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.
Tuesday, April 29, 2008
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.
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