Tuesday, November 8, 2011

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.

Monday, November 7, 2011

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.












Saturday, November 5, 2011

Friday, November 4, 2011

"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.


Thursday, November 3, 2011

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.

Wednesday, November 2, 2011

"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.

Tuesday, November 1, 2011

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: