Comments | rivkat: Serenity tomorrow, comedy tonight!

rivkat

Serenity tomorrow, comedy tonight!

May 25, 2005 20:54

Not really comedy tonight, but the line was too good to pass up.

In light of recent discussions about only writing trauma when you "know" the trauma, I found this article from New York magazine particularly interesting. It's about legal superstar Larry Lessig and his surprising (because he doesn't generally do this type of law) representation of ( Read more... )

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Comments 13

gianna24 May 26 2005, 02:31:59 UTC

Philly, yay! What type of misbehaviour do you have in mind?

rivkat May 26 2005, 03:32:30 UTC

Probably nothing extreme. Maybe I'll just yell out snide remarks to folks who lack EZ-Pass for the highway tolls on the way.

pun May 26 2005, 03:34:44 UTC

You rebel!!

I wanted to thank you. The CD arrived. Thanks!

gianna24 May 26 2005, 03:34:48 UTC

That's always good times.

ex_iocaste2 May 26 2005, 18:07:18 UTC

You know what's weird - I haven't looked into thelegal issues but it sounds as though they're squabbling over whether the teacher was acting within his scope of employment, and apparently, they consider it a big deal whether the teacher said he thought this would make the boys into a better choir (which is a joke).

But it seems to me that even without such evidence, he would obviously be within the scope -- it's not like going to a bar after work and getting into a fight, as the defense attorney said, because the teacher used his position to gain access to the boys, and used his authority to intimidate them and facilitate his encounters. I don't even know why this would be such a big issue.

But maybe I'm not understanding or the magazine is not being precise.

rivkat May 27 2005, 16:28:35 UTC

As I recall, doing things with a purpose of serving the employer is a way of acting within the scope of employment, but then there's a separate issue whether NJ law immunizes charitable employers from just employee negligence or also intentional torts. So I think Lessig may have to win both points to win. I don't think just having access to the boys is within the scope of employment, any more than embezzling money to which you have access is -- but it's been an awfully long time and most of my knowledge comes from a side issue in copyright law.