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.

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.

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.

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.