A Plea to the Media in Light of the Newtown, Connecticut Tragedy

 Like so many of you this week, my heart is broken. The news of the terrible events from Friday that occurred at Sandy Hook Elementary School in Newtown, Connecticut have hit me hard. I cannot watch the news without openly crying, and I have yet to hug my own kids as they are away from me this weekend. There are simply no words to describe how any of us feel right now, except perhaps, incredulity as to the reason why this happened.

Ever since CNN set the standard during Desert Storm, the media gold standard has been to report the news as it is occurring. As you are all painfully aware, every media organization is on location reporting the details as they become known. This is the second most violent act of its kind, second only to the Virginia Tech mass shooting in April 2007. One question resonates regardless of which news team or which witness is being interviewed: Why? The shooter's actions, life, friends and family are being scrutinized to find the answer to that question on all our minds.

But, really, does it matter what the answer is? Does it matter why he did this? Is there any reason that could be uncovered that would make this tragedy any more bearable or less painful or any easier for our nation or the rest of the world watching to understand? No, there is not. It wouldn't matter if he was bullied as a child, or if his mother was a monster, or if he was mentally ill. So why bother ask the question?

It is human nature to try to understand, and it is what we do in the wake of a crisis like this one. So of course we ask the question and seek as much information and details as we can. But the shooter does not DESERVE our inquiry. He does not deserve our consideration that he had any reason, no matter how twisted, to commit this horendous act. He does not even deserve his NAME being mentioned or his face being shown, not by any of us, and not by the media.

My plea today, my request to the media is this: Make a conscious choice not to highlight who the people are who choose these evil acts. Report the details, but choose not to report the name, or show the face of anyone who chooses these acts. I can't help but believe that these shooters who do these horrible things do so not only knowing they will not come out of it alive, but also believing they will live on in infamy. Granted, I am no psychologist, but I believe the publicity only encourages the next nut job to carry out his insane fantasies. Let's make the choice as a society to stop giving them this immortality through infamy. Frankly, as much as I want to know the answer to "why," it is not worth giving the shooter what he sought.

ABC, CBS. CNN. NBC, FOX, and all other media outlets, PLEASE stop mentioning these people's names and showing their faces.

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My Afternoon With Erwin....Chemerinsky, That Is.

During my last minute marathon in December to get all my Continuing Legal Education credits before the year's end, I had the pleasure of landing in a CLE lecture given by Erwin Chemerinsky at the Boyd School of Law. Chemerinsky, is of course a reknowned law school Professor of constitutional law, and is the founding Dean of the University of California at Irvin School of Law. Chemerinsky's unique vocal cadence and his particular brand of humor always makes dry legal subjects sound more interesting. Of course, Chemerinsky's area of law is far from dry; who isn't interested in the nuances of the sexy parts of constitutional law? The CLE did not disappoint as Chemerinsky recapped the most interesting and significant U.S. Supreme Court decisions for 2009. Here are summaries of three of the Supreme Court decisions he discussed that have particular relevance to Nevada.

A Complaint Can No Longer Rely on the Notice Pleading Standard to Avoid Dismissal.
Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). Despite being less than one year old, Ashcroft is on the verge of being the most cited case in history, according to Chemerinsky. The reason it is so important is that the circuit courts are treating Ashcroft as a new standard in pleading requirements. Notice pleading is no longer sufficient to avoid dismissal. The plaintiff must allege facts that make his claim "plausible," not just a recital of the elements, and the reviewing court may draw on common sense and its experience within the context of the allegations to determining plausibility.

Litigants May Not Contribute to the Presiding Judge's Election Campaign.
Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252 (2009). Where a judge receives substantial campaign contributions from a litigant, and does not recuse herself, due process is violated. Being that Nevada elects its judges, this ruling has the potential to put a monkey wrench in the Nevada Judiciary. As was reported in depth by the Los Angeles Times back in 2005, Nevada is still a relatively small business and legal community, and it is not unheard of for litigants to contribute to a judge's campaign, even to the judge before which they are appearing. Caperton may change that practice. Even better, Nevada may finally adopt another system for choosing judges.

Certiorari Granted To Decide If Second Amendment Applies to State Governments.
McDonald v. City of Chicago, 129 S. Ct. ___ (2009). According to Chemerinsky, between the years 1791 - 2008, not one law was ever invalidated as violating the Second Amendment. Last year the Supreme Court invalidated a gun control law in Washington DC as barred by the Second Amendment. Now the Court will decide if the Second Amendment applies to state and local government.

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