Dr. Ronald B. Standler
attorney in Massachusetts
and consultant

I do two different kinds of work in law:
  1. I do consulting to attorneys, principally on scientific evidence in torts involving technology, for example:
    1. electrical surges or "power quality". I have experience with both the design and application of surge-protective devices: surge arresters and surge suppressors, which are also known in the USA as "transient voltage surge suppressors" (TVSS).
    2. law of meteorology (e.g., lightning, cloud seeding, liability for negligent weather forecasts)
    3. computer hardware and software, including misuse of computers
    4. products liability
    For more detail, see my consulting services to litigators and my legal research services.

  2. I am an attorney in private practice, licensed to practice in all state and federal courts in Massachusetts. I concentrate in computer law, higher-education law, and copyright law. The description of my legal services gives more detail.

My German-language page for clients in German-speaking countries.

My curriculum vitae gives my credentials in physics and electrical engineering, a complete bibliography of my publications, and a summary of my professional experience.

My fees and terms.

Contact Dr. Standler.   < < < < <

Photograph of Dr. Standler.

My Essays About Law

Essays on this website are provided only to provide general information and to communicate my personal comments on interesting topics in law, technology, and society. Essays on this website are neither legal advice nor legal opinion. Accessing this website or reading documents on this website does not create an attorney-client relationship. See my disclaimer for details.

All essays at this website are protected by copyright. I have posted my Terms Of Service for printing, copying, and distributing my essays at this website.

I am an attorney only in Massachusetts, so I can not provide legal advice to people in other states of the USA, unless they have been injured or sued in Massachusetts. However, I have posted the following hints for how to find an attorney.

Table of Contents

  1. Computer Law

  2. Law & Technology

  3. Higher-Education Law

  4. Miscellaneous Essays on Law

  5. Privacy Law


Computer Law

My attempt to define computer law.

My essay on the growing problem of computer crime.   I have also written Tips for Avoiding Computer Crime.

My long essay on examples of malicious computer programs (e.g., computer viruses and worms) emphasizes the nonexistent or weak punishment for the authors of those malicious programs. I have also written an essay on how to recognize e-mail that contains a hoax about computer viruses.

My essay on copyright law in the USA considers copyright infringement on the Internet, as well as fair use, photocopy machines, and plagiarism.

My essay on trademark law discusses some abuses on the Internet.

Computer equipment is vulnerable to damage by electrical surges on the power and data conductors. While surges are mostly an engineering problem, there may be legal liability for electric and telephone utilities, and also liability for manufacturers of computer equipment.

Computers and other electronic technologies can be used to invade people's privacy. For example, privacy of e-mail is a serious concern to many people.   My other essays on privacy are listed in a separate section below.

My discussion of issues in preparing a computer Acceptable Use Policy mentions more than twenty substantive issues to consider. My discussion is cast in a university environment, but similar issues occur in policies for businesses.

Law & Technology

My essay on the response of law in the USA to new technology. I discuss the effect of invention of the printing press, telephone wiretaps, contraception, videotaping at home, protection of computer software, and regulation of the Internet.

My essay on infotorts cites cases nationwide in the emerging family of torts in which information caused harm, usually either as (1) errors in nonfiction books/magazines/newspapers, or (2) violent crimes that were inspired by movies or videogames. I have also posted an essay on proximate cause in information torts.

My essay on the law of weather modification discusses and analyzes court cases in the USA concerning cloud seeding and summarizes the basic principles of tort liability for cloud seeders. While this essay was written to inform farmers, ranchers, meteorology students, and attorneys working in environmental law or water law about the obscure law of weather modification, this essay is also a case study in how and why courts in the USA avoided deciding disputes about this novel area of technology.   My separate essay on the history & problems with cloud seeding also explains the need to give adequate long-term financial support to basic scientific research before engaging in practical applications.

My essay, Tort Liability in the USA for Negligent Weather Forecasts, discusses each of the reported court cases in the USA on this topic that involved either people on the ground or sailors at sea. This essay also compares and contrasts cases involving an airplane crash caused by negligent weather information from employees of the U.S. Government.

In 1997, when I was a student in law school, I wrote two term papers that show the interaction between science, technology, engineering standards, medicine, and law in the USA:
(1) Lightning injuries to users of telephones and
(2) Legal duties to warn and to protect people from direct lightning strikes.

The legal duty to warn of lightning at recreational facilities compared with the duty to warn of riptide at beaches, an essay that I wrote in March 2007.

Education Law:

especially in universities

My essay on academic freedom for professors argues that this "freedom" is not a fundamental right recognized by law in the USA, but is a contract right granted by colleges and universities. I have posted a separate essay on freedom of speech for government employees in the USA, which discusses the opinions of the U.S. Supreme Court in the landmark cases of Pickering and Connick v. Myers, as well as other Supreme Court cases in this area, then briefly discusses how lower courts have applied these principles to professors who are employed at state universities. My third essay in this series, professional ethics & wrongful discharge discusses legal protections under state law for learned professionals (e.g., attorneys, physicians, nurses, engineers, scientists) whose employment was terminated because the employees chose to uphold ethical principles of their profession.

My essay on academic abstention explains a doctrine that is poorly articulated by judges, in which judges refuse to review purely academic decisions by schools or colleges. The consequence of this doctrine is that the school or college always wins in disputes involving grading, expulsion of a student for failure to maintain minimum academic standards, acceptability of a thesis or dissertation, etc.

My essay on injuries in school science laboratories discusses principles of negligence, and possible defenses and immunities, for teachers in elementary school and high school, as well as for professors in colleges.

My long essay on the law of plagiarism has many quotations from court cases involving plagiarism by students or professors, as well as statutes and court cases involving the sale of term papers, and practical advice to faculty about how to detect plagiarism. Colleges can revoke degrees if plagiarism, or other misconduct, is discovered after a student has graduated.

My essay on educational malpractice discusses this new tort that is not allowed by judges in the USA, but is consistent with traditional principles of tort law.

My essay on moral rights of authors discusses legal rights granted to authors in France, Germany, Italy, and other countries, but which are absent from law in the USA.

My discussion of issues in preparing a Computer Acceptable Use Policy mentions more than twenty substantive issues to consider, as well as has comments on style of regulations.

My terse introduction to Accreditation of Universities in the USA, with links to other resources.

My essay, Legal Duty of Parent in USA to Pay for Child's College Education, reviews the law on this topic, with emphasis on the law in Pennsylvania, New York state, and Massachusetts.

A complicated legal problem is discussed in my long essay, Reimbursement of Educational Expenses at Divorce in the USA, in which supporting spouses seek reimbursement of educational expenses, possibly including living expenses too, for their ex-spouses' education (e.g., medical school, law school, dental school, business school, etc.) that greatly increased the earning potential of the supported spouses.

My essay, U.S. Government Restrictions on Scientific Publications, discusses restrictions on publishing information about weapons of mass destruction, restrictions on encryption technology, and trade restrictions on providing services or technology to rogue nations.

Some attorneys have claimed that a professor has a fiduciary duty to students. My essay reviews the reported cases and explains why the professor-student relationship is not a fiduciary relationship.

Miscellaneous Essays on Law

An attempt to define torts.

People often confuse criminal law with civil law (e.g., torts and contracts), which leads to misunderstandings about legal rights. I have prepared a brief essay that compares and contrasts criminal and civil law.

My essay on heckler's veto, a detail in the interpretation of the First Amendment to the U.S. Constitution that prevents the government from silencing speakers because of the threat of violent reaction. This essay ends with a discussion of the metaphor "marketplace of ideas", a justification for freedom of speech.

My essay on professional ethics & wrongful discharge discusses cases in the USA in which a learned professional (e.g., attorney, physician, nurse, engineer, or scientist) upheld principles of professional ethics, despite his/her manager's desires, and the professional's employment was terminated. With the conventional doctrine of at-will employment in the USA, the employer has the absolute right to dismiss an employee for any reason, including a "morally repugnant" reason. I have a separate essay on the history of at-will employment that includes criticism of the doctrine of at-will employment and a brief sketch of the history of attempts to modify this doctrine.

My essay on freedom of speech for employees of corporations discusses essentially nonexistent legal rights in the USA.

My essay on the role of amicus curiae Briefs in trial and appellate litigation.

My essay, Prenuptial and Postnuptial Contract Law in the USA, reviews the legal history of such contracts, discusses limits on their validity, and suggests reasons why people should have such a contract.   I have also written some suggestions for drafting contracts that might avoid expensive litigated divorces.

Did you know that federal courts in the USA refuse to hear cases involving divorce, alimony, or child custody? My essay, Federal Court Jurisdiction in the USA in Family Law Cases, explains the history and reasons for this exception to jurisdiction.

As an attorney interested in First Amendment law, I am concerned about the possible poisoning of the jury pool by legal commentary programs on television, which could interfere with a fair trial. My essay, Pretrial Publicity Prevents a Fair Trial in the USA, examines the conflict between a free press and the right of accused to a fair trial by impartial jurors, and how trial judges should avoid biased jurors. This essay also explains why admonitions to the jury are ineffective, and discusses gag orders, professional responsibility rules for attorneys, and Bar-Press guidelines. I have posted a separate document that contains long quotations from opinions of the U.S. Supreme Court and the U.S. Courts of Appeals about pretrial publicity.

My essay, Doctrine of Unconstitutional Conditions, explains when a government in the USA can demand the waiver of a constitutional right as a condition of receiving some benefit (e.g., employment, contract, right, privilege, etc.) from the government.

My essay, Freedom from the Majority in the USA, explains constitutional limits on the power of governments in the USA to impose orthodoxy on everyone.

My essay, Overruled: Stare Decisis in the U.S. Supreme Court, discusses respect for precedent.

Privacy Law

My main essay on privacy law in the USA includes a review of federal statutes, constitutional law, and the common law of torts, and also discusses searches of people's garbage and invasions of privacy by journalists.

I have posted a separate essay on privacy of e-mail in the USA.

My annotated list of U.S. Supreme Court cases on fundamental rights under privacy shows the thin scope of constitutional privacy rights in the USA.

The U.S. Supreme Court has held that the confidentiality or privacy of information is destroyed by disclosure to a third party.  In practice, this rule of law means that there is no privacy interest in bank account records (e.g., checks, deposit slips, monthly statements), no privacy interest in a list of telephone numbers dialled from a home telephone, and no privacy for letters or e-mail after they have been read by the recipient.  I explain the origin of this rule of law about third-party disclosure and criticize this rule of law.  This topic has implications for anonymity of screen names and privacy of search queries on the Internet, freedom from electronic surveillance, and privacy of library or bookshop records.

My long essay Annotated Legal Cases Involving Right-to-Die in the USA, quotes from the major cases involving disconnection of life-support machinery (e.g., ventilator, feeding tube) from patients in a hospital.   I have also posted a companion essay, Annotated Legal Cases on Physician-Assisted Suicide in the USA.

My essay on nonconsensual medical experiments on human beings. I discuss some famous (notorious) cases and then propose a draft of some rules that might protect research subjects better than the current rules in the USA.

My essay, Legal Aspects of Searches of Airline Passengers in the USA, cites and discusses federal cases on searches of passengers at airports, legal justification for border searches, importance of the Fourth Amendment, intrusion, legal right to travel, and, finally, argues that choosing to travel by air does not automatically give the traveler's consent to a search.

I have posted an essay on the Foreign Intelligence Surveillance Act (FISA), which allows the U.S. government to conduct electronic surveillance on U.S. citizens inside the USA without a warrant from a regular court. I discuss in detail the legal issues: My essay on FISA concludes with my personal criticisms of this statute. I have a related essay on the history of National Security Letters, a type of administrative subpoena, and why they may be unconstitutional.



Copyright 1997-2007 by Ronald B. Standler
this document is at   http://www.rbs2.com/index.htm
created 4 Jan 1997,   revised 9 Dec 2007.

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