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.
Thursday, March 1, 2012
Wednesday, February 29, 2012
Lessons on Law, Ethics and Life
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'"
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'"
Tuesday, February 28, 2012
Do I Really Need That Prescription Drug?
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?
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?
Monday, February 27, 2012
A Public Policy-Making Fairytale? Egg-xactly!
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.
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.
Saturday, February 25, 2012
Law Music Video: Will Your Lawyer Talk to God for You?
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.
Friday, February 24, 2012
The Day They Took the Laptops
I wish I could ban laptops. But since business students are required to have laptops, I cannot rely on support from the school administration.
Thursday, February 23, 2012
Legal Jargon
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.
Subscribe to:
Posts (Atom)