POS 282--Introduction to American Law
In class today, Thursday 12/11, we finished going over chapter 6 of the text, and got through page 280 in chapter 7. I also discussed one Maine Supreme Court case regarding remedies for wrongful birth, Thibeault v. Larson. On Tuesday 12/16 our exam will be from 12:15 until 1:30, open-book and open-note, covering from chapter 3 up to p. 280.
CMJ 375--Mass Media Law
In class today, Thursday 12/11, we went over the text and related cases through p. 346 of the text (trademark). I also discussed three U.S. Court of Appeals cases, Nunez v. Caribbean News (copyright), Hustler v. Moral Majority (copyright) and L.L.Bean v. Drake (trademark).I also distributed a handout of excerpts from the Maine trademark statute. On Tuesday 12/16 our exam will be from 2:45 until 4:00, open-book and open-note, covering from p. 266 of the text up to p. 346, and related cases from the casebook. Remember that the exam will not be in our Bennett Hall classroom, but instead will be in Room 120 Little Hall.
Thursday, December 11, 2008
Tuesday, December 9, 2008
December 9, 2008
POS 282--Introduction to American Law
In class today, Tuesday 12/9, we went over the previously distributed Maine Tort Claims Act, and then the Boone case on p. 257. I also discussed two Maine cases,
Ms. K. v. City of South Portland and Henriksen v. Cameron. The assignment for Thursday 12/11 is to read through the Wilen case, that starts on p. 278 of the text.
CMJ 375--Mass Media Law
In class today Tuesday 12/9, we continued going over the concepts of copyright law. We discussed three casebook cases, the CCNV case regarding work for hire, and the Harper and Row case regarding fair use, and the Eldred case regarding duration of copyright. The assignment for Thursday 12/11 is to read through p. 346 of the text, and to read in the casebook the Grokster case (p. 196) and the Time Magazine case (p. 202).
In class today, Tuesday 12/9, we went over the previously distributed Maine Tort Claims Act, and then the Boone case on p. 257. I also discussed two Maine cases,
Ms. K. v. City of South Portland and Henriksen v. Cameron. The assignment for Thursday 12/11 is to read through the Wilen case, that starts on p. 278 of the text.
CMJ 375--Mass Media Law
In class today Tuesday 12/9, we continued going over the concepts of copyright law. We discussed three casebook cases, the CCNV case regarding work for hire, and the Harper and Row case regarding fair use, and the Eldred case regarding duration of copyright. The assignment for Thursday 12/11 is to read through p. 346 of the text, and to read in the casebook the Grokster case (p. 196) and the Time Magazine case (p. 202).
Thursday, December 4, 2008
December 4, 2008
POS 282--Introduction to American Law
In class today, Thursday 12/4, we began by doing class evaluations. I distributed 2 handouts--excerpts from the Maine Tort Claims Act, and my analysis of a logical problem in the Jewelers Mutual Insurance case from p. 261 of the text. I went over 2 Maine cases, one statute of limitations case (Kasu v. Blake) and one res judicata case (St. John v. Jordan). We discussed through the Solomon case in the text, and will pick up on Tuesday with the Boone case on p. 257. The assignment for Tuesday 12/9 is to review what's already been assigned (the remainder of Chapter 6 of the text), to read the handouts, and to read in the text and prepare to discuss through p. 276.
CMJ 375--Mass Media Law
The exam scheduled for Tuesday 12/16 at 2:45 has been moved to 120 Little Hall, (instead of our Bennett Hall classroom). In class today, Thursday 12/4, I went over 2Maine cases regarding the possibility of a constitutional reporter's privilege in Maine, State v. Hohler and in re Letellier. After we finished discussing reporter's shield law and privilege, we went on to discuss some of the concepts of copyright law. We went over the Feist case, and will pick up with the Eldred and CCNV cases on Tuesday. The assignment for Tuesday 12/9 is to review what's already been assigned, to read in the textbook from pp. 312-330, and to read in the casebook the Harper case on p. 186 and the Campbell case on p. 191.
In class today, Thursday 12/4, we began by doing class evaluations. I distributed 2 handouts--excerpts from the Maine Tort Claims Act, and my analysis of a logical problem in the Jewelers Mutual Insurance case from p. 261 of the text. I went over 2 Maine cases, one statute of limitations case (Kasu v. Blake) and one res judicata case (St. John v. Jordan). We discussed through the Solomon case in the text, and will pick up on Tuesday with the Boone case on p. 257. The assignment for Tuesday 12/9 is to review what's already been assigned (the remainder of Chapter 6 of the text), to read the handouts, and to read in the text and prepare to discuss through p. 276.
CMJ 375--Mass Media Law
The exam scheduled for Tuesday 12/16 at 2:45 has been moved to 120 Little Hall, (instead of our Bennett Hall classroom). In class today, Thursday 12/4, I went over 2Maine cases regarding the possibility of a constitutional reporter's privilege in Maine, State v. Hohler and in re Letellier. After we finished discussing reporter's shield law and privilege, we went on to discuss some of the concepts of copyright law. We went over the Feist case, and will pick up with the Eldred and CCNV cases on Tuesday. The assignment for Tuesday 12/9 is to review what's already been assigned, to read in the textbook from pp. 312-330, and to read in the casebook the Harper case on p. 186 and the Campbell case on p. 191.
Tuesday, December 2, 2008
December 2, 2008
POS 282--Introduction to American Law
In class today, Tuesday 12/2, I first returned the Brown/Ireland casebriefs, and distributed a Comment Key. I also distributed a handout regarding the Maine Statues of Limitation for both civil and criminal cases. From the text, we went over the concept of standing, and then I added two recent U.S. Supreme Court cases, Massachusetts v. EPA and Hein v. Freedom from Religion Foundation. We got up to page 245 in the text, claims preclusion. The assignment for Thursday 12/4 is to read and prepare to discuss through the end of Chapter 6 (page 264).
CMJ 375--Mass Media Law
In class today,Tuesday 12/2, the class filled out evaluation forms. I distributed a handout of the new Maine Reporter's Shield law. We discussed the privilege of reporters, including the Branzburg and Judith Miller cases. On Thursday we will finish our discussion of Chapter 7 of the text, and move on to Chapter 8, creative property. The assignment for Thursday 12/4 is to read in the text pp. 297-312, and in the casebook the Eldred (p.174), Feist (p. 179) and CCNV (p. 183) cases.
In class today, Tuesday 12/2, I first returned the Brown/Ireland casebriefs, and distributed a Comment Key. I also distributed a handout regarding the Maine Statues of Limitation for both civil and criminal cases. From the text, we went over the concept of standing, and then I added two recent U.S. Supreme Court cases, Massachusetts v. EPA and Hein v. Freedom from Religion Foundation. We got up to page 245 in the text, claims preclusion. The assignment for Thursday 12/4 is to read and prepare to discuss through the end of Chapter 6 (page 264).
CMJ 375--Mass Media Law
In class today,Tuesday 12/2, the class filled out evaluation forms. I distributed a handout of the new Maine Reporter's Shield law. We discussed the privilege of reporters, including the Branzburg and Judith Miller cases. On Thursday we will finish our discussion of Chapter 7 of the text, and move on to Chapter 8, creative property. The assignment for Thursday 12/4 is to read in the text pp. 297-312, and in the casebook the Eldred (p.174), Feist (p. 179) and CCNV (p. 183) cases.
Tuesday, November 25, 2008
November 25, 2008
POS 282--Introduction to American Law
In class today, Tuesday 11/25, I collected the case briefs, and we went over them. I talked about one Maine case Flaherty v. Allstate Insurance, regarding the concept of excusable neglect. We finished discussing through the end of Chapter 5 of the text. The homework for Tuesday 12/2 is to read and prepare to discuss in the text pages 230-250. I hope that you have a safe and happy Thanksgiving.
CMJ 375--Mass Media Law
In class today, Tuesday 11/25, I passed back the exams, and we went over them. I distributed one handout with a variety of Maine laws regarding access to court proceedings.I discussed one Maine case regarding access to child protective proceedings, in re Bailey M. The homework for Tuesday 12/2 is to read and prepare to discuss in the text pages 281-295 and the following cases from the casebook: Branzburg, p.158, Miller, p.164 and Cohen, p.169. I hope that you have a safe and happy Thanksgiving.
In class today, Tuesday 11/25, I collected the case briefs, and we went over them. I talked about one Maine case Flaherty v. Allstate Insurance, regarding the concept of excusable neglect. We finished discussing through the end of Chapter 5 of the text. The homework for Tuesday 12/2 is to read and prepare to discuss in the text pages 230-250. I hope that you have a safe and happy Thanksgiving.
CMJ 375--Mass Media Law
In class today, Tuesday 11/25, I passed back the exams, and we went over them. I distributed one handout with a variety of Maine laws regarding access to court proceedings.I discussed one Maine case regarding access to child protective proceedings, in re Bailey M. The homework for Tuesday 12/2 is to read and prepare to discuss in the text pages 281-295 and the following cases from the casebook: Branzburg, p.158, Miller, p.164 and Cohen, p.169. I hope that you have a safe and happy Thanksgiving.
Thursday, November 20, 2008
November 20, 2008
POS 282--Introduction to American Law
In class today, Thursday 11/20, we discussed the Dorsey and Libby cases from the text, and I also went over one Maine case, Phillips v. Johnson. On Tuesday 11/25 the case briefs for Brown and Ireland are due. I clarified in class my understanding of the facts in Ireland, i.e. that the duplex property had had only one address listed for it at the time that the defendants acquired it, but at the time of service of process, the duplex had two separate addresses. In addition to finishing the briefs, the reading assignment for Tuesday 11/25 is to finish reading and preparing to discuss Chapter V of the text.
CMJ 375--Mass Media Law
In class today, Thursday 11/20, we had Exam #2. I will return that exam and we will go over it on Tuesday 11/25. The assignment for Tuesday 11/25 is to read and prepare to discuss through p. 281 of the text, and the Chandler case on p. 154 of the casebook.
In class today, Thursday 11/20, we discussed the Dorsey and Libby cases from the text, and I also went over one Maine case, Phillips v. Johnson. On Tuesday 11/25 the case briefs for Brown and Ireland are due. I clarified in class my understanding of the facts in Ireland, i.e. that the duplex property had had only one address listed for it at the time that the defendants acquired it, but at the time of service of process, the duplex had two separate addresses. In addition to finishing the briefs, the reading assignment for Tuesday 11/25 is to finish reading and preparing to discuss Chapter V of the text.
CMJ 375--Mass Media Law
In class today, Thursday 11/20, we had Exam #2. I will return that exam and we will go over it on Tuesday 11/25. The assignment for Tuesday 11/25 is to read and prepare to discuss through p. 281 of the text, and the Chandler case on p. 154 of the casebook.
Tuesday, November 18, 2008
November 18, 2008
POS 282--Introduction to American Law
In class today, Tuesday 11/18, I distributed two handouts: the case brief assignment, due 11/25, that is copied below, and excerpts from the Maine Rules of Civil Procedure and the Maine Rules of Evidence. We discussed through the Salmon case on p. 192 of the text. The assignment for Thursday 11/20 is to begin work on the case briefs, and to read and prepare to discuss through p. 215 of the text.
Assignment due Tuesday, November 25, 2008
The assignment is to do two abbreviated case briefs: the first is of the case of Brown v. Thaler, 2005 ME 75 and the second is of Ireland v. Carpenter, 2005 ME 98. The cases can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--select “2005 Opinions”
--select 2005 ME 75, Brown v. Thaler
--select 2005 ME 98, Ireland v. Carpenter
For the Ireland case, only brief Section II (B) of the opinion, “Service on Loyen”. Just to clarify what I understand to be the situation, Loyen and Carpenter share a duplex house, which means that there are two different addresses on the house, one for each half of the duplex.
What I mean by ”abbreviated case brief” is that I want you to do only the Citation, Parties, Appellant’s Contentions, Facts, Issues, and Holdings. Your briefs will be evaluated on the format, as well as the specific content.
These are both cases in which the brief is more useful if you utilize an “even though...” portion of the Issues, and Holdings (and include any facts used there in your Facts section). This means that you include the opposite argument (opposite to what the Court holds) to show what the other (losing) side was arguing. For example: “Under the rules of our class, may a student make cell phone calls during the class when such calls are disruptive, even though there was no specific prohibition on such calls in the syllabus.” The “Facts” would include both “ such calls are disruptive” and “there was no specific prohibition on such calls in the syllabus”.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Tuesday 11/ 25, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT : If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Tuesday 11/18, I returned the Blethen papers, and we discussed them. We discussed in the textbook through p.266 and also discussed the Rideau and Nebraska Press Assoc. cases from the casebook. On Thursday 11/20 we'll have Exam #2.
In class today, Tuesday 11/18, I distributed two handouts: the case brief assignment, due 11/25, that is copied below, and excerpts from the Maine Rules of Civil Procedure and the Maine Rules of Evidence. We discussed through the Salmon case on p. 192 of the text. The assignment for Thursday 11/20 is to begin work on the case briefs, and to read and prepare to discuss through p. 215 of the text.
Assignment due Tuesday, November 25, 2008
The assignment is to do two abbreviated case briefs: the first is of the case of Brown v. Thaler, 2005 ME 75 and the second is of Ireland v. Carpenter, 2005 ME 98. The cases can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--select “2005 Opinions”
--select 2005 ME 75, Brown v. Thaler
--select 2005 ME 98, Ireland v. Carpenter
For the Ireland case, only brief Section II (B) of the opinion, “Service on Loyen”. Just to clarify what I understand to be the situation, Loyen and Carpenter share a duplex house, which means that there are two different addresses on the house, one for each half of the duplex.
What I mean by ”abbreviated case brief” is that I want you to do only the Citation, Parties, Appellant’s Contentions, Facts, Issues, and Holdings. Your briefs will be evaluated on the format, as well as the specific content.
These are both cases in which the brief is more useful if you utilize an “even though...” portion of the Issues, and Holdings (and include any facts used there in your Facts section). This means that you include the opposite argument (opposite to what the Court holds) to show what the other (losing) side was arguing. For example: “Under the rules of our class, may a student make cell phone calls during the class when such calls are disruptive, even though there was no specific prohibition on such calls in the syllabus.” The “Facts” would include both “ such calls are disruptive” and “there was no specific prohibition on such calls in the syllabus”.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Tuesday 11/ 25, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT : If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Tuesday 11/18, I returned the Blethen papers, and we discussed them. We discussed in the textbook through p.266 and also discussed the Rideau and Nebraska Press Assoc. cases from the casebook. On Thursday 11/20 we'll have Exam #2.
Thursday, November 13, 2008
November 13, 2008
POS 282--Introduction to American Law
In class today, Thursday 11/13, we went over the Bohlander and Ruhrgas cases from the text, and I also discussed two Maine cases regarding choice of law, Collins v. Trius and Flaherty v. Allstate. On Tuesday 11/18 we will finish up Chapter 4 of the text with a discussion of the Land case. The assignment for Tuesday 11/18 is to read and prepare to discuss from the text pages 189-204. Also on Tuesday I will distribute the third and final case brief assignment, which will be due on Tuesday 11/25.
CMJ 375--Mass Media Law
In class today, Thursday 11/13, I collected the Blethen papers, and we discussed that assignment. I distributed one handout, the recently amended Maine statute regarding disclosure of the revocation of teachers' certification. I also went over a recent Maine case under the FOAA, Moore v. Abbott. On Tuesday 11/18 I will return the Blethen papers. On Thursday 11/20 we will have Exam #2, which will cover the material we've done since Exam #1. The assignment for Tuesday 11/18 is to read and prepare to discuss from the text pages 249-266, and from the casebook the Rideau case on p. 139 and the Nebraska Press case on p. 141.
In class today, Thursday 11/13, we went over the Bohlander and Ruhrgas cases from the text, and I also discussed two Maine cases regarding choice of law, Collins v. Trius and Flaherty v. Allstate. On Tuesday 11/18 we will finish up Chapter 4 of the text with a discussion of the Land case. The assignment for Tuesday 11/18 is to read and prepare to discuss from the text pages 189-204. Also on Tuesday I will distribute the third and final case brief assignment, which will be due on Tuesday 11/25.
CMJ 375--Mass Media Law
In class today, Thursday 11/13, I collected the Blethen papers, and we discussed that assignment. I distributed one handout, the recently amended Maine statute regarding disclosure of the revocation of teachers' certification. I also went over a recent Maine case under the FOAA, Moore v. Abbott. On Tuesday 11/18 I will return the Blethen papers. On Thursday 11/20 we will have Exam #2, which will cover the material we've done since Exam #1. The assignment for Tuesday 11/18 is to read and prepare to discuss from the text pages 249-266, and from the casebook the Rideau case on p. 139 and the Nebraska Press case on p. 141.
Tuesday, November 11, 2008
November 11, 2008
POS 282--Introduction to American Law
In class today, Tuesday 11/11, I returned the Zorn case briefs, and we went over them. I distributed 2 handouts, one the Zorn comment key, and the other Maine statues regarding civil juries and the Maine long-arm statute. I went over four cases, two about the definition of subject-matter jurisdiction (Landmark Realty v. Leasure and Bowles v. Russell) and two about personal and subject matter jurisdiction in Maine regarding divorces etc. (Hawley v. Murphy and VonSchack v. VonSchack). We also discussed the Edwards case from the text. The assignment for Thursday November 13 is to read and prepare to discuss the remainder of Chapter 4 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday, 11/11, we went over some of the concepts that you will need to incorporate into your "Blethen" paper, including my request that you specifically identify the particular paragraph number in the Blethen decision from which you are deriving your information. We discussed the Favish case from the text and the Reporter's Committee case from the casebook. I went over two Maine cases, Guy Gannett v. University of Maine, and Blethen v. Portland School Committee. The assignment for Thursday 11/13 is to write the paper that was assigned last Thursday.
In class today, Tuesday 11/11, I returned the Zorn case briefs, and we went over them. I distributed 2 handouts, one the Zorn comment key, and the other Maine statues regarding civil juries and the Maine long-arm statute. I went over four cases, two about the definition of subject-matter jurisdiction (Landmark Realty v. Leasure and Bowles v. Russell) and two about personal and subject matter jurisdiction in Maine regarding divorces etc. (Hawley v. Murphy and VonSchack v. VonSchack). We also discussed the Edwards case from the text. The assignment for Thursday November 13 is to read and prepare to discuss the remainder of Chapter 4 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday, 11/11, we went over some of the concepts that you will need to incorporate into your "Blethen" paper, including my request that you specifically identify the particular paragraph number in the Blethen decision from which you are deriving your information. We discussed the Favish case from the text and the Reporter's Committee case from the casebook. I went over two Maine cases, Guy Gannett v. University of Maine, and Blethen v. Portland School Committee. The assignment for Thursday 11/13 is to write the paper that was assigned last Thursday.
Thursday, November 6, 2008
November 6, 2008
POS 282--Introduction to American Law
In class today, Thursday 11/6, I collected the Zorn briefs, and we went over the Zorn case as well as the Karsetter case from the text. The assignment for Tuesday 11/11 is to read and prepare to discuss pp. 152-167 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 11/6, I distributed two handouts; one was the Maine statutes regarding Freedom of Access, etc. and the other was the memo assignment (below) which is due next Thursday, 11/13. The assignment for Tuesday 11/11 is to start work on the memo, and to read and prepare to discuss pp. 228-248 of the text and the Reporter's Committee case on p. 130 of the casebook.
This assignment is due at the beginning of class on Thursday, November 13, 2008
Assume that you are a reporter for a very small, but locally influential Maine newspaper. The paper can not really afford to consult with an attorney, but one consideration by the newspaper in the decision to hire you was your assurance that you had taken a Mass Media Law class in college, and could pretty much figure out this law stuff on your own.
You have been assigned to research and write an investigative report regarding a long time teacher in the local school. He had taught for about 20 years, and he had died about five years ago. Only recently, though, have rumors started being passed around in town that the man in fact was a pedophile, who had abused numerous students over the years. The County District Attorney has investigated the rumors, and written a report on his investigation, but will not be prosecuting, because the teacher is dead. (Even though the teacher is dead though, there’s plenty of speculation that the School Board, or maybe the School Superintendent, or maybe the Principal of the school, knew or suspected, or should have suspected, the true nature of the teacher.) The District Attorney interviewed several of the alleged victims of the teacher, some of whom came forward to talk to the D.A. when they learned that there was an investigation (without any promise of confidentiality by the D.A.), and others whom the D.A. sought out once he had learned their names from other victims (and who agreed to talk only after the D.A. had sought them out and promised them confidentiality.)
Anyway, getting your hands on the report that the D.A. prepared would be great, You could expect that the circulation of your little paper would soar if you could get enough information to write up a good story.
Your editor has asked you to write her a memo detailing the chances of getting a copy of the D.A.’s report, in whole or in part. You have discovered one Maine case that seems especially on point, Blethen Maine Newspapers v. State of Maine, 2005 ME 56. (You can find the case by going to the Maine Supreme Court website--http://www.courts.state.me.us/opinions/supreme/index.html and selecting the 2005 cases, and then #56- this case.)
You should read the case carefully, including all four of the opinions in the case. Then write your memo to your editor, explaining the law to her, and specifically analyzing whether you would expect the same outcome as in the Blethen case, or whether it would be distinguishable, and why you reach the conclusion that you do. Be specific; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 11/13, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
In class today, Thursday 11/6, I collected the Zorn briefs, and we went over the Zorn case as well as the Karsetter case from the text. The assignment for Tuesday 11/11 is to read and prepare to discuss pp. 152-167 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 11/6, I distributed two handouts; one was the Maine statutes regarding Freedom of Access, etc. and the other was the memo assignment (below) which is due next Thursday, 11/13. The assignment for Tuesday 11/11 is to start work on the memo, and to read and prepare to discuss pp. 228-248 of the text and the Reporter's Committee case on p. 130 of the casebook.
This assignment is due at the beginning of class on Thursday, November 13, 2008
Assume that you are a reporter for a very small, but locally influential Maine newspaper. The paper can not really afford to consult with an attorney, but one consideration by the newspaper in the decision to hire you was your assurance that you had taken a Mass Media Law class in college, and could pretty much figure out this law stuff on your own.
You have been assigned to research and write an investigative report regarding a long time teacher in the local school. He had taught for about 20 years, and he had died about five years ago. Only recently, though, have rumors started being passed around in town that the man in fact was a pedophile, who had abused numerous students over the years. The County District Attorney has investigated the rumors, and written a report on his investigation, but will not be prosecuting, because the teacher is dead. (Even though the teacher is dead though, there’s plenty of speculation that the School Board, or maybe the School Superintendent, or maybe the Principal of the school, knew or suspected, or should have suspected, the true nature of the teacher.) The District Attorney interviewed several of the alleged victims of the teacher, some of whom came forward to talk to the D.A. when they learned that there was an investigation (without any promise of confidentiality by the D.A.), and others whom the D.A. sought out once he had learned their names from other victims (and who agreed to talk only after the D.A. had sought them out and promised them confidentiality.)
Anyway, getting your hands on the report that the D.A. prepared would be great, You could expect that the circulation of your little paper would soar if you could get enough information to write up a good story.
Your editor has asked you to write her a memo detailing the chances of getting a copy of the D.A.’s report, in whole or in part. You have discovered one Maine case that seems especially on point, Blethen Maine Newspapers v. State of Maine, 2005 ME 56. (You can find the case by going to the Maine Supreme Court website--http://www.courts.state.me.us/opinions/supreme/index.html and selecting the 2005 cases, and then #56- this case.)
You should read the case carefully, including all four of the opinions in the case. Then write your memo to your editor, explaining the law to her, and specifically analyzing whether you would expect the same outcome as in the Blethen case, or whether it would be distinguishable, and why you reach the conclusion that you do. Be specific; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 11/13, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
Tuesday, November 4, 2008
November 4, 2008
POS 282--Introduction to American Law
In class today, Tuesday 11/4, I first answered questions about the casebrief that is due on Thursday. We then went over the Strunk and Hubbard cases from the text. The assignment for Thursday 11/6 is to complete the casebrief that was assigned last Thursday (10/30). Also, review the Karstetter case on page 145 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 11/4, we went over the remainder of Chapter 5 of the text. I also discussed one Maine case, Loe v. Thomaston. I distributed a handout of the Maine criminal and civil statutes regarding trespass. The assignment for Thursday 11/6 is to read and prepare to discuss pp. 214-228 of the text, and two cases from the casebook, Miller (p. 124) and Houchins (p. 127).
In class today, Tuesday 11/4, I first answered questions about the casebrief that is due on Thursday. We then went over the Strunk and Hubbard cases from the text. The assignment for Thursday 11/6 is to complete the casebrief that was assigned last Thursday (10/30). Also, review the Karstetter case on page 145 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 11/4, we went over the remainder of Chapter 5 of the text. I also discussed one Maine case, Loe v. Thomaston. I distributed a handout of the Maine criminal and civil statutes regarding trespass. The assignment for Thursday 11/6 is to read and prepare to discuss pp. 214-228 of the text, and two cases from the casebook, Miller (p. 124) and Houchins (p. 127).
Thursday, October 30, 2008
October 30, 2008
POS 282--Introduction to American Law
In class today, Thursday 10/30, I distributed and we went over the next case brief assignment, which is copied below. We went through some of the concepts in the text, including the ex post facto prohibition. I went over one recent Maine case regarding our sex offender registry, Doe v. District Attorney, 2007 ME 139. We covered the Butler and Apsey cases in the text. The assignment for Tuesday November 4 is to read and prepare to discuss through the end of Chapter 3, and to begin work on the case brief below.
Assignment due Thursday, November 6, 2008
The assignment is to do a Case Brief of the case of Geujo Lok Beteiligungs GMBH v. Zorn, 2008 ME 50 . The case can be found on the website of the Maine Supreme Court.
Go to the website: http://www.courts.state.me.us/
On the left, under Court Information, select “Opinions and Orders”
Then select “Supreme Court”
Scroll down that page to the list of 2008 Opinions, and select 2008 ME 50.
The Brief should be in exactly the format used in the Sample Brief Template distributed in class.
For the beginning parts of the Brief, (including the “Appellant’s Contentions” portion of the Brief,) include all of the case, (including all of the contentions raised by Appellant). For the “Facts”, “Issues”, and “Holdings”, however, only brief the facts, issues and holding regarding “Due Process” (¶ 16-19) and “Personal Jurisdiction” (¶ 20 - 23).
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 11/ 6, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT : If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375-- Mass Media Law
In class today, Thursday 10/30, we discussed the remainder of the four privacy torts, and the Diaz and Shulman case from the casebook. I also went over one Maine case regarding false light, Gavrilovic v. Worldwide Language Resources. The assignment for Tuesday 11/4 is to read and prepare to discuss the remainder of Chapter 5, and the Falwell (p. 118) and Armstrong (p.120) cases in the casebook.
In class today, Thursday 10/30, I distributed and we went over the next case brief assignment, which is copied below. We went through some of the concepts in the text, including the ex post facto prohibition. I went over one recent Maine case regarding our sex offender registry, Doe v. District Attorney, 2007 ME 139. We covered the Butler and Apsey cases in the text. The assignment for Tuesday November 4 is to read and prepare to discuss through the end of Chapter 3, and to begin work on the case brief below.
Assignment due Thursday, November 6, 2008
The assignment is to do a Case Brief of the case of Geujo Lok Beteiligungs GMBH v. Zorn, 2008 ME 50 . The case can be found on the website of the Maine Supreme Court.
Go to the website: http://www.courts.state.me.us/
On the left, under Court Information, select “Opinions and Orders”
Then select “Supreme Court”
Scroll down that page to the list of 2008 Opinions, and select 2008 ME 50.
The Brief should be in exactly the format used in the Sample Brief Template distributed in class.
For the beginning parts of the Brief, (including the “Appellant’s Contentions” portion of the Brief,) include all of the case, (including all of the contentions raised by Appellant). For the “Facts”, “Issues”, and “Holdings”, however, only brief the facts, issues and holding regarding “Due Process” (¶ 16-19) and “Personal Jurisdiction” (¶ 20 - 23).
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 11/ 6, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT : If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375-- Mass Media Law
In class today, Thursday 10/30, we discussed the remainder of the four privacy torts, and the Diaz and Shulman case from the casebook. I also went over one Maine case regarding false light, Gavrilovic v. Worldwide Language Resources. The assignment for Tuesday 11/4 is to read and prepare to discuss the remainder of Chapter 5, and the Falwell (p. 118) and Armstrong (p.120) cases in the casebook.
Tuesday, October 28, 2008
October 28, 2008
POS 282--Introduction to American Law
In class today, Tuesday 10/28, I should have, but didn't, remind the class that the Maine Supreme Court will be at Peakes auditorium at Bangor High School tomorrow Wednesday 10/29, starting oral arguments at 9:45, and the public can attend. I did remind the class that I will assign a new casebrief on Thursday (10/30) which will be due a week later (11/6). We began our discussion of Chapter 3, and I gave two charts that I thought might be helpful in terms of the power relationships within our governmental structures. We discussed the Gonzalez v. Raich case, and I added a discussion of a more recent case, Gonzalez v. Oregon. The assignment for Thursday 10/30 is to read up to the Strunk case on p. 136 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 10/28,we began our discussion of Chapter 5 of the text. I talked about 3 Maine cases regarding the right of privacy, Berthiaume v. Pratt, Nelson v. Maine Times, and Muratore v. Scotia Prince. We went over appropriation, and got part-way through public disclosure of private facts. We discussed the McNamara case from the casebook, but did not get to the Diaz case, which is where we'll start on Thursday. The assignment for Thursday 10/30 is to read pp. 187- 198 of the text, and to read the Shulman case on p. 110 of the casebook.
In class today, Tuesday 10/28, I should have, but didn't, remind the class that the Maine Supreme Court will be at Peakes auditorium at Bangor High School tomorrow Wednesday 10/29, starting oral arguments at 9:45, and the public can attend. I did remind the class that I will assign a new casebrief on Thursday (10/30) which will be due a week later (11/6). We began our discussion of Chapter 3, and I gave two charts that I thought might be helpful in terms of the power relationships within our governmental structures. We discussed the Gonzalez v. Raich case, and I added a discussion of a more recent case, Gonzalez v. Oregon. The assignment for Thursday 10/30 is to read up to the Strunk case on p. 136 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 10/28,we began our discussion of Chapter 5 of the text. I talked about 3 Maine cases regarding the right of privacy, Berthiaume v. Pratt, Nelson v. Maine Times, and Muratore v. Scotia Prince. We went over appropriation, and got part-way through public disclosure of private facts. We discussed the McNamara case from the casebook, but did not get to the Diaz case, which is where we'll start on Thursday. The assignment for Thursday 10/30 is to read pp. 187- 198 of the text, and to read the Shulman case on p. 110 of the casebook.
Thursday, October 23, 2008
October 23, 2008
POS 282--Introduction to American Law
In class today, Thursday 10/23, I returned the test papers, and we went over them. I also discussed some areas in comparative law in which our country is atypical in its legal doctrines. The assignment for Tuesday 10/28 is to read and prepare to discuss pp. 108-131 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 10/23, I returned the test papers, and we went over them. I also discussed hate speech, in which our country is atypical in its legal doctrine. The assignment for Tuesday 10/28 is to read and prepare to discuss pp. 165-187 of the text, and to read two cases from the casebook, McNamara on p. 99, and Diaz on p. 105.
In class today, Thursday 10/23, I returned the test papers, and we went over them. I also discussed some areas in comparative law in which our country is atypical in its legal doctrines. The assignment for Tuesday 10/28 is to read and prepare to discuss pp. 108-131 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 10/23, I returned the test papers, and we went over them. I also discussed hate speech, in which our country is atypical in its legal doctrine. The assignment for Tuesday 10/28 is to read and prepare to discuss pp. 165-187 of the text, and to read two cases from the casebook, McNamara on p. 99, and Diaz on p. 105.
Thursday, October 16, 2008
October 16, 2008
POS 282--Introduction to American Law
In class today, Thursday 10/16, I returned the Goss briefs, and we went over them. The class took a sample test in preparation for Test #1 on Tuesday 10/21. We finished our discussion of Chapter 2 of the text, and the test will cover up through the end of Chapter 2.
CMJ 375--Mass Media Law
In class today, Thursday 10/16, the class took a sample test in preparation for Test #1 on Tuesday 10/21. We finished our discussion of Chapter 4 of the text,and we finished going over the Haworth case, and looked at the Maine anti-SLAPP statute that I distributed last week. The test will cover up through the end of Chapter 4.
In class today, Thursday 10/16, I returned the Goss briefs, and we went over them. The class took a sample test in preparation for Test #1 on Tuesday 10/21. We finished our discussion of Chapter 2 of the text, and the test will cover up through the end of Chapter 2.
CMJ 375--Mass Media Law
In class today, Thursday 10/16, the class took a sample test in preparation for Test #1 on Tuesday 10/21. We finished our discussion of Chapter 4 of the text,and we finished going over the Haworth case, and looked at the Maine anti-SLAPP statute that I distributed last week. The test will cover up through the end of Chapter 4.
Tuesday, October 7, 2008
October 7, 2008
POS 282--Introduction to American Law
In class today, Tuesday 10/7, I collected the Goss case briefs, and we went over them. At the end of class, I also discussed two recent Mississippi cases regarding modern interpretations of the Goss case. On Thursday, 10/9, the class will watch Part 2 of the Supreme Court series. After October break on Tuesday 10/14, we will meet again on Thursday 10/16, when we will go over sample questions for the first test, which will happen Tuesday 10/21. The assignment for Thursday 10/16 is to read and prepare to discuss the remainder of Chapter 2 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 10/7, I handed back the Letter to the Editor papers, and we went over them. At the end of class, I also discussed two Maine cases regarding defamation, Caron and Haworth. On Thursday, 10/9, the class will watch the Ben Bradlee interview (this time for sure). After October break on Tuesday 10/14, we will meet again on Thursday 10/16, when we will go over sample questions for the first test, which will happen Tuesday 10/21. The assignment for Thursday 10/16 is to re-read and prepare to discuss the remainder of Chapter 4 of the text.
In class today, Tuesday 10/7, I collected the Goss case briefs, and we went over them. At the end of class, I also discussed two recent Mississippi cases regarding modern interpretations of the Goss case. On Thursday, 10/9, the class will watch Part 2 of the Supreme Court series. After October break on Tuesday 10/14, we will meet again on Thursday 10/16, when we will go over sample questions for the first test, which will happen Tuesday 10/21. The assignment for Thursday 10/16 is to read and prepare to discuss the remainder of Chapter 2 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 10/7, I handed back the Letter to the Editor papers, and we went over them. At the end of class, I also discussed two Maine cases regarding defamation, Caron and Haworth. On Thursday, 10/9, the class will watch the Ben Bradlee interview (this time for sure). After October break on Tuesday 10/14, we will meet again on Thursday 10/16, when we will go over sample questions for the first test, which will happen Tuesday 10/21. The assignment for Thursday 10/16 is to re-read and prepare to discuss the remainder of Chapter 4 of the text.
Thursday, October 2, 2008
October 2, 2008
POS 282--Introduction to American Law
In class today, Thursday 10/2, I began by clarifying the "prior proceedings" of the Goss v.Lopez case,and the meaning of a section 1983 lawsuit. I distributed the text of 42 USC section 1983 to the class. We then talked about the the use of retribution and deterrence in the Gregg v. Georgia case. I talked about a recent U.S. Supreme Court case, Kennedy v. Louisiana, regarding the imposition of capital punishment for the rape of a child. We discussed the Mobbley and Holland cases in the text. The assignment for Tuesday Oct. 7 is to write up the Goss v. Lopez case brief. If you have extra time, you might also read the Lawrence v. Texas case starting on p. 83 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 10/2, I collected the "Letter to the Editor" memo. We spent the rest of the class discussing the elements of defamation regarding that letter. The assignment for Tuesday 10/7 is to read and prepare to discuss the remainder of Chapter 4 of the text.
In class today, Thursday 10/2, I began by clarifying the "prior proceedings" of the Goss v.Lopez case,and the meaning of a section 1983 lawsuit. I distributed the text of 42 USC section 1983 to the class. We then talked about the the use of retribution and deterrence in the Gregg v. Georgia case. I talked about a recent U.S. Supreme Court case, Kennedy v. Louisiana, regarding the imposition of capital punishment for the rape of a child. We discussed the Mobbley and Holland cases in the text. The assignment for Tuesday Oct. 7 is to write up the Goss v. Lopez case brief. If you have extra time, you might also read the Lawrence v. Texas case starting on p. 83 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 10/2, I collected the "Letter to the Editor" memo. We spent the rest of the class discussing the elements of defamation regarding that letter. The assignment for Tuesday 10/7 is to read and prepare to discuss the remainder of Chapter 4 of the text.
Thursday, September 25, 2008
September 25, 2008
POS 282--Introduction to American Law
In class today, Thursday 9/25, we finished going the Suggs case. and began our discussion in Chapter 2 of the Gregg case. I distributed the first homework assignment, due Tuesday October 7, and is copied below. On Tuesday September 30, the class will watch the first part of the PBS series about the history of the U.S. Supreme Court. The reading assignment for Thursday October 2 is to read through the Holland case which starts on p. 79 of the text.
POS 282 INTRODUCTION TO AMERICAN LAW Sol Goldman September 25, 2008
Assignment due Tuesday, October 7, 2008
The assignment is to do a Case Brief of the case of Goss v. Lopez. The case can be found on the website of our textbook.
To access the case, go to
http://college.hmco.com/pic/schubert9e
select “student companion site”
select “general resources”
select “additional cases”
select “Chapter 1”
select “Goss v. Lopez”
The Brief should be in exactly the format used in the Sample Brief Template distributed in class, and the two Case Briefs distributed (Glucksberg and Klatko).
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that i can be helpful.
If you cannot be in class on Tuesday 10/7, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT:If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Thursday 9/25, we continued discussing the elements of defamation. I distributed the first homework assignment, due Thursday October 2, and which is copied below. On Tuesday September 30, the class will watch an interview of Washington Post editor Ben Bradlee with PBS's Jim Lehrer.
CMJ 375 Assignment #1 Sol Goldman September 25, 2008
This assignment is due at the beginning of class on Thursday, October 2, 2008
First, read in the textbook through p. 148, and read the Connaughton case on p. 68 of the casebook.
Assume that you are the assistant editor for the Maine Campus newspaper. The editor has received a Letter to the Editor, and is wondering whether the paper can get in trouble for publishing this letter. Knowing of your keen interest in and understanding of the law of defamation, the editor has asked you to write him a memo regarding the question of whether publishing this letter appears to be defamatory. The editor knows almost nothing about the law, and so you are trying to explain to him the law involved, how it applies to this letter, and any recommendations that you have about how the paper should proceed.
You should first read the letter carefully, (ignore the fact that it was in fact published) and spot which exact parts of the letter might be most problematic regarding potential defamation.
You should then address each one of the six elements of the tort of defamation (as outlined on pages 113-114). Some of the elements won’t require more than a sentence; others will need more explanation.
Your memo has the task of explaining the law (like the Milkovich case) to your editor, and analyzing what legal questions would be asked, and your analysis of how they would be answered. You do this by comparing your situation with the situation of the case that you are explaining.
You should specifically address three thorny issues:
¶ defamation by implication,
¶ the practical standard for how “malice” is shown as discussed in the Connaughton case
¶ dealing with “opinion” as discussed in the Milkovich case.
In addition to comparing your facts to those of the cases in the text and casebook, and analyzing how the similarities and any differences would affect your potential liability, you should specifically give any recommendations that you might have regarding what work the paper might do before publishing the letter. (An example: “In this case, these were the words used. In our case, these are the words used. Our case has greater potential liability because...We could reduce our exposure by...as explained by this statement in this case.”).
You can assume that the officers in question are public figures--(University of Maine Police, unlike some campus security agencies, are empowered to make arrests without calling in the local police force). Assume that the officers would claim that the allegations and implications are false and that the officers are injured in their jobs and reputations by the letter. But also assume that the editor wants to publish controversial material, doesn’t want to just play it safe, and wants to go right up to the line of what’s permissible to publish.
If there are questions that you would need to find out the answers to in order to figure out if the paper would be on the hook, you should let the editor know what the question would be , and how the answer would affect your analysis of whether the letter is ok to publish.
Work by yourself (not collaboratively); use your own language ; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
Since I will not be in class on Tuesday 9/30, I will post any general clarifications on the class blog (goldmanmaine.blogspot.com) and, Even if you have been in class, you should check the blog to see if there have been any such clarifications.
If you cannot be in class on Thursday 10/2, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
If you have not received a copy of the Letter to the Editor itself you should
1) go to http://www.mainecampus.com/ 2) click the link to “Back Issues” 3) click the link to February 7, 2008 4) Under “Soap Box” click the link to “Public safety officers risk loss of students' trust with secretive Facebook accounts”
In class today, Thursday 9/25, we finished going the Suggs case. and began our discussion in Chapter 2 of the Gregg case. I distributed the first homework assignment, due Tuesday October 7, and is copied below. On Tuesday September 30, the class will watch the first part of the PBS series about the history of the U.S. Supreme Court. The reading assignment for Thursday October 2 is to read through the Holland case which starts on p. 79 of the text.
POS 282 INTRODUCTION TO AMERICAN LAW Sol Goldman September 25, 2008
Assignment due Tuesday, October 7, 2008
The assignment is to do a Case Brief of the case of Goss v. Lopez. The case can be found on the website of our textbook.
To access the case, go to
http://college.hmco.com/pic/schubert9e
select “student companion site”
select “general resources”
select “additional cases”
select “Chapter 1”
select “Goss v. Lopez”
The Brief should be in exactly the format used in the Sample Brief Template distributed in class, and the two Case Briefs distributed (Glucksberg and Klatko).
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that i can be helpful.
If you cannot be in class on Tuesday 10/7, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT:If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Thursday 9/25, we continued discussing the elements of defamation. I distributed the first homework assignment, due Thursday October 2, and which is copied below. On Tuesday September 30, the class will watch an interview of Washington Post editor Ben Bradlee with PBS's Jim Lehrer.
CMJ 375 Assignment #1 Sol Goldman September 25, 2008
This assignment is due at the beginning of class on Thursday, October 2, 2008
First, read in the textbook through p. 148, and read the Connaughton case on p. 68 of the casebook.
Assume that you are the assistant editor for the Maine Campus newspaper. The editor has received a Letter to the Editor, and is wondering whether the paper can get in trouble for publishing this letter. Knowing of your keen interest in and understanding of the law of defamation, the editor has asked you to write him a memo regarding the question of whether publishing this letter appears to be defamatory. The editor knows almost nothing about the law, and so you are trying to explain to him the law involved, how it applies to this letter, and any recommendations that you have about how the paper should proceed.
You should first read the letter carefully, (ignore the fact that it was in fact published) and spot which exact parts of the letter might be most problematic regarding potential defamation.
You should then address each one of the six elements of the tort of defamation (as outlined on pages 113-114). Some of the elements won’t require more than a sentence; others will need more explanation.
Your memo has the task of explaining the law (like the Milkovich case) to your editor, and analyzing what legal questions would be asked, and your analysis of how they would be answered. You do this by comparing your situation with the situation of the case that you are explaining.
You should specifically address three thorny issues:
¶ defamation by implication,
¶ the practical standard for how “malice” is shown as discussed in the Connaughton case
¶ dealing with “opinion” as discussed in the Milkovich case.
In addition to comparing your facts to those of the cases in the text and casebook, and analyzing how the similarities and any differences would affect your potential liability, you should specifically give any recommendations that you might have regarding what work the paper might do before publishing the letter. (An example: “In this case, these were the words used. In our case, these are the words used. Our case has greater potential liability because...We could reduce our exposure by...as explained by this statement in this case.”).
You can assume that the officers in question are public figures--(University of Maine Police, unlike some campus security agencies, are empowered to make arrests without calling in the local police force). Assume that the officers would claim that the allegations and implications are false and that the officers are injured in their jobs and reputations by the letter. But also assume that the editor wants to publish controversial material, doesn’t want to just play it safe, and wants to go right up to the line of what’s permissible to publish.
If there are questions that you would need to find out the answers to in order to figure out if the paper would be on the hook, you should let the editor know what the question would be , and how the answer would affect your analysis of whether the letter is ok to publish.
Work by yourself (not collaboratively); use your own language ; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
Since I will not be in class on Tuesday 9/30, I will post any general clarifications on the class blog (goldmanmaine.blogspot.com) and, Even if you have been in class, you should check the blog to see if there have been any such clarifications.
If you cannot be in class on Thursday 10/2, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
If you have not received a copy of the Letter to the Editor itself you should
1) go to http://www.mainecampus.com/ 2) click the link to “Back Issues” 3) click the link to February 7, 2008 4) Under “Soap Box” click the link to “Public safety officers risk loss of students' trust with secretive Facebook accounts”
Tuesday, September 23, 2008
September 23, 2008
POS 282--Introduction to American Law
In class today, Tuesday 9/23, we began by finishing up the Katko case with a discussion of how the dissenting opinion differed from the majority. We then looked at the Maine criminal statute regarding justification for using force to defend your place, or your possessions. We went through the beginning of a case brief of the Suggs case. On Thursday, we will finish our discussion of Suggs, and then go on to Chapter 2 of the text. The assignment for Thursday 9/25 is to read and prepare to discuss through p. 79 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 9/23, we began by finishing up the four categories of personal injury liability, and discussed from the textbook the Hitman case, the two Soldier of Fortune cases, and the Planned Parenthood case. We went over the concept of jury nullification, and the concept of summary judgement. We began our discussion of defamation by seeing how that tort differed from other torts, and then discussed the New York Times v. Sullivan case that began the process of infusing 1st Amendment law into state law defamation cases.The assignment for Thursday 9/25 is to read and prepare to discuss through p. 130 of the text, and to read the Milkovich case on p. 77 of the casebook.
In class today, Tuesday 9/23, we began by finishing up the Katko case with a discussion of how the dissenting opinion differed from the majority. We then looked at the Maine criminal statute regarding justification for using force to defend your place, or your possessions. We went through the beginning of a case brief of the Suggs case. On Thursday, we will finish our discussion of Suggs, and then go on to Chapter 2 of the text. The assignment for Thursday 9/25 is to read and prepare to discuss through p. 79 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 9/23, we began by finishing up the four categories of personal injury liability, and discussed from the textbook the Hitman case, the two Soldier of Fortune cases, and the Planned Parenthood case. We went over the concept of jury nullification, and the concept of summary judgement. We began our discussion of defamation by seeing how that tort differed from other torts, and then discussed the New York Times v. Sullivan case that began the process of infusing 1st Amendment law into state law defamation cases.The assignment for Thursday 9/25 is to read and prepare to discuss through p. 130 of the text, and to read the Milkovich case on p. 77 of the casebook.
Thursday, September 18, 2008
September 18, 2008
POS 282--Introduction to American Law
In class today, Thursday 9/18, I distributed four handouts: a sample case brief template, sample briefs of the Glucksberg and Katko cases, and the Maine statute regarding protection of premises and possessions. We went over state court citation form, and discussed some more the concept of common law in the Katko case. We went over the different types of authority cited by the Katko Court in reaching its decision, and the procedural setting of the motions that were the exact subject of the Katko decision. We then spent most of the class going over the format for a case brief. The assignment for Tuesday September 23 is to read over the 4 handouts, and also read and prepare to discuss through page 76 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 9/18, we continued discussing the concepts of Chapter 3 of the text, but we did not finish that Chapter. We did discuss the Pentagon Papers case, the Progressive H-bomb case, and several of the Personal Injury cases from the text and the casebook. I went over one case that was not from the text, Orozco v. Dallas Morning News. We went over state court citation form. The assignment for Tuesday September 23 is to read and prepare to discuss through page 122 of the text, and the read the NY Times v. Sullivan case starting on p. 66 of the casebook.
In class today, Thursday 9/18, I distributed four handouts: a sample case brief template, sample briefs of the Glucksberg and Katko cases, and the Maine statute regarding protection of premises and possessions. We went over state court citation form, and discussed some more the concept of common law in the Katko case. We went over the different types of authority cited by the Katko Court in reaching its decision, and the procedural setting of the motions that were the exact subject of the Katko decision. We then spent most of the class going over the format for a case brief. The assignment for Tuesday September 23 is to read over the 4 handouts, and also read and prepare to discuss through page 76 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 9/18, we continued discussing the concepts of Chapter 3 of the text, but we did not finish that Chapter. We did discuss the Pentagon Papers case, the Progressive H-bomb case, and several of the Personal Injury cases from the text and the casebook. I went over one case that was not from the text, Orozco v. Dallas Morning News. We went over state court citation form. The assignment for Tuesday September 23 is to read and prepare to discuss through page 122 of the text, and the read the NY Times v. Sullivan case starting on p. 66 of the casebook.
Tuesday, September 16, 2008
September 16, 2008
POS 282--Introduction to American Law
In class today, Tuesday 9/16, we began by going over possible Holdings in the Glucksberg case. We also discussed the ways in which Justice Souter differed from the majority opinion, (even though he eventually reached the same conclusion about Glucksberg losing). We went over the concepts of following or distinguishing a previous court ruling. We discussed the Connecticut sex offender registry case, as well as recent Maine court cases regarding ex post facto problems with our own sex offender registry law. The assignment for Thursday 9/18 is review the remainder of Chapter One of the text, and prepare for discussion (not handed in) holdings of both the Katko case on p. 47 and the Suggs case on p. 55.
CMJ 375--Mass Media Law
In class today, Tuesday 9/16, we began by going over the concept of "narrow tailoring" by discussing both the underinclusive and the overinclusive aspects of the state justification used in the Bellotti case (text, p.76). We went over how corporations have grown to dominate the American economy, and how the failure to disclose has had a part in the recent financial troubles in the mortgage industry and the wider financial services world. We also discussed the status of free speech for University of Maine activities funded by the student activity fund, and the Maine Campus newspaper. On Thursday we will begin by going over the Pentagon Papers case that had been previously assigned. The assignment for Thursday 9/18 is to read and prepare to discuss the remainder of Chapter 3 of the text, and to read the Olivia case (p. 53 of the casebook) and the Winter case (p. 55 of the casebook).
In class today, Tuesday 9/16, we began by going over possible Holdings in the Glucksberg case. We also discussed the ways in which Justice Souter differed from the majority opinion, (even though he eventually reached the same conclusion about Glucksberg losing). We went over the concepts of following or distinguishing a previous court ruling. We discussed the Connecticut sex offender registry case, as well as recent Maine court cases regarding ex post facto problems with our own sex offender registry law. The assignment for Thursday 9/18 is review the remainder of Chapter One of the text, and prepare for discussion (not handed in) holdings of both the Katko case on p. 47 and the Suggs case on p. 55.
CMJ 375--Mass Media Law
In class today, Tuesday 9/16, we began by going over the concept of "narrow tailoring" by discussing both the underinclusive and the overinclusive aspects of the state justification used in the Bellotti case (text, p.76). We went over how corporations have grown to dominate the American economy, and how the failure to disclose has had a part in the recent financial troubles in the mortgage industry and the wider financial services world. We also discussed the status of free speech for University of Maine activities funded by the student activity fund, and the Maine Campus newspaper. On Thursday we will begin by going over the Pentagon Papers case that had been previously assigned. The assignment for Thursday 9/18 is to read and prepare to discuss the remainder of Chapter 3 of the text, and to read the Olivia case (p. 53 of the casebook) and the Winter case (p. 55 of the casebook).
Thursday, September 11, 2008
September 11, 2008
POS 282--Introduction to American Law
In class today, Thursday 9/11, we started with a discussion of the Sullivan case. We went over citation form for federal court decisions. We then turned to the Glucksberg case in the text regarding substantive due process. We will finish our discussion of Glucksberg (and the Glucksberg holdings) on Tuesday. The assignment for Tuesday 9/16 is to read and prepare to discuss the remainder of Chapter 1 of the text. Also, in Glucksberg, prepare to discuss how Justice Souter's characterization of the individual right involved differs from that of Justice Rehnquist.
CMJ 375--Mass Media Law
In class today, Thursday 9/11, we started with a discussion of the concept of prior restraint as it is used in copyright law. We then discussed other suspect restrictions, getting up through the different levels of scrutiny for different classifications of speech. The assignment for Tuesday 9/16 is to read and prepare to discuss through page 93 of the text, and also to read the Pentagon Papers case (New York Times v. U.S.) on page 40 of the casebook.
In class today, Thursday 9/11, we started with a discussion of the Sullivan case. We went over citation form for federal court decisions. We then turned to the Glucksberg case in the text regarding substantive due process. We will finish our discussion of Glucksberg (and the Glucksberg holdings) on Tuesday. The assignment for Tuesday 9/16 is to read and prepare to discuss the remainder of Chapter 1 of the text. Also, in Glucksberg, prepare to discuss how Justice Souter's characterization of the individual right involved differs from that of Justice Rehnquist.
CMJ 375--Mass Media Law
In class today, Thursday 9/11, we started with a discussion of the concept of prior restraint as it is used in copyright law. We then discussed other suspect restrictions, getting up through the different levels of scrutiny for different classifications of speech. The assignment for Tuesday 9/16 is to read and prepare to discuss through page 93 of the text, and also to read the Pentagon Papers case (New York Times v. U.S.) on page 40 of the casebook.
Tuesday, September 9, 2008
September 9, 2008
POS 282--Introduction to American Law
In class today, Tuesday, 9/9, we went over the AAC v. Dearborn case from the text, and my sample holdings for that case. We went over the Bangor Parade Ordinance in terms of how it might comply with the 6th Circuit's standards. On Thursday, 9/11, I will (finally) get to the Sullivan v. Augusta case. The assignment for Thursday 9/11 is to read through p. 42 of the text. Also, write out and prepare to discuss (though not hand in) sample holdings for the majority decision in the Glucksberg case. Follow the format of my sample holdings from the AAC case.
CMJ 375--Mass Media Law
In class today, Tuesday, 9/9, we went over the Bartnicki case regarding disclosure of intercepted cell phone conversations. We then went over some of the free speech concepts and justifications from Chapter 2 of the text. We discussed the Near case from 1931, and its special category of prior restraint. The assignment for Thursday 9/11 is to read the remainder of Chapter 2 of the text. Also, read from the casebook the Tornillo case starting on p. 13.
In class today, Tuesday, 9/9, we went over the AAC v. Dearborn case from the text, and my sample holdings for that case. We went over the Bangor Parade Ordinance in terms of how it might comply with the 6th Circuit's standards. On Thursday, 9/11, I will (finally) get to the Sullivan v. Augusta case. The assignment for Thursday 9/11 is to read through p. 42 of the text. Also, write out and prepare to discuss (though not hand in) sample holdings for the majority decision in the Glucksberg case. Follow the format of my sample holdings from the AAC case.
CMJ 375--Mass Media Law
In class today, Tuesday, 9/9, we went over the Bartnicki case regarding disclosure of intercepted cell phone conversations. We then went over some of the free speech concepts and justifications from Chapter 2 of the text. We discussed the Near case from 1931, and its special category of prior restraint. The assignment for Thursday 9/11 is to read the remainder of Chapter 2 of the text. Also, read from the casebook the Tornillo case starting on p. 13.
Thursday, September 4, 2008
September 4, 2008
POS 282--Introduction to American Law
In class today, Thursday 9/4, I distributed three handouts, the Augusta parade ordinance, the Bangor parade ordinance, and some simplified sample holding for the AAC v. Dearborn case. We went over a number of concepts from the reading in the text, including the federal and state court systems,concurrent and exclusive jurisdiction, mandatory and persuasive authority, equitable remedies, and the idea of a cause of action. The assignment for Tuesday 9/9 is to read the three handouts, and to review the AAC case, comparing that ordinance with those of Bangor and Augusta.
CMJ 375--Mass Media Law
In class today, Thursday 9/4, we went over a number of concepts from the reading in the text, including the federal and state court systems,concurrent and exclusive jurisdiction, mandatory and persuasive authority, equitable remedies, federal jurisdiction, the concept of common law, and the idea of a cause of action. I went over the facts of the Bartnicki case. The assignment for Tuesday 9/9 is to read through page 57 of the textbook, and to read the first case, Near v. Minnesota, on pp. 8-13 of the casebook.
In class today, Thursday 9/4, I distributed three handouts, the Augusta parade ordinance, the Bangor parade ordinance, and some simplified sample holding for the AAC v. Dearborn case. We went over a number of concepts from the reading in the text, including the federal and state court systems,concurrent and exclusive jurisdiction, mandatory and persuasive authority, equitable remedies, and the idea of a cause of action. The assignment for Tuesday 9/9 is to read the three handouts, and to review the AAC case, comparing that ordinance with those of Bangor and Augusta.
CMJ 375--Mass Media Law
In class today, Thursday 9/4, we went over a number of concepts from the reading in the text, including the federal and state court systems,concurrent and exclusive jurisdiction, mandatory and persuasive authority, equitable remedies, federal jurisdiction, the concept of common law, and the idea of a cause of action. I went over the facts of the Bartnicki case. The assignment for Tuesday 9/9 is to read through page 57 of the textbook, and to read the first case, Near v. Minnesota, on pp. 8-13 of the casebook.
Tuesday, September 2, 2008
September 2, 2008
POS 282--Introduction to American Law
In class today, Tuesday 9/2, I distributed 2 handouts, the syllabus and a list of legal websites. After reviewing the syllabus, we started discussing the city of Augusta's parade permit ordinance. The assignment for Thursday, 9/4 is to read through page 28 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 9/2, I distributed 3 handouts, the syllabus, a sheet of federal and state laws regarding disclosure of intercepted cell phone and a list of legal websites. After reviewing the syllabus, we started discussing a hypothetical situation regarding the disclosure of an intercepted cell phone conversation. The assignment for Thursday, 9/4 is to read the first chapter of the text.
In class today, Tuesday 9/2, I distributed 2 handouts, the syllabus and a list of legal websites. After reviewing the syllabus, we started discussing the city of Augusta's parade permit ordinance. The assignment for Thursday, 9/4 is to read through page 28 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 9/2, I distributed 3 handouts, the syllabus, a sheet of federal and state laws regarding disclosure of intercepted cell phone and a list of legal websites. After reviewing the syllabus, we started discussing a hypothetical situation regarding the disclosure of an intercepted cell phone conversation. The assignment for Thursday, 9/4 is to read the first chapter of the text.
Thursday, May 1, 2008
May 1, 2008
POS 282--Introduction to American Law
In class today, Thursday 5/1, we finished our discussion of Chapter 6 of the text. I also went over one recent Maine case regarding res judicata (claim preclusion) St. John v. Jordan, 2008 ME 68. I distributed one handout regarding the logical problem from the Jewelers Mutual Insurance case on p. 261 of the text.
The second exam will be on Tuesday, May 6 from 10:30 until 11:45, and will cover Chapters three through six. I expect everyone to take the exam at that time. If for any reason you will not be at the exam, you must contact me by e-mail as soon as possible, or you will receive a zero for the exam.
CMJ 375-- Mass Media Law
In class today, Thursday 5/1, we finished our discussion of Chapter 8 of the text. I also went over two Maine cases, one regarding trademark law (Best Flavors v. Mystic River Brewing) and one regarding Maine Unfair Competition law (Lapointe Machine Tool Co. v. J.N. Lapointe Co.). I distributed one handout with excerpts from the Maine trademark statute.
The second exam will be on Tuesday, May 6 from 1:30 until 2:45, and will cover Chapters five through eight. I expect everyone to take the exam at that time. If for any reason you will not be at the exam, you must contact me by e-mail as soon as possible, or you will receive a zero for the exam.
In class today, Thursday 5/1, we finished our discussion of Chapter 6 of the text. I also went over one recent Maine case regarding res judicata (claim preclusion) St. John v. Jordan, 2008 ME 68. I distributed one handout regarding the logical problem from the Jewelers Mutual Insurance case on p. 261 of the text.
The second exam will be on Tuesday, May 6 from 10:30 until 11:45, and will cover Chapters three through six. I expect everyone to take the exam at that time. If for any reason you will not be at the exam, you must contact me by e-mail as soon as possible, or you will receive a zero for the exam.
CMJ 375-- Mass Media Law
In class today, Thursday 5/1, we finished our discussion of Chapter 8 of the text. I also went over two Maine cases, one regarding trademark law (Best Flavors v. Mystic River Brewing) and one regarding Maine Unfair Competition law (Lapointe Machine Tool Co. v. J.N. Lapointe Co.). I distributed one handout with excerpts from the Maine trademark statute.
The second exam will be on Tuesday, May 6 from 1:30 until 2:45, and will cover Chapters five through eight. I expect everyone to take the exam at that time. If for any reason you will not be at the exam, you must contact me by e-mail as soon as possible, or you will receive a zero for the exam.
Tuesday, April 29, 2008
April 29. 2008
POS 282--Introduction to American Law
In class today, Tuesday 4/29, we continued our discussion of Chapter 6 of the text, getting through the Atkins case on page 240. I distributed one handout, Maine Civil and Criminal Statutes of Limitation. I also discussed one Maine statute of limitations ski area case, Sanchez v. Sunday River, 802 F. Supp. 539 (D. Me, 19992). The assignment for Thursday 5/1 is to read and prepare to discuss the reminder of Chapter 6.
CMJ 375-- Mass Media Law
In class today, Tuesday 4/29, I first returned the Nunez papers, and went over them. We continued our discussion of Chapter 8 of the text. I discussed two Maine cases, one a recent Law Court FOAA case, Blethen Maine Newspapers v. Portland School Committee, 2008 ME 69, and the other a First Circuit Trademark/First Amendment case, LL Bean v. Drake Publishers, 811 F.2d 26 (1st Cir., 1987). The assignment for Thursday 5/1 is to read and prepare to discuss the reminder of Chapter 8.
In class today, Tuesday 4/29, we continued our discussion of Chapter 6 of the text, getting through the Atkins case on page 240. I distributed one handout, Maine Civil and Criminal Statutes of Limitation. I also discussed one Maine statute of limitations ski area case, Sanchez v. Sunday River, 802 F. Supp. 539 (D. Me, 19992). The assignment for Thursday 5/1 is to read and prepare to discuss the reminder of Chapter 6.
CMJ 375-- Mass Media Law
In class today, Tuesday 4/29, I first returned the Nunez papers, and went over them. We continued our discussion of Chapter 8 of the text. I discussed two Maine cases, one a recent Law Court FOAA case, Blethen Maine Newspapers v. Portland School Committee, 2008 ME 69, and the other a First Circuit Trademark/First Amendment case, LL Bean v. Drake Publishers, 811 F.2d 26 (1st Cir., 1987). The assignment for Thursday 5/1 is to read and prepare to discuss the reminder of Chapter 8.
Thursday, April 24, 2008
April 24. 2008
POS 282--Introduction to American Law
In class today, Thursday 4/24, we finished our discussion of Chapter 5 of the text, and went on to Chapter 6. Regarding the concept of standing in Chapter 6, I also went over two recent U.S. Supreme Court cases, Hein v. Freedom From Religion Foundation, and Massachusetts v. EPA. We discussed through the Sullivan case on p. 232. The assignment for Tuesday 4/29 is to read and prepare to discuss through page 257 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 4/24, we finished our discussion of fair use, and spent most of the class going over the Nunez memo that was due today. I also discussed one other fair use case, Hustler v. Moral Majority. The assignment for Tuesday 4/29 is to read and prepare to discuss the remainder of Chapter 8 of the text.
In class today, Thursday 4/24, we finished our discussion of Chapter 5 of the text, and went on to Chapter 6. Regarding the concept of standing in Chapter 6, I also went over two recent U.S. Supreme Court cases, Hein v. Freedom From Religion Foundation, and Massachusetts v. EPA. We discussed through the Sullivan case on p. 232. The assignment for Tuesday 4/29 is to read and prepare to discuss through page 257 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 4/24, we finished our discussion of fair use, and spent most of the class going over the Nunez memo that was due today. I also discussed one other fair use case, Hustler v. Moral Majority. The assignment for Tuesday 4/29 is to read and prepare to discuss the remainder of Chapter 8 of the text.
Tuesday, April 22, 2008
April 22. 2008
POS 282--Introduction to American Law
In class today, Tuesday 4/22, I returned the Brown/Ireland case briefs. We continued our discussion of Chapter 5 of the text, getting through the Cody case on p. 215. The assignment for Thursday 4/24 is to read and prepare to discuss up to page 240 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 4/22, we continued our discussion of Chapter 8 of the text. We got up to page 323, the Fair Use Defense. The assignment for Thursday 4/24 is to read and prepare to discuss through the remainder of Chapter 8, as well as to complete the memo assignment assigned last Thursday.
In class today, Tuesday 4/22, I returned the Brown/Ireland case briefs. We continued our discussion of Chapter 5 of the text, getting through the Cody case on p. 215. The assignment for Thursday 4/24 is to read and prepare to discuss up to page 240 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 4/22, we continued our discussion of Chapter 8 of the text. We got up to page 323, the Fair Use Defense. The assignment for Thursday 4/24 is to read and prepare to discuss through the remainder of Chapter 8, as well as to complete the memo assignment assigned last Thursday.
Thursday, April 17, 2008
April 17, 2008
POS 282--Introduction to American Law
In class today, Thursday 4/17, I collected the 2 case briefs, and we went over the assignment. We went over the Libby case on p. 203 of the text. The assignment for Tuesday April 22 is to read and prepare to discuss the remainder of Chapter 5 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 4/17, I distributed two handouts: one is the assignment due next Thursday 4/24, and the other was the text of the recently passed Maine shield law for journalists. We began our discussion of copyright law. The assignment for Tuesday April 22 is to read and prepare to discuss through p. 331 of the text.
CMJ 375 Assignment #3 Sol Goldman April 17, 2008
This assignment is due at the beginning of class on Thursday, April 24, 2008
Assume that you are still a reporter for that very same small, but locally influential Maine newspaper that you worked for in the previous assignment. The paper can not really afford to consult with an attorney, but one consideration by the newspaper in the decision to hire you was your assurance that you had taken a Mass Media Law class in college, and could pretty much figure out this law stuff on your own.
You have been assigned to research and write an investigative report about a scandal in your small town (this is not the assignment for CMJ 375-it’s just part of the story). It turns out that the First Selectman of the town, a crusader for “moral uprightness”, has had something of a little lapse: he has been observed going to the nearby big city, and frequenting a certain prostitute. The town is outraged, and some are calling for the Selectman’s resignation. This is definitely a good story for the paper.
But you need a photograph to spice up the story. The prostitute is making herself scarce since the story came out (apparently in fear of being charged with a crime herself). It just so happens, though, that you have acquired a photograph of the prostitute in question. The “madame” of the house supplied potential customers of the house with enticing photographs of the prostitutes, and you have a friend who had earlier obtained such a photograph. They are not otherwise available, but your friend has given you his photograph of the woman.
The photo just shows the woman’s face, though with an enticing smile. It was taken for the purpose of letting the patrons get a sense of the physical appearance of the prostitutes.
The professional photographer who took the picture (and holds the rights to the photo) has gotten wind of the Selectman’s story, and would like to profit from the controversy. Understanding that you want to use the photo, he offers you a license for a ridiculously high price. There’s no way that you could or would pay his price, and so you’re thinking that you might just go ahead and use the photo without any payment or agreement, as “fair use”.
Your editor likes the way you think, but she needs another memo from you about the law that governs the question of whether the paper can publish the photo without permission, as “fair use”.
Your editor has asked you to write her a memo detailing the propriety of publishing the photo. You have discovered one First Circuit case that seems especially on point, Nunez. v. Caribbean International News Corp. 235 F.3d 18 (1st. Cir., 2000).
You should read the case carefully. Then write your memo to your editor,
1) explaining the existing law to her, both the outlines of the statutory law, and the step by step analysis undertaken by the Nunez Court
2) analyzing whether you would expect the same outcome as in the Nunez case, or whether it would be distinguishable, and why you reach the conclusion that you do. (compare and contrast your facts to those in the Nunez case). Be specific; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
In addition to the usual analysis that you would do, the editor does have two specific questions that she would like to know about:
1) does it make any difference if she runs the picture on the front page of the paper (better for sales) as opposed to an inside page
2) since you’re not paying the photographer anyway, do you need to attribute the photo to the photographer, or can you just say that the photo is from the paper’s files.
Make sure to use the format of a memo. When citing the Nunez case, the first time you cite it, use correct citation form, but after that cite it simply as Nunez at p.___
To access the Nunez case, go to the “slip opinion” at
www.ca1.uscourts.gov/pdf.opinions/99-2266-01A.pdf
(Please use this site and use the pagination from this site when you cite the case in your assignment).
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 4/24, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
In class today, Thursday 4/17, I collected the 2 case briefs, and we went over the assignment. We went over the Libby case on p. 203 of the text. The assignment for Tuesday April 22 is to read and prepare to discuss the remainder of Chapter 5 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 4/17, I distributed two handouts: one is the assignment due next Thursday 4/24, and the other was the text of the recently passed Maine shield law for journalists. We began our discussion of copyright law. The assignment for Tuesday April 22 is to read and prepare to discuss through p. 331 of the text.
CMJ 375 Assignment #3 Sol Goldman April 17, 2008
This assignment is due at the beginning of class on Thursday, April 24, 2008
Assume that you are still a reporter for that very same small, but locally influential Maine newspaper that you worked for in the previous assignment. The paper can not really afford to consult with an attorney, but one consideration by the newspaper in the decision to hire you was your assurance that you had taken a Mass Media Law class in college, and could pretty much figure out this law stuff on your own.
You have been assigned to research and write an investigative report about a scandal in your small town (this is not the assignment for CMJ 375-it’s just part of the story). It turns out that the First Selectman of the town, a crusader for “moral uprightness”, has had something of a little lapse: he has been observed going to the nearby big city, and frequenting a certain prostitute. The town is outraged, and some are calling for the Selectman’s resignation. This is definitely a good story for the paper.
But you need a photograph to spice up the story. The prostitute is making herself scarce since the story came out (apparently in fear of being charged with a crime herself). It just so happens, though, that you have acquired a photograph of the prostitute in question. The “madame” of the house supplied potential customers of the house with enticing photographs of the prostitutes, and you have a friend who had earlier obtained such a photograph. They are not otherwise available, but your friend has given you his photograph of the woman.
The photo just shows the woman’s face, though with an enticing smile. It was taken for the purpose of letting the patrons get a sense of the physical appearance of the prostitutes.
The professional photographer who took the picture (and holds the rights to the photo) has gotten wind of the Selectman’s story, and would like to profit from the controversy. Understanding that you want to use the photo, he offers you a license for a ridiculously high price. There’s no way that you could or would pay his price, and so you’re thinking that you might just go ahead and use the photo without any payment or agreement, as “fair use”.
Your editor likes the way you think, but she needs another memo from you about the law that governs the question of whether the paper can publish the photo without permission, as “fair use”.
Your editor has asked you to write her a memo detailing the propriety of publishing the photo. You have discovered one First Circuit case that seems especially on point, Nunez. v. Caribbean International News Corp. 235 F.3d 18 (1st. Cir., 2000).
You should read the case carefully. Then write your memo to your editor,
1) explaining the existing law to her, both the outlines of the statutory law, and the step by step analysis undertaken by the Nunez Court
2) analyzing whether you would expect the same outcome as in the Nunez case, or whether it would be distinguishable, and why you reach the conclusion that you do. (compare and contrast your facts to those in the Nunez case). Be specific; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
In addition to the usual analysis that you would do, the editor does have two specific questions that she would like to know about:
1) does it make any difference if she runs the picture on the front page of the paper (better for sales) as opposed to an inside page
2) since you’re not paying the photographer anyway, do you need to attribute the photo to the photographer, or can you just say that the photo is from the paper’s files.
Make sure to use the format of a memo. When citing the Nunez case, the first time you cite it, use correct citation form, but after that cite it simply as Nunez at p.___
To access the Nunez case, go to the “slip opinion” at
www.ca1.uscourts.gov/pdf.opinions/99-2266-01A.pdf
(Please use this site and use the pagination from this site when you cite the case in your assignment).
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 4/24, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
Tuesday, April 15, 2008
April 15, 2008
POS 282--Introduction to American Law
In class today, Tuesday 4/15, we discussed the first two cases of Chapter 5 of the text. I distributed one handout, selections from the Maine Rules of Court. I also discussed one Maine case, Phillips v. Johnson, 2003 ME 127. The assignment for Thursday, 4/17 is to finish reading and prepare to discuss the remainder of Chapter 5 of the text. In addition, the case brief assignment #3 is due on Thursday 4/17.
CMJ 375--Mass Media Law
In class today, Tuesday 4/15, we discussed the remainder of Chapter 7 of the text. I distributed one handout, Rule 501 of the federal rules of evidence. I also discussed two Maine case, State v. Hohler and in re Letellier. The assignment for Thursday, 4/17 is to read and prepare to discuss through page 323 of Chapter 8 of the text.
In class today, Tuesday 4/15, we discussed the first two cases of Chapter 5 of the text. I distributed one handout, selections from the Maine Rules of Court. I also discussed one Maine case, Phillips v. Johnson, 2003 ME 127. The assignment for Thursday, 4/17 is to finish reading and prepare to discuss the remainder of Chapter 5 of the text. In addition, the case brief assignment #3 is due on Thursday 4/17.
CMJ 375--Mass Media Law
In class today, Tuesday 4/15, we discussed the remainder of Chapter 7 of the text. I distributed one handout, Rule 501 of the federal rules of evidence. I also discussed two Maine case, State v. Hohler and in re Letellier. The assignment for Thursday, 4/17 is to read and prepare to discuss through page 323 of Chapter 8 of the text.
Thursday, April 10, 2008
April 10, 2008
POS 282--Introduction to American Law
In class today, Thursday 4/10, I first distributed the assignment for next Thursday, which is copied below. We discussed the rest of the cases through the end of Chapter 4 of the text. The assignment for Tuesday 4/15 is to read and prepare to discuss through page 204 of the text, as well as to begin work on the assignment below.
Assignment due Thursday, April 17, 2008
The assignment is to do two abbreviated case briefs: the first is of the case of Brown v. Thaler, 2005 ME 75 and the second is of Ireland v. Carpenter, 2005 ME 98. The cases can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--select “2005 Opinions”
--select 2005 ME 75, Brown v. Thaler
--select 2005 ME 98, Ireland v. Carpenter
For the Ireland case, only brief Section II (B) of the opinion, “Service on Loyen”. Just to clarify what I understand to be the situation, Loyen and Carpenter share a duplex house, which means that there are two different addresses on the house, one for each half of the duplex.
What I mean by ”abbreviated case brief” is that I want you to do only the Citation, Parties, Appellant’s Contentions, Facts, Issues, and Holdings. Your briefs will be evaluated on the format, as well as the specific content.
These are both cases in which the brief is more useful if you utilize an “even though...” portion of the Issues, and Holdings (and include any facts used there in your Facts section). This means that you include the opposite argument (opposite to what the Court holds) to show what the other (losing) side was arguing. For example: “Under the rules of our class, may a student make cell phone calls during the class when such calls are disruptive, even though there was no specific prohibition on such calls in the syllabus.” The “Facts” would include both “ such calls are disruptive” and “there was no specific prohibition on such calls in the syllabus”.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 4/17, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT: If you e-mail your brief to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Thursday 4/10, we continued going over the concepts in Chapter 7 of the text. We were discussing "Access to Proceedings", and will continue with that section and the rest of the Chapter on Tuesday. The assignment for Tuesday 4/15 is to review and prepare to discuss through the end of Chapter 7 of the text.
In class today, Thursday 4/10, I first distributed the assignment for next Thursday, which is copied below. We discussed the rest of the cases through the end of Chapter 4 of the text. The assignment for Tuesday 4/15 is to read and prepare to discuss through page 204 of the text, as well as to begin work on the assignment below.
Assignment due Thursday, April 17, 2008
The assignment is to do two abbreviated case briefs: the first is of the case of Brown v. Thaler, 2005 ME 75 and the second is of Ireland v. Carpenter, 2005 ME 98. The cases can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--select “2005 Opinions”
--select 2005 ME 75, Brown v. Thaler
--select 2005 ME 98, Ireland v. Carpenter
For the Ireland case, only brief Section II (B) of the opinion, “Service on Loyen”. Just to clarify what I understand to be the situation, Loyen and Carpenter share a duplex house, which means that there are two different addresses on the house, one for each half of the duplex.
What I mean by ”abbreviated case brief” is that I want you to do only the Citation, Parties, Appellant’s Contentions, Facts, Issues, and Holdings. Your briefs will be evaluated on the format, as well as the specific content.
These are both cases in which the brief is more useful if you utilize an “even though...” portion of the Issues, and Holdings (and include any facts used there in your Facts section). This means that you include the opposite argument (opposite to what the Court holds) to show what the other (losing) side was arguing. For example: “Under the rules of our class, may a student make cell phone calls during the class when such calls are disruptive, even though there was no specific prohibition on such calls in the syllabus.” The “Facts” would include both “ such calls are disruptive” and “there was no specific prohibition on such calls in the syllabus”.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 4/17, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT: If you e-mail your brief to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Thursday 4/10, we continued going over the concepts in Chapter 7 of the text. We were discussing "Access to Proceedings", and will continue with that section and the rest of the Chapter on Tuesday. The assignment for Tuesday 4/15 is to review and prepare to discuss through the end of Chapter 7 of the text.
Tuesday, April 8, 2008
April 8, 2008
POS 282--Introduction to American Law
In class today, Tuesday 4/8, we finished the Edwards case, and discussed the Kerry Steel case (p. 161) and Bohlander, p. 162. I also went over two cases not in the text: Landmark Realty v. Leasure, 2004 ME 85, and Bowles v. Russell, 127 S. Ct. 2360. We will continue in the text on Thursday with the Ruhrgas case on p. 169. Also on Thursday, I will distribute the final case brief assignment, which will be due on Thursday 4/17. The assignment for Thursday 4/10 is to finish reading and prepare to discuss the remainder of Chapter 4 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 4/8, I returned the Blethen papers, and we went over that assignment some more. I went over two cases under the FOAA regarding Dennis Dechaine. I distributed a handout with Maine Constitution, laws, and Bar Rules regarding the justice system and the press. we began our discussion of Chapter 7 of the text, through to p. 259. The assignment for Thursday 4/10 is to finish reading and prepare to discuss the remainder of Chapter 7 of the text.
In class today, Tuesday 4/8, we finished the Edwards case, and discussed the Kerry Steel case (p. 161) and Bohlander, p. 162. I also went over two cases not in the text: Landmark Realty v. Leasure, 2004 ME 85, and Bowles v. Russell, 127 S. Ct. 2360. We will continue in the text on Thursday with the Ruhrgas case on p. 169. Also on Thursday, I will distribute the final case brief assignment, which will be due on Thursday 4/17. The assignment for Thursday 4/10 is to finish reading and prepare to discuss the remainder of Chapter 4 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 4/8, I returned the Blethen papers, and we went over that assignment some more. I went over two cases under the FOAA regarding Dennis Dechaine. I distributed a handout with Maine Constitution, laws, and Bar Rules regarding the justice system and the press. we began our discussion of Chapter 7 of the text, through to p. 259. The assignment for Thursday 4/10 is to finish reading and prepare to discuss the remainder of Chapter 7 of the text.
Thursday, April 3, 2008
April 3, 2008
POS 282--Introduction to American Law
In class today, Thursday 4/3, we finished our discussion of Chapter 3. We then started Chapter 4, and began, but did not finish, going over the Edwards case on p. 157. The assignment for Tuesday, 4/8, is to read and prepare to discuss the remainder of Chapter 4 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 4/3, I collected the Blethen papers, and we discussed the assignment. I distributed a handout of the Maine statute regarding confidentiality of investigations of teacher's certificates, and we discussed recent proposals to amend the law. The assignment for Tuesday 4/8 is to read and prepare to discuss through p. 281 of the text.
In class today, Thursday 4/3, we finished our discussion of Chapter 3. We then started Chapter 4, and began, but did not finish, going over the Edwards case on p. 157. The assignment for Tuesday, 4/8, is to read and prepare to discuss the remainder of Chapter 4 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 4/3, I collected the Blethen papers, and we discussed the assignment. I distributed a handout of the Maine statute regarding confidentiality of investigations of teacher's certificates, and we discussed recent proposals to amend the law. The assignment for Tuesday 4/8 is to read and prepare to discuss through p. 281 of the text.
Tuesday, April 1, 2008
April 1. 2008
POS 282--Introduction to American Law
In class today, Tuesday 4/1, I returned the Flaherty case briefs, along with a Comment Key that I distributed, and we discussed Flaherty some more. Then we went over the Strunk and Hubbard cases in the text. On Thursday 4/3 we will finish Chapter 3, (finally) and move on to Chapter 4 of the text. The assignment for Thursday 4/3 is to read and prepare to discuss through page 167 of the text.
CMJ 375--Mass Media law
In class today, Tuesday 4/1, I distributed one new handout, Maine statutes regarding trespass. I went over one case regarding e-mail privacy, Fitch v. Doe. We discussed the trespass and access portions of the text. I also talked about one recent case involving the Maine FOAA, Cyr v. Madawaska. The assignment for Thursday 4/3 is to read and prepare to discuss through the end of Chapter 6 of the text. The rest of the assignment is to write the Blethen paper that was assigned last week, and which is due Thursday 4/3.
In class today, Tuesday 4/1, I returned the Flaherty case briefs, along with a Comment Key that I distributed, and we discussed Flaherty some more. Then we went over the Strunk and Hubbard cases in the text. On Thursday 4/3 we will finish Chapter 3, (finally) and move on to Chapter 4 of the text. The assignment for Thursday 4/3 is to read and prepare to discuss through page 167 of the text.
CMJ 375--Mass Media law
In class today, Tuesday 4/1, I distributed one new handout, Maine statutes regarding trespass. I went over one case regarding e-mail privacy, Fitch v. Doe. We discussed the trespass and access portions of the text. I also talked about one recent case involving the Maine FOAA, Cyr v. Madawaska. The assignment for Thursday 4/3 is to read and prepare to discuss through the end of Chapter 6 of the text. The rest of the assignment is to write the Blethen paper that was assigned last week, and which is due Thursday 4/3.
Thursday, March 27, 2008
March 27, 2008
POS 282---Introduction to American Law
In class today, Thursday 3/27, I collected the Flaherty case briefs, and we discussed the case brief for the class period. On Tuesday 4/1, I will return the case briefs, and we will finish up our discussion of Chapter 3 of the text. The additional assignment for Tuesday 4/1 is to read through page 167 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 3/27, I distributed 2 handouts. One was the assignment due next Thursday 4/3, and the other was a set of Maine statutes regarding the Maine FOAA and related statutes. We went over the rest of Chapter 5 of the text. I also discussed one additional Maine case, Veilleux v. NBC, 206 F.3d 92. The assignment for Tuesday 4/1 is to begin working on the memo assignment, and to read through page 243 of the text.
CMJ 375 Assignment #2 Sol Goldman March 27, 2008
This assignment is due at the beginning of class on Thursday, April 3, 2008
Assume that you are a reporter for a very small, but locally influential Maine newspaper. The paper can not really afford to consult with an attorney, but one consideration by the newspaper in the decision to hire you was your assurance that you had taken a Mass Media Law class in college, and could pretty much figure out this law stuff on your own.
You have been assigned to research and write an investigative report regarding a long time teacher n the local school. He had taught for about 20 years, and he had died about five years ago. Only recently, though, have rumors started being passed around in town that the man in fact was a pedophile, who had abused numerous students over the years. The County District Attorney has investigated the rumors, and written a report on his investigation, but will not be prosecuting, because the teacher is dead. (Even though the teacher is dead though, there’s plenty of speculation that the School Board, or maybe the School Superintendent, or maybe the Principal of the school, knew or suspected, or should have suspected, the true nature of the teacher.) The District Attorney interviewed several of the alleged victims of the teacher, some of whom came forward to talk to the D.A. when they learned that there was an investigation (without any promise of confidentiality by the D.A.), and others whom the D.A. sought out once he had learned their names from other victims (and who agreed to talk only after the D.A. had sought them out and promised them confidentiality.)
Anyway, getting your hands on the report that the D.A. prepared would be great, You could expect that the circulation of your little paper would soar if you could get enough information to write up a good story.
Your editor has asked you to write her a memo detailing the chances of getting a copy of the D.A.’s report, in whole or in part. You have discovered one Maine case that seems especially on point, Blethen Maine Newspapers v. State of Maine, 2005 ME 56. (You can find the case by going to the Maine Supreme Court website--http://www.courts.state.me.us/opinions/supreme/index.html and selecting the 2005 cases, and then #56- this case.)
You should read the case carefully, including all four of the opinions in the case. Then write your memo to your editor, explaining the law to her, and specifically analyzing whether you would expect the same outcome as in the Blethen case, or whether it would be distinguishable, and why you reach the conclusion that you do. Be specific; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 4/3, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
In class today, Thursday 3/27, I collected the Flaherty case briefs, and we discussed the case brief for the class period. On Tuesday 4/1, I will return the case briefs, and we will finish up our discussion of Chapter 3 of the text. The additional assignment for Tuesday 4/1 is to read through page 167 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 3/27, I distributed 2 handouts. One was the assignment due next Thursday 4/3, and the other was a set of Maine statutes regarding the Maine FOAA and related statutes. We went over the rest of Chapter 5 of the text. I also discussed one additional Maine case, Veilleux v. NBC, 206 F.3d 92. The assignment for Tuesday 4/1 is to begin working on the memo assignment, and to read through page 243 of the text.
CMJ 375 Assignment #2 Sol Goldman March 27, 2008
This assignment is due at the beginning of class on Thursday, April 3, 2008
Assume that you are a reporter for a very small, but locally influential Maine newspaper. The paper can not really afford to consult with an attorney, but one consideration by the newspaper in the decision to hire you was your assurance that you had taken a Mass Media Law class in college, and could pretty much figure out this law stuff on your own.
You have been assigned to research and write an investigative report regarding a long time teacher n the local school. He had taught for about 20 years, and he had died about five years ago. Only recently, though, have rumors started being passed around in town that the man in fact was a pedophile, who had abused numerous students over the years. The County District Attorney has investigated the rumors, and written a report on his investigation, but will not be prosecuting, because the teacher is dead. (Even though the teacher is dead though, there’s plenty of speculation that the School Board, or maybe the School Superintendent, or maybe the Principal of the school, knew or suspected, or should have suspected, the true nature of the teacher.) The District Attorney interviewed several of the alleged victims of the teacher, some of whom came forward to talk to the D.A. when they learned that there was an investigation (without any promise of confidentiality by the D.A.), and others whom the D.A. sought out once he had learned their names from other victims (and who agreed to talk only after the D.A. had sought them out and promised them confidentiality.)
Anyway, getting your hands on the report that the D.A. prepared would be great, You could expect that the circulation of your little paper would soar if you could get enough information to write up a good story.
Your editor has asked you to write her a memo detailing the chances of getting a copy of the D.A.’s report, in whole or in part. You have discovered one Maine case that seems especially on point, Blethen Maine Newspapers v. State of Maine, 2005 ME 56. (You can find the case by going to the Maine Supreme Court website--http://www.courts.state.me.us/opinions/supreme/index.html and selecting the 2005 cases, and then #56- this case.)
You should read the case carefully, including all four of the opinions in the case. Then write your memo to your editor, explaining the law to her, and specifically analyzing whether you would expect the same outcome as in the Blethen case, or whether it would be distinguishable, and why you reach the conclusion that you do. Be specific; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 4/3, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
Tuesday, March 25, 2008
March 25, 2008
POS 282--Introduction to American Law
In class today, Tuesday 3/25, we went over the Butler and Apsey cases in the textbook. On Thursday, 3/27, the Flaherty case brief is due, and, after going over that case, we will continue with the cases in Chapter III of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 3/25, we finished going over the casebook regarding the four privacy torts. I also discussed 3 Maine cases, one very recent case regarding the Maine anti-SLAPP statute, and 2 cases regarding various claims of invasion of privacy. On Thursday, 3/27, I will assignment Paper #2, which will be due on Thursday April 3. The assignment for Thursday 3/27 is to review the reminder of Chapter 5 of the text.
In class today, Tuesday 3/25, we went over the Butler and Apsey cases in the textbook. On Thursday, 3/27, the Flaherty case brief is due, and, after going over that case, we will continue with the cases in Chapter III of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 3/25, we finished going over the casebook regarding the four privacy torts. I also discussed 3 Maine cases, one very recent case regarding the Maine anti-SLAPP statute, and 2 cases regarding various claims of invasion of privacy. On Thursday, 3/27, I will assignment Paper #2, which will be due on Thursday April 3. The assignment for Thursday 3/27 is to review the reminder of Chapter 5 of the text.
Thursday, March 20, 2008
March 20, 2008
POS 282--Introduction to American Law
In class today, Thursday 3/20, I first distributed the assignment that is due a week from today, Thursday 3/27. It is copied below. Then we finished our discussion of the Raich case, and I also went over another case, Gonzales v. Oregon. The assignment for Tuesday, 3/25, is to begin working on the case brief, and to review the remainder of Chapter 3 of the text.
Assignment due Thursday, March 27 2008
The assignment is to do a Case Brief of the case of Flaherty v. Allstate Insurance. The case can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--select “2003 Opinions”
--select 2003 ME 72, Flaherty v. Allstate Insurance
Do not brief the final issue (Part IV) of the decision, but brief the other issues.
Follow the format from the Sample Briefs that I’ve distributed. Note especially that the Facts, Issues, and Holding are copied and pasted. Whatever you put into the Fact section should appear exactly in your Issue and Holding sections as well. Your Issue and Holding sections should be identical, except that the issue is a question, and the Holding is the answer to that question. Your briefs will be evaluated on the format, as well as the specific content.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 3/27, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT: If you e-mail your brief to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Thursday 3/20, we continued with our discussion of Invasions of Privacy, going over Appropriation and Publicity given to Private Facts. We will continue with Chapter 5 on Tuesday 3/25. The assignment for 3/25 is to review the remainder of Chapter 5 of the text.
In class today, Thursday 3/20, I first distributed the assignment that is due a week from today, Thursday 3/27. It is copied below. Then we finished our discussion of the Raich case, and I also went over another case, Gonzales v. Oregon. The assignment for Tuesday, 3/25, is to begin working on the case brief, and to review the remainder of Chapter 3 of the text.
Assignment due Thursday, March 27 2008
The assignment is to do a Case Brief of the case of Flaherty v. Allstate Insurance. The case can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--select “2003 Opinions”
--select 2003 ME 72, Flaherty v. Allstate Insurance
Do not brief the final issue (Part IV) of the decision, but brief the other issues.
Follow the format from the Sample Briefs that I’ve distributed. Note especially that the Facts, Issues, and Holding are copied and pasted. Whatever you put into the Fact section should appear exactly in your Issue and Holding sections as well. Your Issue and Holding sections should be identical, except that the issue is a question, and the Holding is the answer to that question. Your briefs will be evaluated on the format, as well as the specific content.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 3/27, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT: If you e-mail your brief to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Thursday 3/20, we continued with our discussion of Invasions of Privacy, going over Appropriation and Publicity given to Private Facts. We will continue with Chapter 5 on Tuesday 3/25. The assignment for 3/25 is to review the remainder of Chapter 5 of the text.
Tuesday, March 18, 2008
March 18, 2008
POS 282--Introduction to American Law
In class today, Tuesday 3/18, we began our discussion of Chapter 3 of the text. We got through Part III of the Raich decision. The assignment for Thursday 3/20 is to review the remainder of Chapter 3 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 3/18, we began our discussion of Chapter 5 of the text.I also discussed 2 Maine invasion of privacy cases, Estate of Berthiaume v. Pratt, and Nelson v. Maine Times. The assignment for Thursday 3/20 is to review the remainder of Chapter 5 of the text.
In class today, Tuesday 3/18, we began our discussion of Chapter 3 of the text. We got through Part III of the Raich decision. The assignment for Thursday 3/20 is to review the remainder of Chapter 3 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 3/18, we began our discussion of Chapter 5 of the text.I also discussed 2 Maine invasion of privacy cases, Estate of Berthiaume v. Pratt, and Nelson v. Maine Times. The assignment for Thursday 3/20 is to review the remainder of Chapter 5 of the text.
Thursday, February 28, 2008
February 28, 2008
POS 282--Introduction to American Law
In class today, Thursday 2/28, I handed back the exam, and we went over it. The assignment for Tuesday 2/18 is to read and prepare to discuss Chapter 3 of the text. Have a great Spring Break.
CMJ 375--Mass Media Law
In class today, Thursday 2/28, I handed bcak the exam, and we went over it. The assignment for Tuesday 2/18 is to read and prepare to discuss Chapter 5 of the text. Have a great Spring Break.
In class today, Thursday 2/28, I handed back the exam, and we went over it. The assignment for Tuesday 2/18 is to read and prepare to discuss Chapter 3 of the text. Have a great Spring Break.
CMJ 375--Mass Media Law
In class today, Thursday 2/28, I handed bcak the exam, and we went over it. The assignment for Tuesday 2/18 is to read and prepare to discuss Chapter 5 of the text. Have a great Spring Break.
Tuesday, February 26, 2008
February 26, 2008
POS 282--Introduction to American Law
In class today, Tuesday, 2/26, Maine's Attorney General, Steve Rowe came and talked to the class. On Thursday, 2/28, I will return the exams, and we will go over them.
CMJ 375--Mass Media Law
In class today, Tuesday 2/26, we had our first exam. On Thursday, 2/28, I will return the exams, and we will go over them.
In class today, Tuesday, 2/26, Maine's Attorney General, Steve Rowe came and talked to the class. On Thursday, 2/28, I will return the exams, and we will go over them.
CMJ 375--Mass Media Law
In class today, Tuesday 2/26, we had our first exam. On Thursday, 2/28, I will return the exams, and we will go over them.
Thursday, February 21, 2008
February 21, 2008
POS 282--Introduction to American Law
In class today, Thursday 2/21, we had our first exam. On Tuesday, 2/26 Maine Attorney General Steve Rowe will speak to our class. On Thursday 2/28 I will return the exams and we will go over them.
CMJ 375--Mass Media Law
In class today, Thursday 2/21, we finished our discussion of Chapter 4 of the text. I went over three defamation cases, Haworth v. Feigon, Gomes v. University of Maine System, and Beal v. Bangor Publishing. On Tuesday, 2/26 we will have our first exam.
In class today, Thursday 2/21, we had our first exam. On Tuesday, 2/26 Maine Attorney General Steve Rowe will speak to our class. On Thursday 2/28 I will return the exams and we will go over them.
CMJ 375--Mass Media Law
In class today, Thursday 2/21, we finished our discussion of Chapter 4 of the text. I went over three defamation cases, Haworth v. Feigon, Gomes v. University of Maine System, and Beal v. Bangor Publishing. On Tuesday, 2/26 we will have our first exam.
Tuesday, February 19, 2008
February 19, 2008
POS 282--Introduction to American Law
In class today, Tuesday 2/19, we finished our discussion of Chapter 2 of the text. i also talked about one recent U.S. Supreme Court decision, Philip Morris v. Williams, regarding punitive damages. On Thursday 2/21, we will have our first exam, covering through Chapter 2. If for any reason you are not able to come, you must get in touch with me as soon as possible. (You must make up the test before the time that it is handed back to the class.)
CMJ 375--Mass Media Law
In class today, Tuesday 2/19, I returned the Caron/Milkovich papers, and we went over some common problems. I had the class do a sample test in preparation for our first exam on Tuesday, 2/26. We then continued going over how Maine has dealt with some of the legal issues regarding defamation. The assignment for Thursday 2/21 is to read and prepare to discuss through p. 191 of the text.
In class today, Tuesday 2/19, we finished our discussion of Chapter 2 of the text. i also talked about one recent U.S. Supreme Court decision, Philip Morris v. Williams, regarding punitive damages. On Thursday 2/21, we will have our first exam, covering through Chapter 2. If for any reason you are not able to come, you must get in touch with me as soon as possible. (You must make up the test before the time that it is handed back to the class.)
CMJ 375--Mass Media Law
In class today, Tuesday 2/19, I returned the Caron/Milkovich papers, and we went over some common problems. I had the class do a sample test in preparation for our first exam on Tuesday, 2/26. We then continued going over how Maine has dealt with some of the legal issues regarding defamation. The assignment for Thursday 2/21 is to read and prepare to discuss through p. 191 of the text.
Thursday, February 14, 2008
February 14, 2008
POS 282--Introduction to American Law
In class today, Thursday 2/14, I first went over sample question for the first test, which will be on Thursday 2/21. We finished our discussion of the Gregg case, and also discussed Martin Luther King Jr.'s Letter from the Birmingham Jail. The assignment for Tuesday 2/19 is to finish reading and preparing to discuss all of Chapter 2 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 2/14, we first went over the Caron/Milkovich paper due today. I distributed one handout, a collection of Maine statutes regarding defamation. I also went over three cases not in the text, the First Circuit Riley case, the California Supreme Court Hebrew Academy case, and the Maine Supreme Court Morse Brothers case. The assignment for Tuesday 2/19 is to read and prepare to discuss through page 187 of the text.
In class today, Thursday 2/14, I first went over sample question for the first test, which will be on Thursday 2/21. We finished our discussion of the Gregg case, and also discussed Martin Luther King Jr.'s Letter from the Birmingham Jail. The assignment for Tuesday 2/19 is to finish reading and preparing to discuss all of Chapter 2 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 2/14, we first went over the Caron/Milkovich paper due today. I distributed one handout, a collection of Maine statutes regarding defamation. I also went over three cases not in the text, the First Circuit Riley case, the California Supreme Court Hebrew Academy case, and the Maine Supreme Court Morse Brothers case. The assignment for Tuesday 2/19 is to read and prepare to discuss through page 187 of the text.
Tuesday, February 12, 2008
February 12, 2008
POS 282--Introduction to American Law
In class today, Tuesday 2/12, we went over the Goss briefs. I handed those papers back, and also distributed a key to understanding my Goss brief comments.
We also began our discussion of the Gregg v. Georgia case in Chapter 2 of the text.
The assignment for Thursday 2/14 is to read and prepare to discuss through p. 83 of the text. Also on Thursday I will go over the format and sample questions for our first test, which will be on Thursday 2/21.
CMJ 375--Mass Media Law
In class today, Tuesday 2/12, I distributed one handout, a letter published in the Maine Campus, and we used that letter to go over the 6 elements of the tort of libel. I also went over the requirements for the Milkovich/Caron paper that is due on Thursday.
The assignment for Thursday 2/14 is to write that paper that was assigned last week. Also, read and prepare to discuss through the end of Chapter 4 of the text.
In class today, Tuesday 2/12, we went over the Goss briefs. I handed those papers back, and also distributed a key to understanding my Goss brief comments.
We also began our discussion of the Gregg v. Georgia case in Chapter 2 of the text.
The assignment for Thursday 2/14 is to read and prepare to discuss through p. 83 of the text. Also on Thursday I will go over the format and sample questions for our first test, which will be on Thursday 2/21.
CMJ 375--Mass Media Law
In class today, Tuesday 2/12, I distributed one handout, a letter published in the Maine Campus, and we used that letter to go over the 6 elements of the tort of libel. I also went over the requirements for the Milkovich/Caron paper that is due on Thursday.
The assignment for Thursday 2/14 is to write that paper that was assigned last week. Also, read and prepare to discuss through the end of Chapter 4 of the text.
Thursday, February 7, 2008
February 7, 2008
POS 282--Introduction to American Law
In class today, Thursday 2/7, I collected the Goss case briefs. We finished our discussion of Katko and Suggs. We started, but did not finish, discussing the Goss brief. On Tuesday 2/12 I will (hopefully) hand back the Goss case briefs, and we will discuss them, as well as Chapter 2. The assignment for Tuesday 2/12 is to read and prepare to discuss pages 63-90 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 2/7, I distributed one handout, which is the assignment due next Thursday 2/14. We finished our discussion of Chapter 3 and the jury instructions in the 2 Soldier of Fortune cases. We also went over the concepts of federal jurisdiction and conflict of law rules. The assignment for Tuesday 2/12 is to read and prepare to discuss pages 109-148 of the text. Also, the assignment is copied below:
This assignment is due at the beginning of class on Thursday, February 14
1) Read the attached Maine Supreme Court case of Caron v. Bangor Publishing Co. 470 A.2d 782 (Me, 1984).
2) Go to this website to read the full text of the 1990 decision of the U.S. Supreme Court in the case of Milkovich v. Lorain Journal Co 497 US 1 (1990)
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0497_0001_ZS.html
(there are other sites as well, but this one is well laid out)
Read both the majority and the dissenting opinions.
3) Both cases deal with the characterization of fact v. opinion in defamation law. The 1984 Caron case was decided based on what the Maine Supreme Court understood at the time to be the applicable constitutional standard, but the U.S. Supreme Court in the 1990 Milkovich case changed those rules somewhat.
4) Write a paper (approximately 2-3 double-spaced pages) summarizing in your own words:
a) what the Maine Supreme Court decided in the Caron case regarding how to characterize a statement as either fact or opinion, and what the consequence is of that designation for whether the statement is actionable.
b) what the majority decision of the U.S. Supreme Court decided in the Milkovich case regarding how to characterize a statement as either fact or opinion, and what the consequence is of that designation for whether the statement is actionable.
c) whether, and in what way, the Milkovich majority opinion would change the analysis and outcome of the Caron case
d) whether, and in what way, the Milkovich dissenting opinion would change the analysis and outcome of the Caron case
e) whether you find the majority or the dissenting opinion in Milkovich more persuasive, and why.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 2/14, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
In class today, Thursday 2/7, I collected the Goss case briefs. We finished our discussion of Katko and Suggs. We started, but did not finish, discussing the Goss brief. On Tuesday 2/12 I will (hopefully) hand back the Goss case briefs, and we will discuss them, as well as Chapter 2. The assignment for Tuesday 2/12 is to read and prepare to discuss pages 63-90 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 2/7, I distributed one handout, which is the assignment due next Thursday 2/14. We finished our discussion of Chapter 3 and the jury instructions in the 2 Soldier of Fortune cases. We also went over the concepts of federal jurisdiction and conflict of law rules. The assignment for Tuesday 2/12 is to read and prepare to discuss pages 109-148 of the text. Also, the assignment is copied below:
This assignment is due at the beginning of class on Thursday, February 14
1) Read the attached Maine Supreme Court case of Caron v. Bangor Publishing Co. 470 A.2d 782 (Me, 1984).
2) Go to this website to read the full text of the 1990 decision of the U.S. Supreme Court in the case of Milkovich v. Lorain Journal Co 497 US 1 (1990)
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0497_0001_ZS.html
(there are other sites as well, but this one is well laid out)
Read both the majority and the dissenting opinions.
3) Both cases deal with the characterization of fact v. opinion in defamation law. The 1984 Caron case was decided based on what the Maine Supreme Court understood at the time to be the applicable constitutional standard, but the U.S. Supreme Court in the 1990 Milkovich case changed those rules somewhat.
4) Write a paper (approximately 2-3 double-spaced pages) summarizing in your own words:
a) what the Maine Supreme Court decided in the Caron case regarding how to characterize a statement as either fact or opinion, and what the consequence is of that designation for whether the statement is actionable.
b) what the majority decision of the U.S. Supreme Court decided in the Milkovich case regarding how to characterize a statement as either fact or opinion, and what the consequence is of that designation for whether the statement is actionable.
c) whether, and in what way, the Milkovich majority opinion would change the analysis and outcome of the Caron case
d) whether, and in what way, the Milkovich dissenting opinion would change the analysis and outcome of the Caron case
e) whether you find the majority or the dissenting opinion in Milkovich more persuasive, and why.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 2/14, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
Tuesday, February 5, 2008
February 5, 2008
POS 282--Introduction to American Law
In class today, Tuesday 2/5, I began by announcing that the test originally scheduled for Tuesday 2/26 has been rescheduled to Thursday 2/21, and that on Tuesday 2/26 we will have Maine Attorney General Stephen Rowe come address the class. (Think of questions.)
We went over some questions regarding the Goss v. Lopez case brief, and then continued in our discussion of the Katko case. On Thursday, 2/7, we will finish Katko and the first chapter, and also go over the Goss brief that is due at the beginning of class on Thursday 2/7.
CMJ 375--Mass Media Law
In class today, Tuesday 2/5, I distributed one handout, excerpts from the jury instructions in the two Soldier of Fortune magazine cases. We continued through the concepts of Chapter 3, and I also went over one case that wasn't in the text, Orozco v. Dallas Morning News. The assignment for Thursday 2/7 is to review the remainder of Chapter 3, read the Soldier of Fortune excerpts, and then read through p. 145 in the text.
In class today, Tuesday 2/5, I began by announcing that the test originally scheduled for Tuesday 2/26 has been rescheduled to Thursday 2/21, and that on Tuesday 2/26 we will have Maine Attorney General Stephen Rowe come address the class. (Think of questions.)
We went over some questions regarding the Goss v. Lopez case brief, and then continued in our discussion of the Katko case. On Thursday, 2/7, we will finish Katko and the first chapter, and also go over the Goss brief that is due at the beginning of class on Thursday 2/7.
CMJ 375--Mass Media Law
In class today, Tuesday 2/5, I distributed one handout, excerpts from the jury instructions in the two Soldier of Fortune magazine cases. We continued through the concepts of Chapter 3, and I also went over one case that wasn't in the text, Orozco v. Dallas Morning News. The assignment for Thursday 2/7 is to review the remainder of Chapter 3, read the Soldier of Fortune excerpts, and then read through p. 145 in the text.
Thursday, January 31, 2008
January 31, 2008
POS 282--Introduction to American Law
In class today, Thursday 1/31, we finished talking about the Glucksberg case, and discussed the case of Connecticut v. Doe. We began talking about the Katko case, and how to brief it. I distributed 2 handouts, one a brief of the Katko case, and the second the homework assignment due next Thursday 2/7. The assignment for Tuesday 2/5 is to prepare to discuss the remainder of Chapter 1 of the text.
The written assignment due at the beginning of class on Thursday 2/7 is to do a Case Brief of the case of Goss v. Lopez. The case can be found on the website of our textbook.
To access the case, go to
http://college.hmco.com/pic/schubert9e
select “student website”
select “general resources”
select “additional cases”
select “chapter 1”
select “Goss v. Lopez”
The Brief should be in exactly the format used in the Sample Brief Template distributed in class, and the two Case Briefs distributed.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 2/7, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
CMJ 375--Mass Media Law
In class today, Thursday 1/31, we began out discussion of Chapter 3 of the text. I distributed one handout, an excerpt from HR 1955. We will finish talking about Chapter 3 on Tuesday 2/5. The assignment is to review Chapter 3, and also to read Chapter 4 of the text, which we will begin next week after we finish Chapter 3.
In class today, Thursday 1/31, we finished talking about the Glucksberg case, and discussed the case of Connecticut v. Doe. We began talking about the Katko case, and how to brief it. I distributed 2 handouts, one a brief of the Katko case, and the second the homework assignment due next Thursday 2/7. The assignment for Tuesday 2/5 is to prepare to discuss the remainder of Chapter 1 of the text.
The written assignment due at the beginning of class on Thursday 2/7 is to do a Case Brief of the case of Goss v. Lopez. The case can be found on the website of our textbook.
To access the case, go to
http://college.hmco.com/pic/schubert9e
select “student website”
select “general resources”
select “additional cases”
select “chapter 1”
select “Goss v. Lopez”
The Brief should be in exactly the format used in the Sample Brief Template distributed in class, and the two Case Briefs distributed.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 2/7, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
CMJ 375--Mass Media Law
In class today, Thursday 1/31, we began out discussion of Chapter 3 of the text. I distributed one handout, an excerpt from HR 1955. We will finish talking about Chapter 3 on Tuesday 2/5. The assignment is to review Chapter 3, and also to read Chapter 4 of the text, which we will begin next week after we finish Chapter 3.
Tuesday, January 29, 2008
January 29, 2008
POS 282--Introduction to American Law
In class today, Tuesday 1/29, I distributed one handout, a sample brief for the Glucksberg case. We first went over how to outline the Glucksberg decision, and then discussed some of the issues regarding physician-assisted suicide and fundamental rights. We began going over the sample brief of Glucksberg, but did not finish. On Thursday 1/31 we will finish that case, and then discuss the Sex Offender Registry case. After that on Thursday, we will go over how to brief the Katko case on p. 47. The assignment for Thursday 1/31 is to prepare a brief of the Katko case,for discussion in class. You will not hand your brief in, but I do expect you to be prepared with your version of the brief. Also on Thursday, I will assign your first graded homework assignment, a case brief, which will be due Thursday 2/7.
CMJ 375--Mass Media Law
In class today, Tuesday 1/29, we began with a discussion of the free speech rights of professors in private colleges. We then discussed the law regarding prior restraint. I went over the Maine case of Maine Board of Dental Examiners v. Dhuy 2003 ME 75. We went over a variety of issues from Chapter 2 of the text, including: the use of original intent to decide the meaning of the Constitution, the scope of the Bill of Rights as being limited to Congress only, (as opposed to the other branches of the federal government), FCC rule changes regarding the concentration of media ownership, and the recent U.S. Supreme Court case of Stoneridge v. Scientific-Atlanta regarding the rights of shareholders to sue companies which engaged in fraud together with the company whose stock price was being manipulated. The assignment for Thursday 1/31 is to read Chapter 3 of the textbook.
In class today, Tuesday 1/29, I distributed one handout, a sample brief for the Glucksberg case. We first went over how to outline the Glucksberg decision, and then discussed some of the issues regarding physician-assisted suicide and fundamental rights. We began going over the sample brief of Glucksberg, but did not finish. On Thursday 1/31 we will finish that case, and then discuss the Sex Offender Registry case. After that on Thursday, we will go over how to brief the Katko case on p. 47. The assignment for Thursday 1/31 is to prepare a brief of the Katko case,for discussion in class. You will not hand your brief in, but I do expect you to be prepared with your version of the brief. Also on Thursday, I will assign your first graded homework assignment, a case brief, which will be due Thursday 2/7.
CMJ 375--Mass Media Law
In class today, Tuesday 1/29, we began with a discussion of the free speech rights of professors in private colleges. We then discussed the law regarding prior restraint. I went over the Maine case of Maine Board of Dental Examiners v. Dhuy 2003 ME 75. We went over a variety of issues from Chapter 2 of the text, including: the use of original intent to decide the meaning of the Constitution, the scope of the Bill of Rights as being limited to Congress only, (as opposed to the other branches of the federal government), FCC rule changes regarding the concentration of media ownership, and the recent U.S. Supreme Court case of Stoneridge v. Scientific-Atlanta regarding the rights of shareholders to sue companies which engaged in fraud together with the company whose stock price was being manipulated. The assignment for Thursday 1/31 is to read Chapter 3 of the textbook.
Thursday, January 24, 2008
January 24, 2008
POS 282--Introduction to American Law
In class today, Thursday 1/24, we finished the analysis of the AAC case. we then compared the Bangor Parade Ordinance with that of Dearborn, to see if Bangor's would pass the constitutional tests of the AAC case. I distributed one handout, the format for a case brief. The assignment for Tuesday 1/29 is to review the remainder of Chapter One, especially with a close, paragraph-by-paragraph reading of the Glucksberg case.
CMJ 375--Mass Media Law
In class today, Thursday 1/24, we continued our discussion of the First Amendment chapter. I distributed one handout, the Sedition Act of 1798. We went over the concept of over- and under-inclusiveness from the First National Bank of Boston case. The assignment for Tuesday 1/29 is to review the remainder of Chapter 2.
In class today, Thursday 1/24, we finished the analysis of the AAC case. we then compared the Bangor Parade Ordinance with that of Dearborn, to see if Bangor's would pass the constitutional tests of the AAC case. I distributed one handout, the format for a case brief. The assignment for Tuesday 1/29 is to review the remainder of Chapter One, especially with a close, paragraph-by-paragraph reading of the Glucksberg case.
CMJ 375--Mass Media Law
In class today, Thursday 1/24, we continued our discussion of the First Amendment chapter. I distributed one handout, the Sedition Act of 1798. We went over the concept of over- and under-inclusiveness from the First National Bank of Boston case. The assignment for Tuesday 1/29 is to review the remainder of Chapter 2.
Tuesday, January 22, 2008
January 22, 2008
POS 282--Introduction to American Law
In class today, Tuesday 1/22, we began by discussing a Maine case regarding preemption that the Supreme Court just accepted. We spent most of the class going carefully through the AAC v. Dearborn case. We got through the 30 day notice requirement. We also discussed the concept of mandatory authority v. persuasive authority. On Thursday 1/24, we will finish with the AAC case, and then continue with Chapter 1 of the text. The assignment for Thursday is to review Chapter 1 of the text.
CMJ 373--Mass Media Law
In class today, Tuesday 1/22, we began by discussing a Maine case regarding preemption that the Supreme Court just accepted. We discussed the Boehner v. McDermott decision of the D.C. Circuit, and how the different opinions in that case reflected different readings of the holding in the Bartnicki case. We also discussed the concepts of mandatory authority v. persuasive authority, and following v. distinguishing precedent. The assignment for Thursday is to read the rest of Chapter 2 of the text.
In class today, Tuesday 1/22, we began by discussing a Maine case regarding preemption that the Supreme Court just accepted. We spent most of the class going carefully through the AAC v. Dearborn case. We got through the 30 day notice requirement. We also discussed the concept of mandatory authority v. persuasive authority. On Thursday 1/24, we will finish with the AAC case, and then continue with Chapter 1 of the text. The assignment for Thursday is to review Chapter 1 of the text.
CMJ 373--Mass Media Law
In class today, Tuesday 1/22, we began by discussing a Maine case regarding preemption that the Supreme Court just accepted. We discussed the Boehner v. McDermott decision of the D.C. Circuit, and how the different opinions in that case reflected different readings of the holding in the Bartnicki case. We also discussed the concepts of mandatory authority v. persuasive authority, and following v. distinguishing precedent. The assignment for Thursday is to read the rest of Chapter 2 of the text.
Thursday, January 17, 2008
January 17, 2008
POS 282--Introduction to American Law
In class today, Thursday 1/17, we finished our discussion of Virginia v. Moore, and also added another recent case in the same line of cases, Atwater v. Lago Vista. We discussed a number of legal concepts, including following v. distinguishing precedent; the bases of federal jurisdiction; and citation form for caselaw. We began our discussion of AAC v, Dearborn. I distributed two handouts, one an excerpt from the Bangor parade ordinance, and the other, my version of the holdings of AAC v. Dearborn. The assignment for Tuesday 1/22 is to 1) finish reading chapter one of the text; 2)review the Bangor Ordinance and decide if you think that it is constitutional under the test announced in the AAC case; and 3)compare my version of the AAC holdings with the sample holdings on p. 26 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 1/17, we continued our discussion of Bartnicki v. Vopper. At the end of the class period I also introduced another case regarding interception of cellphone conversation, Boehner v. McDermott. We'll continue with that case next week. The assignment for Tuesday 1/22 is to read through p.57 of the textbook.
In class today, Thursday 1/17, we finished our discussion of Virginia v. Moore, and also added another recent case in the same line of cases, Atwater v. Lago Vista. We discussed a number of legal concepts, including following v. distinguishing precedent; the bases of federal jurisdiction; and citation form for caselaw. We began our discussion of AAC v, Dearborn. I distributed two handouts, one an excerpt from the Bangor parade ordinance, and the other, my version of the holdings of AAC v. Dearborn. The assignment for Tuesday 1/22 is to 1) finish reading chapter one of the text; 2)review the Bangor Ordinance and decide if you think that it is constitutional under the test announced in the AAC case; and 3)compare my version of the AAC holdings with the sample holdings on p. 26 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 1/17, we continued our discussion of Bartnicki v. Vopper. At the end of the class period I also introduced another case regarding interception of cellphone conversation, Boehner v. McDermott. We'll continue with that case next week. The assignment for Tuesday 1/22 is to read through p.57 of the textbook.
Tuesday, January 15, 2008
January 15, 2008
POS 282--Introduction to American Law
In class today, Tuesday, 1/15, after a general introduction, I distributed two handouts: the syllabus, and a listing of useful legal websites. I asked students to log onto the library's Lexis/Nexis Academic site. We went over the organization of the state and federal court systems, and then we discussed the U.S. Supreme Court oral argument yesterday in the case of Virginia v. Moore. The reading assignment for Thursday 1/17 is to read pages 1-28 in the text.
CMJ 375--Mass Media Law
In class today, Tuesday, 1/15, after a general introduction, I distributed three handouts: the syllabus, a listing of useful legal websites, and federal and state law regarding interception of cellphone conversations. I asked students to log onto the library's Lexis/Nexis Academic site. We went over the organization of the federal court systems, and then we discussed statutes, constitutional provisions, and the U.S. Supreme Court case of Bartnicki v. Vopper, 532 U.S. 514 regarding broadcast of an intercepted cellphone conversation. The reading assignment for Thursday 1/17 is to read Chapter 1 in the text.
In class today, Tuesday, 1/15, after a general introduction, I distributed two handouts: the syllabus, and a listing of useful legal websites. I asked students to log onto the library's Lexis/Nexis Academic site. We went over the organization of the state and federal court systems, and then we discussed the U.S. Supreme Court oral argument yesterday in the case of Virginia v. Moore. The reading assignment for Thursday 1/17 is to read pages 1-28 in the text.
CMJ 375--Mass Media Law
In class today, Tuesday, 1/15, after a general introduction, I distributed three handouts: the syllabus, a listing of useful legal websites, and federal and state law regarding interception of cellphone conversations. I asked students to log onto the library's Lexis/Nexis Academic site. We went over the organization of the federal court systems, and then we discussed statutes, constitutional provisions, and the U.S. Supreme Court case of Bartnicki v. Vopper, 532 U.S. 514 regarding broadcast of an intercepted cellphone conversation. The reading assignment for Thursday 1/17 is to read Chapter 1 in the text.
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