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If You’re Writing About Sunken Treasure Hunting, You’re Using Admiralty Law

April 27, 2011

Tags: admiralty, treasure hunting, writing tips

I got really excited about this article because when I teach about using the law in writing I always challenge people to tell me why admiralty law can be pretty exciting. They look at me with blank stares, because it sounds deadly dull, doesn’t it? But admiralty is more than cruise ship accidents. That’s because admiralty law covers anyone who finds or is hunting for sunken treasure.

In the article, a group of treasure hunters called the Black Swan Project found over $500 million in treasure on the ocean floor. Most writers assume that the law is “finders keepers” but it’s way more complicated than that. In this case, Spain made a claim on the treasure because they were the original ship owners. Peru says Spain stole the treasure and they want it. Now a researcher whose research was used to find the ship has made a claim on the loot too. So far, the courts are letting him proceed with his claim.

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The Good Wife, Emotional Distress and Employees

April 6, 2011

Tags: writing tips, The Good Wife, intentional infliction of emotional distress, employment law

Last night’s episode of The Good Wife was called “Wrongful Termination.” (Yes, I'm writing about The Good Wife again. Sorry, but it's a great show). I cringed at the title because Illinois, like every state in the nation but one, is an at-will state, meaning employers can fire or discipline employees for any reason or no reason at all. So my expectations were low.

I got a pleasant surprise.

It’s still not clear to me what the lawyers’ theory of the case was, but the best I can decipher from the arguments is that they were claiming the tort called “intentional infliction of emotional distress.” Illinois, unlike my home state of Florida, does allow this type of case to be brought against employers.

The facts were that

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