?? LWIL #125: Snowmobile Crashes, Digital Trojan Horses, Diversity Declines, and More
What's on the docket this week:
Featured Story
No Lawyers in Rural Wisconsin? Justice May Be Blind, But It’s Also Really Lost!
Wisconsin Supreme Court Chief Justice Annette Ziegler highlighted a severe shortage of lawyers in rural areas as one of the state's most pressing access-to-justice issues during her 2024 State of the Judiciary Address. This crisis, exacerbated by a backlog of felony cases stemming from the COVID-19 pandemic and the need for more mental health diversion programs, leaves some counties without a single public defender. Ziegler emphasized the constitutional importance of providing counsel to all citizens and praised efforts like the State Bar of Wisconsin's Rural Clerkship Program, which offers law students paid placements in underserved communities. While misdemeanor case backlogs have improved, with some counties eliminating them entirely, the felony backlog remains significant, compounded by the lack of attorneys and interpreters. Ziegler also noted the increasing reliance on reserve judges, which has risen by 183% since 2015.
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?? IP/Transactional
AI Artist Loses Millions Over Stolen Work
Renowned AI artist Refik Anadol, celebrated for his groundbreaking generative artwork, is now lamenting the financial consequences of widespread copyright infringement on his digital creations. Anadol claims he is losing millions in potential revenue due to rampant unauthorized reproductions, with his works being lifted and sold as NFTs or digital art copies on platforms lacking the necessary legal oversight. While his art can be easily duplicated and redistributed online, the lack of enforceable copyright protection in digital marketplaces leaves him with limited legal recourse. Anadol is advocating for clearer copyright regulations for digital artists, aiming to protect both his creative expression and income. In response to these infringements, he highlights the broader need for technological solutions, such as blockchain verification, to protect and authenticate digital art. The case illustrates the legal vulnerabilities in protecting intellectual property in the rapidly evolving AI art sector, hinting that copyright laws may need a serious upgrade to account for both AI and NFT technologies.
?? Litigation
Snowmobile Crashes Into Helicopter
A New Hampshire lawyer was awarded $3.3 million in damages after a snowmobile outing took an unexpected turn—for the worse. The lawyer collided with a negligently parked Army helicopter on a snowy trail, leading to significant injuries. The court found that the Army had demonstrated a lapse in reasonable care, making it liable for the accident. Central to the case was the duty of care required when parking large, camouflaged military vehicles in areas open to recreational activity—an admittedly novel scenario that presented a unique test of negligence standards. The Army argued contributory negligence, suggesting that the plaintiff bore responsibility for driving at night in snowy conditions. However, the jury evidently found that a multi-ton, unlit, camo-colored helicopter posed an unreasonable hazard to snowmobilers.
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?? Legaltech
Smart TVs Are Like “a digital Trojan Horse”
The streaming industry’s surveillance capabilities exploit user data for “improving experience” and increasing ad revenue. Companies are tracking not only what users watch but when they watch, how often they pause, and even what genres captivate them most. This tracking goes beyond mere consumer insights and extends into psychological profiling, used to drive hyper-targeted ads that align with users' emotional states and preferences. Legally, the industry operates in somewhat murky waters, as privacy laws lag behind these technological capabilities. The balance between user privacy and business intelligence is proving delicate, with regulators concerned over consent and transparency—especially as streaming companies' data collection practices often go unnoticed by the average user. This trend raises legal questions about informed consent and digital autonomy, leading privacy advocates to call for tighter regulations to protect consumers from being "programmed" as much as entertained. While some see it as a harmless way to curate content, others argue it turns users into unwitting data points for manipulation.
?? Criminal/Politics
Infowars Auctioned Off to Pay Sandy Hook Families
The once-unshakeable Alex Jones is facing a forced sale of his media empire, Infowars, to help satisfy a massive judgment awarded to families of the Sandy Hook victims. After being held liable for defamation due to his baseless conspiracy theories that claimed the 2012 school shooting was staged, Jones was ordered to pay nearly $1.5 billion in damages—a sum his media assets will now help cover as they head to auction. While Jones’s legal team argued that his First Amendment rights were under attack, courts consistently found that his reckless speech caused real harm, pushing the boundaries of free expression into the territory of defamation. Jones’s bankruptcy claim attempted to shield his assets but only resulted in a court-ordered liquidation, demonstrating how bankruptcy protections aren't designed for those deemed to intentionally mislead and harm others. As Infowars potentially finds a new owner, the case highlights a critical balance between free speech and accountability.
?? Finance/Econ/Regulatory
Yale Sees Drop In Diversity Post Affirmative Action
In the wake of the Supreme Court’s recent ruling on affirmative action, Yale Law School has observed a decline in the diversity of its incoming class, an outcome that reflects broader concerns across higher education. With race-conscious admissions policies now off the table, many law schools are grappling with how best to maintain diverse student bodies without running afoul of the new legal restrictions. Yale, known for its selective and historically diverse admissions process, now faces a complex balancing act as it adjusts admissions criteria to align with the court's directive. Legal scholars and administrators are watching closely, as the decision prompts questions of equal access to education within constitutional bounds. Some have suggested that Yale might pivot towards alternative approaches like socioeconomic diversity initiatives or reconsidering standardized test emphasis, but these strategies have limitations. The ruling’s implications extend beyond student demographics to touch on institutional reputation and social justice ideals. Yale's challenges signal the complexities that elite institutions may encounter in efforts to uphold their values of diversity within a constrained legal framework.
?? Ethics
Don’t Get Victims “Drunk and Sloppy”
Discipline: Disbarred.
Until next week, adjourned.
Keith & Tracey
p.s. - please send me your stories, news, & tips for inclusion in future editions [email protected]