The New York Times has an interesting story about the slow dwindling audience share of CNN:
Partisan News: The Return of a Nasty Weed
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Justice Scalia’s Dossier: Joel Reidenberg Responds
Professor Joel Reidenberg has asked me to post the following response to the story regarding his Justice Scalia dossier class assignment [link no longer available]:
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Family Privacy Rights in Death-Scene Images of the Deceased
In Newsweek, Jessica Bennett tells the tragic story about a family being harassed by the spread of death-scene images of their daughter, who was killed in an automobile accident. The photos of Nikki Catsouras were particularly gruesome — Nikki was decapitated in the crash. According to the article, soon after the crash, photos taken by the California Highway Patrol started circulating on the Internet:
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CCR Symposium: Anonymity and Traceability
In an interesting and thoughtful critique of Danielle Citron’s Cyber Civil Rights, Michael Froomkin argues that Danielle’s proposal to require ISPs to maintain records of IP addresses will spell “the complete elimination of anonymity on the US portion of the Internet in order to root out hateful speech.” Anonymous speech should be strongly protected, as it is key to allowing people to express themselves candidly and openly, without fear of reprisal. It is especially important to promote dissenting views that are outside the mainstream of conventional thought. But the key issue with anonymity online is: How much do we want to protect it? Anonymous speech can lead to harmful defamation, invasion of privacy, intentional infliction of emotional distress, as well as criminal conduct, such as the spread of child porn. Is there a way to protect anonymity yet not let it get too out of hand?
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Blacklisted from Health Insurance
For the millions of people losing their jobs and having to obtain health insurance on their own, they are in for quite some difficulty if they have a pre-existing condition. According to the Miami Herald:
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Jurors as Second-Class Citizens
Recently, I blogged about Professor Robert Martin’s article about his experience serving as a juror. He makes another point in his article that is worth discussing:
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Should We Have Professional Juries?
According to Legal Profession Blog:
The New Jersey Appellate Division reversed an $876,000 plaintiff’s verdict in a slip-and-fall case where the plaintiff had fallen while looking for pantyhose in aisle five of a supermarket owned by the defendant. . . . [T]he jury foreperson was a New Jersey State Senator, full-time law professor and lawyer who had published an article in the New Jersey Law Journal about his experiences serving as a juror. The defendant contended that the article “disclosed that he improperly influenced the jurors and that there was apparent misunderstanding of the jury charges.”
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Rethinking Free Speech and Civil Liability
When does civil liability for speech trigger First Amendment protections?
Recently, Professor Neil Richards and I posted on SSRN our new article exploring this question: Rethinking Free Speech and Civil Liability, 109 Columbia Law Review (forthcoming 2009).
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Statutory Damages and the Tenenbaum Litigation
There’s an interesting new podcast up on Intellectual Property Colloquium, and it includes a terrific lineup of guests:
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A-Rod, Rihanna, and Confidentiality
Over at Emergent Chaos, Adam Shostack raises an interesting issue regarding Alex Rodriguez (A-Rod) and confidentiality. According to the rules in place about the baseball steroid testing back in 2003, the results of these tests were supposed to be confidential. According to Gregg Doyel at CBS:
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