MEDIA,
PRIVACY, AND DEFAMATION LAW COMMITTEE
-Newsletters-
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Media Winter/Spring 2008 Newsletter - PDF
In The Eye Of The Beholder: The Right Of Publicity
By Russell Hickey, p. 1
Greetings From The Chair
By James J S Holmes, p. 3
Message From The Editor
By Blaine C. Kimrey, p. 5
A Priest, A Rabbi And A Judge Speak To A Reporter
By Steven P. Mandell, p. 4
It’s Not Just Make-Believe Anymore
By Kent R. Raygor and Valerie E. Alter, p. 6
Insurance Perspective
By P. Blake Keating, p. 7
Walter Pincus Sees Shield Law As "A Bad Misstep"
By Walter Pincus, p. 9
Judge Murphy Related Articles From The May 2007 MLRC Media Law Letter
Boston Jury Awards $2.1 Million To Judge (Article 1)
p. 10
Trial Court Denies JNOV In Boston Herald Libel Case (Article 2)
p. 11
Massachusetts Judge Apologizes ForLetters To Herald(Article 3)
p. 11
Massachusetts Supreme Judicial Court Affirms Verdict Against Boston Herald (Article 4)
Bruce W. Sanford and Bruce D. Brown p. 13
Ethics Charges Proceed Against Boston Judge Who Won Libel Suit (Article 5)
Bruce W. Sanfordand Bruce D. Brown p. 15
Public Censure Recommended ForJudge Who Won Libel Suit (Article 6)
Bruce W. Sanford and Bruce D. Brown p. 16
2007-2008 TIPS Calendar, p. 12
Media Fall 2007 Newsletter - PDF
The Attorney’s Fees Provision In The Illinois Right Of Publicity Act: Illinois Should Apply An
Evenhanded Approach In Awarding Attorney’s Fees To Prevailing Defendants
By Elizabeth Katzman, p. 1
Report from the Chair
By David A. Furlow, p. 3
Message From The Editor
By Blaine C. Kimrey, p. 5
FCC Begins To Regulate "Fake News": Sponsorship Disclosures Required For Video News Releases
By Seth A. Stern, p. 7
Kansas City Media And The Law Seminar
By Blaine C. Kimrey, p. 10
Different Strokes: Ninth Circuit Brushes Off City’s Attempts To Restrict Street Art
By Marina Whelan, p. 12
2007-2008 TIPS Calendar, p. 12
Summer 2007 - PDF
Copyright Infringement And The First Amendment: User-Generated Content And DMCA Interpretation - YouTube, I Tube, We All Tube
By Megan E. Gray, p. 1
Report from the Chair
By David A. Furlow, p. 3
California’s Anti-SLAPP Statute
By James J.S. Holmes p. 6
Judges Have First Amendment Rights, Too
By Charles L. "Chip" Babcock, p. 7
Committee News
p. 11
Is (Are) Data Speech?
By Bruce E.H. Johnson, p. 12
Legislative History Or Revisionist History? The Government’s Burden Of Proof In Commercial Speech Cases
By David A. Furlow, p. 13
The Animal Enterprise Terrorism Act: Fashioning AP oison Pill For A Social Movement
By Barbara J. Gislason, p. 15
2007 TIPS Calendar, p. 18
Spring 2007 - PDF
Fair Use In The Digital Age Under Perfect 10 V. Google: Hanging On By A(Thumb)nail?
By Gregory R. Naron, p. 1
Report from the Chair
By David A. Furlow, p. 3
20th Annual Media And The Law Seminar Agenda
p. 5
Assessing Blogger Protection Under California’s Shield Law
By Adam Davis, p. 9
Insuring Newspapers, Magazines, And Bloggers For Blog Liability
By David A. Furlow, p. 11
Media And The Law Seminar Program Chair’s Message
By Chad Milton, p. 13
Almeida v. Amazon.com, Inc.: Question Of CDA Section 230 Immunity Against Right Of Publicity Actions Remains Unresolved
By Meghan Norton, p. 15
Scoping Out Change: The Future Of Media And The Law
By M.A. Kautsch, p. 17
2006 TIPS Calendar, p. 24
Winter 2007 - PDF
Fall 2006 - PDF
Baseball Strikes Out
By Michael D. Steger, p. 1
Report from the Chair
By David A. Furlow, p. 3
YouTube Sued: It’s a Riot
By Rene Saucedo & Bijan Esfandiari, p. 5
Insuring Intellectual Property Claims
By P. Blake Keating, p. 7
Does the Government Have the Right to Censor the Truthful, Non-Misleading Speech of Bail Bondsmen?
By David A. Furlow, p. 11
The Legal Smack Down on Music Sampling: Is the Age of Hip Hop Over?
By Marina Whelan, p. 18
Throw Out the Bleach: Violence and Vulgarity Win Big Victory in Federal Court
By Dina Richman, p. 19
2006 TIPS Calendar, p. 22
Spring/Summer 2006 - PDF
The FCC’s Latest Indecency Rulings – Wardrobe Malfunctions and Beyond
By Rick Chessen and Christopher Tygh, p. 1
Message from the Chair
By Duffy Carolan, p. 3
Nuts-and-Bolts Insurance Section:
Media Claim Counsel Wish List
By Jim Borelli, p. 4
Retrospective: 19th Annual Kansas City Media and the Law Seminar
By Blaine C. Kimrey, p. 5
Liability Risks Associated With Criminals’Publicity Demands
By M.A. Kautsch, p. 7
Lunch Address: Lee Salem on Free Speech
p. 10
First Amendment Retaliation Claims by Journalists
By Stephanie L. Hogan, Amy S. Mushahwar and Charles D. Tobi, p. 12
2006 TIPS Calendar, p. 18
WINTER 2006 - PDF
Lee v. DOJ: Journalists Seek High Court Review on Scope of Reporter’s Privilege in Federal Civil Cases
By Chad R. Bowman, p. 1
Message from the Chair
By Duffy Carolan, p. 3
Message from the Editor
By Amy Johnson Harrell, p. 3
Nuts-and-Bolts Insurance Section:
The Tripartite Relationship: A Legal Tightrope
By Patrick Groshong, p. 5
Legislative History and the First Amendment Challenge
By David A. Furlow, p. 6
Legal Briefs, p. 7
2006 TIPS Calendar, p. 17
FALL 2005 - PDF
Tory v. Cochran: The United States Supreme Court Avoids Deciding Whether Injunctions Are Ever Permissible InDefamation Actions
By Jean-Paul Jassy, p. 1
Message from the Chair
By Duffy Carolan, p. 3
Nuts-and-Bolts Insurance Section:
Billing Standards: Friend or Foe
By Alison VanDyke, p. 9
Franklin Prescriptions v. New York Times Co.: Omission of Presumed Damages Charge Was Not Reversible Error
By Joseph Larsen, p. 10
Members Speak Out: Results of2005 Membership Survey
By Jodi Cleesattle, p. 12
Legal Briefs, p. 15
2005 TIPS Calendar, p. 17
SUMMER 2005 - PDF
Protecting Privacy in Your Own Front
Yard: Using the First Amendment as a
Shield against Over-Zealous
Homeowner Associations
By David A. Furlow, p. 1
Message from the Chair
By Megan E. Gray, p. 3
Message from the Editor
By David A. Furlow, p. 4
Nuts-and-Bolts Insurance Section:
"Hello, My Name is ___": Explaining
the Application Process
By Mike DiSilvestro, p. 9
Texas Open Meetings Bill Abandoned in
Committee: An Update
By Joseph Larsen, p. 10
Seventh Circuit Upholds Protection for a
Different Kind of Identity Theft
By Aaron Rudin, p. 10
Who Said What? The Constitutionality
of Anonymous Leafleting on Public
University Campuses
By Michael Stockham, p. 11
Communications Decency Act: Libel
Immunity Debate
By James Chadwick and Alison Norris, p. 13
2005 TIPS Calendar, p. 16
SPRING 2005 - PDF
The Secret Double Life of the
Reporter's Privilege.
By Gretchen Neusel and Daniel Scardino, p. 1
Message from the Chair
By Megan E. Gray, p. 3
Taster's Choice Model Leaves a
Bitter Aftertaste In Nestle's
Mouth
By Philip M.W. Pailey, Jr., p. 6
NEW FEATURE: Nuts-And-Bolts
Insurance Column
p. 8
Michigan Federal Court Rules
that Censoring a Student
Newspaper Article Violates the
First Amendment
By Janice Baker-Whitlow, p. 9
Texas Open Meetings Bill Falls
Short of the Mark
By Joseph Larsen, p. 10
Slang, Generation Gaps, and
Deciding What Is Defamatory
By Michael W. Stockham, p. 13
2005 TIPS Calendar, p. 15
WINTER 2005- PDF
Protecting Confidential Conversations: A Federal Shield Law for the Public and a Federal Prison for Reporters
By Bruce Sanford, p. 1
Message from the Chair
By Megan E. Gray, p. 3
Message from the Editor
By David A. Furlow, p. 4
Coverage for Copyright Infringement Under General Liability Policies
By Beth Bradley, p. 9
Internet Service Providers May Be Liable for Defamation as "Distributors of Information"
By Stacy R. Goldscher, p. 12
Viva Los Compilaciones: Fair Use or Return to Sender
By John F. Stephens, p. 13
2005 TIPS Calendar, p. 16
FALL 2004 - PDF
A Plaintiff's Guide to a Business-Defamation Opening Statement That Helped Convince a Jury to Award $222.72 Million in Compensatory and Exemplary DamagesBy Kenneth M. Morris, p. 1
Message from the Chair
By Megan E. Gray, p. 3
New Times v. Isaacks: A Landmark Case
By Charles ("Chip") L. Babcock and Justin R. Goodman, p. 6
"Sure, it's defamatory, but is it covered?" The Narrowing Scope of "Personal Injury" Coverage for Defamation Claims
By Paul Nesbitt, p. 9
When Subjects of Public Concern Are Not
By Mark C. Harwell, p. 12
SLAPP-Happy: Media Defendants Beware, Anti-SLAPP Statutes Might Not Be Something to Smile About
By Gretchen Neusel and Daniel Scardino, p. 14
2004-2005 TIPS Calendar, p. 16
"Sensitive But Unclassified"-- A Dangerous and Undefined New Cloak for Government Secrecy
By Megan E. Gray, p. 1
Message from the Chair
By Steve Zansberg, p. 3
The Impact of Favish on the Publication of Death Scene Images
By Susan Seager, p. 5
Potential Media Liability for Publishing False or Misleading Advertisements
By Chi-Chi Onyeagbako and James Chadwick, p. 13
HIPAA Privacy Rule Impairs Community Safety
By Megan E. Gray, p. 16
The Playboy Bunny Hops All Over Netscape - Another Chapter In Federal E-Commerce Jurisprudence
By Philip M. W. Pailey, Jr., p. 18
2004-2005 TIPS Calendar, p. 20
Litigating In The Court Of Public Opinion
By L. Lin Wood, p. 1
Message from the Chair
By Steve Zansberg, p. 3
Star Power Trumping Access
By Erica L. Craven, p. 7
The Joint Defense Of Publishers And Independent Authors - Tactical And Insurance Considerations
By James E. Stewart with insurance perspective provided by Larry Worrall, p. 10
The Insurer's Perspective
By Larry Worrall, p. 13
Newsgathering Tips
By Charles Tobin, p. 16
Online Publishing Risks Create Need For Libel Insurance
By Michael Rothberg and Rick Fenstermacher, p. 19
2004-2005 TIPS Calendar, p. 22
The CAN-SPAM Act: Business Can Still Send Spam If they Follow the Rules
By Kavita Amar, p. 1
Message from the Chair
By Steve Zansberg, p. 3
The Clash Between the First Amendment and the Right of Publicity
By Mary Ellen Roy and J. Michael Monahan, p. 6
Government Investigations and the Emerging Law of "Selective Waiver" of Privilege
By Jennifer A. Short and Anand V. Ramana, (reprinted with permission MLRC MediaNewsletter, Nov. 2003, p. 63), p. 9
"The Best" Websites for Media Lawyers
By Steven D. Zansberg, (reprinted with permission MLRC MediaNewsletter, Sept. 2003, p.47), p. 12
2004 TIPS Calendar, p. 14
Protectable Interests in Law School Application Files
By Martin C. McWilliams, Jr., p. 1
Letter from the Chair
By James Chadwick, p. 2
Protecting Against Identity Theft-A Corporate Perspective
By Jeffrey B. Ritter and A. Thomas Morris, p, 6
Battlefield Coverage: The "Shock and Awe" of Unprecedented Media Access to War
By Kavita Amar, p. 11
Single Publication Rule Governs Online Publications
By James Chadwick and Danielle Van Wert, p. 15
2003-2004 TIPS Calendar, p. 16
G'day, Mate? Libel, Personal Jurisdiction and the Internet in the U.S. and Abroad
By Robert D. Lystad, p. 1
Message from the Chair
By James Chadwick, p. 2
Spy Court versus Spy Court: USA PATRIOT, Foreign Intelligence Surveillance, and the Fourth Amendment
By Kevin S. Bankston, p. 3
Electronic Files and Social Forgiveness
By Chris Jay Hoofnagle, p. 7
On the Trial of the Character Assassins: The Law Regarding Attorney Statements Made In, Around, and About the Courthouse
By D. Bradley Kizzia and Jessica Smith, p. 9
Kid Gloves: Interviewing and Reporting on Minors
By Victor A. Kovner and Jennifer L. Brockett, p. 11
Democracies Die Behind Closed Doors
By Stephen F. Rohde, of Rohde & Victoroff, p. 1
Report from the Chair
By James Chadwick, p. 2
California Supreme Court Clarifies Scope of Anti-SLAPP Statute
By Stephen J. Newman, of Latham & Watkins, p. 3
The Need for a National Right of Publicity Statute
By Mark S. Lee, of Manatt Phelps & Phillips LLP, p. 6
The Media Perils Insurance Market Tightens
By Zick Rubin, of Hill & Barlow, p. 8
New Hampshire Supreme Court to Decide Question of Third Party Liability for Invasion of Privacy
By Marcia Hofmann, p. 11
2002-2003 TIPS Calendar, p. 16
"The Lonely Pamphleteer" Redux
By Jane E. Kirtley, Silha Professor of Media Ethics and Law, University of Minnesota, p. 1
Report from the Editor
By Carol V. Rose, Hill & Barlow, P.C., p. 2
Privacy Shadows under a First Amendment Umbrella
By Kathleen Reagan, Professor, Concord University School of Law, p. 3
Free Speech, Protecting Children: Tough Choices and the Children's Internet Protection Act
By Hollee Schwartz Temple, Kirkpatrick & Lockhart, LLP, p. 8
Unnecessary Secrecy in the Courts
By Rebecca Epstein, Leslie Brueckner, and Arthur Bryant, Trial Lawyers for Public Justice, P.C., p. 11
Calendar of Events, p. 16
Privacy: the Flavor of the Week
By Jeremy D. Mishkin, Montgomery, McCracken, Walker & Rhoads, LLP, p.1
Report from the Chair
By Cynthia Counts, p. 2
A Ticket to Ride?
By Thomas J. Williams and Debra K. Thomas, Haynes and Boone, L.L.P., p. 4
Paying the Price to Protect Confidential Sources
By Robert A. Bertsche, Hill & Barlow, P.C., p. 8
Calendar of Events, p. 16
European Treatment of Internet Privacy Issues
By Michel Béjot, Bernard Hertz Béjot (Paris, France), p. 1
Chair's Message
By Cynthia Counts, p. 2
Internet Privacy: A Tale of Two Cookies
By Lan Hang, Santa Clara University School of Law, and James Chadwick, Gray Cary Ware & Freidenrich LLP, p. 3
Privacy Implications of the USA Patriot Act of 2001
By Danielle Perry Van Wert, Gray Cary Ware & Freidenrich LLP, p. 4
Calendar of Events, p.16
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Last Modified on Monday, April 7, 2008 10:48 AM
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