Social Networking Websites

A Facebook photo to rival David Lat's infamous mobile upload of post-operative cysts.

When you allow a photo to be taken, you should expect that it will be shown to others. That’s at the heart of a judge’s decision in the famous placenta photo case. Unless you’ve been stuck inside a womb, you must have heard by now about the placenta that almost aborted a nursing student’s career.

As previously noted, a Kansas judge decided that nursing student Doyle Byrnes shouldn’t have been kicked out of her program for posting a photo of herself posing with a human placenta to Facebook (at right). It was a move worthy only of de-friending by the weak-stomached.

The actual written decision in the case has come out, and there’s some interesting analysis in it, as noted by Eric Goldman at his Technology & Marketing Law Blog. It suggests that “photo-taking automatically means consent to widespread publication of that photo.” We imagine Brett Favre might object to that….

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Here at Above the Law, we’re still enjoying the awesomeness of 1Ls and 2Ls going to war over the appropriate use of a listserv.

Today we’ve got an email more mundane in subject matter, but no less objectionable. It’s from a 1L (of course), who is trying to “network” with fellow 1Ls.

And it’s written by a 1L at Thomas Jefferson Law School, which had a starring role in the recent, widely read New York Times article on the dangers of going to law school. So our more elitist readers are about to have a field day…

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What kind of world are we living in where people post their 1L grades on Facebook? I guess that after years of status updates about your latest biological function, you can fool yourself into thinking that people actually care about your Civ Pro grade. The world is full of navel-gazers.

Companion question: What kind of world are we living in where people get “offended” because somebody posted his 1L grades on Facebook? I know law schools are hyper-competitive places, but at the end of the day, the only thing you can control is your own academic performance. Getting mad because somebody is boasting about his grades is a colossal waste of energy — energy better spent studying for the current semester (or at least trying to steal his girlfriend). Don’t get mad, get even.

I’m not really on either side of the current ridiculousness going down at Boston University School of Law over one guy’s Facebook page. You see, I live in a world where it’s perfectly acceptable to kind of hate everybody….

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Although I have a blog and accounts with Twitter, Facebook, LinkedIn, and even Plaxo, I am not a big “rah rah” social media cheerleader for the sake of being one. There is much about social media that is overhyped, which is probably why I liked G.M. Filisko’s article in the January edition of the ABA Journal, “Social Media or Snake Oil: Does Social Media Measure Up to the Hype?” I saw many parallels in it in terms of how I have used social media and thought it offered some honest advice.

After the jump, I will point out a few things that have helped me along the way with social media — and reveal its biggest “not-so-secret” secret….

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Social media savvy teen causes national controversy in Australia

‘Tis the season for… lover’s revenge via the Internet. Last week, Elie brought you the tale of a cuckolded man who filmed his wife making out with a fellow SMU Law student (and intervened to throw a weak punch). Then the husband posted the sad, sordid video to YouTube. Because shame makes the hurt go away.

Meanwhile, over in the land down under, a 17-year-old in Melbourne is using her social network savvy to punish a couple of Australian football players who allegedly did her wrong. Kim Duthie claims to have scored with two of the players (and to have had a miscarriage as a result). Feeling used and abused, she’s now using all the digital tools at her disposal — Facebook, YouTube, Formspring, and Twitter — to broadcast her story, as well as a handful of naked photos of the St. Kilda football players. This girl makes Karen Owen look like a saint.

And apparently she didn’t think through the legal implications of putting photos of the football players’ “lands down under” up on her Facebook page…

Read on at Forbes.com.

So lawyers, if you’ve recently been laid off or have been out of school for over a year without a job, it’s probably time to look at your résumé and take out any reference to the fact that you’re, you know, “dynamic.”

Sure, you might be. But so is everyone else. And, more importantly, nobody cares anyway.

LinkedIn’s analytics team reviewed 85 million LinkedIn profiles and came out with a list of the most “clichéd and overused” phrases found on people’s resumes.

As they succinctly say, “You know what they are — those ambiguous ones that really don’t tell you anything.”

Here are the 2010 top 10 buzzwords used in the U.S., according to them….

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Small law firms have many of the same management issues as Biglaw firms, but often deal with them differently — for example, setting billable hour requirements and adjusting pay scales to keep their lawyers happy (or at least just happy enough not to quit). One such issue that keeps coming to my attention is social media marketing.

Biglaw firms have formal departments to handle logos, social media, and the overall direction of their firms’ brands. Small firms have… well, they have the attorneys and maybe a do-it-all firm manager (like we had at my old firm). Thus is born a market for the web and SEO experts.

But wait, this is not what you think! This is not another self-help article about how to fix your website or use Twitter (like a pro!). There are more than enough of those.

Instead, I want to explore a less popular position…

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In the comments earlier today, I remarked that it feels like law students are gearing up for finals. You can just tell. We’re getting more and more psuedo-substantive legal arguments that only look at one side of the issue, but are said as if the commenter is some kind of expert in whatever law he or she is talking about.

It’s cute. I really like this time of year. It’s like watching chicks frantically trying to learn how to fly before the flock has to migrate south.

[Cue David Attenborough voice] While it appears that the youngsters are having fun and games, this is a time of deadly seriousness for the students. Nerves are getting frayed; passions are inflamed. In the American South, we have an example of just what can happen when two law students collide over proper social etiquette at a time when ‘A’s are scarce. At a place called Florida State University College of Law, a missed assignment sent two dominant females into the arena called “Facebook”….

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This morning, the Senate had a TSA oversight hearing to discuss serious issues around secure air travel, notably the use of see-through-your-clothes scanners and aggressive “crotchal area” patdowns. A highlight was the TSA head offering any of the senators that wanted one a sample patdown to experience it for themselves. No happy ending guaranteed.

For the patdowns and scanners, that is. “There must be a way to figure out how to do what’s necessary… and for the privacy concern to be addressed because it’s legitimate,” said Senator Kay Bailey Hutchison in her opening remarks.

Frequent flyers are increasingly annoyed with their air travel experiences, whether they’re being scanned, felt up, paying for extra bags, or having their flights delayed or canceled. One U.K. man turned to Twitter in January to vent his frustration when his visit to a lady friend in Ireland was thwarted by a snowstorm. Paul Chambers tweeted, “Robin Hood airport is closed. You’ve got a week and a bit to get your sh*t together, otherwise I’m blowing the airport sky high!!”

The British sense of humor tends to be dry. Chambers’s was too dry for the courts there. He was convicted of being a menace and ordered to pay $4,800 in costs and fines. When his appeal was denied last week, it caused an explosion on Twitter. And those protest tweets will soon be turned over to police…

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What happens in Vegas stays in Vegas. Unless it involves defamatory Facebook postings and a retaliatory lawsuit.

The new CBS show The Defenders has Jim Belushi and Jerry O’Connell dramatizing and glamorizing the life and work of Las Vegas attorneys. But for the real attorneys working in the tumbleweeds of Nevada, it can be a tough gig. Ask Jonathan Goldsmith, a “60% Bankruptcy / 10% Family Law / 10% Criminal Defense / 5% Personal Injury” of counsel at Rosenfeld & Rinato. (They don’t bother with associates there — you’re either of counsel or a founding partner, even if you’re just two years out of law school; Goldsmith is a 2009 University of Las Vegas law grad.)

Goldsmith was plaintiff’s counsel in a divorce case, and the husband being divorced, Jordan Cooper, took a disliking to him. Which he naturally expressed on Facebook…

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