The Faculty Lounge

What To Drink During Final Exams

"Brain Toniq is no marketing gimmick." 

Additional info here.

And here's a link for those who think a single can won't suffice.

AT&T Advertising for Merger Clearance

Is anyone else bothered by all the advertising AT&T is doing about how much better AT&T service will be after anti-trust clearance of its acquisition of T-Mobile?  AT&T has a "Focus: Houston" web-page that advertises all the upgrades AT&T has made to cell-service in the Houston area. On the right-had side is a link to an interactive map of 4G/LTE service in Texas with, and without T-Mobile.

All that advertising makes two things clear:

• the relative quality of AT&T's existing service; and
• anti-trust law & policy is less about law & policy, and more about politics and lobbying!

It's not your father's anti-trust--or even the anti-trust I studied in law school. As The Byrds, interpreting Bob Dylan's My Back Pages sang:

Ah, but I was so much older then
I'm younger than that now

I suppose it was always about putting your own spin on it.  The Road Not Taken (Frost), and all that.

Travel Deals For The Flexible Traveler

Chris Lund, over at Prawfs, points out this sale at Spirit Airlines: you get $50 off on a round-trip ticket.  But this is some fine print!

* * Coupon usage/booking must be made on spirit.com by 11:59 PM ET on April 25, 2011. This offer is valid only on new, non-refundable roundtrip bookings made for travel from July 3, 2011 - July 4, 2011.

All this from the airline that charges for soft drinks, exit rows, seat assignments, carry-ons and surf boards.

When Is Your Facebook Post A 'Client Solicitation'?

 

According to the Kentucky Bar, when it's of a "legal nature," and includes your name. 

 

 

Why Are Law Firms Spamming Our Comments? Is It Ethical?

Bloggers always see lots of spam in the comments - particularly in the older posts.  These days, we see a ton of comments signed by (presumably faux) Air Jordan, Uggs, and Viagra sellers.  The signature is attached to a link to a commercial site apparently seeking to drive up traffic via the Google algorithm.  When I feel the energy, I clean a ton of them out....but too often they live forever in our archives.  

Recently I noticed some  spam-like comments originating from law firms.    Perhaps too quickly, I erased some of them.   But here are two recent comments  attached to Laura's February 8, 2008 post "Lawyers as Presidential Candidates".  New York Divorce Lawyer - aka The Rosenblum Law Firm - writes:

Most politicians write books, and it makes sense because narcissists tend to like to write books about themselves, but they usually pay someone to do it and then send it as theirs. So they use the proceeds to go into status and money to win elections, a large war chest is important to win.

On the other hand, Tobler Law - aka Tobler & Associates (your accident and injury team) - adds:

Thanks for the post! I had no idea there were so many lawyers as past presidents - I knew about Lincoln and Taft, but the rest I was clueless on.

Now, I recognize that this might not be spam.  Perhaps someone from Tobler was researching this question about lawyer presidents, came upon a two and half year old post,  was stunned to realize that Richard Nixon (to say nothing of Bill Clinton) was a lawyer, and felt compelled to comment.  Maybe Mr. Rosenblum thought this was the perfect setting to pontificate about the use of books as a campaign fund-raising tool.  But call me a skeptic.  I think that these folks are spamming to drive up their Google profile.

Is it ethical for lawyers to do this?  Is the strategic production of spam comments a form of advertising?  If so, is it in compliance with advertising regulations?  Are there other restrictions that might make such spurious comments improper?  Does it make the profession look bad?

I've pondered questions about Lawyers in the Yellow Pages, but I don't have an answer about this.   I'd love to hear others' thoughts.

Celebrating 75 Years of Monopoly

Today marks the 75^th anniversary of the first marketing of the Parker Brothers game of Monopoly. A fascinating history of the original board game and associated lawsuits may be found here. Last year, a 26-year-old lawyer from Buffalo, NY, won $20,580—the total funds available in Monopoly—for winning the game’s national championship in Washington, D.C. He reportedly used his winnings to pay off student loans. When was the last time you played Monopoly, or any other board game?

Visiting Faculty in Promotional Materials

In recent years, I've increasingly been asked to work on/comment on drafts of various marketing materials for my school (brochures, websites, videos etc).  One question that often comes up - and I don't know if there's an established etiquette for this or not - is the boundaries of appropriate use of images of visiting professors in these materials, particularly when these visitors are permanently attached to another school.

I've not had a problem with including pictures of people who have visited to give presentations at conferences etc, because it's usually clear from the context of the photograph that they are presenting a paper, or sitting in the audience at a conference, or other conference-related function (eg lunch or dinner).  What I'm more confused about is the extent to which you could show a picture of someone visiting as a professor, say, teaching in a classroom, advising students in his/her office, sitting in a faculty meeting etc.

Is it misleading to show visiting professors in this context?  And are their home schools within their rights to complain if a visitor is shown in the brochure of another school?  Do any schools have policies on this?

Dear Santa ...

The holiday season will soon be upon us (but let's first get through the AALS Faculty Recruitment Conference!).  And thoughts will turn to buying that "perfect" gift for either the "hard to please" recipient or the "person who has everything."

Need some ideas?  Our friends at Neiman Marcus want to help!  Click here to peruse NM's annual Christmas catalog. 

And if any readers out there just happen to draw my name, I'd be quite pleased to receive this item.

Bad Marketing?

I receive emails now and then from the folks at Barnes & Noble.

This week I was informed that B&N is launching an electronic publication platform.  I'm not a techno-whiz, but I believe that the platform allows a would-be author, by electronic means, to disseminate a work that might not yet have found a traditional publisher.  Today I'm an unknown writer.  But via the B&N platform, I now have the opportunity to reach the masses and become the next Baldacci, Evanovich, Grisham, or Rowling.

A great idea, to be sure.  But I can't get past the trademarked name of the platform.  I'm taken aback, wondering if this is bad marketing.

Just me?  Or do you have the same thought, too?

Marquette Law School's New Ad...

Is really well done.  Marquette recently dedicated their new $85 million building with Justice Scalia as the keynote speaker, I imagine this is part of a well planned marketing push centered around their new facilities.    

I'm guessing that some people may think commercials are a bad idea, but I think this video was a pretty good use of resources (NB: I have no idea how much these things cost, so I might reassess after learning the price-tag).  In any case, in 1:46 I learned a few things about Marquette that I wouldn't have known before: a sports law institute, water law programs, Catholic heritage, and a nice new building that looks like a great place to study and work.  In my mind that video was a better use of marketing dollars than a glossy post card that goes from mailbox to recycling bin.  If you're going to spend money on marketing this was a nice way to do it. 

With that said, in the world of university advertising, I'm really partial to the University of Texas ads by Walter Cronkite.

HT Althouse

Tough Talk In Alabama

Political TV ads in Alabama are serious business this year.  Below, I've linked to three of note.  The first is Tim James' ad demanding that all drivers license exams be administered in English.  The second is an attack ad on James' competitor, accusing him of believing in evolution.  And the third is the gone-viral ad of a gun totin' candidate for agriculture commissioner who blames thugs and criminals for hiding agriculture money.  Worth 90 seconds of your time!

Best Law Firm Ads Ever (Part II)

 Yesterday, I showed you the “Hidden Flaw” ad.  Today, I bring you another favorite, “Hot glass looks exactly the same as cold glass.”  The text reads:

Ever grabbed a business opportunity only to find it’s not quite what you thought?  Our lawyers are experienced at assessing situations and projects, providing the insights that you need to make informed decisions. 

Get in touch via www.pinsentmasons.com

Again, maybe it was the food and wine taking hold, but I found this ad to be pretty clever too.  This night dinner was at Amaya. As the Restaurant Awards Citation says:

"Amaya's arrival on London's restaurant scene has had in remarkably short period of time, a profound effect on the image of Indian cooking in this country... ... ... ...Amaya is elegant, sleek, marbled and beautifully finished, ... ...creating some of the world's most magnificent kebabs. Who would have thought that an Indian grill would become London's top restaurant and in only a matter of months."

 Amaya achieved the rare distinction of winning the two most prestigious restaurant awards in the UK in the same year - The Tio Pepe ITV 2005 Awards for Best Restaurant as well as the Best New Restaurant. This is the first time either award has been awarded to a restaurant serving non - European food, let alone an Indian restaurant.

In 2006, it also became one the very few Indian restaurants to be awarded a Star in any Michelin Red Guide.     

 

Best Law Firm Ads Ever (Part I)

 So, I blogged briefly about my recent U.K. trip, from which I narrowly escaped being trapped by volcanic ash.  But, I haven’t yet shown you any of my trip photos.  In the back seat of a London black cab were two law firm ads, which are probably the cleverest I’ve ever seen (and are definitely the best ads I’ve ever seen in the back seat of a cab). Both are for the firm of Pinsent Masons.

This one is the first.  The caption reads:

The last thing you want when you’re negotiating a deal or drawing up a contract is to leave yourself exposed.  That’s why so many of the U.K.’s leading companies rely on us for seamless and robust legal advice. 

Visit www.pinsentmasons.com and you’ve got it covered. 

(Click on the photo to enlarge and read the whole thing).  Maybe it was the bottle of wine and excellent Indian food at Colony, but I laughed out loud at this.  I’ll be back with the second one tomorrow.  Until then, below is the Colony menu.  We had the sea bass, mallard, mutton, and lamb, plus breads, tarka dal, and aubergine.

 

Me and My RC

A picture of the old Columbia, South Carolina RC bottling plant.  I guess it goes without saying that it's seen better days.

I remember RC from my days growing up in Philly as pitched to an African American audience.  One of the ads was about an African American woman who became a successful singer and returned home to her community.   One of the lines--I can hardly believe I remember this --was "girl you got a voice that'll take you far someday." 

In more recent years I haven't had the sense at all that RC is marketed to African Americans.  One of these days I need to investigate this.

Taxing The Human Body

Feminist Law Professor Bridget Crawford has a cool new paper up on SSRN, Taxation, Pregnancy and Privacy.  My tax colleagues will be thrilled that I now have a source (other than pestering them) for my constant questions about the potential tax implications of the growing markets in virginity, medical marijuana, and other strange goods and services.

Though primarily an exploration of the tax implications of surrogacy markets, Crawford also investigates a wide variety of commercial transactions involving the human body, including blood, hair, breast milk, plasma, sperm, and the wearing of tattoos (temporary and permanent) for compensation.  As Crawford notes, “[i]ncome tax concepts apply awkwardly to the human body.”  So awkwardly, in fact, that “one gropes for apt (if inelegant or even offensive) analogies.”

This awkwardness is readily demonstrated by the quotes from case opinions that Crawford marshals.  Says Crawford, “[a]t least one court has opined that human blood is no different, in a tax sense, from ‘hen’s eggs, bee’s honey, cow’s milk, or sheep’s wool for processing and distribution.’”  And according to another, “[m]ilk is a commodity, whether from a human being or a cow.”

Applying this logic to commercial surrogacy, Crawford argues that, from an economic perspective, there is no difference between a surrogate and someone who agrees to wear an advertising tattoo.  Both taxpayers put their bodies to an agreed-upon use for compensation, receiving income in the process.

Despite the clear status of surrogacy compensation as taxable income, Crawford finds signs of noncompliance in surrogates’ reporting of that income.  She contends that many surrogates do not understand their reporting obligations and those that do often reject the characterization of their surrogacy proceeds as income. (A phenomenon she discusses in greater detail in Taxing Surrogacy).  She advocates remedying this situation through clear IRS guidelines regarding the tax treatment of surrogacy proceeds and the obligation of surrogacy agencies to issue Form 1099s to surrogates that will prompt compliance with reporting obligations.

Crawford recognizes the potential downside to enforcing income tax reporting by surrogates – equating commercial surrogacy with other forms of work risks disrupting the altruism narrative that renders commercial surrogacy socially acceptable for surrogates themselves, intended parents, and society at large.  She concludes, however, that “[o]f all the unanswered (and unanswerable) questions about surrogacy, taxation is not one of them.”  The IRS should enforce and collect taxes due on surrogacy payments.

For those seeking potential income opportunities but are squeamish about selling their bodily fluids and tissues or reproductive capacity, make sure to check out leaseyourbody.com as an alternative: 

a revolutionary way of advertising! Our Participants agree to wear temporary tattoos (logos) supplied by Advertisers. By doing so, YOU can earn BIG $$$$$.  In exchange, Advertisers (companies) can gain novel exposure for their business.

Top Image: Kari Smith, who reportedly auctioned her forehead space on eBay in order to pay for her 1-year-old son’s private education. Goldenpalace.com, an Internet gambling company, spent $10,000 to have their website address tattooed on Smiths forehead.

Prior Related Posts:
Like A Virgin? We Sell That Here!
The Antebellum Market and Empowerment

My Law School Is Better Than You Think Publications—Vote For Us Please!

The U.S. News surveys have been filled out and sent in.  And now my mail box seems empty.  After a fall of receiving an extraordinary number of publications from other law schools, mailings have declined to a trickle.  So it is time to take stock of the substance and form of efforts to persuade voters to check the right box.

This year we were inundated with glossy brochures and homey letters that sent the following messages:

• My senior faculty is better than you think.
• My junior faculty is better than you think.
• My visiting faculty is better than you think.
• My faculty’s scholarship is better than you think.
• My school’s specialty programs are better than you think.
• My school’s conferences are better than you think.
• My school’s pro bono programs are better than you think.
• My school’s building is better than you think.
• My school’s alumni have better careers than you think.
• My school’s students are more engaged than you think.

The messages were sent in comprehensive large publications, innumerable small publications and everything in between.  Production values ranged from those that would make any national brand proud to desktop publishing quality. 

And a major line was crossed.  No, a school didn’t ( as a commentator from several years ago suggested) send  cash in exchange for a vote.  Rather,  I received my first set of law school promotional materials mailed to my home.  What a gutsy way of attempting to get through the clutter!!  My wife says she is already eager to learn more about all the wonderful things that will be happening in American legal education next year.

And oh by the way, look for our Earle Mack School of Law publications in the next couple of months.   You will be impressed.  We’re a lot better than you think!

Two Big Mac Stories To Sink Your Teeth Into

1) Mark McGwire retired from baseball following the 2001 season.  He ranks #8 on the career home run list with 583 round-trippers (tied with A-Rod).  He hasn't fared all that well in HOF balloting and has been rather successful in flying under our radar in recent years.  But now comes word that Big Mac will be the Cardinals hitting coach next season.  Commish Bud Selig is "delighted."  Me?  I'm still sifting through my feelings on this one.  Thoughts from baseball fans out there?

2) If your "bucket list" includes eating at a McDonalds in Iceland, you're about to run out of time.  The country's three restaurants (all located in Reykjavik) are closing very soon, apparently a victim of the collapse in the local currency.  Story here.  (Or could it be the work of those "eat mor chikin" bovines?)

If You Thought Nobody Would Notice . . .

In thinking last night about the issues raised in one of my first posts here as a guest blogger, I started looking for additional examples of the persistence of digital artifacts. In running my searches, I came across other issues raised by the persistence, plasticity, and ease of digitally copying image and video files ("other" in relation to my main concern, the effects of persistence on young people), mainly involving advertising and the use (or misuse) of digital technology.

It should be fairly obvious that there are lots of sites on the Internet that focus on media issues, and they often make copies and mirrors of mistakes made in whatever area they focus on. One site in particular made me think and laugh. For example, Microsoft is having PR problems right now for running an image in an advertisement in the US that contained a woman, an asian man, and a black man, and then running the same ad in Poland with the black man's head "Photoshopped" (it's a verb, I swear, and though Adobe doesn't like it, they do it, too) and replaced with that of a white man (but they didn't bother to replace his hand). Stories here, here and here, with original images; the images are also here (via slashdot) with links to the ad pages. As some of the stories note, Microsoft has since apologized and is now using only the original image. But the photoshopped image is, of course, still widely available.

The site I'm talking about is PhotoShopDisasters, and it's worth scrolling down to see photos that include Jennifer  Lopez's baby with an arm mistakenly PhotoShopped onto its head, a man walking holding hands with someone who doesn't appear in the photo (just the hand appears intertwined with his), and a CD the size of an LP (maybe the ad company was feeling nostalgic for the good old days of LPs).

As PhotoShopDisasters says, "Nobody will notice? WE ARE THAT NOBODY!" A good lesson to learn when thinking about what you make available -- especially online -- in this day and age.

Are You Featured In Facebook Ads? Opt Out Today!

Thanks to a friend's post on Facebook, I've just learned that Facebook now has a default feature that allows Facebook advertisers to use your news feed and wall to sell their products.  As explained by Facebook itself,

Facebook occasionally pairs advertisements with relevant social actions from a user's friends to create Facebook Ads. Facebook Ads make advertisements more interesting and more tailored to you and your friends. These respect all privacy rules. You may opt out of appearing in your friends' Facebook Ads.

If you're like me, and you prefer not to have your Facebook page (including, presumably, your images) become the basis for a sale - that is, if you prefer that your life not be commodfied- let me encourage you to follow these instructions and opt out.

Click on SETTINGS up where you see the Logout link. Select PRIVACY SETTINGS. Select NEWS FEEDS AND WALL. Select the tab that reads FACE BOOK ADS. There is a drop down box, select NO ONE. Save your changes.

From the people who brought you KGC ...

After rebranding Kentucky Fried Chicken first as "KFC" and more recently "KGC" (for Kentucky GRILLED chicken), Yum! Brands Inc, the parent company of KFC and Taco Bell, is also moving towards a rebranding for Pizza Hut.  Some restaurants will now be called simply "The Hut".  I love the comments posted in respose to the announcement - see here.