Skip to Content
ublogo print

University at Buffalo Libraries

Charles B. Sears Law Library SUNY Buffalo Law School

Law Library News


Posts Tagged ‘Lawsuit’

To Cheat Mockingbird

Posted on: | by Christine Anne George |

Harper Lee

Oh for the love of Maycomb, what’s going on here? Harper Lee, Pulitzer Prize-winning author and creator of the character who won this year’s Millie for Best Lawyer, brought a lawsuit against Samuel Pinkus, the son-in-law of her long-time literary agent, Eugene Winicik.  In the suit, Lee claims that Pinkus, who took over as Lee’s agent when Winick became ill years ago, did not properly protect the copyright to her work, To Kill a Mockingbird; failed to respond to licensing requests; and took advantage of her failing health (her hearing and eyesight are on the decline) to transfer the copyright of the book to a company under his control.

The 87-year-old Lee has become a bit of a Boo Radley over the years, refusing interviews and leading a life on the DL.  Now she is in the headlines and one hopes that justice—as it is embodied in her memorable character—will be served. Under normal circumstances, I’d end with some quip along the lines of how one shouldn’t mess with Atticus (or his creator) because I’ve heard tell that even Chuck Norris wears Atticus pajamas, but instead I’ll leave you with a quote from Ms. Lee’s novel:

“Mockingbirds don’t do one thing except make music for us to enjoy. They don’t eat up people’s gardens, don’t nest in corn cribs, they don’t do one thing but sing their hearts out for us. That’s why it’s a sin to kill a mockingbird.”

You Had One Job…

Posted on: | by Christine Anne George |

Phil

It’s been going on six days now that Punxsutawney Phil and I haven’t been speaking. (In related news, it’s been six days that Punxsutawney Phil has been unaware of that fact.) See, back on February 2, Phil made a prediction. By not seeing his shadow, Phil promised that spring was coming early. So I waited, and March 20 rolled around, and guess what. I had to clean snow off of my car. Twice. But recent events have shown that there’s nothing to be gained from getting mad—or blood-thirsty like the Onion. No, it’s far better to get litigious.

On March 21, 2013, Michael Gmoser, prosecuting attorney in Butler County, OH accused Phil of “misrepresentation of early spring,” an unclassified felony “against the peace and dignity of the State of Ohio.” Phil supporters are quick to point out that Woodstock Willie, Woodstock, IL’s groundhog, also predicted an early spring, and that to seek punishment for an incorrect forecast could be a slippery slope (best watch your back, weather forecasters). On Friday, the Nurick Law Group took up Phil’s cause, drafting a public cease and desist letter to Gmoser.

Ultimately, this faux-suit served its purpose. You gave a little chuckle—at least hopefully since this was all in good fun—even as you suffered the effects of a prolonged winter. Everyone has off days, even groundhogs. Of course, when you just have one job to do  on one particular day, it’s preferable not to mess it up…

This Old House

Posted on: | by Christine Anne George |

KTMAF5R

Sometimes neighbors do annoying things. Like one person in California who went to extremes with her holiday light display, much to the disgruntlement of her neighbors. (In case you’re wondering, after spending a particularly horrid holiday season with the creepy green light of a 6-foot Grinch filtering through my window at night, my sympathies are firmly with the lesser adorned houses.) But when it comes down to it, neighbors can do whatever they want to their houses, even if you’re the one stuck looking at it. Well, that’s the case unless a house’s adornment breaks the law. Then that’s a house of a different color.

The saga of David Bowden and the Town of Cary, NC dates back to 2008. Bowden blamed a town construction project for water damage to his former residence, and took a course of action that many an annoyed citizen may dream of, but few would actually execute. He took some bright orange paint and painted a sign on his house—“Screwed By The Town of Cary.” The Town threatened Bowden with fines because the sign violated the rules for the size of signage. Bowden partnered up with the ACLU and filed suit to protect his First Amendment rights.

A circuit judge found in favor of Bowden in 2010. However, the Town appealed the decision. In 2011, Bowden passed away, but his heirs opted to continue the lawsuit. This week, the Fourth Circuit considered town rules for “public art” and “holiday displays” and ultimately decided to overturn the lower court decision and find in favor of the Town. No word yet on whether or not Bowden’s estate will continue to appeal. Even if the story ends here, I think some country-music songwriter needs to jump on this because if this story isn’t the makings for some dramatic ballad, I don’t know what is.