judge Wapner and the commentator Doug Llewlyn who ended every episode with the encouragement that if you were wronged, "Don't take the law into your own hands: you take 'em to court." Indeed, isn't this culture of resolving disputes peacefully a critical cornerstone of a mature, functional democracy? If you could not bring your disputes, no matter how delusionally based, to a forum for a competent and fair resolution, what would be the alternatives?

In the Spring of 2010, during a span of a few weeks, China was rocked by several instances of senseless and gruesome killings of children. In one incident, several toddlers were beaten to death by a man weilding a hammer and who ultimately set himself on fire while holding two children. In another instance, 8 schoolchildren were shot to death. As the nation and the world understandably searched for the cause behind such horrific acts, the NY Times reported:

[A]verage citizens still wondered what in their society could generate such madness. Online, many of them focused on problems — the growing rich-poor gap or the helplessness of average people in the face of power — that are a backdrop to everyday life.

One theme echoed in some Internet postings was the feeling by many Chinese citizens that they had little power in the face of authority, and few ways to right wrongs.

I am greatly comforted by the thought that, a desperate and perhaps mentally ill person who feels wronged by American society, or American government or his or her neighbor, will file a frivolous lawsuit in the courthouse rather than climb into a clocktower with an assault rifle. Every time there is a report about another "frivolous" lawsuit, especially one that hints of a fragile mental state, I draw a deep sigh of relief for the tragedy avoided. If journalists would develop the same attitude, then perhaps journalistic ethics will mitigate against publicizing the filing of these fringe, certain-to-be-dismissed lawsuits the same way they mitigate against reporting about every troubled soul who walks the streets of American cities proclaiming that the world is about to end.

Below is a video report of the kidnapper's lawsuit. The reporter explains that the kidnapper is not represented by a lawyer only very near the end of the segment. Consistent with other news reports, it is apparently more important to report that the kidnapper ate Cheetos and watched "Patch Adams" while holding the victims hostage.

Law Music Video - Folsom Prison Blues

2011-12-03T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is Folsom Prison Blues by Johnny Cash. This is both a Rock'n' Roll AND a Country classic.
Law music videos played before your class starts will positively contribute to learning.

Are Courts Insulated From Politics?

2011-12-02T07:00:00.000-05:00

Students learn in high school Civics classes that the courts are insulated from the affects of politics. This issue has already been mentioned in this blog. But as states all over the country deal with serious budget issues, all aspects of state government, including courts, have been affected. Reporting on Budget cuts in the New Hampshire court system, the New York Times reports:

While most state agencies are feeling a squeeze, legislatures squeeze courts at the risk of violating the access to the courts guaranteed in criminal and civil matters by the Constitution, said Steven Zack, a former president of the American Bar Association.

The video embedded below reports on similar issues in Iowa.

Part of being college educated is being able to see through the mask of "Civics class" platitudes and maxims and to see the Legal Environment with all its warts and imperfections.

Law Lessong - Administrative Runaround

2011-12-01T07:00:00.001-05:00

The next installment in the “Law Lessong” series is Administrative Runaround. This simple video and song from a Power Point presentation helps students consider aspects of Administrative Law, including rulemaking, enforcement and adjudication. Please excuse the "Dylan-esque" harmonica playing.
Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.

Mandated Reporting

2011-11-30T07:00:00.002-05:00

In my experience with college students the legal requirements of mandated reporting of suspicion of child abuse and neglect is mostly unknown. One positive outcome from the recent events at Penn State is to bring public recognition to both the legal requirements and the moral obligations of all persons to protect children from abuse. Many legislatures are reviewing the mandated reporting statutes to determine their efficacy in light of these recent revelations.

The video below is a good basic introduction to the issue of mandated reporting.

Featured Website: LawInfo.com YouTube Channel

2011-11-29T07:00:00.000-05:00

The Law Info You Tube channel has a plethora of short (around 1:00) videos that are great for introducing legal topics or defining terms. I find that students can zone out on my voice. Sure, I can define a promissory note or briefly introduce the concept of employment discrimination, but having another face/voice do it gives an opportunity to have students close laptops to look up at a video and lends credibility to what I have to say (since the video lawyer agrees). Below are some examples:

Click on the image below to see a video on Promissory Notes:

Click on the image below to see a video on Commercial Speech:

Contemplating The True Nature of Law

2011-11-28T07:00:00.000-05:00

Is "Law" a set of universally recognized truths about right and wrong? Or, is "Law" nothing more than the policy decision of law-makers designing to shape society in particular ways or to satisfy an electroal impulse? Or, is it a combination of both?

This video from newt Gingrich speaking at Harvard may be a good discussion starter.

Songs of the Supreme Court

2011-11-21T07:00:00.000-05:00

This is Thanksgiving Week and there are no classes at UConn. I thought it would be a good week to make a fun post and leave it up until classes resume next week.

This post is made up of songs realted to U.S. Supreme Court cases. I found songs on a few cases, but I am sure that there are more out there that readers will be able to share. Please us the comment section at the end of the post to add your favorites and suggestions.

1. Brown v. Board of Education
The song Black and White written by David Arkin (Alan Arkin's father) and Earl Robinson.was inspired by the Brown case. The most famous recording of the song was by Three Dog Night in the 1970's. However, that version inexplicably removed all the poignant refernces to the court. The version below is from Pete Seeger.

2. Loving v. Virginia
Singer/songwriter Nanci Griffith wrote and recorded this song to commemorate the 50th anniversary of this landmark decision.

3. United States v. US District Court
The song John Sinclair was written by John Lennon prior to this Supreme Court decision. Sinclair was one of the defendants whose case made up the subject of the Supreme Court case. Lennon famously performed the song at the "John Sinclair Freedom Rally" in Ann Arbor, MI in 1971.

4. Snyder v. Phelps (Westboro Baptist Church)
There are a large number of songs available on-line in response to the Westboro Baptist Church protests that were upheld by this decision. Many of them cannot be shared in polite company. I chose the one embedded below because I thought it best exemplified Justice Holmes' "marketplace of ideas" (although the phrase was coined by Justice Brennan).

If you have a song related to a Supreme Court case that you would like to share, please feel free to send it to me for a future post at mark.deangelis@uconn.edu. I look forward you to your comments and suggestions.

Law Music Video - Renegade

2011-11-19T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is Renegade by Styx. I recommend maximum volume - especially just before your 8:00 AM class starts. No "drowsyheads" after this.

Law music videos played before your class starts will positively contribute to learning.

Immigration Law is Baffling

2011-11-18T07:00:00.000-05:00

Today's post is not really a classroom resource. Rather it is an invitation to begin a conversation that can lead to learning.

As the son of an immigrant, I am embarrassed to admit that I know very little about immigration law and procedure. I only glean what I can from anectdotes reported by the press - and I rarely trust the press to accurately report a complex issue. Whenever an issue comes up in class regarding illegal immigration, I often get angry responses from students who feel that immigrants can readily choose between immigrating legally or illegally and, therefore, choosing to immigrate illegally should be punished. Not being particularly familiar with the process from a professional (legal) standpoint, I was under the belief that the legal immigration process could not be navigated unless one had significant education or funds to hire expensive lawyers, or both. Once again, I don't know if this is true or not - but that was the impression I had from reading news articles like this one. I am under the impression that illegal immigration is the only realistic option for anyone who is not a "person of means." Am I right or wrong? Hopefully, someone with knowledge or expertise in this area can post a clarifying comment.

This following video seems to support the assumption that legal immigration is not a realistic option for many people.

This video is more encouraging, but still - lawyer's fees are involved.

Law Lessong - The Takings Clause

2011-11-17T07:00:00.000-05:00

The next installment in the “Law Lessong” series is The Takings Clause. The lyrics for this song were written by Alex Bansak, a student in my Legal and Ethical Environment of Business class at the University of Connecticut. Students may submit law songs for credit. In order to fashion a rhyming scheme that matches a melody, a student must carefully examine and distill legal principles and the language that expresses the legal principles. This video features Alex's performance of the song as he submitted it for credit and use in the class. The song helps students consider the legal and practical parameters of the Eminent Domain power.

Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.

Facebook Photos = Imminent Incarceration

2011-11-16T07:00:00.000-05:00

This blog has previously featured the use of facebook photos to support employee termination. Now, the granddaughter of a Saudi millionaire faces more severe consequences for her ill-advised facebook postings.

The Connecticut Supreme Court recently heard the appeal of Alia Altajir. According to the Hartford Advocate, a 19-year-old Altajir drove drunk and killed her best friend in 2004. Her plea bargain resulted in a sentence of five years suspended after one year served and 5 years probation. She later violated her probation. Prosecutors used her facebook photos as evidence, referring to them as an "altar of alcohol, lewdness and debauchery." Noting a lack of remorse, the Superior Court judge sentenced Altajir to three years in jail. On appeal, defense counsel argued that the photos were undated and, therefore, should not have been admissible. Read the full article here. Read the Appellate Court decision here.

A tip of the hat to Mark Spurling, my UConn colleague, for sharing this article.

Source of image: http://www.ct.com/news/advocates/latest-news/nm-ht44ncfacebook-20111025,0,3113626.story

Alia Altajir

Be Empowered! - by UCC Article 2

2011-11-15T07:00:00.000-05:00

Here is an introduction to article 2 that is likely to get student attention.

Singing the C.I.S.G.

2011-11-14T07:00:00.000-05:00

University of Pittsburgh Law School Professor Harry Flechtner has composed and recorded a song extolling the virtues of the United Nations Convention on Contracts for the International Sale of Goods (C.I.S.G.). If this is your area, be prepared to be simultaneously entertained and educated. I don't know a lot about the CISG, but I am a big believer in the use of music as a pedagogical device. Thank you, Professor Flechtner, for sharing this great educational resource by posting it on the web. A tip of the hat to ALSB member George Siedel for bringing it to my attention.

Click on the link below to access the site with an audio file of the C.I.S.G. Song:
(image source: http://commissions.uianet.org/en/business-law-department/root-48/presentation/)

Law Music Video - Criminal Lawyer

2011-11-12T07:00:00.000-05:00

This week's installment in the "Law Music Videos" series is Criminal Lawyer by Bugle. Honestly, I can't understand a single word this guy is singing, other than "criminal lawyer." But it's got a nice beat and it's easy to dance to. . . . Law music videos played before your class starts will positively contribute to learning.

Contingent Fee: 25%

2011-11-11T07:00:00.000-05:00

Here is a law firm advertising a reduced contingent fee. What a minute - on uncontested claims? First of all, is there such a thing? And when one comes along, what's the lawyer's job - to deposit the check? Students may be interested in discussing the ethics of this kind of advertising.

Law Lessong - Ethics and Laws in Our Lives

2011-11-10T07:00:00.000-05:00

The next installment in the “Law Lessong” series is Ethics and Law in Our Lives. The lyrics for this song were written by Sean Donlon, a student in my Legal and Ethical Environment of Business class at the University of Connecticut. Students may submit law songs for credit. In order to fashion a rhyming scheme that matches a melody, a student must carefully examine and distill legal principles and the language that expresses the legal principles. This simple video and song from a Power Point presentation helps students consider the relationship of law and ethics.

Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.

Featured Website: Exploring Constitutional Law

2011-11-09T07:00:00.000-05:00

The website, Exploring Constitutional Law is maintained by Doug Linder at University of Missouri- Kansas City School of Law. Prof. Linder has compiled material on a wide range of topics. In each instance, he has gathered case summaries and background information to assist the learning process. Click on the images below to sample some of the topics explored. But also take the time to explore this website for you own classroom needs.

Thanks to Prof. Lender for sharing this fine classroom resource by posting it on the web.

Click on the image below of Estelle Griswold, plaintiff in the landmark case of Griswold v. Connecticut to explore the website section on the right of privacy. (source of image: http://www.abajournal.com/magazine/article/june_7_1965_griswold_v._connecticut_decided/)

Click on the image below of Susette Kelo, plaintiff in the landmark case of Kelo v. New London to explore the website section on the takings clause. (source of image: http://www.boston.com/ae/books/articles/2009/02/01/stealing_home/)

Click on the image below of Thomas Edison High School in San Antonio, Texas, the locus of the events leading to the landmark case of U.S. v Lopez to explore the website section on the Federal Power to Regulate Commerce. (source of image: http://saisd.net/schools/edison003/)

Do Your Student Use Laptop Computers in Class?

2011-11-08T07:00:00.000-05:00

If your students use laptops computers in class, then the video below is probably an accurate representation of what your lectures sound like to your students.

Over the Rainbow - Statutory Interpretation

2011-11-07T07:00:00.001-05:00

An earlier post suggested making analogy to popular music (First Cut is the Deepest) to illustrate the process and results of statutory interpretation. Ken Schneyer has made the excellent suggestion to use the song Over the Rainbow as a better example. Over the Rainbow was composed Harold Arlen with lyrics by E.Y Yarburg for the movie, The Wizard of Oz. Although composed by Arlen and Yarburg, they were not the song’s performers. Like a legislature which must leave interpretation of its statutes up to the courts, the composers left interpretation of their creation to others. Judy Garland, of course, performed the song in the movie. In compiling the videos below, I was struck by the noticeable differences between her movie performance from1939 and a subsequent recording in 1955. Garland’s voice and presence are more mature and confident in the later recording. It is the same song, same melody, lyrics and tempo – it is even the same performer, but the interpretation is still different. Analogy can be made to a single court’s interpretation of a statute over time. Eva Cassidy’s 1992 performance “modernizes” the song adding modern pop and jazz elements to the performance. Katherine McPhee’s American Idol performance is interesting because she returns to the text of the original composition to perform the rarely heard opening lines of the composition which were cut from the movie performance and nearly lost to the public mind – all despite the fact that other verses of the song had to be left out to accommodate the limited TV time slot for the performance. She had to make choices about what was important to be included in the performance. Iz Kamakawiwo’ole’s delightful interpretation has been very popular even though his fidelity to the song’s lyrics is somewhat unpredictable. However, I found it interesting that in the Glee performance, the directors chose his interpretation as the “precedent” to follow for the arrangement of the performance, but maintaining truer fidelity to the original lyrics. It is an interpretation that both returns to the text and incorporates innovative precedential interpretation.

So is it also with the law.

Other posts incorporating music analogies: Judicial Interpretation Illustrated, This Land is Your Land: Judicial Interpretation Illustrated #2, My Favorite Things: Judicial Interpretation Illustrated #3, Statutory Interpretation Illustrated.

Law Music Video - Not Guilty

2011-11-05T07:00:00.000-04:00

This week's installment in the "Law Music Videos" series is Not Guillty by The Beatles. Law music videos played before your class starts will positively contribute to learning.

"Do You Like to Insult People?"

2011-11-04T07:00:00.000-04:00

If so, Australian lawyer Paul Brennan has some good advice. As a result, I use the video to introduce the "publication" requirement for a defamation claim.

Law Lessong - Vicarious Liability

2011-11-03T07:00:00.000-04:00

The next installment in the “Law Lessong” series is Vicarious Liability Song. This simple video and song from a Power Point presentation helps students consider the issues of vicarious liability -- specifically, the potential for an employer being civilly and criminally liable for the torts and crimes of their employees.

Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.

"We Both Reached For The Gun"

2011-11-02T07:00:00.000-04:00

From the movie Chicago, attorney Billy Flynn orchestrates his client's story and manipulates the press to skew the legal system. How much is our legal system reactive to the result of impressions rather than evidence? This clip can be a good catalyst for that class discussion.

Guest Blogger- Paula O'Callaghan: Colbert Showcases "Hot Coffee"

2011-11-01T07:00:00.001-04:00

Paula O'Callaghan from University of Maryland University College submits the following resource for use in class.

Here's a possible classroom resource - it's Susan Saladoff from the Colbert Report on the Liebeck case and tort reform.

Saladoff is very good as you'd expect, but my favorite part is Colbert's point that if we believe in "jury of our peers" then why isn't McDonald's, being a corporate person, entitled to a jury composed of Burger King, Jack--in-the-Box, and it's corporate peers?!

That's a good one, isn't it? Incidentally, this was sent to me by a student after I had covered the Liebeck case in class. Hope you find it useful.

Editor's note. The documentary, "Hot Coffee" is available on DVD beginning today, Nov. 1, 2011.

To access the video clip, click on the image below:

Business Ethics: "Dead Peasant" Insurance Policies

2011-10-31T07:00:00.000-04:00

"Dead Peasant" insuarnce policies are "common." Are they ethical? students may be interested in considering the ramifications of companies cashing in on the death of rank and file employees. Something seems amiss when a company recognizes that being a convenience store clerk working at night is such a dangerous job that it is financially justified in buying a life policy on its emplyees - but feels no obligation to purchase a policy for the employee's own benefit or even to offer the employee the opportunity to purchase one for herself.

Law Music Video - Not Guilty Blues

2011-10-29T07:00:00.000-04:00

This week's installment in the "Law Music Videos" series is Not Guilty Blues by Brownie McGhee. There's nothing like a wrongful prosecution to cause one to sing the blues. Law music videos played before your class starts will positively contribute to learning.

Introduction to Torts . . . or is it "Sorts?"

2011-10-28T09:00:00.000-04:00

Professor Robert Emerson at the University of Florida maintains a YouTube channel with a host of delightful videos, many featuring his unique talents for student engagement. I use the video below to introduce the Torts unit in my Legal Environment class. If you visit Professor Emerson's channel, you are certain to find a video resource that will enhance your class presentations. Thank you, Prof. Emerson, for sharing these valuable resources with your colleagues by making them available on the web.

Law Lessong - You Owed a Duty to Me

2011-10-27T07:00:00.000-04:00

The next installment in the “Law Lessong” series is You Owed a Duty to Me. The lyrics for this song were written by Asley Dorman, a student in my Legal and Ethical Environment of Business class at the Univeristy of Connecticut. Students may submit law songs for credit. In order to fashion a rhyming scheme that matches a melody, a student must carefully examine and distill legal principles and the language that expresses the legal principles. This simple video and song from a Power Point presentation helps students consider the element of "duty" in a negligence claim as a basis for civil liability.

Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.

"It's Not What You Know, It's What You Can Prove in Court"

2011-10-26T07:00:00.000-04:00

Students seem to be quite familiar with the movie Law Abiding Citizen and from time to time send me clips to illustrate a point. I have not seen the movie, but from some of the scenes that I have viewed there seems to be a lot of action and swearing. The courtroom scenes that I have viewed exhibit that liberties have been taken in portrayals of the legal system. Yet, the short clip embedded below rang true for me. If it speaks to students, all the better.

Featured Website: The Georgia Civil Justice Foundation

2011-10-25T07:00:00.000-04:00

The Georgia Civil Justice Foundation maintains a website with a wealth of materials to assist in educating students about the law. I have made regular use of their videos and animations, accessed by scrolling over the book titles on the bookshelf exhibited at the webpage. Some of the videos are available at a YouTube channel, if that gives you more flexibility in using these resources.

Ponzi Scheme Lawyer: What Does This Story Say About the Profession?

2011-10-24T07:00:00.000-04:00

Upon viewing the 60 Minutes report on NY lawyer Marc Dreier's ponzi scheme a cold chill ran up my spine. The video was brought to my attention by Mark Spurling, a colleague at the University of Connecticut. Mark uses the video for a discussion of Business Ethics in his Legal Environment class. I hope to use the video in the class that I teach for freshman honors students entitled, Law and Lawyers in Song and Story. In that class we examine popular cultural representations of the legal profession and the legal system and compare them to reality. A recurring exercise in that class is to analyze various movie character lawyers as either "good lawyers" or "bad lawyers" in an effort to distill out the characteristics of each designation.

While viewing this video, I couldn't help but think that the qualities that made Dreier a "good" lawyer may also have served him well in his criminal enterprise. What does that revelation say about the legal profession?

Click on the image below to be linked to the video:

Law Music Video - I Might Have Been a Lawyer But I Couldn't Pass the Bar

2011-10-22T07:00:00.000-04:00

This week's installment in the "Law Music Videos" series is I Might Have Been a Lawyer But I Couldn't Pass the Bar by Bill Kirchen. Bill was the lead guitarist for Commander Cody and the Lost Planet Airmen, if anyone can remember that far back. Law music videos played before your class starts will positively contribute to learning.

The Story of Citizens United

2011-10-21T07:00:00.000-04:00

The video below was shared on the ALSB listserve some time ago. Unfortunately, I don't remember who shared it so I can't acknowledge the credit that is well deserved . Since this blog has a potential reach beyond the ALSB membership and the video is now available on YouTube, I am embedding it below.

I think that there are a number of ways to use this video in class. I use it in an ethics lecture, emphasizing the video's description of the history of the corporation and leading into a discussion about different ethical standards and considerations for human persons and corporations (fictional persons).

To aid in discussing the Citizens United v. FEC case, I have also added below a trailer for the movie Hillary and an ad for the prospective DVD release of the movie that prompted Citizens United to seek judicial determination of its rights.

Featured Case: Pennsylvania v. Noel: Is a Horse a "Vehicle?"

2011-10-20T07:00:00.001-04:00

Here are the facts from the majority opinion of the Pennsylvania Supreme Court in Commonwealth of Pennsylvania v. Noel:

On April 7, 2002, the Pennsylvania State Police stopped Appellees Richard Carroll Noel and Keith Douglas Travis while they were riding horses on a public highway in Springfield Township, Mercer County because they appeared to be intoxicated. Appellees were subsequently charged with Driving While Under the Influence of Alcohol ("DUI").

The relevant part of the Pennsylvania Motor Vehicle Code states as follows:

Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this part, except those provisions of this part which by their very nature can have no application or where specifically provided otherwise.

The defense argued that "by their very nature" the DUI provisions did not apply to horseback riders. The trial court stated that it could not clearly determine what provisions "by their very nature" did not apply to horseback riders and, therefore, the statute is unconstitutionally vague in violation of the due process clause.

I like this case for class for two reasons. First, it is a "two-fer." The case is a natural to illustrate two legal principles. I use it to explain the requirement under substantive due process that a criminal statute must give unambiguous "fair warning" of the conduct that has been criminalized. I also use it to explain the need for statutory interpretation by courts. As is often the case, a statute which seems reasonably clearly written when read in a vaccuum, becomes noticeably ambiguous when applied to a challenging set of facts. Therefore, the court's interpretation is necessary.

Second, there is an witty dissent in the case written by Mr. Justice Eakin. After opening his opinion by quoting the theme song to Mr. Ed, a 1960's sitcom about a talking horse, Justice Eakin summarizes his rationale by composing it to the Mr. Ed theme. (Here is another link to the dissent.)

Here is a short clip to illustrate to your students the premise of the show, Mr. Ed:

Here is the Mr. Ed theme song:

And here is the excerpt from Mr. Justice Eakin's dissent set to music:

Featured Case: Wood v. Lucy, Lady Duff Gordon

2011-10-19T07:00:00.000-04:00

In this contract law classic, Justice Benjamin Cardozo of the NY Court of Appeals establishes the doctrine of an implied obligation of good faith. Here is the hornbook brief summary of the case: Lady Duff Gordon is a fashion designer. Otis Wood is a NY advertising man. They enter into a written contract whereby Gordon grants Wood exclusive rights to market and sell her goods and Wood agrees to account to Gordon for 1/2 of the proceeds. Eventually, Gordon begins to endorse products marketed by others and Wood files suit for breach of contract. Gordon claims that Wood's promise is illusory -as he has not bound himself to actually try to sell her fashions, but merely to account for profits, if any. Cardozo determines that serious business peole would not have taken the time to negotiate such an agreement if they had not intended some perfomance. He finds expressions of implied intent to perfom on Wood's behalf: His promise to pay the defendant one-half of the profits and revenues resulting from the exclusive agency and to render accounts monthly, was a promise to use reasonable efforts to bring profits and revenues into existence.

So, the case is interesting and illustrative for class. But, this is just the beginning. If you like to personalize cases - to help students understand that these cases involve real people making real decisions, the resources available to you are plentiful. Start with an article by Columbia Law Professor Katherine Franke. Franke looks at the historical evidence to conclude that, ironically, the shrewd Wood had probably carefully crafted the Gordon contract so as to refrain from binding himself to performance - precisely the course of conduct that Cardozo concluded was unlikely. However, for me, her historical information on the principal players in the litigation is even more valuable than her insightful legal analysis.

Through her paper we learn that Otis Wood was one of somewhere between 14-17 children of colorful NY Mayor Fernando Wood. Father Fernando was famous for, among other things, having supported the Confederate cause during the Civil War. A loyal Tammany Hall Democrat, Fernando later served in Congress from NY. Other exploits of the colorful Wood family are documented online. Read here about Otis's involvement in the estate of his aunt Ida Mayfield Wood.

For her part, Lucy Lady Duff Gordon had already lived through at least one major disaster prior to the Wood business debacle. Lucy and her husband, Sir Cosmo Duff Gordon, survived the sinking of the Titanic, but not without controversy. Her story is dramatized in the video below. There is a wealth of images of Lady Duff Gordon available on the web - here at the Encyclopedia Titanica, and here. I was unable to find any images of Otis F. Wood. But here you will find an image of a drawing book most certainly produced by Wood's lithography company in NY.

In 2008, the Pace Law Review published reults of a symposium on this interetsing case. Other usefulf articles may be found here and here and here.

Image of Lucy, Lady Duff Gordon from: http://www.ladyduffgordon.com/

Image from: http://dawndefined.blogspot.com/2009/04/milwaukee-museum.html

Imageof Lady Duff Gordon (third from left) and Sir Cosmo (standing directly behind her) from: http://articles.sfgate.com/2010-10-08/news/24117249_1_titanic-memorabilia-andrew-aldridge-sir-cosmo

My Favorite Things: Judicial Interpretation Illustrated #3

2011-10-18T07:00:00.000-04:00

In an enlightening essay, Professor Desmond Manderson suggests that the process of statutory interpretation by courts may be illustrated by considering the song My Favorite Things as composed by Rodgers and Hammerstein compared to the performance by John Coltrane. I have added some additional examples below.

See also earlier posts: Judicial Interpretation Illustrated, Judicial Interpretation Illustrated #2, and Statutory Interpretation

Unconscionability as Introduced by Professor Sam

2011-10-17T07:00:00.000-04:00

The video below is merely one of many made available by former ALSB Master Teacher Award Winner Professor Samuel Hodge at Temple University. Professor Hodge maintains a YouTube channel hosting a number of usefully entertaining videos. He also maintians an interactive website providing additional resources. Thank you, Prof. Hodge, for making these delightful teaching resources available to all your colleagues by uploading them to the web.

Law Music Video - Condemned Without Trial

2011-10-15T07:00:00.000-04:00

This week's installment in the "Law Music Videos" series is Condemned Without Trial by Eddie Arnold. Ok, its a little campy, but variety is supposed to be the spice of life - and it's less than 3 minutes long. Law music videos played before your class starts will positively contribute to learning.

Rulemaking Matters! Let Your Voice be Heard

2011-10-14T07:00:00.000-04:00

In 2010, the EPA conducted a contest seeking video submissions on the topic "Rulemaking Matters." The video was required to include the spoken or written phrase "Let your voice be heard." many of the submissions can be easily found on YouTube by searching either of the quoted catchphrases above.

This one is my favorite.

This one was the winner.

Here is another useful one.

Workplace Safety: "Where, Oh Where Did My Hearing Go?"

2011-10-13T09:30:00.000-04:00

Here is some plain talk (and singing) from a plain talking guy about the importance of following workplace saftey regulations.

Law Lessong - The Offer's Real

2011-10-12T07:00:00.002-04:00

The next installment in the “Law Lessong” series is The Offer’s Real. This simple video and song from a Power Point presentation helps students consider the elements that are needed to distinguish a contract offer from mere negotiation or inquiry. Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.

Negotiation Works Only When Both Parties Are Interested in Negotiating

2011-10-11T07:00:00.000-04:00

. . . as illustrated in this clip from the movie, Intolerable Cruelty.

Another option:

ESPN Punts And Hank Williams, Jr. Fumbles

2011-10-10T07:00:00.002-04:00

After publicly comparing President Obama to Hitler, Hank Williams, Jr. was dropped by ESPN as the introductory performer to the popular Monday Night Football broadcasts. In response, Williams made this comment:

After reading hundreds of e-mails, I have made my decision. By pulling my opening Oct. 3, you (ESPN) stepped on the toes of the First Amendment freedom of speech, so therefore me, my song and all my rowdy friends are out of here. It’s been a great run.

Like many of my students, Mr. Williams has no idea that the First Amendment applies only to government censorship of speech. People, which includes major corporations according to the Supreme Court, are free to object to one's speech, by speaking (or acting) as they see fit. That is the theory of the free marketplace of ideas. Speech which has little value will be valued little. I am free to express my opinion in response to yours. And ESPN is free to express its opinion of Mr. Williams' speech by disassociating itself from him.

In the event that anyone was listening, Sarah Palin was quoted as saying that it is "disgusting" that people are criticized for the things that they say. There's another public figure who needs a primer on free speech.

Below are some powerpoint slides of an exercise that I have used in class to illustrate these points. But first, are you ready for some footbaaaawl?

Free Speech Exercise

Law Music Video - Remain Silent

2011-10-08T07:00:00.000-04:00

This week's installment in the "Law Music Videos" series is Remain Silent by Keb Mo. The pictures in the video are beautiful, but don't have anything to do with the song. However, this is the best audio version of the song available. Law music videos played before your class starts will positively contribute to learning.

Guest Blogger: Donna Steslow - Causation Explained by a Rube Goldberg Music Video

2011-10-07T07:00:00.000-04:00

Donna Steslow at Kutztown University submitted the following:

I am always trying to explain the concept of a Rube Goldberg type machine when discussing the Palsgraf case and proximate cause, but students have no idea what that is. I think this music video is great; it could illustrate the difference between causation in fact, proximate cause and foreseeability. Is the last step (getting doused with paint) foreseeable?

Van Morrison Completes His Contractual Obligation

2011-10-06T07:00:00.000-04:00

I don't know how much of this story is legend but clearly the core of it is verifiable. In late 1967, singer/songwriter Van Morrison was interested in leaving Bang Records, the label to which he was contractually obligated, in favor of Warner Brothers records. However, Morrison still owed Bang thirty-one solo recordings to meet his contractual obligation. So, Morrison went into the studio with his guitar and in a single session pumped out 31 solo recordings, consisting of Morrison strumming various riffs on his guitar and singing or speaking whatever was on his mind. Titles of the songs (below), which were never released by Bang, are revealing. Bang expected some bang for their buck. Instead, they got . . . "Ringworm."
1. Twist and Shake (1:11)
2. Shake and Roll (0:53)
3. Stomp and Scream (1:05)
4. Scream and Holler (1:13)
5. Jump and Thump (1:04)
6. Drivin' Wheel (1:09)
7. Just Ball (0:57)
8. Shake It Mable (1:09)
9. Hold On George (1:26)
10. The Big Royalty Check (1:32)
11. Ring Worm (1:28)
12. Savoy Hollywood (0:56)
13. Freaky If You Got This Far (1:01)
14. Up Your Mind (1:08)
15. Thirty Two (0:54)
16 All The Bits (0:53)
17. You Say France And I Whistle (0:50)
18 Blow In Your Nose (1:21)
19. Nose In Your Blow (0:59)
20. La Mambo (0:48)
21. Go For Yourself (1:16)
22. Want A Danish (1:02)
23. Here Comes Dumb George (0:51)
24. Chickee Coo (1:07)
25. Do It (0:58)
26. Hang On Groovy (0:53)
27. Goodbye George (1:14)
28. Dum Dum George (1:23)
29. Walk and Talk (1:03)
30. The Wobble (1:00)
31. Wobble and Ball (1:04)

Eyewitness Testimony Examined

2011-10-05T07:00:00.000-04:00

This term, the US Supreme Court will be re-examining the rules regarding the admission of eyewitness testimony. Scientific studies have increasingly called the inherent reliability of eyewitnesses into question. The NJ Courts have already taken action in this regard.

Here are links to some prior posts that also address this issue. Eyewitness Reliability #1. Eyewitness Reliability #2.

Click on the image below to see a scene from My Cousin Vinny where Atty. Vincent LaGuardia Gambino exposes the mistaken recollections of an eyewitness.

An Astute Jury

2011-10-04T09:28:00.000-04:00

A story about an observant jury:

Guest Blogger: Henry Lowenstein - Gibbons v Ogden: Steamships, Slaves and Supremacy

2011-10-03T07:00:00.001-04:00

Henry Lowenstein from Coastal Carolina University shares the following:

Every term I assign 4 cases for my Legal Environment of Business class for students to read the majority opinion and write a 2 page mini-brief summary. The first one is usually a Commerce Clause case since we start the course on foundations of the law. This year I decided to use the old war horse, Gibbons v. Ogden.

In perusing the internet I found this wonderful YouTube video which is a 35 minute dramatization of the case done by the Judicial Conference of the United States in 1977. (The late actor E.G. Marshall introduces it). It can be a little dry at times but I sent it to my students.

The students who took the time to watch it say they were fascinated, particularly my African-American students who had no idea of the critical linkage between the Marshall Court making this decision and the post hysteria and unconstitutional law enactments here in South Carolina following the Denmark Vesey Slave Conspiracy at that time. Below is what I sent my students:

Dear Students:

I have heard from some of you working your way through the Supreme Court decision in the case of Gibbons v. Ogden, your first case assignment coming up shortly.

For those of you interested I draw your attention to an outstanding 35 minutes dramatization of this case on YouTube at the following site: http://www.youtube.com/watch?v=QGTkRP4v8tM

This program, commissioned by the Judicial Conference of the United States in 1977, covers the issues and deliberations Chief Justice John Marshall and the then 7 member justices faced and how they ultimately crafted the unanimous decision you are reading. Note as you watch it, the similarity between the issues and concerns then with what you hear in today's public debate on the role of the Federal government and its regulation of commerce.

What you may find more fascinating, is that the Court took this case as a legal linkage in dealing with events of the time happening in Charleston, South Carolina; the Denmark Vesey Slave Revolt Conspiracy of 1822 and its aftermath. That event led to a cruel and inflexible state law governing seamen passed by South Carolina which many felt impeded commerce. One of the Justices, sitting as presiding Federal Judge over the region declared the South Carolina law unconstitutional. This helped push Chief Justice Marshall and the full Supreme Court to strongly affirm Federal supremacy over interstate commerce in Gibbons v. Ogden to deal with both situations.

I hope you will find this helpful, interesting and the acting superb.

Henry Lowenstein, PhD
Professor of Management and Law

Law Music Video - Call The Police

2011-10-01T07:00:00.000-04:00

This week's installment in the "Law Music Videos" series is Call The Police by Nat King Cole. This is a Classic! Law music videos played before your class starts will positively contribute to learning.