Reviewing the law reviews.

• Author: Youngdale, Elizabeth M.

Law Review Highlights:

The world of social networking has expanded exponentially in the last two to three years. No longer the sole province of college students and middle-schoolers, sites like Facebook have opened up and now serve a population that includes teachers, grandmothers--and lawyers. While online social networking provides an easy way to keep up with family and old friends, it also opens up the possibility of new relationships, both personal and professional. Two articles look at some of the legal ramifications of this growing online environment.

In The Ethics of Lawyer Social Networking, Steven Bennett addresses some of the ethical considerations lawyers face as they venture into social networking. (1) The article gives a brief overview of social networking for those who have not yet tested the waters of reconnecting with people who avoided them in high school and then surveys how some of the ABA Model Rules of Professional Conduct might be interpreted when applied specifically to online social networking. Mr. Bennett concludes that in light of changing online environments, lawyers should keep current on new technology and stay alert for potential ethical concerns as they navigate how to use available tools and still serve their clients' best interests.

A second article looks at social networks and blogs in the context of protecting the personae people create for themselves online. (2) For some, these online personae, distinct from the person's real world existences, are commercially profitable entities and are, therefore, subject to exploitation or misappropriation, dangers the right of publicity has been fashioned to protect against. After providing an overview of the right of publicity, Daniel Nemet-Nejat explores how people create these online personae and discusses different sources from which a new legal protection could be fashioned. He concludes that a new right of publicity should be formulated to protect the online persona while at the same time supporting the free exchange of information available on the Internet.

The following list is a selective bibliography of current law review literature thought to be of interest to civil defense counsel.

U.S. and International

Damages

Jessica J. Berch, The Need for Enforcement of U.S. Punitive Damages Awards by the European Union, 19 MINN. J. INT'L L. 55 (2010).

Anita Bernstein, Pecuniary Reparations Following National Crisis: A Convergence of Tort Theory, Microfinance, and Gender Equality, 31 U. PA. J. INT'L L. 1 (2009).

Esther Bruegger and Frederick C. Dunbar, Estimating Financial Fraud Damages with Response Coefficients, 35 J. CORP. L. 11 (2009).

Terence J. Centner, Liability Concerns: Agritourism Operators Seek a Defense Against Damages Resulting from Inherent Risks, 19 KAN. J.L. & PUB. POL'Y 102 (2009).

Steven Garber, et al., Do Noneconomic Damages Caps and Attorney Fee Limits Reduce Access to Justice for Victims of Medical Negligence?, 6 J. EMPIRICAL LEGAL STUD. 637 (2009).

Christopher R. Green, Punishing Corporations: The Food-Chain Schizophrenia in Punitive Damages and Criminal Law, 58 DEF. L.J. 135 (2009).

Maria C. Klutinoty, Note, Exxon Shipping Co. v. Baker: Why the Supreme Court Missed the Boat on Punitive Damages, 43 AKRON L. REV. 203 (2010).

Katrina A. Pohlman, Note, Have We Forgotten K-12? The Need for Punitive Damages to Improve Title IX Enforcement, 71 U. PITT. L. REV. 167 (2009).

Nicole M. Quallen, Damages Under the Privacy Act: Is Emotional Harm "Actual"?, 88 N.C. L. REV. 334 (2009).

Pamela Samuelson and Tara Wheatland, Statutory Damages in Copyright Law: A Remedy in Need...