I'm the moderator only for conlawprof, and Eugene may have a different 
suggestion for the religionlaw list, but may I strongly recommend that list 
posts not be quoted, and positions taken on the list not be attributed, without 
permission of the poster. I think that is a matter of courtesy, and it's also 
been our custom. No one can control what non-members may do with the archives, 
but we are a kind of community. The poster also may have made the point 
somewhere in print; if you ask, they could give you the reference to cite, 
which provides multiple benefits.

Best,
Mark

Mark Scarberry
Pepperdine University School of Law


Sent from my Verizon Wireless 4G LTE Smartphone



-------- Original message --------
From: Scott Gerber <s-ger...@onu.edu>
Date: 08/02/2013 5:18 AM (GMT-07:00)
To: "Gilbert, Lauren" <lgilb...@stu.edu>
Cc: Law & Religion issues for Law Academics 
<religionlaw@lists.ucla.edu>,Conlawprof <conlawp...@lists.ucla.edu>
Subject: Re: Citations to Listserv posts/Contraception mandate


My recollection is that years ago we were _not_ supposed to cite the listserv 
without permission, and when it was cited without permission on a couple of 
occasions there was some criticism for it.  I mention this only for purposes of 
information.
Scott


On Fri, Aug 2, 2013 at 7:42 AM, Gilbert, Lauren 
<lgilb...@stu.edu<mailto:lgilb...@stu.edu>> wrote:
I agree, but I also think that as a matter of professional courtesy, one should 
let ones’ colleagues know if they are being cited for something said in an 
online discussion and to give them a chance to respond.  I had this experience 
with one of my pieces several years ago, where I actually had sent a draft to a 
colleague who I had cited based on an online discussion on ImmProf, asking for 
feedback, but without specifically mentioning that I had cited her.  I got this 
response back . . . .


I received your email but unfortunately not the attachment. I recall seeing the 
note in one of the previous versions and assume the text leading to it hasn't 
changed. I have to admit that I was initially surprised to see it cited given 
that I take the listserv discussion to be "internal" among the listed 
participants but I fully understand that your intention was a good one and am 
therefore comfortable with granting permission to cite it in your forthcoming 
article.



Since then, I have been religious (no pun intended) about letting people know 
if I am citing them from an online discussion, and giving them a chance to 
respond.  I fully recognize that others may not show me the same courtesy, so 
when I post I do so at my own risk.  Even though ImmProf is not public like the 
ConLaw listserv, there are folks who are with the Government as well as many 
lurkers who may have taught one course as an adjunct and stay on without saying 
anything.    It’s not a question of must but should . . . .


Lauren Gilbert, Esq.
Professor of Law
St. Thomas University School of Law
16401 NW 37th Ave.
Miami Gardens, FL  33054
Tel:  (305) 623-2386<tel:%28305%29%20623-2386> (work)
You can access my papers on the Social Science Research Network (SSRN) at 
http://ssrn.com/author=339800

From: 
conlawprof-boun...@lists.ucla.edu<mailto:conlawprof-boun...@lists.ucla.edu> 
[mailto:conlawprof-boun...@lists.ucla.edu<mailto:conlawprof-boun...@lists.ucla.edu>]
 On Behalf Of Shapiro, Carolyn
Sent: Thursday, August 01, 2013 11:31 PM
To: Robert Sheridan
Cc: Law & Religion issues for Law Academics; Conlawprof
Subject: Re: Citations to Listserv posts/Contraception mandate

I think it is essential to be able to cite listserv posts.  If someone has 
posted something that has helped advance my thinking, it would be inappropriate 
not to cite them.

On Thu, Aug 1, 2013 at 7:19 PM, Robert Sheridan 
<r...@robertsheridan.com<mailto:r...@robertsheridan.com>> wrote:
I figure that the right of free speech belongs to those having the courage to 
use it.  If I'm going to be concerned that someone is going to quote me, I'm in 
more trouble than keeping my mouth shut.

Wouldn't it be nice if any of us ever said anything quote-worthy, esp. yours 
truly.

Of course, it helps, when speaking out in a public forum, to abandon any hope 
of public acceptance.  The governor of California wants to know about all 
publications by candidates, especially those which might be controversial, when 
considering judicial applications, which I've never submitted.  Ran once, but 
didn't apply, not respecting the governor sufficiently to ask a favor.

Then there's this advisory at the end of each post, added by the machine 
handling Conlawprofs:  "Please note that messages sent to this large list 
cannot be viewed as private.  Anyone can subscribe to the list and read 
messages that are posted; people can read the Web archives; and list members 
can (rightly or wrongly) forward the messages to others."

I look at this forum as a place to try out views, hoping that those more 
learned and experienced will advise where I've made a wrong turn, as has 
happened.

rs


On Aug 1, 2013, at 4:38 PM, Steven Jamar 
<stevenja...@gmail.com<mailto:stevenja...@gmail.com>> wrote:


Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.


_______________________________________________
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Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
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messages to others.


_______________________________________________
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To subscribe, unsubscribe, change options, or get password, see 
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Please note that messages sent to this large list cannot be viewed as private.  
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read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.



--
Scott Douglas Gerber, Ph.D.
Professor of Law
Ohio Northern University
Ada, OH 45810
419-772-2219 (office)
Faculty webpage:
http://law.onu.edu/faculty_staff/faculty_staff_profiles/scott_d_gerber
Reviews of my recent Oxford University Press book:
http://goo.gl/EqZPQ
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