Mandated Reporting

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

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

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

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 references 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

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

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

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

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

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

Singing the C.I.S.G.

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

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%

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

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

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?

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

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 by 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. Judges “perform” the legislature’s composition by giving it voice. Legislatures know that when they compose a statute, the interpretation of performance is out of their hands and in the hands of the courts.

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

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?"

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

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"

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"

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: