Information v. Commercialization: The Internet and Unsolicited Electronic Mail

In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail. The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on the problem of bulk, unsolicited business advertising. The article will advise that the Internet\u27s unique character requires that the Internet be left to formulate its own policies with minimal legislation imposed on it, but also allow for private companies providing Internet access to restrict some uses so that the emerging etiquette on the Internet will be preserved and not require legislative scrutiny

Information v. Commercialization: The Internet and Unsolicited Electronic Mail

In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail. The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on the problem of bulk, unsolicited business advertising. The article will advise that the Internet\u27s unique character requires that the Internet be left to formulate its own policies with minimal legislation imposed on it, but also allow for private companies providing Internet access to restrict some uses so that the emerging etiquette on the Internet will be preserved and not require legislative scrutiny

Lovewell v. Physicians Insurance Co.: Personal Liability for Prejudgment Interest

This article looks at the Supreme Court of Ohio\u27s decision in Lovewell v. Physicians Insurance Co. and the variety of issues and unanswered questions the decision presents relating to insurance law. First, it may no longer be assumed that the insurer acts in tandem with the insured when the insurer is defending a suit brought against the covered individual. Secondly, the Lovewell decision seems to be contrary to one of the basic tenets of insurance law – that an insurance contract must be construed liberally in favor of the insured and strictly against the insurer. Third, the decision gives insureds cause to wonder whether a clause allowing them the right to refuse settlement may result in personal liability

The Benefits of Podcasting

This article discusses the benefits of podcasting in legal writing courses, based on the author\u27s participation in CALI\u27s 2005 inaugural podcasting project

Self-Reflection within the Academy: The Absence of Women in Constitutional Jurisprudence

This article will suggest that legal education has failed to represent the significant contributions of women in our American legal heritage within its curriculum. It urges that an acknowledgment of the feminine contribution must now be included within the curriculum of law schools in such a way that the contribution is incorporated within traditional substantive courses rather than select courses dealing with primarily women\u27s issues. Focusing on the Nineteenth and early Twentieth centuries, this article highlights the achievements and legal battles of women which were integral to the overall development of legal theory in our country. It discusses some of the history that has been left out, offers various reasons why such history has been left out and suggest reasons for its inclusion. The article also considers the perpetuated stereotypes of women\u27s roles during the previous century. It will point out various instances in which male efforts to protect women resulted in oppression rather than benefit and, in doing so, set the stage for a male-constructed and male-dominated legal system. This article suggests that this system resulted in the trivialization of females\u27 roles within American legal history, and correspondingly, within American legal education. It is this author\u27s contention that to allow this perpetuation in legal education is not only doing a disservice to female students, but is an inaccurate portrayal of history, which harms all students and diminishes the integrity of legal education

Self-Reflection within the Academy: The Absence of Women in Constitutional Jurisprudence

This article will suggest that legal education has failed to represent the significant contributions of women in our American legal heritage within its curriculum. It urges that an acknowledgment of the feminine contribution must now be included within the curriculum of law schools in such a way that the contribution is incorporated within traditional substantive courses rather than select courses dealing with primarily women\u27s issues. Focusing on the Nineteenth and early Twentieth centuries, this article highlights the achievements and legal battles of women which were integral to the overall development of legal theory in our country. It discusses some of the history that has been left out, offers various reasons why such history has been left out and suggest reasons for its inclusion. The article also considers the perpetuated stereotypes of women\u27s roles during the previous century. It will point out various instances in which male efforts to protect women resulted in oppression rather than benefit and, in doing so, set the stage for a male-constructed and male-dominated legal system. This article suggests that this system resulted in the trivialization of females\u27 roles within American legal history, and correspondingly, within American legal education. It is this author\u27s contention that to allow this perpetuation in legal education is not only doing a disservice to female students, but is an inaccurate portrayal of history, which harms all students and diminishes the integrity of legal education

Innovative Teaching Methods and Practical Uses of Literature in Legal Education

Because I believe a breadth of reading enhances one\u27s ability to think and write, throughout the years I have tried to encourage extra curricular and diversified reading to be done in conjunction with my Legal Writing class. Unfortunately, yet understandably, law students generally only do the required work, but not more. As a consequence, I have discovered, over time, that the readers in my classes continue to read while the non-readers never take the opportunity to discover what advantage there might be in taking my advice. Because no change has occurred in students\u27 overall attitudes, I decided to make life more interesting by integrating literature into the first year Legal Writing curriculum. The final project of our first year Legal Writing course is the appellate advocacy experience. Traditionally, this consists of pleadings and opinions from a Moot Court casebook assigned for the purpose of researching legal issues, writing a brief, and preparing an oral argument. I decided, however, that I would shift from the stock format and begin assigning a novel to be used as the basis for the problem. The novel I chose for the experiment was Lolita, by Vladimir Nabokov

The Benefits of Podcasting

This article discusses the benefits of podcasting in legal writing courses, based on the author\u27s participation in CALI\u27s 2005 inaugural podcasting project

Would You Say That To Your Children? Enhancing Learning Through Improved Communication

This paper discusses how an aging professor must change how she teaches in relation to how her relationship with her student changes. Sometimes professors see themselves in one way and do not realize that they are not perceived the same way they were years ago. The paper sets out advice for appearing less intimidating to students as they grow younger while we grow older

Of Cell Phones and Electronic Mail: Disclosure of Confidential Information under Disciplinary Rule 4-101 and Model Rule 1.6

Regardless of the known security risks, it is difficult, if not impossible, to imagine a law firm in the twentieth century operating without the technological advancements that make it possible to communicate with anyone, anywhere, at any time. These advancements often enable immediate responses that are beneficial to attorneys and clients alike. Cellular phone usage and electronic mail are an integral mode of communication between firm members, negotiating attorneys, as well as between attorneys and their clients. While it has developed into a mode of communication making the practice of law more efficient, it is doubtful that most attorneys give too much thought to what exactly happens to the content of their message as it either travels along Internet phone lines or is relayed from cell phone terminal to cell phone terminal. The prohibition on disclosing confidential communications is one of the cornerstones of the legal profession. To that end, Disciplinary Rule 4-101 of the Model Code of Professional Responsibility provides: [A] lawyer shall not knowingly reveal a confidence or secret of his client. Model Rule of Professional Conduct 1.6 provides: A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation .... Neither one of these ethical standards contemplates a situation in which an attorney might reasonably be expected to foresee that his or her communications with a client were possibly being disclosed to an unknown audience, such as exists when using electronic communications. These rules of Professional Responsibility should be updated to reflect these technological advancements