Ernie the Attorney : Searching for Truth & Justice (in an unjust world)
Updated: 6/1/2002; 9:44:14 AM.

 















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Friday, May 03, 2002


Corporate PR Campaigns Lose Speech Protection

The California Supreme Court ruled that companies can be sued for false advertising over policy statements made in public relations campaigns. The court, relying on U.S. Supreme Court case law, said statements by Nike Inc. denying allegations that some overseas factories are sweatshops were a form of commercial speech not protected by the First Amendment. [Law.com]


8:56:02 PM    


Random Drug Testing for Nicotine???

 In Hartford City, Ind., Blackford High School has banned senior Rob Mahon, 18, from the senior prom after he tested positive for nicotine in a random drug test. [TheIndyChannel.com] via [Overlawyered.com]

Are we going overboard? 


11:45:37 AM    


Wireless technology in Law Schools - I have a question

I'm going to a meeting tomorrow (I'm on my law school's visiting committee) and I have a question about wireless in the classroom.  I noticed in the report they sent me that Loyola is planning on installing wireless access in the law school (I'm not exactly sure what that means in terms of scope of coverage etc).  It made me wonder how many law schools currently have wireless, and what sorts of wireless access they have?  Jenny?  Anyone?


11:30:21 AM    


Top Ten New Copyright Crimes [from Lawmeme] via [Jenny].

"To help develop Mr. Kellner's unfortunately common (at least in Hollywood) view of copyright, LawMeme offers the top ten new copyright crimes, as well as further choice quotes and commentary from Mr. Kellner's interview." [Lawmeme]

To which Jenny adds:

Definitely go read the whole thing for yourself (hint: librarians and librarians come out on top!), because Ernest also does a great job of summarizing reactions across the web to Kellner's recent comments about stealing his beloved content. I'm not sure which is my favorite part of his post - the fact that he found the site J. Kellner, Source of All Evil, or the anonymous comment that reads, "What if you fast forward through the plot of porn movies to the good parts?"  [The Shifted Librarian]

I haven't read all of the links yet, but this posting piques my interest because of the notion (prevalent in the SonicBlue case, and in the recent Dallas Morning News challenge to deep linking) that content providers have a right to force people to view advertising. 

Here's my question:  if the First Amendment protects my right to say stuff (as long as it doesn't hurt people) then doesn't it also protect my right not to listen to stuff too (especially stuff that is beamed at me purely to entice me to buy things)?  God, I hope so.


11:14:46 AM    


The Kentucky Derby is tommorrow - Here are Turfman's Picks

My law school class had some world class characters.  Among them was a fellow that we called "The Turfman" for his prowess in selecting good betting opportunities at the local track.  Turfman has gone on to respectability in the legal profession, but has not lost his keen interest in horse racing.  Whenever a major race like the Kentucky Derby is scheduled I ask him for his advice.  Here's is what he sent me by E-mail this morning:

"The picture for me just got a bit blurrier now that Buddha is out. Who knows? Maybe Pat Day wasn't supposed to win on a horse so named. I am defaulting to Saarland based on breeding and sentiment and will key him with 5 or 6 others (Perfect Drift, Request for Parole, Came Home, Essence of Dubai, Private Emblem and Medaglia D'Oro) in a tri hoping to beat the favorite and promptly tilt the tote. Since this race seems like no other, I'm also predicting the first-ever dead heat for the win."  [Turfman]

There you have it folks.  The Run for the Roses is tomorrow.  Good luck with your selections...


10:14:44 AM    


© Copyright 2002 Ernest Svenson.

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