shlep: the Self-Help Law ExPress » Website Admin http://blogs.law.harvard.edu/shlep news, views and info on self-help law and pro se litigation Tue, 11 Aug 2009 16:42:09 +0000 http://wordpress.org/?v=2.8.5.2 en hourly 1 http://creativecommons.org/licenses/by-sa/3.0/ Shlep Returning From Hiatus http://blogs.law.harvard.edu/shlep/2008/05/08/shlep-returning-from-hiatus/ http://blogs.law.harvard.edu/shlep/2008/05/08/shlep-returning-from-hiatus/#comments Fri, 09 May 2008 00:53:19 +0000 Tammy Pettinato http://blogs.law.harvard.edu/shlep/2008/05/08/shlep-returning-from-hiatus/ At long last, Shlep is returning from its long hiatus.  As Terry and myself adjusted to new jobs, we ran into some difficulties balancing the time commitment of our new positions with the necessity of frequent, useful and accurate blog posts.  However, we are now ready to roll, and you can expect new posts in about two weeks and then regularly thereafter.  See you soon!

]]> http://blogs.law.harvard.edu/shlep/2008/05/08/shlep-returning-from-hiatus/feed/ 0 http://creativecommons.org/licenses/by-sa/3.0/ grand re-opening http://blogs.law.harvard.edu/shlep/2007/05/28/grand-re-opening/ http://blogs.law.harvard.edu/shlep/2007/05/28/grand-re-opening/#comments Mon, 28 May 2007 16:46:12 +0000 david giacalone http://blogs.law.harvard.edu/shlep/2007/05/28/grand-re-opening/  announcerS  I am very pleased to announce that 1] shlep is scheduled to resume posting “news, views and info on self-help law and pro se litigation” on Tuesday, May 29, 2007, with activity increasing in the coming weeks; and 2] shlep will be in the good hands of two able and enthusiastic advocates of the self-help law movement.  The new co-editors of shlep are (in alphabetical order):

    Teresa L. Conaway, who is just leaving her position as Head of Reference & Instruction, Texas Tech University School of Law Library, to become the Head of Public Services at the University of La Verne (California).  Terry was a professor of paralegal studies for 12 years before becoming a law librarian.  [You can contact Terry at: terry [AT] keleka [DOT] net ]

    UCLALawLibrary Tammy Pettinato, who received a J.D. from Harvard Law School in 2005, and just finished her Masters in Information Science at the University of Michigan.  On May 16th, Tammy began working as a Reference Librarian at the UCLA Hugh & Hazel Darling Law Library. [You can contact Tammy at: trp [AT] yahoo [DOM] com ] 

    I will let Tammy and Terry tell you more about themselves and their vision of what shlep will become. (They will also decide whether to keep the fresh green look I have chosen today to signal the weblog’s new regime and spirit.  Which color theme do you prefer?)  Please stop by regularly to keep abreast of the self-help law movement as seen through their eyes, and help create a shlep community, by leaving your thoughtful Comments.  Also, as you did for me, if you know of weblog postings, articles, reports, news or other resources that might be of interest to T&T and the readers of shlep, tell them about it. 

Team Shlep?  If you are interested in joining Team Shlep (which would entail a commitment to write regularly for the site) get in touch with Terry or Tammy and see if your interests and skills fit with their needs.  Self-representation practitioners — people who work directly with pro se litigants or create the programs and materials they use — are particularly urged to consider joining the Team.

p.s.  Thanks again to all who supported shlep in the nine months since its conception — by visiting often or spreading the word about this weblog and its important mission.  Special thanks to the original members of Team Shlep.  A final hat tip to the still-anonymous Editor of Blawg Review for his continuous encouragement.  (Speaking of gratitude, see the special Memorial Day Blawg Review #110, at Norman Gregory Fernandez’s Biker Law Blog.)  You can count on my lurking here often, and find me at my original weblog f/k/a.

 

]]> http://blogs.law.harvard.edu/shlep/2007/05/28/grand-re-opening/feed/ 3 http://creativecommons.org/licenses/by-sa/3.0/ adopt this weblog . . . http://blogs.law.harvard.edu/shlep/2007/04/22/adopt-this-weblog/ http://blogs.law.harvard.edu/shlep/2007/04/22/adopt-this-weblog/#comments Sun, 22 Apr 2007 20:50:55 +0000 david giacalone http://blogs.law.harvard.edu/shlep/2007/04/22/adopt-this-weblog/    HelpWantedSign  It’s been four weeks since I announced my retiring as Editor of this weblog and my hope to pass the SHLEP torch to a group of committed persons willing and able to continue its important role in the pro-se/self-help community and movement.  To date, I am sorry to say that no candidates have stepped forward to adopt shlep.  Despite the posting hiatus, we’re still getting about 250 visits a day, most from search engine queries, taking advantage of our deep content.  Please browse the site, and see our prior post and About page, describing why shlep deserves to be an ongoing, frequently-updated weblog, Our high search engine profile also suggests that it would make a great resource as part of a website with complementary goals. 

  • If you would like to discuss taking over responsibility for SHLEP, please send an email to: shlep AT localnet DOT com. [no spaces in the actual email address]  I will do all I can to make the transition as smooth as possible.

dagIcon  If shlep were active over the past month, it surely would have informed you of such stories as:

  1. Oregon House Bill 2316, which aims to increase the small claims jurisdictional limit from $5,000 to $7,500, and has now passed both the House of Representatives and the Senate. (via April 9, 2007 HALT ejournal)
  2. The Edmonton Journal story “Law service shows lay people the ropes: Alberta Justice hopes information centres will reduce backlogs in court” (April 18, 2007), which details the opening on April 2nd of on-site Family Law Information Centres, offering assistance to self-represented litigants in Alberta. (via SelfHelpSupport.org)
  3. The companion bills introduced in the New Mexico House and Senate, in the 2007 legislative session, which would rewrite the definition of the practice of law so broadly that they would require consumers to retain the services of a lawyer for virtually any legal need. (via March 26, 2007 HALT ejournal)  

Until shlep is once again updated regularly under new management, check out the SelfHelpSupport.org homepage and the HALT website and bi-weekly newsletter (which you can have delivered free by email) for a bit of news and commentary about pro se and self-help issues.  Meanwhile, if you can help find a good home for shlep, please let me know or urge the likely candidates to step up and grab this opportunity.

]]> http://blogs.law.harvard.edu/shlep/2007/04/22/adopt-this-weblog/feed/ 0 http://creativecommons.org/licenses/by-sa/3.0/ Thanks, David! http://blogs.law.harvard.edu/shlep/2007/04/05/thanks-david/ http://blogs.law.harvard.edu/shlep/2007/04/05/thanks-david/#comments Fri, 06 Apr 2007 02:30:47 +0000 MaryWhisner http://blogs.law.harvard.edu/shlep/2007/04/05/thanks-david/ I thank David for his tremendous commitment and hard work in dreaming up shlep and providing such great content and commentary!

And I echo David in his plea for someone to pick up the torch. I hope there’s an organization or group that would like to carry this on.

It takes a lot of commitment to keep a blog active, watching for relevant news and posting regularly. My own relationship to shlep illustrates that. Early on, I said I could post about once a week, and I was good at my word for a while, writing when I came across something on the topic. But in recent weeks, I’ve been snowed under at my regular job (and, I’ll confess I left town for five days during spring break). When I did have time, I wrote for my own blog. Truth be told, I hadn’t even looked at shlep for a few weeks.

The successor editor should be aware of the commitment needed to keep a blog fresh. An organization or group of people might be able to share the work so that no one person would be swamped (as David was, when he made sure there were daily posts by writing them himself).

I also want to say that being part of an enterprise like this can be fun and rewarding. I enjoy the medium — it’s great to be able to gather some information, write a comment, and then instantly have it available to readers. If you occasionally have someone comment that what you’ve done is useful, all the better! (I thank David again — this time for giving me the opportunity to be part of the shlep team.)

So if you’re interested in providing a service and enjoy writing and sharing information, do write to David about this opportunity.

In the meantime, I came across something applicable to self-help law, so you’ll see another post from me soon.

]]> http://blogs.law.harvard.edu/shlep/2007/04/05/thanks-david/feed/ 1 http://creativecommons.org/licenses/by-sa/3.0/ passing the shlep torch: good hands sought http://blogs.law.harvard.edu/shlep/2007/03/24/passing-the-shlep-torch-good-hands-sought/ http://blogs.law.harvard.edu/shlep/2007/03/24/passing-the-shlep-torch-good-hands-sought/#comments Sun, 25 Mar 2007 03:52:05 +0000 david giacalone http://blogs.law.harvard.edu/shlep/2007/03/24/passing-the-shlep-torch-good-hands-soug dagIcon  We’ve shlepped a long way, since I started building content last August, assembled a Team, and officially launched the SHLEP weblog on October 1, 2006.   We’ve reported news, stated views, and assembled information in more than 230 postings.  Our efforts have already brought us well over 300 visitors a day, hundreds of website and weblog links, and recognition from Blawg Review as “Best Law Blog In the Public Interest.”    In fact, even if no new content were posted here, the resources already assembled will continue to attract scores (perhaps hundreds) of search-engine visits every day, with useful information and direction for consumers wishing or needing to solve their legal problems on their own.

  • We’ve made our point: There is more than enough content and interest to warrant a frequently updated (hopefully daily) self-help-law and pro se litigant weblog. 

As satisfying as shlep’s accomplishments have been, I’m sorry to say that this is going to be my last posting here — except (I hope), for one final announcement that the weblog is being handed over to a new editor, group or organization ready and willing to continue its mission.  

thankYou!  Thanks to everyone who has given us encouragement and shown such appreciation for shlep during our first stage (with special thanks to Mary Whisner and the rest of Team SHLEP).  My gratitude and admiration will remain for all those making the self-help-law revolution a growing reality. 

My urgent request is that readers who have valued this weblog, as well as other members of the self-help-litigant community, consider adopting SHLEP — either as a group of individuals coming together to manage and produce the weblog, or as an organization or joint venture committing the resources of its members to make the Self-Help Law ExPress a continuing enterprise.  My hope is that groups of pro se practicitioners (like the Self Represented Litigant Network), law librarian or court staff associations, and bar or law school access to justice programs, will consider taking on this job.  The weblog could stay here at the Harvard webserver at no cost, or be migrated to a new website or domain, and the new proprietors would, naturally, be able to fine-tune the content and mission (and perhaps the name) to their own specifications.

  • If you would like to discuss taking over responsibility for SHLEP, please send an email to: shlep AT localnet DOT com. [no spaces in the actual email address]  I will do all I can to make the transition as smooth as possible.

p.s. After far too many months of neglect, I plan to make f/k/a (the home of legal punditry and genuine haiku poetry) a daily weblog again.  Visits from my many shlep friends would be much appreciated.   

]]> http://blogs.law.harvard.edu/shlep/2007/03/24/passing-the-shlep-torch-good-hands-sought/feed/ 2 http://creativecommons.org/licenses/by-sa/3.0/ a present, an honor — and a nudge — from Blawg Review http://blogs.law.harvard.edu/shlep/2006/12/25/a-present-an-honor-and-a-nudge-from-blawg-review/ http://blogs.law.harvard.edu/shlep/2006/12/25/a-present-an-honor-and-a-nudge-from-blawg-review/#comments Mon, 25 Dec 2006 11:02:54 +0000 david giacalone http://blogs.law.harvard.edu/shlep/2006/12/25/a-present-an-honor-and-a-nudge-from-bla XmasAngel Blawg Review’s Anonymous Editor and Christmas Angel: For two years, I’ve had the pleasure of frequent typo alerts, pointers to items of interest, and words of encouragement, from Ed, the anonymous person who created and edits Blawg Review, the original carnival of law-related weblogs.  I’ve been amazed over how thoroughly and consistently he covers the world of lawyer weblogging (and beyond).   I’ve called Ed my “guardian angel” at times, but never knew his angel duties were global, and in partnership with that other all-seeing and omni-present creature of myth, Santa Claus. 

Their unique joint venture became apparent for all to see this morning, when Angelonymous Ed and his alter ego Santa Claus presented the Blawg Review Awards 2006.  Awards are given for the best law weblogs in numerous categories. “The list isn’t exhaustive, . . . .  But those law blogs that have been given awards this year are certainly worth your attention. In many cases, they’re obvious choices. But there are a few surprises.”

Blawg Review Awards 2006 santaListR

Forget the false shows of modesty, the Shlep Team is far too pleased to downplay our bright new Blawg Review Award 2006 — “Best Law Blog In the Public Interest.”  It is a great honor to receive this particular award, which goes to the heart of our mission: presenting consistently useful information that will allow the public to be both better aware of its rights and better able to assert them and achieve meaningful and affordable access to justice (with or without lawyers). 

More important, the award is a big nudge for the shlep Team to build on our four-month foundation, by consistently providing materials of high-quality, that are of practical use for consumers and practitioners, interesting enough to keep readers coming back often, and helpful resources for those seeking answers through search engines.  [It it also a great opportunity to point out once again that the Editor continues to seek a co-Editor -- or two -- who will contribute a significant amount of time, knowledge and enthusiasm to making shlep fresh and timely every day.]

Many worthy law weblogs were honored in Blawg Rewiew Awards 2006, and deserve your attention.   Of the more substantive awards, I’d like to call you attention to, and congratulate those that you will find below “under the fold.”   Long-time weblogger buddies Carolyn Elefant, Robert Ambrogi, Evan Schaeffer, Denise Howell, Walter Olson, and J. Craig Williams get a special personal Hat Tip.  

  • The Volokh Conspiracy gets the award for Community and Social Interaction on a law blog, for conspiring to get the most votes for the Law Blog of the Year in the 2006 Weblog Awards. Congratulations! [shlep Editor's Note: an obvious winner and a great place to actually learn some law and policy while online.]
  • Jeremy Blachman picks up this year’s award for Persona of the Year for Anonymous Lawyer, the blog, the book, the law firm.
  • The award for Intelligent Design is presented to Steve Bainbridge for the ProfessorBainbridge.com, which has evolved into an online legal magazine with an eclectic personal journal, a law blog, and a wine blog.  [shlep Editor's Note: there must be a god.]
  • Above the Law is recognized as the Best New Law Blog. [shlep Editor's Note: the kind of fun only a darn good tabloid can provide.]
  • The award for Best Blawg Theme goes to Overlawyered, chronicling the high cost of our legal system. [shlep Editor's Note: Walter and Ted sometimes overwork the theme, but this weblog is a classic and on my daily short list.]
  • There’s no monopoly in the category Best Group Blog by Lawyers in a Law Firm, Antitrust Review sharing this award with PHOSITA. 
  • James Maule gets recognition for the Best Blawg by a Law Professor for MauledAgain.
  • Concurring Opinions takes Best Group Blog by Law Professors.
  • Lawyerlike grabs Best Blawg by a Law Student. 
  • De Novo wins Best Group Blog by Law Students.
  • The award for Best Blawg By A Paralegal goes to nearlylegal..
  • J. Craig Williams receives the award for Best Blog by a Practicing Attorney for May It Please the Court. [shlep Editor's Note: when does Craig find time to practice?]
  • Bruce MacEwen picks up the award for Best Practice Management Blog for Adam Smith, Esq.
  • Bill Marler gets the Law Firm Blogs Award for coordinating various practice specialty blogs providing commentary on food poisoning outbreaks and litigation. This is the second year in a row this award has been won by a client of LexBlog.
  • The nod for Best Politico Blog by Lawyers is given to Jeralyn Meritt for TalkLeft, the politics of crime.
  • SCOTUSblog is recognized for the Best Case Law Coverage. [shlep Editor's Note: easy choice.]
  • The award for Best Blogging by a Judge goes to Richard Posner for the Becker-Posner Blog for the second year in a row.
  • The award for the Best Special Interest Blog by a lawyer goes to Jen Burke for Transcending Gender, not to mention the blog for her book, A Life Less Convenient.  [shlep Editor's Note: so good, you almost forget it's for a Special Interest]
  • Ann Althouse is recognized for Best Personal Blog by a legally-oriented female blogger for Althouse.
  • Glenn Reynolds gets the award for Best Personal Blog by a legally-oriented male blogger for Instapundit.
  •  Scott Henson gets the award for Equal Justice for Grits for Breakfast.
  •  David Giacalone wins the award for Best Law Blog In The Public Interest for SHLEP: the Self-Help Law ExPress  [shlep Editor's Note: this is more personally gratifiying than winning the Creative Blawg Award last year.]
  • Baseball Crank gets the award for Best Off-Topic Law Blog
  • The Trademark Blog picks up the award for Best Legal Specialty Blog.
  • The award for Best Legal Consultant Blog goes to Matt Homann for the [non] billable hour..
  • Best Mentoring Law Blog goes to Arnie Herz for Legal Sanity.. [shlep Editor's Note: important topic, done well]
  • The award for Global Perspective goes to What About Clients?. [shlep Editor's Note: worthy winner]
  • The award for Best Law Blog by a legal mediator goes to Diane Levin for the Online Guide to Mediation. [shlep Editor's Note: can't be neutral about Diane -- she knows how to bring mediation to the blawgisphere with style. ]
  • Connie Crosby gets the award for Legal Support Blog
  • The award for Best Legal Podcast goes to Bob Ambrogi’s and Craig Williams’ Coast to Coast again this year, but the nod also goes to Denise Howell for This Week in Law, the Best New Legal Podcast. It will take a lot of work to take this award from two-time winner Coast to Coast, but if anyone has a shot for next year’s top podcast, it’s Denise Howell.  [shlep Editor's Note: if I were ever to give up my podriah status, I'd listen to Bob. Criag and Denise, for sure.]
  • Balkinization gets the Blawg Review Award for Legal Reasoning. gets the Blawg Review Award for Legal Reasoning.
  • Ernest Svenson picks up the award for Best Blawg With Local Flavor for Ernie the Attorney.
  • The award for Best Source for Legal Headline News goes to Howard J. Bashman for How Appealing. [shlep Editor's Note: easy winner]
  • Bob Ambrogi and Carolyn Elefant are recognized for Blog Journalism for their excellent work as editors of Legal Blog Watch, part of the Law.com Blog Network. [shlep Editor's Note: at the top of my daily To Do list]
  • The award for Best Online Law Magazine using blog technology goes to QuizLaw.
  • Best British Law Blog goes to Justin Patten at Human Law.
  •  Rob Hyndman gets the award for Best Canadian Law Blog.
  • The award for the Best Australian Blawg goes to Peter Black at Freedom to Differ..
  • Best Law Blog By In-House Counsel goes to Google’s William Patry for The Patry Copyright Blog.
  • Evan Schaeffer is recognized for a lifetime of achievement in blog years, for Evan Schaeffer’s Legal Underground and The Illinois Trial Practice Weblog  [shlep Editor's Note: Nobody deserves it more than Evan does]
]]> http://blogs.law.harvard.edu/shlep/2006/12/25/a-present-an-honor-and-a-nudge-from-blawg-review/feed/ 5 http://creativecommons.org/licenses/by-sa/3.0/ como (pro) se dice? http://blogs.law.harvard.edu/shlep/2006/12/20/como-pro-se-dice/ http://blogs.law.harvard.edu/shlep/2006/12/20/como-pro-se-dice/#comments Wed, 20 Dec 2006 16:49:32 +0000 david giacalone http://blogs.law.harvard.edu/shlep/2006/12/20/como-pro-se-dice/ Our Teammate Mary Whisner is hoping to create a shlep relay event, by tagging the rest of us with the “5 Things You Didn’t Know about Me Meme.”  Taggees are expected to “list 5 things about yourself that your blog’s readers are unlikely to know, and then tag 5 other people to do the same.” You will learn a lot about the multi-talented Mary Whisner in her ”5 things about me, ” (Trial Ad Notes, Dec. 19, 2006.  (For another About Me example, see Legal Andrew, “I’m It!“)

fkaLogoBoy  Earlier this year, I was cursed honored by a similar tagging at my dagosan’s haiku diary, where I was infected burdened blessed with the Weird-Tag – which requires a list of 5 of your weird habits your readers might not know about.  Because the dagosan weblog features only haiku poetry, I transferred that tag obligation to my multi-faceted site, f/k/a, where I wrote “i’m just not that weird (honest),” in an attempt to postpone making that list.

Prof. Yabut, Self-Help-Tag Facilitator ProfYabut

Four days later, when I hadn’t fulflled the Weird Tag requirements, Prof. Yabut, one of my f/k/a alter egos, stuck his nose in facilitated my reply, by writing the prolix (not pro se) posting “yes, prof. yabut can be quite weird” (Feb. 12, 2006).  It includes such nuggets as Aging Up, Backseat Desire, and Dangerous Pizza. 

NoYabuts To be honest, that’s all the confessing I’m willing to do for one year, so the curious should head over to that posting at f/k/a, where my weird-soul is bared. (Please excuse the formatting problems over there, caused by migrating to a new webserver and weblog software.)

  • Like Mary, I’m not fond of Chain Letters, so I’m not going to do any further About-Me-tagging.  The poor response rate, last February, to my Weird-Tagging also suggests that passing along this project to involuntary taggees is not a win-win situation.  Of course, the rest of the shlep team is expected to show appropriate team spirit, by spilling their guts out for the edification of the Team and of our readers.  I encourage any one else who wants to participate to do so, and to let us know when you do.
]]> http://blogs.law.harvard.edu/shlep/2006/12/20/como-pro-se-dice/feed/ 0 http://creativecommons.org/licenses/by-sa/3.0/ HALT moves on http://blogs.law.harvard.edu/shlep/2006/11/18/halt-moves-on/ http://blogs.law.harvard.edu/shlep/2006/11/18/halt-moves-on/#comments Sat, 18 Nov 2006 18:24:33 +0000 david giacalone http://blogs.law.harvard.edu/shlep/2006/11/18/halt-moves-on/ Editor’s Note:  I’m sorry to report that the legal reform group HALT has withdrawn from Team shlep.

HALTover Two days ago, I expressed to HALT’s Executive Director James C. Turner a preference for postings by HALT that relate to self-help law issues (rather than, in that instance, a suggested piece amplifying on the recent Legal Times article, ”Is He a Qualified Candidate”?, Nov. 13, 2006, which related to court challenges, by political opponents, to qualifications for candidates for state Attorney General).  In response, Jim announced the organization’s withdrawal from participation in shlep and asked that I remove HALT’s materials from this website. 

I’m sorry that a relationship that seemed so promising has been ended.  I want to thank HALT staffer Mary Thuell for her goodwill and hard work putting together HALT’s weekly shlep posting over the past month.  I wish Jim and the entire HALT staff well in their efforts, as they say, “helping all Americans handle their legal affairs simply, affordably and equitably.”  I want to assure our readers that I will continue to report here on important HALT activities (from advocacy, to reports, to publications) of interest to self-help law consumers and practitioners.  Meanwhile, in a world filled with legal reform issues, I hope to keep shlep focused on its mission: helping to expand and improve the self-help law movement.

 

p.s. HALTBestBuy Don’t forget HALT’s compilation of Do-It-Yourself Best Buys and its special primer Going It Alone In Court.  

]]> http://blogs.law.harvard.edu/shlep/2006/11/18/halt-moves-on/feed/ 0 http://creativecommons.org/licenses/by-sa/3.0/ defamation self-help (for myself, too) http://blogs.law.harvard.edu/shlep/2006/10/26/defamation-self-help-for-myself-too/ http://blogs.law.harvard.edu/shlep/2006/10/26/defamation-self-help-for-myself-too/#comments Fri, 27 Oct 2006 01:46:03 +0000 david giacalone http://blogs.law.harvard.edu/shlep/2006/10/26/defamation-self-help-for-myself-too/

question mark What does a person do when falsely accused of defamation?  I’m not sure, since yesterday’s charge by “victim-of-the-law” June Maxam of the North Country Gazette was the first time it has happened to me, despite 30 years as a lawyer and over three as an opinionated and sometimes grumpy weblogger.   I don’t think I’m going to set up a Defense Fund like Ms. Maxam’s.  However, as a shlepper, there is one thing I can do that might help myself and our readers: collect links to a few good online resources on defamation.  So, here we go:

– You can find very helpful FAQs on Defamation (especially in the internet context) at both the Electronic Frontier Foundation and The Chilling Effects Clearinghouse.   As EFF says in its Bloggers’ FAQ on Online Defamation Law, “Generally, defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.”    The FAQ also points out that truth is an absolute defense, and “For a blog, a court would likely start with the general tenor, setting, and format of the blog, as well as the context of the links through which the user accessed the particular entry. Next the court would look at the specific context and content of the blog entry, analyzing the extent of figurative or hyperbolic language used and the reasonable expectations of the blog’s audience.”            

– The AOL Legal Department has put together a page on Online defamation Decisions and litigation. 
         

– Prof. Euguene Volokh posted a piece just today that explains: “In a defamation case, at least when the speech is on a matter of public concern, “the plaintiff [must] bear the burden of showing falsity, as well as [the defendant's] fault, before recovering damages.” This is true whether the plaintiff is a public figure or a private figure. See Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 776 (1986). The common-law rule was that the defendant must prove truth, but Hepps changed that for First Amendment reasons.”
         

Ironically, my accuser, legal pundit June Maxam stated last month in a North Country Gazette editorial that “In a libel and defamation suit, truth is the best defense.”   With that principle in mind, Mike at TechDirt.com asked today ”Can You Sue For Defamation If Someone Points Out Publicly That You Are Wrong?” (Oct. 26, 2006) Unfortunately, unless blocked from courts due to a pattern of vexatious lawsuits, just about anybody can sue for just about anything.  Although sanctions can be levied for frivolous lawsuits (as we recently discussed here), responding to baseless charges is never enjoyable, can be very time-consuming and stressful, and very expensive.  Nonetheless, spending a little time understanding the law and its protection for truthful speech, can help a shlepper with a clear conscience sleep even better.
            

 napperStump  p.s.  Although she is the one who has repeatedly hurled threats at me, I’ve also been accused of harassment by Ms. Maxam.  Just looking at its definition in the Law.com dictionary, however, was enough research for me tonight.  I’m going to be sleeping like a baby.

 

Update & Correction (Oct. 27, 2006; moved from top to end of post Dec. 31, 2006): [this story starts here, with a discussion of Fair Use and Copyright]  I have learned this morning that, a day after I was accused of defamation by the Editor of North Country Gazette, I made an erroneous statement about NCG in a Comment to a prior post: After comparing the text of the two articles, I mistakenly said that NCG had taken another newspaper’s story without attribution. It appears that NCG had actually used a press release from a district attorney’s office, and followed it with its copyright notice forbidding reproduction without permission and saying “Fair Use is not applicable”.  Here is the Correction notice that I have placed in the Comments to that post:
CORRECTION (Oct. 27, 2006): Yesterday evening, I erroneously stated in this Comment that NCG had copied from this article in the Westchester News, when it wrote this story – showing that at least five sentences from the NCG article were identical to the sentences in the Westchester.com article.   It has been brought to my attention that the source of the NCG article was this release from the Westchester County District Attorney.  I apologize for my error.  Clearly, NCG did not take the information from Westchester.com.   If NCG had attributed its story and facts to the Westchester DA’s press release, my mistake would not have occurred.  My main point remains, however, that NCG was claiming exclusive rights to use materials that the public has every right to reproduce, when it placed the statement “This material may not be published, broadcast, rewritten or redistributed by anyone without the express written permission of the publisher. This article is copyright protected and Fair Use is not applicable” at the end of the article.
I have never had an “axe to grind” with NCG.   In Oct. 30, 2005 and December 8, 2005, I had pointed to NCG articles as new sources at my other legal weblog and, on September 26, 2006, had discussed one of its editorials in a posting at this weblog.  When I approached the Editor of NCG last week, it was with one simple purpose: to ask that she remove the incorrect clause “Fair Use is not applicable” from NCG articles and commentary.  My purpose when I wrote about the topic at this weblog was to get the clause changed and to help the public better understand the Fair Use concept.  That is why I wrote to Ms. Maxam thanking her, as soon as I learned that the clause was removed in the Oct. 24, 2006 articles at her site (and why I was disappointed when she reverted back to useing it the next day.  I apologize to her for the one erroneous claim that I made, which is discussed above.  I apologize to shlep’s readers and Team for allowing the story to take up so much of this weblog’s resources this week and for allowing the situation to get muddied by making that one incorrect assertion.  Having said that, I hope the sources supplied below on defamation law will be helpful.

]]> http://blogs.law.harvard.edu/shlep/2006/10/26/defamation-self-help-for-myself-too/feed/ 3 http://creativecommons.org/licenses/by-sa/3.0/ a pause to give thanks http://blogs.law.harvard.edu/shlep/2006/10/23/a-pause-to-give-thanks/ http://blogs.law.harvard.edu/shlep/2006/10/23/a-pause-to-give-thanks/#comments Mon, 23 Oct 2006 15:33:05 +0000 david giacalone http://blogs.law.harvard.edu/shlep/2006/10/23/a-pause-to-give-thanks/ A few more Friends of shlep deserve our thanks:
– Diane Levin for two recent pointers: (1) a generous posting at her Online Guide to Mediation, explaining shlep’s goals and what we might have to offer mediators (with nice words about f/k/a, too) and (2) adding us to the World Directory of ADR Blogs.  
 

 – “Ed,” the masked man at the helm of Blawg Review, who has included shlep today (Oct. 23, 2006) in both Blawg Review #80 (wondering just what I’ve been doing with that dusty law degree of mine) and Carnival of the Capitalists #159 (which needlessly reminds us ”lawyers are capitalists”, too).  Of course, both “carnivals” offer links to some of the best recent weblog postings in their fields.  
– abnu at Wordlab, who likes our “clever name” and our clever post about Christopher Columbus’ name.  
– Shara Karasic at the Work.com Community Blog, who our review of the new Work.com website with her community.     
– Imbroglio for the “little imbroglio” pointer. thank you! 

 

 

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