October 07, 2006

Avoiding the Noose

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Admittedly I've been writing quite a bit about legal-related issues lately. Not because they're always the most scintillating, but because they're darn important. (Maybe we could even talk about some of them them during one of the monthly Communicator Meetups Kami Huyse is organizing in Second Life -- and if Kami promises to be as entertaining as last time, it'd definitely be fun.)

It's my view that we as communications professionals need to know, at a minimum, the very basics in order to help prevent our clients from hanging themselves. Lawyers should obviously be consulted as needed -- although unfortunately, as Tom Biro points out, even they don't always seem to get it right.

So here's another development on the legal front, one that perhaps isn't usually anticipated when an individual or a company starts blogging: blog contents being examined as part of of the jury selection process in order to reduce the potentially adverse affects on a trial and to avoid rogue jurors. Especially for PR professionals active in corporate affairs, reputation management, crisis communication etc., this is something to keep in mind.

The proliferation of blogs and other similar tools raises another interesting question. To what degree would commenting on a blog be regarded as impermissible contact between counsel and opposing party, or between counsel and juror? Certainly lawyers know that they cannot reveal certain information about an active case (and there are rules governing what can be said about past cases as well), but what would prevent a juror from finding an attorney's blog and leaving comments there? My guess is that jury instructions don't yet universally address that.

And to what degree would someone's online statements or prior interaction between an attorney and a potential juror impact the voire dire process, such as dismissing an individual via peremptory challenge or for cause? This isn't mere conjecture. Take a look at this recent online exchange: Although it's unlikely that these two individuals will meet in a court of law, Richmond, Virginia prosecutor Tom McKenna has stated that he'd "definitely be striking him [Chicago-based  Mark Draughn] off any of my jury panels."

Things to think about.

(Photo from tizzie)

October 04, 2006

Dancing Around Landmines: Blogs and Other Communication Tools Aren't Risk-Free

While there is a good reason we have a democratic legal system with corresponding laws that help guide societal behavior (the always debatable issue being, of course, to what degree the legal system impacts individual and societal rights), it's bothersome when the law gets in the way and isn't as progressive as perhaps it should be. 

Case in point is an ABA eReport article that discusses a New York State proposal that would designate legal blogs as advertising, thus subjecting them to state scrutiny and regulation:

"The storm was set off by a proposal that 'computer-accessed communications' such as blogs be included in New York’s definition of legal advertising, and therefore require state scrutiny. The proposal, by a committee created by the state’s Administrative Board of Courts, also suggests the state code of professional responsibility extend court jurisdiction to out-of-state legal advertising that appears in New York....

And if blog posts must be approved, what’s the point? 'This seems to be another in a series of recent regulatory efforts by state bar regulators that seem woefully out of touch with the Internet era,' wrote Dennis Kennedy, a St. Louis lawyer who posts at Between Lawyers." [Read Kennedy's post If Lawyers Can Advertise in New York, They Can Advertise Anywhere...But They Probably Can't.]

Equally bothersome, however, is when individuals expose themselves to legal liability by doing something that appears to be intentionally stupid. I'm referring to examples provided in the USA Today article Courts are asked to crack down on bloggers, websites (via Chris Heuer), such as posting false STD information about someone on Don'tDateHimGirl.com or setting up a fake MySpace.com page that contains obscene content. Not very smart -- and that's an understatement.

September 19, 2006

BlogOrlando: Legal Issues Session Info

Blogorlandologo

Josh Hallet, who is hosting Friday's BlogOrlando conference, emailed the session leaders a reminder that our role isn't to spoon feed the audience with information, but to lead and facilitate the discussion. Phew, that makes it a lot more interesting!

And since the Legal Issues session is scheduled for right after lunch, I hope no one'll be in a food coma when they come back :-)  Why? Well, because this session gives us an opportunity to cover some important areas, such as whether bloggers are considered journalists and if so, what legal protections they may have; libel & slander (and the role of satire); how to protect against liability regarding blog comments left by other people, and so on. And if we have time, we can also talk about what conflict management approaches, short of using cease and desist letters or initiating other legal action, may be open to bloggers.

In other words, this session will hopefully provide basic information that ultimately will help us avoid some mine fields and allow us to focus on what we really enjoy doing -- communicating and interacting with our readers and others in the community. 

Here's a brief list of some helpful sites to know about:

And these lists of blogs, compiled by 3L Epiphany, are also good information sources and commentary to keep on hand:

I recently started bookmarking legal-related information pertinent to blogs, podcasts and vlogging on del.icio.us. While the list definitely isn't comprehensive, maybe you'll find something of interest to you, so feel free to have a look.   

See you Friday!

September 11, 2006

September 11, 2001

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September 06, 2006

Try To Eek Out Some Time for Second Life

Tom Murphy wrote a dizzying post (just reading the comprehensive list of bullet points made me tired, never mind living them) about the challenge of PR professionals to communicate with already inundated and hyper-busy audiences. And while admitting that Second Life sounds interesting, he's decided not to jump into it for the time being because "I only have the one life and there’s too much going on."

Yeah, there are only so many hours in the day... or, as I've been guilty of doing, only so many hours of sleep you can sanely forfeit.

Cyberonescreenshot Still, I've found that my involvement with Second Life so far has been very beneficial.

And now there's another Second Life-based event that I'm looking forward to, Harvard Law School's CyberOne: Law in the Court of Public Opinion, which is about "the creation and delivery of persuasive argument in the new integrated media space constituted by the Internet and other new technologies. Our premise is that 'First World' and corporate domination of entertainment media, laws, and news can be balanced by the voices of individuals, groups and universities who use new media intelligently."

The course is open to Harvard Law students and Harvard Extension School students, but also to anyone with an Internet connection. Check out the course details for at-large participants

Alright, I'm on board.

August 19, 2006

Goodwill: Good Deed Doesn't Go Unpunished?

Note: Please read all updates listed below.

Update 8/24: After posting the update of 8/22, I e-mailed Ms. Walters, Goodwill of Central Virginia's Director of Marketing & Communications:

"As promised, I amended my blog post to reflect the information you shared with me. If for some reason there are inaccuracies in my latest update, please let me know so I can correct them immediately."

An e-mail I received from Ms. Walters this morning explained that there are some remaining inaccuracies and that Goodwill would appreciate that they be corrected. These changes mostly concern what the alleged eyewitness told me. It's important to note that there is a discrepancy between what this individual, who claimed to have been on-site at the time, and Goodwill states -- namely that, based on the surveillance video, only the former employee and the private investigator were on-site at the time, thus putting into question the accuracy of what this "eyewitness" allegedly saw and heard. 

As Goodwill is most likely aware, it is common practice, in support of the blogosphere's spirit of transparency, to correct factual inaccuracies -- especially when they are substantive in nature -- in such a way that readers can follow both the original "error" and the correction. Furthermore, due to earlier versions of a post being captured electronically, "overwriting" entire posts is not recommended.

Therefore, I've attempted to reconfigure the text of the original post to reflect the facts as presented by Ms. Walters via the written edits she submitted to me, in conjunction with the changes made on 8/22. However, I also attempted to stay as true as possible to the story shared with me by the alleged eyewitness in order to accurately report what I was told, keeping in mind that the eyewitness statements are simply one person's interpretation of what actually occurred.      

First a bit of background. Over the past decade I've donated many items to various non-profit organizations, and in the past year to Goodwill of Central Virginia. Most of the time when I stopped at the local donation site a man I'll call "Joe" helped me. "Joe" had been employed by Goodwill for several years and was well-known in the shopping center where the donation site was located. But yesterday "Joe" wasn't there.

Here's what I was told by an eyewitness someone who claimed to be an eyewitness:

A woman came to the donation site with a sob story of how she had just moved into a new place, had little money, and no furniture to put in it. She saw gently used baby equipment at the site and wanted to know if maybe -- please -- she could take it, even though this wasn't really allowed.

Now, "Joe" no doubt knew that he should ignore this plea. But after taking pity on the woman, "Joe" relented.    

Shortly thereafter, "Joe" was fired from his position.

So here are the questions, assuming the incident as outlined above is true and accurate:

  • Should "Joe" have allowed the woman to have the baby equipment? No, as it wasn't his to give away.
  • But would he have been inclined on his own to give someone these items, without being induced?
  • And weren't "Joe's" actions in line -- in spirit, at least -- with Goodwill's mandate of helping people in need? Goodwill's position is that "the resale of donated items funds critical education, training, and career services to help people in need. Donations are the lifeblood of our organization. Fewer donations = less dollars for programs = less people served"
  • Did he, through his actions, violate the organization's Code of Ethical Conduct?
  • Did he personally profit from this action, and should this have factored into Goodwill's decision to terminate him?
  • Was the punishment excessive, and would an option instead have been to give him a reprimand and unpaid time off from work?

Goodwill of Central Virginia's leadership is comprised of several attorneys. Perhaps they were consulted, or helped establish policies, that govern situations as the one mentioned here.

------------------------------------------------------------------------------------------------------------

ORIGINAL POST OF 8/19:

Cvalogo It doesn't take much to question the reputation of an organization -- even an unconfirmed story such as the one outlined below.

First a bit of background. Over the past decade I've donated many items to various non-profit organizations, and in the past year to Goodwill of Central Virginia. Most of the time when I stopped at the local donation site a man I'll call "Joe" helped me. "Joe" had been employed by Goodwill for several years and was well-known in the shopping center where the donation site was located. But yesterday "Joe" wasn't there, apparently the victim of a sting.

Here's what I was told by an eyewitness someone who claimed to be an eyewitness:

A woman came to the donation site with a sob story of how she had just moved into a new place, had little money, and no furniture to put in it. She saw some old pieces at the site and wanted to know if maybe -- please -- she could take it, even though this wasn't really allowed.

Now, "Joe" no doubt knew that he should ignore this plea, regardless of how desperate the woman appeared (and according to the eyewitnesI spoke with, person who claimed to be an eyewitness, she layed it on pretty thick). But after taking pity on the woman, and apparently given the old condition of the furniture, which the eyewitness told me would likely have been disposed of anyhow, "Joe" relented.    

A few moments later, the conversation having been secretly recorded, "Joe" was fired from his position by the very women, actually an employee of Goodwill, who entrapped him (strictly speaking, entrapment is a legal term that involves a law enforcement officer or his agent inducing or persuading someone to commit a crime that he had no previous intent to commit; here the women was neither a part of law enforcement or an agent thereof).   

So here are the questions, assuming the incident as outlined above is true and accurate:

  • Should "Joe" have allowed the woman to have the furniture? No, as it wasn't his to give away.
  • But would he have been inclined on his own to give someone these items, without being induced?
  • And weren't "Joe's" actions in line -- in spirit, at least -- with Goodwill's mandate of helping people in need?
  • Did he, through his actions, violate the organization's Code of Ethical Conduct?
  • Did he personally profit from this action, and should this have factored into Goodwill's decision to terminate him?
  • Was the punishment excessive, and would an option instead have been to give him a reprimand and unpaid time off from work?

Goodwill of Central Virginia's leadership is comprised of several attorneys. Perhaps they were consulted, or helped establish policies, that govern situations as the one mentioned here.

Update 8/21:

I spoke with the supervisor for the donation site, Henry White, and told him that I've been a regular donor to Goodwill and wondered why "Joe" was no longer employed there. Mr. White commented that "[Joe] went on to better things." When I mentioned to him the story I've been hearing, he said "that's not what happened" and referred me to Human Resources.

I called HR Supervisor Michelle Danner and explained to her what I had heard and wondered whether she would comment on the situation, but she referred me on to Missy Murdock, Vice President, HR.

After telling Ms. Murdock that I'm a regular donor to the organization and that I'm concerned about what I'd heard, she stated that she couldn't speak about this. I also mentioned that I work in PR and that, by not commenting, the impression that "Joe" had been somehow set-up was the only one left with the public. Ms. Murdock repeated that she could not comment and thanked me for the call.

--------------------------------

From a public relations perspective, is the negative word-of-mouth surrounding the circumstances of Joe's termination -- which, by the way, is apparently being was characterized as a voluntary quitting by the alleged witness --  worth Goodwill maintaining a "we will not comment under any circumstances" policy? 

While I appreciate Goodwill of Central Virginia's general policy of not commenting on confidential employee matters, the refusal to make a statement explaining its side of this story, even in very broad terms -- and instead leaving the impression that a former employee was terminated under questionable circumstances -- probably isn't an entirely productive approach.       

Additional note:

I've edited this post several times as I've received more information and tried to address the points made in the comments.

Update 8/22:

Aimée P. Walters, Goodwill of Central Virginia's Director of Marketing & Communications, contacted me via e-mail today, and we had a phone conversation about Goodwill's mission, policies and procedures, codes of conduct, employee training, and, of course, the incident discussed above, without divulging any confidences she is obligated to keep either by law or policy. She also mentioned that tomorrow she intends to leave a comment on this post, in order to explain, in the organization's own words, what transpired. And, just to note, Ms. Walters consented to our conversation being "on record."

According to Ms. Walters, Goodwill has a very strict policy governing donated items and loss prevention that is communicated to its employees. Furthermore, it lets its employees know that donation sites are canvassed at random -- which is what Ms. Walters said took place here:

-- A licensed, female private investigator (who is a former undercover police officer), was canvassing several of the donation sites on the day in question. She approached "Joe" and had a 16-second conversation with him, which was recorded on a surveillance video w/o audio, as permissible by law.

-- Based on the communication between the investigator and "Joe," which was transcribed by the investigator (the specifics of which were not shared with me), a policy violation took place that was grounds for termination.

-- The incident did not involve furniture, but instead baby items.

-- The surveillance video did not indicate that any other person besides "Joe" and the investigator were present.    

Not directly related to the facts of this situation, but nevertheless interesting, was that Ms. Walters said she first learned about this post from someone outside Virginia (I believe she said California and Arizona, and maybe she'll confirm that in her upcoming comment) who filled out Goodwill's online form, perhaps this one, and provided a link to the post itself. Only later did she find out, when speaking with Ms. Murdock, that I had contacted Goodwill directly -- it had apparently been Ms. Murdock's understanding that I was simply a concerned donor, which is why my inquiry was not passed on to Ms. Walters. Mentioning that I work in PR did not trigger me being put in touch with Ms. Walters, who deals with media-related matters.

August 01, 2006

Humor Links 8.1.06

The U.S. Federal Government Posts 9/11 Trial Exhibits Online

Box_cutter In a historical move, the U.S. federal government yesterday provided online access to 1,195 of the 1,202 exhibits admitted into evidence during the trial of U.S. v. Moussaoui (United States v. Zacarias Moussaoui, Criminal No. 01-455-A), making this the first time a federal court has done so in a criminal case.   

The exhibits offer insight into one of the most important legal cases of modern history, and their emotional impact can't be overestimated (the exhibits include actual 9/11 video footage and recorded calls, a collection of photos of the victims, as well as graphic photos of bodies found inside the Pentagon after Flight 77 crashed into it).   

As explained in the overview, the exhibits are organized first by the party seeking their admission (Prosecution Trial Exhibits are available here and Defense Trial Exhibits are available here), second by the phase of the trial in which they were introduced (Phase One concerned Moussaoui's eligibility for the death penalty, and Phase Two concerned whether he would be sentenced to death or to life in prison without the possibility of release), and third, by exhibit number.

(Photo of Prosecution Exhibit No. FO08301 available here.)

For BlogOrlando: Legal Definitions of Defamation, Libel, Slander and Harassment

In light of yesterday's post requesting input about BlogOrlando's Legal Issues session, here are some quick definitions of defamation, libel, slander and harassment.

Defamation (from Law.com Dictionary):

n. the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander.

Most states provide for a demand for a printed retraction of defamation and only allow a lawsuit if there is no such admission of error.

Libel (from Law.com Dictionary):

1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others.

Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation.

It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie.

Publication need only be to one person, but it must be a statement which claims to be fact and is not clearly identified as an opinion. While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue....

Most states provide for a party defamed by a periodical to demand a published retraction. If the correction is made, then there is no right to file a lawsuit.... Minor errors in reporting are not libel... 2) v. to broadcast or publish a written defamatory statement.

Slander (from Law.com Dictionary): 

n. oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed.

Slander is a civil wrong (tort) and can be the basis for a lawsuit.

Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove....

Words spoken over the air on television or radio are treated as libel (written defamation) and not slander on the theory that broadcasting reaches a large audience as much as if not more than printed publications.

Harassment (from Law.com Dictionary):

n. the act of systematic and/or continued unwanted and annoying actions of one party or a group, including threats and demands. The purposes may vary, including racial prejudice, personal malice, an attempt to force someone to quit a job or grant sexual favors, apply illegal pressure to collect a bill or merely gain sadistic pleasure from making someone anxious or fearful.

July 31, 2006

BlogOrlando's Legal Issues Session: What Do You Want To Know?

Blogorlandobethere Josh Hallet, with Rollins College, is hosting the free BlogOrlando unconference in September. It'll be a great opportunity to get together and talk about some of the leading ideas in blogging, podcasting, PR, social media and other topics... and, of course, have fun at Walt Disney's Magic Kingdom too (make sure to bring your families).

The list of sessions is available here, with more sessions possibly in the works. One already on the schedule is "Legal Issues," which I'll be leading.

The legal issues around blogging, podcasting and vlogging are still evolving and sometimes tricky. So if there are any particular things you'd specifically like to know more about, please email me or leave a comment and I'll make sure we have the latest information on hand when we meet.

July 28, 2006

The "Association of Trial Lawyers of America" becomes "American Association for Justice" as Part of a PR Overhaul

Courthouse Perhaps the legal profession is not the most loved of all (although it enjoys a surprisingly high degree of prestige), but even among lawyers, the Association of Trial Lawyers of America is a particularly strong lightning rod for hate. Certainly in politically conservative and pro-business circles the mere mention of trial lawyers and ATLA helps open wallets.

Given the seemingly insurmountable negative association that the term trial lawyers has among various constituents, ATLA recently announced that it is changing its name to American Association for Justice.

Notes Ross Fishman, an attorney who works as a legal marketing consultant, "the tort reform movement has done a much better job of marketing this [negative connotation] to the masses. This is a very high-level strategy focusing on multibillion-dollar issues."

Fishman suggests that trial attorneys should "focus on the word ‘justice,’ because people want justice, and they want others to get justice. They’ve let the opposition frame the discussion, and now the trial lawyers are fighting a defensive battle on tort reform’s home ground."

Certainly ATLA's rebranding effort hasn't gone unnoticed by critics. American Tort Reform Association (ATRA) General Counsel Victor Schwartz quipped, "will not a trial lawyer by any other name still find irresistible the sweet smell of self-interested litigation?"

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, described ATLA's decision as "an astounding admission of the unpopularity of trial lawyers in America....Obscuring who they are by removing the words ‘trial’ and ‘lawyer’ from their name is only cosmetic surgery unless it is followed by abandoning the high-dollar business model of industry-targeted lawsuits, followed by a real commitment to comprehensive reform of our civil justice system.”

And attorney Robert J. Ambrogi argued that "ATLA's opponents will remain its opponents. It is not a name change ATLA needs, but better PR and marketing to show the public that it is not a circling shark." 

Although this should not be mistaken as an endorsement for ATLA, from a PR perspective I agree with Ambrogi that the organization needs to improve its image by highlighting its successes to the public and by taking a more aggressive stance in fighting its critics.

Something along the lines of what Bill Staub, ATLA's deputy director of communications, describes this way:

"Trial lawyers must stop playing defense and go on offense, something that’s more difficult than it sounds, given the amount of money and the cast of powerful characters on the other side. But it can be done.

Attempting to refute every charge or lie tort “reformers” level at the civil justice system is a no-win game. Trial lawyers can talk to the point of exhaustion, refuting whatever claim is devised, and still end up on the short end, forced to explain the next line of deceit.

Any time a question about trial lawyers’ integrity is raised, they must question the ulterior motive of those issuing the challenge."

It'll be interesting to see whether the name change from ATLA to AAJ helps in this endeavor.

What do you think?

(Picture of U.S. Courthouse from tomcamption)

July 10, 2006

Technology Helps Manage Logistics and Maintain Parent-Child Bonds Despite Divorce

Stop_1 Divorce is always a sad thing, but especially when dependent children are involved. However, regardless of any past animosity between former spouses, communicating effectively with each other on a regular and ongoing basis -- and approaching the raising of kids as a team effort -- is usually beneficial to everyone in the long run.

Fortunately, there are tools available to help adults manage the logistics of two or more households and schedules.

The KidsNCommon site (fee-based, free for 30 days), for example, helps parents establish a "community" within which an invited person -- the other parent, a relative, a friend, or even the child -- gets access to customized information. This information can include the Parenting Plan (a good resource on parenting plans is ParentingPlan.net), the Documents page, the Bills page (with tabs for Shared Expenses, Child Support, Spousal Support, Bank Accounts and Service Vendors), and the all-important Calendar page. The Calendar allows invited community members to see upcoming events organized according to categories such as Payment Reminder, Work, School Event, Extra Curricular, Recreation, Travel, Vacation, Holiday, Co-Parenting Meeting and Legal -- with optional email reminders sent out as well.   

Kidsncommon KidsNCommon offers other services and benefits as well. For example, community members get their own email address, such as suzysmith@kidsncommon.com, that helps everyone stay in touch and receive schedule reminders. The site also offers information on topics such as child health, dealing with the psychology of divorce, and balancing families, careers and other relationships.   

Sharekidstopblocks ShareKids.com (fee-based) is another site that offers an easy online location to share information and manage schedules, keep track of shared expenses, create photo galleries, and even create private chat rooms.

Sharekid.com also links to other valuable resources such as the Family Mediation Inc.'s downloadable (and, at under $20, affordable) Child Custody Parenting Plans book with forms, Bonus_1and the international non-profit Bonus Families that coined the beautiful term "bonus" to describe "a stepfamily or a single parent living with their children and another adult partner" (I highly recommend this site).

Virtualvisitation_1

In addition to the importance of streamlining communication and schedules for the sake of the children, maintaining and fostering strong parent-child bonds is crucial to helping kids adjust to their new family status, particularly in cases where physical or legal custody is awarded to only one parent.

Virtual visitation can be an important part of helping the non-custodial parent maintain close ties with his or her children, whether the parent lives nearby and can't see the child every day, or lives further away, precluding frequent in-person time together.

InternetVisitation.org describes virtual visitation as "using tools such as personal video conferencing, a webcam, email, instant messaging (IM) and other wired or wireless technologies over the Internet or other communication media to supplement in-person visits and telephone contacts between two people."

The site offers practical how-to information on what's needed to set up a call and a related forum discussing such things as VoIP, Skype, Vonage, video calls and video call accessories. Internet Visitation also lists the latest legislative developments; to date Utah, Wisconsin and Missouri have passed virtual visitation laws, with fifteen other states showing activity.      

Finally, there's also a must-read blog, Virtual Families and Friends.com, written by "virtual dad" Jim Buie and co-authored by his son, Matthew Buie-Nervik. An absolute gold mine of information.

(Image of artwork from Kids' Turn)

May 16, 2006

Another Example of E-mail Fraud

Devil_origami_1I received this e-mail in my general mailbox this evening. I am not a Wells Fargo client.

What's frightening is that this type of identity and information theft must obviously work since otherwise these scummy people wouldn't keep at it.

You'd think that at least they'd make sure their grammar and spelling were correct.

Subject: Wells Fargo Alert: Verify Your Account Details
From: "Wells Fargo Online" <ofsrep.repdsp@wellsfargo.com>
Date: Tue, May 16, 2006 8:48 pm
To: [my general e-mail address]

Dear Wells fargo customer,

Due to recent fraudulent activities on some of Wells Fargo online accounts we are launching a new security system to make our online banking more secure and safe. Before we activate it for all of ours clients we have to check the online accounts details to confirm the authenticity of the holder. We require this as a confirmation that your account is not a subject of identity theft. If you don't take this survey, your account could be suspended or frozen until further notice. Please follow the link below to access our Security Survey:

Sign on

*************************************************************************************

New Security System

We will contact you via email within one business day (Monday thru Friday) to confirm the status of your application. If any problems we will ask that you send us certain personal documentation.

For your protection and for our verification purposes, we will ask you to provide the name of the issuing creditor for:

  • One Credit Card you currently hold (established for 24 months or more)

    If you have any questions, please contact us at wfba@wellsfargo.com.

    *************************************************************************************

    Want to know 10 ways Wells Fargo can help your business? Click here to learn more.

    Thank you and we look forward to serving you and your business.

    Wells Fargo Bank

    *************************************************************************************

    Please do not reply to this message directly, and don't send account numbers or other personal information to the email addresses mentioned here. For questions about your existing Wells Fargo accounts, sign on to online banking and select Contact Us to send us an email.

    *************************************************************************************
  • (Image from Pjil)

    May 02, 2006

    The National Foundation to Prevent Child Sexual Abuse Accuses McDonald's of Hiring Convicted Sex Offenders

    Mc_happyMc_sad_1The National Foundation to Prevent Child Sexual Abuse (NFPCSA) is calling for a boycott of McDonald's restaurants after Nashville station NewsChannel 5 WTVF uncovered that nationwide, McDonald's restaurants have hired "dozens" of convicted sex offenders.

    According to the WTVF report, "McDonald's says it has a policy against hiring sex offenders at its 8,000 or so company owned stores. But at the 18,000 franchise stores that operate under the golden arches, they're free to hire anyone they want."

    WTVF's investigation revealed nine sex offenders in Delaware, thirteen in Indiana and sixteen in Louisiana working in McDonald's restaurants. But, unfortunately:

    "We can't tell you how many other child molesters or other sex offenders are working at McDonald's restaurants here in Tennessee or anywhere else. That's because in most states, including Tennessee, sex offender registries don't have information about employers. So the public can't find out -- until something bad happens."

    No response yet on McDonald's Corporate site.

    (Photo sources: Happy Ronald McDonald here and sad Ronald McDonald here.)

    April 20, 2006

    Animal Legal Defense Fund Releases Ranking of State Animal Protection Laws

    Aldf_poster6_large_web_1 State_rankings_map_1

    Earlier this year the Animal Legal Defense Fund released a 3-page report ranking all fifty U.S. states and the District of Columbia based on the strength and comprehensiveness of their state anti-cruelty laws.

    Although ALDF makes it clear that all the states' laws need to be strengthened, the states that ranked best were California, Illinois, Maine, Michigan and Oregon, while those that ranked worst were Hawaii, Idaho, Kentucky, North Dakota and Utah.

    The latter five states fell into the worst category because, among other things, they either did not have any felony anti-cruelty provisions or because, in the case of Kentucky, felony provisions applied only to select situations.

    ALDF also provides a list of Jurisdictions with Felony Animal Abuse Provisions and the year of enactment.

    By way of quick definition, a felony is "a crime sufficiently serious to be punishable by death or a term in state or federal prison... [or] a crime carrying a minimum term of one year or more in state prison," [note: given the legal status of animals, whether wild or designated as "property," the death penalty has never been, not is unlikely ever to be, imposed in any animal cruelty case], while a  misdemeanor is "a lesser crime punishable by a fine and/or county jail time for up to one year... [and]are tried in the lowest local court such as municipal, police or justice courts."

    April 05, 2006

    Gary Goldhammer Comments On The Zacarias Moussaoui Verdict

    Gary Goldhammer wrote a thought-provoking post about the Zacarias Moussaoui verdict. Gary isn't just your ordinary blogger writing about what is undoubtedly one of the most high-profile death penalty trials in United States history. He's also the author of Dead End, a 1994 book that examines the financial and human costs of the death penalty.

    For anyone who wants to learn more about the death penalty and how it is administered in the U.S., go to Pro-death penalty.com and the Death Penalty Information Center.

    Here are some quick links of interest:

    And to test your knowledge about the death penalty, follow this link to DPIC's 10-question Death Penalty Quiz.

    April 01, 2006

    One-Stop Shopping for Blawgs: A Taxonomy of Legal Blogs

    Ian Best, whom I first wrote about here, e-mailed me this week to let me know his Taxonomy of Legal Blogs is complete.

    Ian has compiled a fantastic list that I know I'll be turning to many times:

    I. General Blogs
    Advice for Lawyers and Law Firms
    General Legal Blogs
    General Blogs -- Law and Culture, Economics, Politics, etc.
    II. Blogs Categorized by Legal Specialty
    Specialty Blogs
       
    III. Blogs Categorized by Law or Legal Event
    Case Blogs
    Statute Blogs
    Trial Blogs
        
    IV. Blogs Categorized by Jurisdictional Scope
    State Blogs
    Federal Circuit Blogs
    U.S. Supreme Court Blogs
        
    V. Blogs Categorized by Author/Publisher
    Anonymous Blogs
    Association Blogs
    Blogs by Judges
    Book Supplement Blogs
    Class and Student Group Blogs
    Institute Blogs
    Law Firm Blogs -- Listed by Blog
    Law Firm Blogs -- Listed by Firm
    Law Journal Blogs
    Law Professor Blogs
    Law Library and Librarian Blogs
    Law Professor Blogs
    Lawyer Webjourals
    Newspaper Blogs
        
    VI. Blogs Categorized by Number of Contributors
    Group Blogs
        
    VII. Miscellaneous Blogs Categorized by Topic
    Blogs about Judges
    Event Blogs
    Fictional Blogs
    Humor Blogs
        
    VIII. Collections of Legal Blogs
    Blog Post Collections
    Legal Blog Collections
    Legal Blog Networks

    Aside from his actual taxonomy, he seems to have the blogging thing down. Ian has a page dedicated exclusively to responses to criticism. And he has dedicated pages requesting reader feedback on Organizational Method, Categories, Legal Blogs and General Comments and Questions.

    Please check out his site. 

    March 30, 2006

    Modern Politics: Think Twice Before Dancing With The Devil

    From The Economist (subscription required):

    "In any war zone where chaos or catastrophe looms, a tyrant with enough power to strike and deliver bargains is a tempting interlocutor. But remember -- today's deal-maker on one front can become tomorrow's trouble-maker by another; and confronting a monster may ultimately be harder if you have spent many years playing down his monstrosity."

    March 28, 2006

    Police Departments Pull Out All Stops To Recruit Officers

    Years ago I took part in a simulated hostage crisis exercise conducted by the Alexandria, Virginia Police Department. The exercise was created to help officers test their negotiation and their rescue skills and, as such, I and my fellow hostages were asked to play our roles as realistically as possible upon finding our bus taken over by a crazed gunman.

    Keeping in mind that this was pre 9/11 and citizens still believed that their compliance might result in a safe release, we tried not to antagonize the gunman. We hoped for the best as he negotiated with the police and just prayed that he wouldn't loose his cool -- no one wants to be shot or killed, even in a simulation. When the officers finally stormed the bus and handcuffed us before dragging us outside onto the pavement, it felt all too real. (Quick note: the officers, not certain who among us was the gunman and who might have developed some loyalty to him, took the precautionary step of handcuffing us all.)

    This little exercise reinforced my belief that law enforcement work isn't easy. Between risking lives for modest pay to dealing with a distrust of police officers among certain segments of the population due to an abuse of the uniform by some, law enforcement work is frequently under-appreciated or even unappreciated.

    Police Now the Washington Post reports that "more than 80 percent of the nation's 17,000 law enforcement agencies, big and small, have vacancies that many can't fill, police officials estimate." With reasons ranging from service-minded people choosing to join the military, to an increase in baby-boomer retirement and a more educated population pursuing other career paths, the police shortage is being felt across the country. 

    According to the Washington Post, some counties, in an effort to attract viable candidates, are offering a variety of incentives such as signing bonuses (Prince William County, Virginia, for example, offers a $3,000 signing bonus), bounties for referrals and pay increases. Prince George's County, Maryland even began a $1 million dollar advertising campaign last summer.

    Police departments have taken other steps as well:

    "Departments have dropped their zero-tolerance policy on drug use and past gang association, eased restrictions on applicants with bad credit ratings, and tweaked physical requirements to make room for more female candidates or smaller male candidates, police officials said. Departments also offer crash courses in reading and remedial English for the written parts of the entrance exam, and provide strength and agility coaches for the physical part -- all of which have raised concerns about how qualified some of the new personnel will be."

    Unfortunately such actions aren't without risk:

    " 'That [hiring less-qualified people] is clearly a concern, and police chiefs are very uneasy about that possibility,' said Hubert Williams, president of the Police Foundation, a law enforcement advocacy group. 'The question is, do we keep our radio cars empty or hire people who a few years ago we wouldn't have hired? It is very problematic.' "

    This sentiment is echoed by others:

    "There are concerns, said Elaine Deck, a researcher at the International Association of Chiefs of Police, that staffing changes and shortages could affect public safety and the well-being of law enforcement officers. The LAPD, for example, is too short-staffed to investigate complaints against its officers, so that many complaints from 2005 may not result in punishment until this year."

    (Photo from FreeFoto.com)

    March 20, 2006

    The Politics of Birth Rates: Declining Birth Rates Among Liberals Foreshadows A More Conservative Future

    In a recent NPR interview, Phillip Longman, author of The Empty Cradle: How Falling Birthrates Threaten World Prosperity And What to Do About It, explains how birth rates and political leanings are intertwined:

    It turns out that people who hold a broad range of social attitudes that most of us would recognize as liberal or progressive on average have dramatically fewer children than people who hold attitudes that most of us recognize as socially conservative....

    All around the world, fertility is falling, but it's falling least among Mormons, Islamic Fundamentalists, Christian Fundamentalists, people who adhere to a more traditional and socially conservative way of life. The three big Abrahamic religions, Judaism, Christianity and Islam are all relentlessly pro-natal. They counsel to go forth and multiply. So it's not entirely surprising that people who take their scripture literally act on it. 

    He points out that the birth rates in Utah and Vermont, for example, vary by 40%. Dissecting the 2004 Unites States presidential race, Longman writes:

    In states where Bush won a popular majority in 2000, the average woman bears 2.11 children in her lifetime -- which is enough to replace the population. In states where Gore won a majority of votes in 2000, the average woman bears 1.89 children, which is not enough to avoid population decline. Indeed, if the Gore states seceded from the Bush states and formed a new nation, it would have the same fertility rate, and the same rapidly aging population, as France -- that bastion of "old Europe."

    If Gore's America (and presumably John Kerry's) is reproducing at a slower pace than Bush's America, what does this imply for the future? Well, as the comedian Dick Cavett remarked, "If your parents never had children, chances are you won't either." When secular-minded Americans decide to have few if any children, they unwittingly give a strong evolutionary advantage to the other side of the culture divide. Sure, some children who grow up in fundamentalist families will become secularists, and vice versa. But most people, particularly if they have children, wind up with pretty much the same religious and political orientations as their parents. If "Metros" don't start having more children, America's future is "Retro."

    And in a just-published article he says:

    In Europe today, for example, how many children different people have, and under what circumstances, correlates strongly with their beliefs on a wide range of political and cultural attitudes. For instance, do you distrust the army? Then, according to polling data assembled by demographers Ronny Lesthaeghe and Johan Surkyn, you are less likely to be married and have kids—or ever to get married and have kids—than those who say they have no objection to the military. Or again, do you find soft drugs, homosexuality, and euthanasia acceptable? Do you seldom, if ever, attend church? For whatever reason, people answering affirmatively to such questions are far more likely to live alone, or in childless, cohabitating unions, than those who answer negatively.

    No_people_114208385_aa494a3bf1_8Does your family size fit the liberal & progressive versus conservative categories described here?

    (Photo from ch3 ch3 ch3)

    March 15, 2006

    Law Journals Have Come A Long Way Since 1995

    It's not often that you get to be a part of history. But in the Spring of 1995, I was part of a pioneering group of law students, led by Rick Klau (now Vice President of Business Development at FeedBurner), that published the Richmond Journal of Law & Technology, the first exclusively online law review. With institutions such as the University of Michigan, Stanford University, U.C. Berkeley's Boalt Hall and others nipping at out heels, it was a mad dash to the finish in order to be able to claim the #1 spot.

    Back then the idea of publishing exclusively online was revolutionary. In fact, many within the legal community thought it quite limiting. But as Rick explained, the advantages were clear:

    "With the benefit of hind-sight and experience, I can safely say that the benefits to electronic publication far outweigh any concerns we might have...

    On March 9 [1995], the First Circuit reversed the lower court in Lotus v. Borland. As soon as we realized this (the day before Spring Break no less), we quickly downloaded the opinion from Westlaw and updated all the cites in the three articles containing footnotes to this case. The significance of this cannot be overstate