Legal Research Blog

 

TwitterDee, TwitterDumb

The National Law Journal is warning users of the latest blogging craze, Twitter, due to its potentially incriminating nature. Twitter, a service that allows for the posting of short messages about what you’re up to, has become the latest in communication. Less invasive and more to the point than Facebook or MySpace, Twitter has created quite a following ranging from University of Chicago Law students and faculty to President-elect Obama. Unfortunately, despite its short and informal nature, legal experts say it has just as much power as an email or letter. Concern is rising that the use of this application could lead to major problems particularly in the corporate world as people forget that every word counts when it’s on the Internet.
Investigators of the effects of communications technology say that often times the shorter the message, the worse its consequence. With your audience unable to decipher a tone or interpret your purpose, implications can run rampant leading to allegations of libel, defamation, exposing sensitive information and more. With only 140 words available and misinterpretation the biggest problem arising from the Twitter trend, there doesn’t seem to be an easy solution to this problem of the future. If you’re wondering how to avoid any “tweet” mishaps yourself, take a look at this checklist for Twitter etiquette and remember, if it’s tied to your name, you had better be prepared to defend it.

Source: Law.com

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Drunk Driving at Your Child’s Discretion

Christmas came a few days early for a young New Jersey woman who was vindicated this week after questions regarding a police report made over three years ago were finally settled. Her call to police, made in 2005 to report her father’s drunk driving, was proclaimed sufficient evidence for stopping a vehicle. On the night of the incident, the then 17-year-old, spoke with authorities twice, first to report a domestic disturbance followed by the allegation that her father had left their home and was operating a vehicle under the influence. What ensued was three years worth of trials, appeals and disputes.

Though his initial challenge to his drunk driving charge was ignored, Paul Amelio emerged victorious from appeals court as judges determined that his teenage daughter was unreliable when it came to recognizing drunken behavior. What could have been an open and shut case was made more complex due to Mr. Amelio’s refusal to take a breathalyzer. With the court having no concrete evidence of Amelio’s alleged drunken behavior, they were forced to determine the case based on the discretion of a 17-year-old girl.

When the case arrived at the New Jersey Supreme Court this fall, justices determined after hearing arguments that pop culture along with long established legal procedure played a large role in determining the outcome. In their decision, justices note that the signs of drunken behavior have become common knowledge and would not be unrecognizable to a teenager simply because they are not of age. In addition, the mere self-identification of the teen to authorities meant she submit herself to the liability that comes with reporting illegal behavior. If authorities had determined that she had falsified the reports, she would be held accountable for these actions. Now that the evidence has been deemed valid, Amelio will finally be headed to court for his sentencing.

Source: Law.com

Lawdable Quotes: Aristotle

Whereas the law is passionless, passion must ever sway the heart of man.
~ Aristotle

Getting Extreme to Get Green

It’s not just Americans who are suffering from the poor economy this year, people all over the world are having trouble in these hard times and some are going to extremes just to get by. Recently, a Belgian couple who determined they did not have enough money to support another child sold their newborn to a Dutch couple who had responded to an online ad. The exchange, discovered in late November, has authorities puzzled over what to do with the child. At the moment it appears the baby will be delivered into the hands of a foster home with no ties to either family involved in the transaction.

The baby was taken into custody just this week and the biological parents face a number of charges. Not only was the sale of their child a violation of adoption laws across the globe, but they also registered the baby under the adoptive parents’ name in the hopes of hiding their drastic money saving tactic. In spite of the stagnant economy, Belgian authorities are unforgiving when it comes to this family’s mistake. It looks like the five to ten thousand dollars the couple received for their child was probably not worth the years of trouble it’s going to cause them.

Source: BBC

Lawdable Quotes: Louis D. Brandeis

Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.

~ Louis D. Brandeis
   This quote is  part of his dissent in the case “Olmstead v. United States”, 277 U.S. 438 (1928)  … Fastcase Subscription Required
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