The anon in comment 17 is, while being an ass about it, quite correct.
It is not a violation of anyone's rights to skip Miranda, it simply means those statements cannot be admitted into a court proceeding unless they are later repeated after the warning.
While it has no reason to be publicized, the police do this on a smaller scale every single day. It is common to talk to a suspect before the Miranda caution trying to elicit important information about criminal activity.
The law doesn't do what's being discussed here. It says written policies must be implemented regarding social networking sites. There are no restrictions in the law regarding them. Perhaps those policies will attempt to restrict friending somehow, but there's no indication of that in this law.
It says a teacher can't have his/her own "work-related" site that is not accessible by admins and parents. Further, it says a teacher's personal website (non-work related) must be available to all, or zero current/former students. No exclusive access for any particular student.
That's all it says.
I'm not prepared to declare it failed, but it needs to be pared back to the original creation. "Useful arts" was a term used to reference artisans, not artists. It was for craftmanship and manufacture. Science included things like philosophy and Literature (which I find highly questionable, but there you have it). There was never any basis for covering paintings, advertising, or photography among most other things. I don't really believe a good argument can be made that society needed to provide copyright protection to pictures.
I don't see the trip-wire argument working for Caters. In that case, the photographer has set up all the elements (field, depth, light, etc.) and has a near 100% expectation of getting the shot when an animal appears. He is taking the picture using remote control. In this case, he did not take the picture, either remotely or physically. Had the animal not pushed the button, there is no picture. The only way to claim any ownership here is by saying "It's my camera, my picture.", which probably everyone in this forum already knows does not actually confer copyright ownership.
tsarnaev-and-miranda
This is pertinent:
http://www.volokh.com/2013/04/20/tsarnaev-and-miranda-rights/
The anon in comment 17 is, while being an ass about it, quite correct.
It is not a violation of anyone's rights to skip Miranda, it simply means those statements cannot be admitted into a court proceeding unless they are later repeated after the warning.
While it has no reason to be publicized, the police do this on a smaller scale every single day. It is common to talk to a suspect before the Miranda caution trying to elicit important information about criminal activity.
(untitled comment)
The law doesn't do what's being discussed here. It says written policies must be implemented regarding social networking sites. There are no restrictions in the law regarding them. Perhaps those policies will attempt to restrict friending somehow, but there's no indication of that in this law.
It says a teacher can't have his/her own "work-related" site that is not accessible by admins and parents. Further, it says a teacher's personal website (non-work related) must be available to all, or zero current/former students. No exclusive access for any particular student.
That's all it says.
Re: Re:
I'm not prepared to declare it failed, but it needs to be pared back to the original creation. "Useful arts" was a term used to reference artisans, not artists. It was for craftmanship and manufacture. Science included things like philosophy and Literature (which I find highly questionable, but there you have it). There was never any basis for covering paintings, advertising, or photography among most other things. I don't really believe a good argument can be made that society needed to provide copyright protection to pictures.
Re:
I don't see the trip-wire argument working for Caters. In that case, the photographer has set up all the elements (field, depth, light, etc.) and has a near 100% expectation of getting the shot when an animal appears. He is taking the picture using remote control. In this case, he did not take the picture, either remotely or physically. Had the animal not pushed the button, there is no picture. The only way to claim any ownership here is by saying "It's my camera, my picture.", which probably everyone in this forum already knows does not actually confer copyright ownership.