Bar Exams, Feminism, Gender, New York Times, Pictures, Screw-Ups

Picture of the Day (and Possible Bar Exam Question)

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For those of you who just took the bar exam, the last thing you want is another essay question. But just for fun, and to see how much you’ve retained, here’s one for you (in the style of an MPT question):

Your client is a junior associate at a top New York law firm. She agreed to be interviewed and photographed for an article in the New York Times.

When the article appeared, your client was captured in this unfortunate pose:

Your client is distraught. She admits that she consented to the interview and photo shoot. But when she did, she had no idea the Times photo editors would choose THAT picture (out of literally hundreds that were taken).

What possible theories of liability would you explore as the basis for a possible lawsuit by your client against the New York Times?

(Hint: New York does not recognize the tort of “Being negligently photographed in the Sharon Stone pose.”)
Update: At least one of you thinks this photo is no big deal. But we view the photograph as brilliantly composed, fascinating, and tantalizing. It’s like the smile of the Mona Lisa: the more you stare, the more elusive the mystery becomes.
For Young Earners in Big City, a Gap in Women’s Favor [New York Times]

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