Sharing Off-List Answers to On-List Questions

[Volokh, Eugene]

	I think Eric is right.  An off-list response is a personal
e-mail like any other personal e-mail, and generally shouldn't be
forwarded more broadly without the author's permission.  (There are
various exceptions to that principle, I think, but none that are
applicable here.)

	Eugene

> -----Original Message-----
> From: conlawprof-bounces at lists.ucla.edu 
> [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Eric Freedman
> Sent: Saturday, February 11, 2006 6:01 AM
> To: RJLipkin at aol.com; CONLAWPROF at lists.ucla.edu
> Subject: Re: Sharing Off-List Answers to On-List Questions
> 
> 
> -FWIW, I think the etiquette should be to seek the permission 
> of the off-list responder, on the theory that if s/he had 
> wanted to respond to the whole list that's what would s/he 
> would have done. Best. -E.
> 
> 
> 
> 
>                         *************
>                          Eric M. Freedman
>     Maurice A. Deane Distinguished Professor of Constitutional Law
>                      LAWEMF at Hofstra.edu 
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> 
> 
> >>> <RJLipkin at aol.com> 02/11/06 8:50 AM >>>
> Eugene might have the  authority to answer this question 
> alone, but I'm
> 
> asking this question of him and  also List members generally.
>  
>         What is the appropriate  protocol regarding sharing off-List 
> responses to on-List questions. For example,  I recently 
> asked a question "Is Teaching 
> Conlaw to 1Ls Suicidal?"  and received a few responses.  One 
> response asked 
> me to share the  other responses. Is it proper to forward the 
> responses to 
> those requesting it  despite the fact that these responses 
> were addressed to me 
> alone? Cut and  pasting--in order to preserve the identity of 
> the author--is, 
> for me, an arduous  process.
>  
>         I suppose, on the one  hand, one can argue that despite being 
> addressed to me a response to a  List question, in principle, 
> is directed to the 
> entire List, and is  off-List because there might not be 
> general interest in the 
> question. On the  other hand, some responses might indicate a 
> quasi-personal 
> trait of the author,  for example, how someone hates teaching 
> Conlaw to 1Ls.
>  
>         I'm probably making too  much of this issue, but I'm 
> uncomfortable in 
> forwarding Jones' email to Smith  when it was addressed to me alone. 
> What 
> assumptions, if any, can we make  about confidentially, if 
> the issue even 
> implicates confidentiality, of off-List  responses to on-List 
> questions?  Thanks.
>  
> Bobby
>  
> Robert Justin  Lipkin
> Professor of Law
> Widener University School of  Law
> Delaware
> 
> 
>                                         
> 
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