Law in Culture Review – In The Dark Podcast

     In The Dark is a podcast series hosted by Madeleine Baran and produced by APM Reports. The podcast has three seasons with Season 2 focusing on the controversial case of Curtis Flowers. The first 17 episodes of the season were released in 2018, with an additional 3 episodes being released in 2020. According to the APM Reports blurb found here, the case involves Curtis Flowers, “a Black man from Winona, Mississippi, who was tried six times for the same crime. Flowers spent more than 20 years fighting for his life while a white prosecutor spent that same time trying just as hard to execute him.” 

     The topic of the podcast is the case of Curtis Flowers, who in 1996 was accused of shooting four people in a furniture store he had previously worked at called Tardy Furniture. That was just the beginning of his journey as Flowers spent 20+ years in jail in a cycle of trials and appeals all while being on death row. 

     A lot of different terms we learned came into play in the podcast. First of all, it does involve a trial, a defendant (Curtis Flowers), a prosecutor (District Attorney Doug Evans) since it was a criminal case, judges, a jury, a writ of certiorari was filed at one point, and a lot of appeals took place with the Mississippi Supreme Court and a few with the US Supreme Court. As we learned, if an appeal is overturned the case goes back to court and is able to have a re-trail. So since the conviction was overturned during the appeal process multiple times as well as a few of the trials resulting in a hung jury, Flowers went to trial six times for the same crime. Going off of that, since the original trial court found him guilty, he was able to be tried again and again. Double jeopardy only applies if he had been found not guilty in trial courts. Essentially, Flowers “had a first trial – six times” (quote from the APM article here).

     The case eventually made its way to the appeals court, Mississippi Supreme Court, and US Supreme Court because of all the flaws and unjust acts brought to light through the decades Flowers was on trial and in jail. Through the investigation and during the appeal process, it was brought up the various ways Evans catered things, including jury picking, in order to guarantee an unfair trial for Flowers. One of the biggest examples was Evans used almost all of his strikes on African American potential jurors (striking them at almost 4.5 times the rate than white potential jurors). In an odd point also made, Evans was able to be the prosecutor on all six trials against Flowers.

     It is an extremely compelling podcast and story; I suggest everyone give it a listen! I listened to it on Spotify but it is also available on iTunes and Google Podcasts. Normally I am not a podcast person but the way Baran and her colleagues handle the investigation is really amazing. Just by listening, you can tell they are determined for the truth and to expose things that went wrong with Flowers’ case. They push for justice and put in hours upon hours, completely immersing themselves in the case. They spend months in Mississippi speaking with countless people, those from the area and even Flowers’ family. I think it does accurately portray the corrupt and immoral side of the legal field and prison system. So many times we hear about cases where innocent people are on death row or in jail for crimes they did not commit. Or even in jail and serving an insane amount of time for a crime that should not be given that amount of sentencing. Although we all hope for the best and want to expect the best in people, these things happen. It also shows the side of the legal system that will fight for justice and fight for those who are being overlooked or even taken advantage of. 

Court Observation!

The court observation a few weeks back was very interesting and eye-opening! As Professor Coughlin mentioned, it was definitely as if walking into a movie halfway through but overall I had a great experience. It was exciting to witness scenarios we have discussed in class and watch the lawyers in action defending actual cases. I did not expect the tension between Justices and attorneys at certain points but it makes complete sense. The Justices are hearing case after case all day, every day. If their time is being wasted, they will (and should!) make it known. It was entertaining to be able to witness a “hot bench” and watch them all interacting with each case.

Currently, in the program at City Tech, my goal is to be a paralegal rather than a lawyer. This experience did not change that much, I still think being behind the scenes is more appealing for me! Although it made me realize that if I end up being a lawyer that heads to court I will need to make sure I am as prepared as possible for the courtroom. There is no room for error!

Timekeeping

Tuesday 11/2 – 12:45-4:45

Walked to F train station after class — .25

Took the train to Bushwick, transferring at Delancey on the way — .50

Walked from train station to my apartment — .25

Talked to my sister when I get back to the apartment about her recent trip (she was just in London!) — .25

Put class materials away and wrote down/organized homework and tasks for the week — .50

Gathered my work uniform and put my bag together for work later that day — .25

Walked to the J train station to head back into Manhattan — .25

Took the train to Manhattan — .50

Walked from the train to one of my jobs in SoHo to pick up my paycheck — .25

Talked to my coworkers and received a free weekly covid test they do every Tuesday— .25

Walked to the 1 train station to head to my other job to work for the night — .25

Took the train from SoHo to FiDi — .25

Walked from the train station to Duane Reade to pick up posters and craft materials (my parents will be in town this weekend because my mom is running the marathon so I’m making her a sign!) and then walked across the street to work — .25

Total – 4.0

Reaction: It was interesting keeping track of my time throughout the day. It made me realize how much or how little can be done in a 4 hour period. I also feel like I spent most of my time walking to and from the train rather than doing things but it was a good experience to have everything written down. It showed me how I can utilize my time more if I pay attention to the details!

Legal News: Olivia Rodrigo vs Copyright Police

The article I have chosen to comment on, titled Olivia Rodrigo, Paramore, and the murky tides of copyright infringement, was written by Kirbie Johnson for Dazed Digital on September 7, 2021. The article covers a recent topic of conversation in the music industry surrounding Olivia Rodrigo’s album Sour and the vast amount of similarities between her recent music and artists including Paramore, Taylor Swift, and St. Vincent. The main focus of the article is Rodrigo’s single “good 4 u” and its striking resemblance to Paramore’s “Misery Business”. Throughout the article, Johnson discusses the confusing, yet fine, line between copyright infringement and inspiration when it comes to new music. After releasing her album, Rodrigo retroactively added writing credits to a few of her songs because of the buzz around the similarities in previously released music. In doing so, she is handing over (or sharing) songwriting credits and the compensation that comes along with it. The article goes over not only the Rodrigo discussion but also talks about how this never-ending discussion gets different answers and thoughts depending on who you ask.

In my opinion, I think it is a very difficult decision to make. There are many laws and rules in place to prevent the straight-up copying of an artist’s songs. There are even ways to work around it in a legal way through sampling and interpolation. With that, how will any song sound completely different? A quote that stuck out to me in the article was the line, “Does evoking a similar ‘feeling’ really warrant possible litigation, credit, and compensation?” Especially now with so much past music in the worldwide discography, it is hard to say what is straight-up copying and what just sounds similar. Especially in pop music, there are well-known chord progressions that are widely used. Do I think Rodrigo was somewhat backed into a corner and felt forced to add the credits? Yes. In one of her other songs, she did initially include credit to Taylor Swift for interpolation. One would think that if she intentionally and actually “copied” a previous artist, she would have known to credit them. Do I also think “good 4 u” sounded very similar to “Misery Business”? Yes to that too, but I think it was more along the lines of inspiration. If the whispers were not out there about the similarities between the two songs, I cannot say I would have made a connection (and I am a huge Paramore fan!!).

If you want to look into this topic more (specifically stemming from the Rodrigo and Paramore debate) here is a really good video on YouTube that goes into more detail about the similarities, and differences, between not only “good 4 u” and “Misery Business,” but various songs in the pop/pop-punk genre. It also talks about the 4 chords commonly used in pop music. See the video here: https://www.youtube.com/watch?v=qX7a2p5_JsM

Article link: https://www.dazeddigital.com/music/article/54036/1/olivia-rodrigo-paramore-and-the-murky-tides-of-copyright-infringement-good-4-u

Law Office

The office I have chosen for my assignment is the legal department of Universal Music Group. The New York office is located at 1755 Broadway # 6, New York, NY 10019. UMG is a “music-based entertainment” company with offices around the world. It includes the record labels Republic Records, Island Records, Def Jam, and even a publishing sector called Universal Music Publishing Group. According to the reading, the company would be considered a corporation. The department within the company I would like to work in is the Business and Legal Affairs Department as a paralegal/legal assistant. The department deals with any legal aspects or issues from all the different labels and sections within the umbrella company UMG.

I actually found a listing for the position I would like to start out in online! It was for the Santa Monica office but I believe the tasks would be the same if not similar for the New York office. Tasks included reviewing contracts, researching claims, assisting in responding to items including discovery requests and subpoenas, maintaining filing systems, preparing documents, and more.

“Law in Culture” Review

I am choosing to do my review on Season 2 of the podcast In the Dark. The investigative podcast, released throughout 2018, is hosted by Madeleine Baran and produced by APM Reports. I chose this podcast because I listened to the first season a few months ago and have been meaning to give the second season a go! The second season is about the case of Curtis Flowers, a man who “was tried six times for the same crime” (from the podcast description). The case ended up being a 21+ year process of appeals and new trials revolving around a 1996 shooting in a furniture store that resulted in multiple deaths. The whole time, Flowers was in jail on death row. It is law-themed because not only does it involve a murder case (against the law obviously), but it goes into detail about the trials and the multiple appeals. The podcast is 18 episodes and I hope to get through most of it before the end of the semester!

Who I Am

Hello! I’m Adriana SepĂșlveda and I am in the Law and Paralegal Studies program because I want to be a paralegal. My background is in the music business so my goal is to work at an entertainment law firm or in the legal department of a record label. I previously went to college in Boston where I graduated in 2015 with a Bachelor of Science in Music Industry. I initially wanted to be an entertainment lawyer however, that changed throughout my college career and I decided to take the Public Relations route. After graduating, I moved to New York and started working in music PR. Eventually, I decided it wasn’t for me but being my only real experience, I was in and out of PR jobs, assistant positions, internships, and the restaurant industry. After many jobs, years, and industries later I decided to revisit my interest in law!

Jumping back into school after almost 7 years was something that definitely made me nervous but I’m excited about this new chapter. I can’t wait to start the process and learn about the paralegal world.

Aside from school, I’m currently a server at a few different restaurants. When I’m not working or watching Netflix, I have few hobbies including gardening, going to concerts, and crocheting. During the gardening season, I grow peppers (habaneros, jalapeños, banana peppers), tomatoes, and basil. With crocheting, I have made blankets, pet sweaters, scrunchies, and shorts. I live with my twin sister in Brooklyn and we have two cats — an orange tabby named Isosceles and a calico/tabby mix named Una. I grew up in Texas and as a few others mentioned, I am Puerto Rican. Since my parents spoke Spanish around the house I can understand a little bit but my goal is to eventually learn enough to at least understand it completely. I am also trying to amp up my reading with my 2021 goal being to read 10 books, stay tuned.

Excited for the semester ahead!

 

Here are the kiddos!