SU Home  |   Newhouse Home  |   Events  |   Research links  |   Contact Us  |   Home
Header Header
» MORE EVENTS
Recently on Lawbeat
LawBeat watches the journalists who watch the law. It is meant to start a conversation — here and in the classroom — about the quality of journalism focusing on the justice system, lawyers and the law. All posts are by Mark Obbie unless otherwise noted. Go to this archive to read more about LawBeat's focus and to this page about what motivated its creation, and how it evolved. Go here for the 10 Deadliest Sins of Legal Reporting post. And go here for blanket disclosure of Obbie's conflicts of interest.
•  About the program
•  Legal studies minor
•  Careers in legal journalism
•  Research links
•  Contact us
•  Legal reporting fellowships
•  Blog
blog
RSS-Subscribe RSS Feed   |   › Most Recent Postings
LAT anthrax scoop chock full of detail
Los Angeles Times
Fri, August 01, 2008
The LA Times' David Willman scoops the competition about the apparent suicide of a suspect in the 2001 anthrax attacks. Anonymously and occasionally vaguely sourced -- except for direct quotes from the suspect's sworn statement to investigators -- Willman's story is packed with detail about an investigation that has now burst into the open with the death Tuesday of the suspect, Bruce Ivins, who worked at the government's biodefense research laboratories at Ft. Detrick, Md. By early morning, The New York Times, Washington Post, and Wall Street Journal were forced to post an AP story crediting the LAT. One detail in the story makes clear that Willman was working the Ivins angle at least in the week preceding Ivins' suicide:

Ivins was committed to a facility in Frederick for treatment of his depression. On July 24, he was released from the facility, operated by Sheppard Pratt Health System. A telephone call that same day by The Times verified that Ivins' government voice mail was still functioning at the bacteriology division of USAMRIID.

Willman's story, perhaps understandably, is entirely skewed to the government's point of view. Now, let's see if the Times and its competition maintain a sense of skepticism about the truth of those publicly unproven and unchallenged suspicions, in light of the Steven Hatfill fiasco.
Posted at 08:07 AM
View Comments (0)
Court records yield rich spy story
Mother Jones
Fri, August 01, 2008
For the second time this year, Mother Jones' venerable James Ridgeway -- this time with an assist by the magazine's DC bureau chief, David Corn, and associate editor Daniel Schulman -- has mined a cache of records and depositions from a lawsuit over a business investment to dish dirt about opposition research. The latest story unmasks a double agent who spied on gun-control advocates for the National Rifle Association. The reporters went beyond the records to confirm their target's identity, through other public records plus old-fashioned reporting. It's quite a tale, and builds off a story that Ridgeway wrote in April.
Posted at 03:07 PM
View Comments (0)
Amerithrax, Day Two: Revenge of the followups
Sat, August 02, 2008
We know who won the anthrax-scoop contest on Day One. What about the all-important Day Two, when the major papers scrambled to fill in as many blanks as possible? My comparison of the LA Times, NY Times, Washington Post, Wall Street Journal, and USA Today stacks up like so:

Best new twist: LAT's David Willman, who plays the scoop artist game expertly, having held back a fresh angle (on suspect Bruce Ivins' patents and stake in anthrax vaccine discoveries) while teasing his competitors with a mention deep in his story that he had been onto Ivins "earlier this year."

Best all-out assault: WaPo, with (by my count) 20 reporters, and even more researchers, and with a newsy, story-advancing tone (including details on plea bargaining by Ivins' lawyer set to occur on the day Ivins died and on the forensic analyses that led investigators to Ivins).

Greatest magnanimity: The NYT, which credits the LAT far more prominently than others (and a raspberry to the Post, for citing "a news report" early in its main story and only belatedly bothering to mention which paper had scooped it the day before).

Most perfunctory (tie): The WSJ (a quadruple-bylined staff piece that broke little ground) and USAT (for lazily using the excellent AP wrapup by Matt Apuzzo and Lara Jakes Jordan -- though, without their bylines). Of course, USAT has an excuse: It's Web-only until Monday's paper comes out (but does anyone actually notice such things anymore?).

The NYT response, even with four stories and a solid team effort, feels uninspired next to the Post's package, in part because of the cautious tone set in the main story by Scott Shane and Eric Lichtblau (though, as we all know in situations involving so many writers and researchers thrown into a pot, that could be blamed on editors and rewrite people and not necessarily on a lack of reporting).

Despite my praise for Willman and his paper, its second-day package is lacking victims' families and coworkers' reactions to the same extent as the competition's stories. There's only one companion piece to Willman's, a standard folo by Richard Schmitt. And, despite my nitpicking, all concerned (other than USAT, so far at least) deserve praise for hitting the story hard, but keeping enough distance to not assume Ivins' guilt quite yet. For one day's work, it's astonishing what they accomplished -- and a testament to having the bodies to throw at a big story (bean-counters, take note).
Posted at 09:12 AM
View Comments (0)
Another take on the mortgage mess
Miami Herald
Sun, August 03, 2008
While the backlash from the housing-bubble burst has focused on Wall Street finances, the Miami Herald's "Borrowers Betrayed" investigation shows that the problems also involve crimes of a lower sort. In a series eight months in the making and a marvel of high-volume record-crunching, the Herald's Jack Dolan, Rob Barry (yes, Dave Barry's son), and Matthew Haggman pack a punch by showing how badly regulated Florida's mortgage business is. The series' taut writing belies the depth of its research and reporting, with hundreds of thousands of background checks on the state's felon-riddled ranks of mortgage brokers and hundreds of interviews. It's important stuff, and well told in a smart online package. The series' how-to is worth a look for would-be copycats, but I'm hoping the authors eventually provide more details (in the IRE Journal, for example).
Posted at 09:47 AM
View Comments (0)
"Homicide 37" series: bleak and powerful
New Orleans Times-Picayune
Sun, August 03, 2008
Despite a frustrating Web presentation that obscures the project's ambitions, this New Orleans Times-Picayune series by Brendan McCarthy -- touted in E&P as a refreshing contrast with the Washington Post's recent "Who Killed Chandra Levy?" serial (which is unfair to the Post's excellent series) -- is pure urban despair. It's written in eight short takes as a procedural narrative following a murder investigation typical of "so many others in a city that year after year posts among the highest per-capita murder rates in the nation: young black male, shot at night, right in the street, right in front of people." The series is gripping, a testament to shoeleather reporting. McCarthy is with the cops and the victim's family at key moments, and he writes it well, from the dynamite opening through today's sorrowful conclusion. Each part is too short to explore the deeper issues, but that's not the series' purpose. This is pure storytelling based on invaluable eyewitness reporting that illuminates the issues by example. And it should serve as inspiration to cops reporters everywhere.
Posted at 09:50 AM
View Comments (0)
Amerithrax backlash: cooler heads prevail?
Mon, August 04, 2008
The more that reporters dig into the Bruce Ivins anthrax case, the less certain we are of key facts asserted in the first- and second-day reports. David Willman of the LA Times led his big scoop last Friday with the news that Ivins killed himself "just as the Justice Department was about to file criminal charges against him for the attacks." On Sunday, NPR's Dina Temple-Raston and today The New York Times' Scott Shane portrayed any indictment as weeks away -- according to Temple-Raston because of a series of procedural steps that had yet to occur, and according to Shane because the case was still too shaky to be considered ready. Is Willman's wording still true, given that Ivins reportedly was told he would be charged? It appears Willman overstated the timing. But we still don't know the facts, and Shane's report is pegged to a single anonymous source said to have been briefed on the status of the case (later, and perhaps tellingly, he writes that Ivins' attorney Paul Kemp "declined to comment for the record," which leads me to speculate that the doubt cast on a possible indictment might merely be defense spin).

Other elements of the story that have gone wobbly are the Washington Post's report on Saturday of active plea bargain talks (now portrayed elsewhere as pressure by law enforcement to bring Ivins to the plea-bargaining table, but not active plea-bargaining); Willman's focus on a possible greed motive (several others challenge the notion that the patent Ivins held on a vaccine was financially promising); and everyone's excitement over testimony by a social worker who claimed that Ivins was a homicidal loose cannon (with little or no skepticism about how the social worker could state so categorically that Ivins had indeed conducted the anthrax attacks). The core of Willman's original report, of course, still holds up: The investigation indeed had turned its focus on Ivins and was accelerating. But loose threads are now exposed.

Some of the reasonable doubts are raised today in Glenn Greenwald's report at Salon, which includes a serious challenge to the social worker's credibility. Greenwald also has looked back to 2001 to pose tough questions for ABC News' Brian Ross, whose reports linking the anthrax attacks to Iraq Greenwald has a long history of attacking (Greenwald wrote that ABC and Ross were guilty of "the single greatest, unresolved media scandal of this decade"). That report and a folo yesterday have been picked up by Jay Rosen and Dan Gillmor, who are joining Greenwald's campaign to pressure ABC to reveal its sources for the discredited reports.

It all adds up to yet another illustration of the dangers of relying on anonymous sources and the rush to judgment when only part of the story comes out via shadowy channels. As I said on Day One, let's see how well journalists maintain their sense of skepticism. I'll include myself now in that admonition, given how ready I was to gush about the LAT and WaPo reports in the first two days.
Posted at 11:10 AM
View Comments (0)
Ruling supports openness in jury selection
The Legal Intelligencer
Mon, August 04, 2008
A panel of the 3rd U.S. Circuit Court of Appeals has written a lengthy opinion explaining why a trial judge erred in trying to hide the names of jurors in a government-corruption trial. The decision is reported in this detailed story by Shannon Duffy of The Legal Intelligencer in Philadelphia. Theoretical privacy concerns don't trump the tradition of openness, the court ruled over the dissent of one judge who groused about having to "bow to media demands." The challenge was filed by lawyers for the Pittsburgh Post-Gazette, the Pittsburgh Tribune-Review, and WPXI, who've aided the cause of post-verdict jury interviews, in addition to the general principle of public trials.
Posted at 11:50 AM
View Comments (0)
Behind the scenes of "Homicide 37"
Columbia Journalism Review
Tue, August 05, 2008
Brendan McCarthy, the New Orleans Times-Picayune cops reporter who wrote the "Homicide 37" series that I raved about, gives some peeks behind the scenes of the project in this Q&A with CJR's Katia Bachko. On the second day of shadowing a pair of detectives -- in a deal he struck with New Orleans P.D. when he was asked to cover a story on improving crime stats -- his detectives got the call for a routine murder. They would work it for 40 straight hours, with McCarthy by their side. He says:

In this 40-hour span with the detectives, there [were] so many details, and dialogue and action. There was a point where they were just detectives and I wasn’t in the back seat anymore. I filled twelve notebooks with stuff.

And don't assume that this sort of project is possible only with vast amounts of time and space. When asked how much time his editors gave him for the project, McCarthy said, "My editor freed me up for a little over a week."

Posted at 12:46 PM
View Comments (0)
Portolio drinks the law Kool-Aid
Portfolio
Wed, August 06, 2008
When Conde Nast launched Portfolio magazine in early 2007, I fretted that it didn't have the kind of legal reporting in it that Fortune excels at, and that Forbes and Business Week (headed by former American Lawyer editor Steve Adler) also emphasize from time to time. Since then, Portfolio has dabbled in stories of lawsuits and indictments. The latest issue, though, goes deeper than ever into legal territory. Consider: Daniel Golden's cover story on sweetheart mortgage deals made by embattled Countrywide Financial to members of Congress; Christopher Stewart's feature on New York lawyer Bob Amsterdam, longtime counsel to Russian oil billionaire Mikhail Khodorkovsky (my favorite of the bunch), fighting a heavy-handed Kremlin; and Joel Siegel's depressingly familiar story of a rich family's endless estate battle -- this time it's the Carvel ice cream clan. They're all slick and solid pieces, perhaps more writerly than original, but all with at least one key character granting access to give the writer something fresh to say. Portfolio takes its knocks from critics, but for my money it's consistently strong. I find myself spending much more time with it than with practically any monthlies that I read. Now, I am glad to see, law is a major ingredient.
Posted at 08:46 AM
View Comments (0)
Jurors and reporters gagged after Rochester verdict
Democrat & Chronicle
Wed, August 06, 2008
This one's close to home. A Rochester federal judge who's scheduled to sentence three people later this month has reaffirmed his order barring jurors from talking to anyone about their deliberations and, remarkably, barred anyone (including reporters) from contacting them. Not that there's any proof that reporters have harassed jurors, or even tried to do what reporters should do after a big trial of local interest (the defendants were convicted in a scheme that defrauded local taxing authorities, involving inflated valuations of Kodak real estate). The local Gannett paper, the Democrat & Chronicle, briefly reported the decision on July 31, which I missed, and today published this editorial, which rightly slams the judge for going overboard. The paper quotes the judge as writing that his gag order was "necessary based on the highly publicized nature of this case, to adequately protect that sanctity of jury deliberations, and to protect jurors from being examined about their deliberative process." Earth to Judge David Larimer: Once deliberations are over, it's up to jurors to decide what to reveal. (Via Judicial Reports)
Posted at 11:01 AM
View Comments (1)
Announcing a new reporting fellowships program
Thu, August 07, 2008
One of my best experiences as a student happened in grad school at the Missouri j-school. I was in the Washington Reporting Program, and the director at the time, Steve Weinberg, got a call from a freelancer who needed help from a student researcher. Steve recommended me. And for the next several weeks, I was hunched over records at the Federal Election Commission, helping the reporter (whose name I've long since forgotten) piece together the story of a crooked congressman and his pay-for-play relationship with the unions and industries that his powerful committee "regulated." I had gotten a fair bit of hands-on experience at Missouri, but there was something more valuable -- more real -- about doing legwork for a working journalist.

Nearly 30 years later, I got a call last summer from a journalist working on a biography of a Supreme Court justice. He wondered if I could supply him with a student to help with research. The author, fortunately, had a budget to pay the student. I put him in touch with one of my students. And that got me thinking more about the value of student-professional collaboration.

Which leads us to today: the start of the Carnegie/Newhouse School Legal Reporting Fellowships. Through the generosity of the Carnegie Corporation's Journalism Initiative, which paid to launch our overall program, we are creating a program that supports the work of freelance writers, producers, and authors on law-related projects. That support comes in two forms: a grant to subsidize their expenses, and a dedicated student researcher. We're supporting quality legal journalism in the public interest, and fulfilling the goals of this program to improve journalism education. We're even improving on the project from decades ago that inspired me -- by paying the students, and insisting that they get credit as a researcher in the final product.

We'll award four fellowships this September. Each fellowship winner receives up to $3,000 to cover out-of-pocket costs such as travel and acquiring records and data. This could be for on an ongoing project that you haven't yet sold, or where the publisher will not cover such expenses. The student pay is separate from these funds.

Here's the press release. See the applicant guidelines for a full explanation. And here's the application form. It's due to me September 8.

Bottom line: We want to help give birth to quality legal journalism while involving our students in the hands-on research or reporting, and we want to focus our support on independent journalists who lack the backing of a media employer. In addition to the expense-reimbursement funds, you'll get a paid student researcher able to provide an average of five hours of work per week throughout the school year, and an expense-paid trip to Syracuse to speak to students about how you conducted the project and what you accomplished, once it's over. The student involvement in your project is crucial -- it's what motivated us in the first place to support freelancers' work -- so be creative about how you might involve a student researcher in your work.

You're eligible if you make your living primarily as a freelance journalist in the U.S., in any medium. The fellowships are geared to original, nonpartisan reporting on local or national legal stories. We'll look favorably on projects that expose problems, suggest solutions, and educate the public about the workings of their laws, lawyers, judges, and justice system. It's also a plus if you weave the tools that TRAC provides into your project. One of the fellowships, with additional support from Syracuse University's Institute for the Study of the Judiciary, Politics, and the Media, will go to a reporter focusing on a story involving questions of judicial independence.

Why just freelancers? Because journalists on staff in news organizations often have the resources to invest in prospective stories. But freelancers are taking a personal financial risk when they invest in an early-stage story. With our help, they might be more willing to take that risk. Another reason: I was uncomfortable committing funds from a non-profit to aid for-profit businesses.

A panel of Newhouse faculty (all of whom are current or former working journalists in newspapers, magazines, the Web, broadcasting, and books) will review applications and choose this year's four winners by September 29, 2008. The deadline for applications is September 8, 2008.

Read this page for more details and application rules and forms. And contact me if you have questions or suggestions. Please forward a link to this post to your favorite freelancers.

-- Mark Obbie
Posted at 04:14 PM
View Comments (0)
Circumstantial Evidence 101 on NPR
NPR Morning Edition
Fri, August 08, 2008
After a report by Laura Sullivan that was described as the "first sit-down interview" with anthrax suspect Bruce Ivins' attorney, Paul Kemp, NPR's Ari Shapiro used his reporting to contribute to the ongoing debate over the strength of the government's case against Ivins. Shaprio tackled a natural topic for a sidebar: what is circumstantial evidence, is it an inherent sign of prosecutorial weakness, and how common is it? Shaprio's expert sources provided a healthy variety of answers, making for a generally helpful and instructive story. Too bad Shapiro didn't take a few more seconds to contrast circumstantial evidence with its opposite -- physical and other direct evidence. Still, he used a high-profile case, and an often-repeated but rarely explained element of it, to teach his audience some law.
Posted at 11:28 AM
View Comments (0)
Abrams' bully pulpit: a lost opportunity?
ABA Journal
Fri, August 08, 2008
Why does NBC's Dan Abrams think it's his place to spout off with his opinions about stories he's covered and other political goings-on? Couldn't a chief legal correspondent for one of the networks -- one who, by the way, usually does a thoughtful job in how he handles his work on the air -- instead use his forum at the ABA Annual Meeting to talk about the role of the reporter, or relations between press and bar, or to agitate for improved public understanding of the law? Just asking!
Posted at 06:30 PM
View Comments (0)
Small news site challenges El Paso court secrecy
The Newspaper Tree
Sun, August 10, 2008
A news Web site in El Paso, Texas, is raising hell about the secrecy imposed by a federal judge and law enforcement officials in the courtroom phase of a long-running public-corruption investigation. The Newspaper Tree reported last Wednesday that it had renewed a battle that last May yielded an order by U.S. District Judge Frank Montalvo keeping most secrecy provisions in place in the case, including closed guilty-plea hearings and sealed dockets, pleadings, and transcripts. In that May decision -- prompted by a motion by a community activist, not by journalists -- Montalvo essentially made the case for the newsworthiness of the proceedings. After quoting a Texas Monthly column on the case's importance to El Paso, Montalvo noted that many of the 80 "persons of interest" named in the investigation as suspects or potential witnesses are "prominent community figures," including judges and other elected officials. Still, Montalvo wrote that witness protection and the FBI's need to maintain the element of surprise dictated his decision to conceal what normally is public. Montalvo wrote:

The Court is not asking anyone to "trust me because I say so." Instead, the Court is suggesting that the public should trust the system, because the procedures in place have withstood the test of time.

Now that the independent Newspaper Tree has joined the fight, Montalvo has asked the government to weigh in by September 5. The newspaper deserves praise for supplementing its aggressive coverage of the case with a formal challenge to a court's extraordinary secrecy provisions. The dominant newspaper in town, the El Paso Times, also has covered the case extensively, but evidently has not seen fit to complain publicly about limits placed on its access. (Via Reporters Committee for Freedom of the Press)
Posted at 12:55 PM
View Comments (0)
Burrough on Mahler: Writing, not reporting, is key
The New York Times Book Review
Sun, August 10, 2008
The Times Book Review assigned a heavyweight journalist to review the latest book by a journalist on law in the war on terror. But reviewer Bryan Burrough is so fixated on storytelling technique that I barely learned anything about the substance of Jonathan Mahler's The Challenge: Hamdan v. Rumsfeld and the Fight Over Presidential Power. Burrough writes that he "wanted an aria, and all that’s on the page is a terribly intricate and somber hymn." Well, as a reader of the review, I wanted to know more than just whether it's a pleasure to read. What new light does Mahler shed on the Hamdan case? And on his much-documented legal team? No way to know based on Burrough's telling. I didn't fare much better reading Seth Lipsky's review in the New York Sun, which compares the book favorably to Tony Lewis' Gideon's Trumpet but also lacks perspective on what new facts the book brings to the table. Guess I might just have to break down and read it myself. I'm not afraid of an occasional legal-reporting hymn.
Posted at 01:19 PM
View Comments (0)
Judge-bashing panel bashes media
Judicial Reports
Sun, August 10, 2008
Based on this report in Judicial Reports, I'd have to conclude that the organizers of a panel discussion at the ABA Annual Meeting are as guilty as the journalists their panelists took aim at. The charges? Bias, unfairness, and blaming a class of professionals without digging into the facts. Jason Boog reports that the panel on "Judges Under Fire" sang in near-unison on how tough it is to deal with journalists, and how prone news reports are to superficial judge-bashing. The one journalist on the panel, Dale Van Atta, ended up agreeing with the media-bashers. To me, it sounds like a tired rehash of elitist lawyers' and judges' laments about the media. The rants contain more than a little truth. But they are such gross generalizations, and they often pay so little attention to judges' and lawyers' own complicity in the strained relations, that I keep hoping at some point the planners of such events will be shamed into trying to say something new on the topic. At least this panel touched on some productive tactics, such as judges explaining their decisions in writing more often and rapid-response teams providing a judge's side of an argument when the judge himself is muzzled. But, as Tony Mauro points out in the last item of this ABA roundup, what about the "sometimes baffling" refusal of judges to talk even when the rules would seem to allow it? And I would ask whether there was much recognition on the panel that the cult of secrecy -- from reflexive "no comments" to closed hearings, sealed pleadings, and contempt for open-records laws -- bears significant blame. Yes, some journalists are careless and stupid and unfair. But even the well-meaning ones are stopped in their tracks, every day, when trying to report completely on the law. 
Posted at 01:54 PM
View Comments (0)
Frank vs. Forbes: Correction or spin?
Forbes.com
Mon, August 11, 2008
Ted Frank of the American Enterprise Institute is one of several experts that Forbes senior editor Daniel Fisher quotes in this story about the likely fate of federal tort-reform policy, depending on who wins the presidential election. But Frank isn't just any old source. He has a rather prominent microphone to talk back if he's unhappy with a story. And talk back he does today at Overlawyered.com, the popular tort-reform blog. Frank declares himself "very disappointed" with the story by Fisher, whom Frank says "usually understands legal issues and has done some good reporting about trial-lawyer abuses." The first claimed error: where Fisher calls tort reform a "catchall phrase for legislative measures designed to make it harder for individuals to sue businesses." Frank's retort:

[M]any tort reforms make it easier for individuals with legitimate claims to sue businesses. Tort reforms are simply measures to improve the accuracy and efficiency of the civil justice system; they’re opposed by trial lawyers because they derive billions of dollars of wealth from inaccuracies and inefficiencies in the civil justice system, and supported by businesses and consumers that are the victims of such inaccuracies and inefficiencies.

Get serious! That's pure lobbyist spin (from the same school of political semantics that, ironically enough, gave us the American Association for Justice in place of the Association of Trial Lawyers of America). Granted, Fisher's description of tort reform is simplistic, but any objective reader would agree that it's not wrong. The rest of Frank's critique is similarly nitpicky, which is certainly biting the journalistic hand that feeds tort reformers (considering Forbes' historically relentless attacks on trial lawyers). It's great to get post-publication, public feedback from a quoted source, but it's too bad that Frank uses the opportunity to howl about inaccuracies when all he really wants is the ability to edit a story to his liking.
Posted at 10:32 AM
View Comments (3)
News from Mahler book starts to dribble out
Pro Publica
Mon, August 11, 2008
Now this is the kind of juicy reporting that I wished a reviewer would pluck out of Jonathan Mahler's new Gitmo-justice book, The Challenge. Thanks to Pro Publica's Eric Umansky, a close reading of the book yielded a newsy tidbit about the Hamdan case, complete with links to the relevant excerpt and the book's prologue.
Posted at 04:25 PM
View Comments (1)
Jack Goldsmith hates a free press!
The New Republic
Wed, August 13, 2008
OK, maybe that headline is a bit overstated. But I can't help but suspect that's the bottom line after a remarkable exchange of erudite volleys between former Justice Department legal policymaker Jack Goldsmith and The New York Times' Eric Lichtblau. I wrote here about Goldsmith's sharp attack in The New Republic on Licthblau's national-security reporting. Now Lichtblau has fired back -- arguing in essence that he and the Times have done their duty in shedding light on important policy debates (a point I made here when noting Licthblau's effect on the FISA bill debate) -- and Goldsmith as returned serve. It's the latter that's most notable, in my mind. What once was somewhat subtle is now explicit about Goldsmith's attitude toward a truly independent press. Check out these quotes:

Nor does he provide any reason why the Times--inexpert in national security, motivated by fame and profit, and lacking political accountability or external checks--should be trusted to strike the right balance between security and disclosure. Sometimes it makes the right call, but often it does not.

. . .

We've focused a lot on the dangers of government secrecy in the last seven years, and too little on the dangers of an unchecked and sometimes irresponsible press. Lichtblau's book has done the country a service by laying these latter dangers bare.

Did Goldsmith write his own book merely for "fame and profit? Is it not possible, in other words, for journalists and authors to write in what they perceive to be the public interest -- even if it also is fodder for a profit-making business? And does he really advocate "external checks" (in the legal sense) on the American press? Hammering on a supposedly irresponsible press is free speech, and completely fair game. Pining for criminal penalties or prior restraint -- and correct me if I'm wrong, but I catch whiffs of that in the collection of Goldsmith's writing -- is downright scary. But we can thank both authors for venting their beliefs in a fascinating clash of world views.
Posted at 03:06 PM
View Comments (0)
Edwards scandal: a half-baked scoop
Overlawyered.com
Thu, August 14, 2008
I'm not trying to obsess about Ted Frank, despite our little scuffle earlier this week. But when I saw this item on the fallout from the John Edwards adultery story, I couldn't hold back. This ought to be framed and hung on the wall of every journalism school. The title: The Difference Between Journalism and Agenda-Driven Blogging. If I am reading this correctly, Frank has committed serious errors in his rush to publish, and he's speculating about bribery or other skullduggery without a shred of proof. If he were a reporter working for me, I would applaud his reporting thus far, but advise him that he's not even close to being ready to write a story. Keep working at it, Ted. And meanwhile, let Overlawyered know it had better alert its libel carrier on this one.
Posted at 08:32 PM
View Comments (0)
Weak explanation of Stevens defense
The Wall Street Journal
Fri, August 15, 2008
One of the great challenges of writing about the law is fitting cogent explanations into tight spaces without repelling lay readers with overly technical explanations (actually, that sounds like several challenges wrapped in one, but you take my point). The Wall Street Journal's Brent Kendall errs on the side of brevity today in this story about what he calls a "flurry of pretrial motions that challenged the government's public-corruption case" against Sen. Ted Stevens. Kendall uses about 150 of his allotted 416 words to detail those motions:

Sen. Stevens' legal team made three arguments on why the government's case should be thrown out.

In one motion, his lawyers said the government's case improperly intruded on the Senate's domain and violated separation-of-powers principles. In another, the lawyers said the government's indictment was unconstitutionally vague because it lacked proper details about the gifts Sen. Stevens' allegedly received and concealed.

Sen. Stevens' legal team also argued the government's case violated the Constitution's Speech and Debate Clause because Sen. Stevens was being prosecuted for legally protected legislative acts.

In other motions, Sen. Stevens' lawyers asked the government to be more specific about certain charges, and they said some of the language in the indictment was prejudicial and inflammatory.

The lawyers also suggested that Sen. Stevens may seek to suppress some of the government's electronic-surveillance evidence. According to Sen. Stevens' legal filings, the government has 450 hours of telephone intercepts.

He saves many of the remaining words for background on the case and for the government's responses. So we sympathize with Kendall's plight. But, with real explanations lacking, how is a reader to appreciate, much less understand, the arguments? How does the case raise these constitutional issues? And what are those issues exactly? What difference does it make if an indictment is "prejudicial and inflammatory"? What does it mean -- legally, and factually in the context of this case -- to suppress electronic-surveillance evidence? Kendall would have been better off being less specific so that he could use the space to characterize the arguments, rather than try superficially to list them.
Posted at 08:09 AM
View Comments (0)
Stiff-arming an "unGoogle" demand
Fri, August 15, 2008
I hope there's a press-freedom award in the works for the student editors, past and present, at Seattle Pacific University's student paper -- and a special place in hell for the folks who run their school. As Isaac Amsdorf reports today in the Seattle Times, the students have resisted heavy-handed pressure from their school over a long period of time in a dispute with a former student who's unhappy that an embarrassing 10-year-old story about him remains accessible on the Web. Shakespear Feyissa initially sought the attention, when he accused SPU of wrongfully suspending him based on accusations of attempted sexual assault. The case never turned criminal, and the school beat Feyissa's race-discrimination claims. Now Feyissa's a lawyer and a single guy, and he says every time he's Googled, professional acquaintances or women he wants to date learn of the old accusations. The school agreed to remove the story from the paper's Web server, arguing that it serves no purpose any more. Amsdorf quotes the former editor on why he said no:

"We explained to them, if they wanted to start down a path of removing historical archives and pulling it from the public sphere, what they're doing is censorship," said Chris Durr, the editor at the time. "We basically said, sorry, we have principles in journalism that don't allow us to put stuff in the memory hole and pretend it never happened."

After all, the students said, it's factual and a matter of record.

He gets it. Too bad his school administrators don't. It's a road that no journalists should want to go down, especially concerning reports on crime and litigation. Now, at least, a Google search for Feyissa's name will turn up this story (and probably a fair number of blog posts and follow-ups) where he explains his side of things. (Via Romenesko)
Posted at 12:08 PM
View Comments (0)
Schiavo coverage medically flawed, study says
Fri, August 15, 2008
A new study documenting inaccuracies in four newspapers' coverage of the Terri Schiavo case focuses on the medical facts in hundreds of stories, rather than on the political and legal aspects. Here's the editors' synopsis of the study by five researchers in the journal Neurology of coverage from 1990 through 2005 in The New York Times, Washington Post, Tampa Tribune, and St. Petersburg Times:

Of the articles analyzed, 21% reported that Schiavo "might improve" and 7% that she "might recover." Statements explicitly denying the PVS diagnosis [persistent vegetative state] were found in 6% of articles. Explanations of PVS and other chronic disorders of consciousness were rare (?1%). Most frequently cited descriptions of behaviors were that the patient responds (10%), reacts (9%), is incapacitated (6%), smiles (5%), and laughs (5%). Withdrawal of life support was described as murder in 9% of articles.

That made me wonder if the study suffered from a key misunderstanding -- accusing a newspaper of misstating facts when all it had done is quote a participant or observer in the battle -- but a close reading of the article shows that the authors carefully weighed the attribution of such claims and whether they were refuted by other experts (though these findings are tough to pluck out of the text and charts). The study seems to have a solid basis to argue that a scary number of stories reported medical impossibilities as fact, or did not challenge assertions by biased sources.

Except for one, big caveat: Nowhere do the study's authors explain how certain Schiavo's diagnosis was before her death -- and how reporters were supposed to know the answer to that question in a heated battle with competing claims. That strikes me as the most crucial but unexamined starting point: Did journalists critically weigh the evidence, or did they mechanically provide "balance" and thereby mislead readers about the facts? The authors promise to continue their research, in part by studying more coverage of the case. I hope they also find a way to quantify whether reporters did all they could to put the competing claims into a truthful context.

Despite those problems, the paper sheds new light on a critically important episode in legal journalism -- one we're particularly interested in here at Syracuse University. Questions about the case's impact on judicial independence were the spark that led to the creation of the Institute for the Study of the Judiciary, Politics, and the Media, a close affiliate of this blog's parent, the Carnegie Legal Reporting Program. Last semester, in the course that our two programs collaborate to teach, the Florida judge at the heart of the battle, George Greer, was part of our speaker series. The case continues to matter. According to the Neurology study, it's inspiring policy changes around the country concerning health proxies. And Tom Jacobs in Miller-McCune magazine (where I first learned of this) makes an interesting point about the journalistic lessons that should have been learned:

Today, of course, newspapers themselves are on life support. If coverage of the Schiavo case was this sloppy, how poor will it be when a similar event arises and when many reporters who specialize in health, medicine or science have been laid off?
Posted at 01:25 PM
View Comments (0)
Secret military justice documented in pair of studies
Reporters Committee/Tully Center
Fri, August 15, 2008
Thanks in part to a survey conducted by the Tully Center for Free Speech -- located just down the hall from me and headed by my Newhouse School colleague, broadcast journalist and media-law expert Barbara Fought -- the Reporters Committee for Freedom of the Press has just published an important and damning study documenting the barriers to public access in the military justice system. Dockets, other records, and proceedings are frequently and illegally closed, according to the pair of studies that are indexed here (and announced in this accompanying press release). Here's the Tully Center survey that tested the responses from a sample of military installations. The RCFP publications include a white paper plus a story documenting the frustrations for journalists of covering military courts -- and details on how some have overcome the odds to break important stories. One fact that struck me as surprising: the uncertainty over whether the Freedom of Information Act applies to military courts (regardless, though, case law holds that the First Amendment gives a right of access, according to the report).
Posted at 05:14 PM
View Comments (0)
Psychiatric patients' rights vs. safety
The Wall Street Journal
Sat, August 16, 2008
Elizabeth Bernstein and Nathan Koppel use a tragic case of matricide in Maine to spotlight the public-policy tensions between public safety and psychiatric patients' rights. Their powerful front-pager today in The Wall Street Journal -- bolstered by access to records showing how advocates sent William Bruce home, depriving him of care in a psychotic state -- focuses on the government-funded Protection and Advocacy for Individuals with Mental Illness program, or PAIMI, created by Congress in reaction to reports of abuse and neglect of the mentally ill in institutions. The story examines both sides of the debate, including details of legislation around the country that aims to rein in some of the perceived excesses of the patients-rights movement, and is greatly enhanced by access that the reporters were given by Bruce's father to documents showing what Bruce's advocates and caregivers debated behind the scenes before his release. The report includes a video, narrated by Koppel, along with photos and other multimedia add-ons.
Posted at 10:26 AM
View Comments (0)
Sound advice on when to name suspects
The New York Times
Sun, August 17, 2008
Times public editor Clark Hoyt treats one of the toughest legal reporting issues -- whether and when to identify criminal suspects by name before charges are filed -- thoughtfully and fairly. But some of the most thoughtful and fair comments come not in Hoyt's voice, but from one of his quoted sources, L. Lin Wood, a lawyer who frequently represents subjects of news stories who've sued the press. Hoyt writes:

Wood said he believes the news media should report the name of a suspect only if authorities will go on the record or if an arrest is imminent. Journalists should think hard before doing otherwise. They should test the information from leaks, treat it skeptically and, if the decision is to publish, be very careful about tone.

“They’re real people,” Wood said of such suspects, “and their life as they’ve known it ceases to exist. What is said about them is devastating.”

Good advice, in the wake of the Steven Hatfill case and many others like it. When anonymous sources identify suspects who are then dragged through weeks, months, or years of frenzied media coverage, only to be exonerated later, their reputations are often beyond repair. Of course, American journalists' standards are much more liberal than in countries where, by law or custom, defendants get identified only much later in a case. And any changes in the U.S. must be voluntary, which means they'll be spotty. Hoyt ducks taking a stand, but at least he confronts the problems candidly, and distinguishes between tabloid fodder and cases of genuine public interest like the anthrax investigation. Hoyt also reveals that Times op-ed columnist Nicholas Kristof plans to examine his own role in the Hatfill affair (his reporting was at issue in Hatfill's complaint against the Times). We'll be watching for that.
Posted at 07:01 PM
View Comments (0)
Soldiers in hock and a legal shield with holes
National Public Radio
Mon, August 18, 2008
Adam Hochberg has latched onto a hot issue in this NPR Morning Edition story today about the law's failure to protect military personnel serving in Iraq. The story has some problems, but deserves attention and praise nonetheless. At issue are debt-related disputes that service members' families find themselves in -- foreclosure on a home, or repossession of a car or other big purchase, after the spouse stuck at home falls behind on debt payments -- and the federal law that's supposed to protect service members' families from these problems. Hochberg's chief example has sued his lenders for foreclosing on his home and evicting his family while he served with the Army in Iraq, an alleged violation of the Servicemembers Civil Relief Act. The suit provides a window into the broader issues. But two things mar the view. First, the anecdotal soldier has some messy facts in his case that make a violation of the law less than clear cut. Next, the sole justification for portraying the problem as fairly widespread (though Hochberg is careful not to claim it's growing) is a single lawyer who says he's handled hundreds of such cases. Neither problem is fatal to the story's credibility, but a little more reporting might have found a clearer example and better supporting stats.
Posted at 01:34 PM
View Comments (2)
Time explores another drug-and-murder capital
Time
Tue, August 19, 2008
There's a depressing sameness to this Time story on Culiacan, and it's not the fault of the magazine or its writers, Tim Padgett and Ioan Grillo. In what the story calls "the sweltering cradle of Mexico's $25 billion-a-year drug-trafficking industry," Padget and Grillo -- with a powerful photo gallery on the Web by Anthony Suau -- competently and compellingly describe a town overrun with narco-murders and money. They put the battles and despair in the larger context of Mexican government crackdowns, U.S. aid, and the U.S. demand for cocaine that fuels the phenomenon in the first place. And it's done with typical Time fluidity: much is said in relatively few words. What's depressing are the facts, and the historical context that the story doesn't dwell on. But it's a context hard to ignore, when you consider that there have been countless stories on other drug-and-murder capitals in Mexico and in other drug-producing regions for decades on end. That doesn't mean that Time should ignore this one, or that every story has to propose radical, new solutions to the problems. It just means that we're allowed to be depressed at how this never changes.
Posted at 08:58 AM
View Comments (0)
Murder or manslaughter? Sorry, just the facts
Albany Times-Union
Tue, August 19, 2008
Here's an example of a verdict story that's long on facts and short on the law. Albany Times-Union reporter Bob Gardinier does a decent job of explaining key testimony in the trial of a man charged with second-degree murder in a street-fight stabbing. And there's no shortage of reaction from the victim's family and friends who are outraged by the verdict on a lesser charge of second-degree manslaughter. But what besides conflicting testimony over who was the aggressor might explain the jury's decision? Hmmmm... let's think here a moment. I know! The judge instructed the jury on the definitions of those two offenses in the context of this crime, and the jury evidently didn't see proof beyond a reasonable doubt for the elements of murder-two but did for manslaughter-two. By not explaining what the legal difference is, Gardinier gives his readers two options for what to believe: (A) when a victim might be to blame, a jury can ease up on the penalty, or (B) the courts are arbitrary and unfair.  One is too general to be meaningful, and the other is quite possibly unfair. And no, in case you're wondering: The paper's story last week on final arguments and the jury charge, by Kenneth Crowe II, was no clearer on what exactly the jury was asked to decide. (Via Judicial Reports)
Posted at 12:46 PM
View Comments (0)
Abrams' "Verdict" gets bumped
Wed, August 20, 2008
The Times' Bill Carter is reporting that NBC chief legal correspondent Dan Abrams is losing his evening MSNBC program "Verdict," in a shift to more partisan political programming (just what the world needs... ugh). That downgrades the network's legal-issues coverage, which is a shame. But at least Abrams, who got his start at Court TV, is staying at NBC. And I have one more excuse for not bothering to watch the evening cable chatter-fests.
Posted at 09:59 AM
View Comments (0)
Death case yields a just-in-time lesson on law
Houston Chronicle
Thu, August 21, 2008
Allan Turner and Rosanna Ruiz wrote a compact, informative, and well-researched story for today's front page of the Houston Chronicle, informing the raging debate over tonight's scheduled execution of Jeff Wood. Wood faces the death sentence for the murder of a convenience store clerk during a robbery. Wood's accomplice was the shooter and was executed in 2002. The law in question is Texas' law of parties, making an accomplice just as blameworthy as the actual killer. It's easy to have opinions on such a law, but Turner and Ruiz inform that discussion not just with opinions by experts on both sides, but also with facts about how unusual Texas' law is, how often it's been used, what the Supreme Court has said under similar circumstances, and the historical roots of the law. Judging from the reader comments flooding the Chron's discussion board, the facts don't always get in the way of impassioned opinion. But at least the typical reader will come out of the story knowing more than when she went in. (Via Criminal Justice Journalists)
Posted at 01:02 PM
View Comments (0)
DOJ punches back, but misses
Associated Press
Fri, August 22, 2008
Joe Palazzolo at Legal Times' BLT posts about this interesting twist in a story that AP has been following. In her report on the Justice Department's decision to delay new rules designed to help the FBI track terror suspects, Lara Jakes Jordan drew an unusually pointed attack from DOJ flacks in this release titled “Setting the Record Straight: AP's Misleading Article on the Proposed Changes to the Attorney General's Guidelines.” Jordan portrayed the rules changes as a loosening of restrictions. The release -- in tellingly defensive language -- seems to say that nothing in fact is changing. Except that the DOJ proposed changes that it has now put on hold because of congressional doubts. So are the rules changing or not, and if so, how? The release is opaque and shifty. Palazzolo notes that the Times' Eric Lichtblau reported essentially the same interpretation of the rules changes as AP's Jordan, quoting Democratic senators. I can't tell who's right, but I do know that if I were a reporter covering this, the DOJ's press release would make me more suspicious of the department's spin, not less.
Posted at 08:57 PM
View Comments (0)
Greenhouse exit interview: good overview, few surprises
C-SPAN
Sat, August 23, 2008
I finally had a chance to watch C-SPAN's interview with Linda Greenhouse, which aired Aug. 16 on its "America and the Courts" series. No great surprises for serious watchers of the Supreme Court and its press corps. But it's a wonderful piece of plainspoken, accessible public education about the Court's role, and secondarily about the press' work. A few notable tidbits from the retired Times reporter, who's off to teach at Yale Law School in January: 
  • She has no active book project at the moment, but says that she has some "law review-type articles" in the works and a standing invitation to pitch op-eds to the Times.
  • She gave only lukewarm support to pleas for camera access in oral arguments -- and not just because the prospects for change are so remote, but also because she sees merit in some of the justices' objections.
  • When asked about what frustrated her most about the job, she said it wasn't a lack of access to the justices (which other reporters, and critics of the reporters, often cite). Instead, Greenhouse said it was the Court's practice of backloading its most complicated, newsworthy decisions to the final rush at the end of a term.
Even though she's off the Times' payroll now, Greenhouse offered few personal partisan or ideological opinions. But one that jumped out at me was her statement that the Senate's rejection of Robert Bork was a "fair outcome," despite what she said was her personal affection for the nominee and her belief that some of the harshest personal attacks on Bork "didn't ring true."
Posted at 03:34 PM
View Comments (0)
Localizing child-porn prosecution story with data and examples
San Jose Mercury News
Sun, August 24, 2008
Howard Mintz of the San Jose Mercury News provides this overview of the big increase in child-porn prosecutions by federal authorities. He notes both the nationwide caseload and the local scene, colored in by examples of men caught possessing or trafficking in illegal images and now facing stiff prison terms. There's nothing shockingly new in the story -- much has been written in recent years about the phenomenon and related policy debates -- but Mintz does a solid job of explaining the cases and issues to his readers. His was one of two projects that I spotted in the Sunday papers that were based on data compiled by my colleagues at Syracuse University's TRAC. The other was this interesting article by the Times' Charlie Savage on the tendency by political-patronage appointees to the immigration courts to reject asylum requests in greater numbers than other immigration judges. (Via Sentencing Law and Policy blog, which provides additional background)
Posted at 02:39 PM
View Comments (0)
Did Katrina-litigation reporters hide sources' motives?
Fortune magazine's Legal Pad
Mon, August 25, 2008
The imprisoned former personal-injury star lawyer Dickie Scruggs still has investigators -- and Fortune's Roger Parloff -- on his trail. Parloff wrote a long, powerful feature on Scruggs' case in April. And now he's used his blog, Legal Pad, to track what's happened since -- as he phrases it, to "put that new evidence in some context, add some original reporting, and mention a few things that look important to me that haven’t been noted yet." This is Roger Parloff we're talking about, so it's no off-the-cuff, winging-it update. It's in seven takes, a total of more than 5,200 words, starting here. It's interesting stuff to Scruggsologists, and Parloff has attached various legal documents he refers to. Most interesting to LawBeat readers is Part VI, where Parloff asks whether reporters for ABC News, CBS News, Associated Press, and The New York Times reported fully and fairly on the allegations by Scruggs against State Farm in the dispute over Hurricane Katrina damages -- a case that ultimately brought the super-lawyer down. State Farm has since revealed that Scruggs leaked sealed court documents to the reporters. Those documents revealed that the former State Farm employees serving as sources for the stories were also plaintiffs in a whisteblower case. Parloff explains:

Obviously, as a reporter I’m all in favor of sources leaking sealed documents to reporters, so I’m having trouble working up much outrage over this particular transgression.

On the other hand, it is obvious that the reporters in this case were faced with a dilemma and, in some cases, the public was misled as a result. Once the reporters saw the legal caption on the papers they should have realized that the Rigsbys were not wholly disinterested Good Samaritans, but also plaintiffs who had an enormous pecuniary stake — potentially tens of millions of dollars in whistleblower recoveries (see Part V of this series) — in interpreting State Farm’s conduct in the worst conceivable light. While the reporter would want to disclose that potential source of bias to the reader, the fact that the case was sealed made it impossible to do so. (It would get the source, Scruggs, in trouble.) So reporters faced a quandary: either don’t use the source at all, or use the source without revealing the huge potential bias.

Parloff admits he might have used the source without disclosing the source's bias, under those circumstances. But he's right to wonder how honest that's being with readers, and how fair to the other side. In the sterile environment of after-the-fact analysis, I agree that it's a little too dishonest, or incomplete, for comfort. But I also agree with Parloff that anyone who's done this sort of reporting knows that it would be mighty difficult to walk away from those kinds of allegations supported by so much evidence, even with all of the strings attached. In fact, I can imagine myself seeing the sealed pleadings as corroboration -- the sources, after all, were willing to test their claims in court, and our libel lawyers would be happy to have a privileged (though compromised by court seal) document to rely on. This is a messy riddle, deserving of exposure and more thought. Based on what I know, I don't think those reporters committed any journalistic felonies -- so long as they eventually set the record straight about their sources' motives.
Posted at 04:22 PM
View Comments (0)
Making news from an obscenity case's hiatus
Pittsburgh Post-Gazette
Tue, August 26, 2008
The Pittsburgh Post-Gazette's Paula Reed Ward gets a gold star for curiosity, memory, and perseverance in this story about a case that federal prosecutors once bragged about but have seemingly deep-sixed. Ward traces the five-year history of an obscenity prosecution against Extreme Associates, a California pornographer. Even though the trial judge's dismissal of the case and the government's successful appeal overturning that decision consumed a good chunk of time, the case has languished inexplicably for a year -- until Ward called the judge's chambers to ask about the status of the case. Now a status conference is scheduled for next month. Prosecutors won't talk to Ward, and apparently neither will the judge. But Ward reports around those obstacles with experts, advocates, court records, and stats to provide a thorough context. The delay isn't definitely explained, but the story leaves little doubt that the government's passion for the case has cooled a great deal since the indictment was announced with a flourish. (Via Criminal Justice Journalists)
Posted at 12:10 PM
View Comments (0)
Barbie v. Bratz: a fizzled ending
The Wall Street Journal
Wed, August 27, 2008
The Journal's Nicholas Casey and his editors have given enormous amounts of smart coverage to the dispute between Mattel and MGA Entertainment over the rights to the Bratz line of dolls. From a front-page preview of the trial through weeks of testimony and post-verdict wrangling, the paper was all over the story. So it's disappointing to see the play they give it today (subscription required) -- fewer than 500 words on page B4 -- when the jury ended the damages phase with a dollar figure that turns Mattel's win into a somewhat hollow victory. The story covers the basics, but just barely. It reads like a verdict story by a reporter who couldn't sit through the testimony on damages, and merely summarizes the financial arguments in a few words while focusing on reaction and background.
Posted at 08:19 AM
View Comments (0)
Kristof's anthrax apology doesn't overreact
The New York Times
Thu, August 28, 2008
Times reporter-columnist Nicholas Kristof (pictured here) has written the public apology to Steven Hatfill that the paper's public editor, Clark Hoyt, referred to nearly two weeks ago. But if Hoyt, Hatfill, or Times critics hoped that Kristof would go beyond simple regret to renounce aggressive coverage of uncharged criminal suspects, they'll be disappointed. Kristof doesn't explicitly say that he would cover Hatfill the same way again under the same circumstances, but he all but says it when he articulates a standard for naming suspects that puts a premium on public interest and safety -- over the individual's privacy rights. Using hypotheticals, he makes his point clearly and, in my view, persuasively. Kristof shows backbone for not letting pressure, litigation, and hindsight backpedal us into a standard of news coverage that falls short of the independent ground we American crime reporters have staked out. He responsibly draws the line between mere titillation (reports concerning tabloid sensations) and stories that truly affect our readers. Giving scrutiny to law enforcement means treading on individuals sometimes, and Kristof doesn't back away from that ugly truth. Now he's opened himself to public comments about this on his blog. I'll keep an eye on the comments, once they start, and return to the subject if anything notable happens.
Posted at 07:23 AM
View Comments (0)
Where are the Biden legal profiles?
Thu, August 28, 2008
Journalists are starting to outline Joe Biden's legal-policy stances (as onetime chairman of the Senate Judiciary Committee) and his political affiliation with trial lawyers in tort-reform debates. Two stories flagged by Overlawyered -- in yesterday's USA Today by Ken Dilanian and today's LA Times by Chuck Neubauer and Tom Hamburger -- examined various aspects of Biden's longtime policy preference for plaintiffs, his alliance and financial dependence on their lawyers, and the ethical implications of his opposition to asbestos-litigation reforms while his son and a former aide stood to gain. So far I haven't seen a comprehensive legal portrait of Biden. Legal Times helpfully indexed its past coverage of Biden, and Biden's writings in the paper. Bloggers, such as Sentencing Law and Policy's Doug Berman, are nibbling at this, and providing useful links and analyses. But, given our focus here, we're hoping to see a fresh, comprehensive, reported-journalism project take shape soon.

P.S. -- Carolyn Elefant's post at Legal Blog Watch on Monday is a more complete roundup than I'd seen when I wrote my post, so I want to add it here. 

Posted at 10:53 AM
View Comments (0)
Reminder: 9/8 deadline for fellowship bids
Fri, August 29, 2008
Attention, freelancers: After the Labor Day holiday, you have less than a week until the application deadline for the Carnegie/Newhouse School Legal Reporting Fellowships program. I announced the program here last month. The program is explained fully here, and that's where you'll find the program guidelines and application form. Four freelancers will receive grants of up to $3,000 to subsidize their reporting expenses on projects concerning the law. On top of that, they'll receive up to 140 hours of research assistance from a bright and hard-working Newhouse School journalism student. We'll pay the students to help you with your research. Seventeen highly qualified students applied for the research assistant positions. Soon we'll be able to pair four of them with the four winners of the freelancer fellowships. The deadline for professionals to apply is Monday, September 8. The fellowships are open to journalists whose primary source of income is freelance work. Applicants can be based anywhere and can work in any medium (yes, that includes books, a question I've been asked a number of times). Please forward this news to your freelancer friends.
Posted at 04:41 PM
View Comments (0)
Yachting and lawyers in a confusing mix
The New York Times
Sun, August 31, 2008
Usually when I get frustrated about lawsuit stories, it's because a beat reporter from another field -- say entertainment, fashion, business, or sports -- writes about litigation without clearly or accurately explaining what's going on. Here we have a sporting dispute mired in litigation, with an incomplete story that happens to have been written by one of the Times' best legal writers. Go figure. Jonathan Glater lands on Sunday's front page with a tale concerning a battle between two billionaires over sailing's America's Cup. The story has it all -- ego, machismo, big bucks, and fast boats. All, that is, except coherent storytelling about what exactly they're fighting over, and why. We're told that the battle pits Larry Ellison against Ernesto Bertarelli; that the fight is now before New York's highest court; that it concerns a "deed of gift" that created the competition and is now blocking Ellison from competing; and that Ellison calls the rules unfair. But what's that have to do with Bertarelli, his supposed nemesis? And how did Ellison get frozen out of the competition? It's all left unexplained in a story that focuses exclusively on the spectacle of a fight without telling us why there's a fight.
Posted at 06:58 AM
View Comments (1)
RSS-Subscribe RSS Feed   |   › Most Recent Postings
SU Home  |   Newhouse Home  |   Events  |   Research links  |   Contact Us  |   Home
© 2009 S.I. Newhouse School of Public Communications, Syracuse University
This site was made possible in part by a grant from Carnegie Corporation of New York.
The statements made and views expressed are solely the responsibility of the author.
Web site design and programming by ThreeOneFive Design