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Thursday, February 27, 2003

(k)Nitting Picks

In the interest of journalistic accuracy (Into the Blog, LA Times, re Live from the Blogosphere), I believe the precise text was "Holy crap." (Hey, Ev's back. Phew.) Fun article.

(I am never skipping an event again, I am never skipping an event again...)

Resistance Is Futile, You Will Be Aggregated

Neat-o, check out the new Blogs at Harvard Aggregator. And Dave's right, it's fast. Caught my last post in less than 11 minutes.

What He Said (LazyBlawg)

TPH: "In the end, people will have their own reasons for their licensing decisions. I want simply to explain what I think is the most likely legal interpretation of the license so that people can better imagine how it might or might not work for them. [As always, I have to add the remark that people who have a lot riding on the licensing decision or want to talk about the quirks in a particular licensing scenario should consult an attorney.]" (2/25/03) Earlier post re Movable Type and CC licensing here. Someone should really jump on the opportunity to write this article.

Along The Way

A few things that have managed to crack through my current Wall of Work:

Bye, Mr. Rogers, you'll be missed.

Bye, Berman-Coble bill, you won't.

John C. Dvorak's PC Magazine column about the end of the moratorium on Internet sales taxes is a stunner: he's against it. (For some well-articulated reasons, too. A bit more background here.)

Patrick Norton has 3,500 or so helpful words on practical things to know about switching to the Mac. (The Mac's doing a bang-up job on the brief I'm finishing. Let's hope the same can be said of its author.)

Tuesday, February 25, 2003

"Lawyers Who Blawg"

The article from the March, 2003 issue of the ABA Journal about legal wegblogs now is available online: Lawyers who 'Blawg' -- Attorneys Are Finding Fans (and Some Fame) Posting Legal Commentary on the Net. I like it quite a bit. The author Jason Krause did his homework, and seems to have a clear understanding of "the whole weblog thing." In addition to profiling Howard Bashman, Goldstein & Howe's SCOTUSBlog, Marty Schwimmer and me, Jason picked the brains of a number of other fine legal bloggers including Eugene Volokh and Rick Klau, who are quoted, and Ernie Svenson, who unfortunately is not. The piece captures the excitement and passion I think is familiar to those of us who have drunk the Kool-Aid, and is bound to prompt even more legal types to take up this action-packed extreme sport. "[P]lease move away from any blunt instruments..." (!) (Heh, only a true blogger can quote herself with such delight and abandon -- not to mention a bracketed initial-cap. And yes, I await with eagerness and not some small degree of raw fear the print issue's photos.)

[Later] Minding one's p's and mixed metaphors: "It's a fertile legal playground for lawyers." (!???!) I'm laying the whole of the blame for this on Glenn Reynolds for *seeding* me with playground imagery right about when this interview happened, and right about here.

[Later still] Eeek, the pics are up.

Quite The Little Lawyer Family

Good morning, it's the crack of dawn, my husband left an hour ago to get ready for closing argument today in the case he's been trying, and I'm continuing to fine tune a Ninth Circuit brief due Friday. (For those of you who might be trial court litigators -- and for whom Friday thus feels like an occurrence due to hit around the same time as a manned mission to Mars -- realize that in the world of appellate law I feel like I'm filing this any second). With both sides of my marital unit in such high-test lawyer mode, you'd better pray we don't do anything rash this week like reproduce (uh, slim chance). There's no telling what sort of spawn that might loose on the world. "The Justice has a new weapon..."

(The brief I'm working on is for a party you've most likely heard of. I'll let you know once it's a matter of public record, if only so you can better appreciate how this project has a singular ability to snap me back to commando-caliber discipline every time my attention begins to drift in the slightest.)

Monday, February 24, 2003

Have you seen a Backson about anywhere in the Forest lately?

--C. R.

Sunday, February 23, 2003

Sunday Snippets

Today's LA Times business section has an article on unanticipated invocations of the DMCA (Media Copyright Law Put to Unexpected Uses; reg. req.). The Berkeley DRM Conference gets going later this week with an impressive roster of speakers. (Look for bIPblog's Mary Hodder to blog this, according to Donna; hopefully Professors Lessig and Felten will have some thoughts too.) Finally, if the DVD CCA plans to petition the U.S. Supreme Court for certiorari regarding the Pavlovich decision (PDF), I believe its time within which to do so expires after tomorrow.

Saturday, February 22, 2003

Pecking Order

So I guess this makes Rosie and Rocky the Special Forces. [via Ernie] (Probably flying over with this guy.) [via Rick]

Truth From A Friend, Part II

On blogging and its permutations: "So where we used to have the Sage on the Stage, we now have the Clod on the Blog?"

(See also Guide on the Side; Alison King, "From Sage on the Stage to Guide on the Side." College Teaching 41.1 (1993): 30-35.)

We have guests for the weekend -- can you tell?

Friday, February 21, 2003

Truth From A Friend

"We're now a little closer to the Gene Hackman character than the Tom Cruise..."

Twist My Arm -- Please!

It should go without saying that some diligent attendee should blog the heck out of D:ALL THINGS DIGITAL, May 27-29, 2003 in Carlsbad, CA. I mean, check out the speakers. I mean, check out the price.

Here's a promise: if someone feels compelled to, y'know, underwrite my presence at this thing, I'll certainly, uh, see what I can do. (It's axiomatic, after all, that "denise howell is a master of realtime capture of conference proceedings..." --gracias a Frank.) Whaddya say: want to


...note that new PayPal donors must verify their account before they can make a payment over $2,000...

By the way, not speaking of the enforceability of contractual arbitration clauses [via Howard], it seems PayPal's new user agreement provides for arbitration of all disputes involving less than $10,000 USD. This is a step back from the comparable clause in the old agreement which called for arbitration of all disputes. (So what are we waiting for again, exactly???)

...note also that while the WSJ knows how to Find A Blog (reg. req.), it's not clear whether D will have WiFi -- jipes, the irony -- or whether its producers would take kindly to live blogging...

Courting Greatness In WV

Rory Perry: "A little bit of typing and scanning on my part saves work, phone calls, paper, AND gets public info out to the public faster."

"How a Windows guy makes amends"

That would be iBert, an essential OS X application from Steve Saxon that is not, repeat not, included in the Perversion Tracker (your resource for "the very worst of Mac software"). [both via Macworld Audible News]

And because undoubtedly you've been consumed by the need to know, these should help determine just how L337 you are, and whether you care. (Another public service from B4g 4n|) B4gg4g3!)

Happy Blirthday, Tom!

Insiteview will be 52,5600 minutes old this afternoon. 180 cheers!

Thursday, February 20, 2003

Cross Exam Heaven

This (scroll down to American Airlines Suit Alleges Web Site Pilferage) could not have happened to a nicer guy. ("During a temporary injunction hearing Thursday,'s managing director, Scott Hayden, testified that his company would never use another Web site's content without its permission and would stop immediately if it learned that American did not have permission. Hayden also said that American would not display another site's content with an American frame around it. [...]")

I bet you can guess what happened next, but go read the whole thing anyway. You can make this stuff up (television tries), but experiencing it in person is rare. I'm looking forward to the first-hand account. Even in the absense of courtroom drama this is a fascinating case, with issues like those I wrote about awhile ago here. The Fort Worth Star-Telegram has more in this article.

Wednesday, February 19, 2003

Topical Reading

Andrea Guerrero graduated from Boalt Hall in 1999, and published her book Silence at Boalt: The Dismantling of Affirmative Action last fall. Ms. Guerrero's timing is providential in light of two matters pending before the U.S. Supreme Court concerning the propriety of race as a consideration in the University of Michigan's admissions practices. Ms. Guerrero writes that race-blind admissions standards at law schools such as Boalt Hall (my alma mater) have led to precipitous drops in the enrollment of minority candidates. Some of her other thoughts on this subject are available here and here.

On the Reed Smith front, these issues also are at the heart of one of our first notable cross-country collaborations since the merger, in the form of an amicus brief authored on behalf of Carnegie Mellon University and thirty-seven other private colleges and universities. You can access the brief here (PDF), and read Carnegie Mellon's perspective here.

How Appealing and the SCOTUSBlog continue to provide excellent coverage of the ongoing news, commentary, court filings and online resources related to the University of Michigan cases as they unfold.

Goodbye, Dolly

Though Dolly the Sheep no longer is with us, her big fleecy self lives on in video with her "dad," Ian Wilmut of the Roslin Institute, at Tech TV's Big Thinkers. Dr. Wilmut describes current cloning techniques as "horribly inefficient," and thinks it's "really quite appalling" anyone would consider applying them to humans.

Common Talk

Movable Type now has full support for Creative Commons licenses. Scientific American includes an overview about CC licenses in its March, 2003 edition, and Dave Sifry has added a CC license to the Technorati indices and feeds. [all via the Creative Commons Weblog]

Tuesday, February 18, 2003

Gonzo Indeed

So, you think I'm kicking myself for not driving up Saturday for this? Though I wasn't there, I have a small story that says perhaps big things.

Before the event, I emailed Doc, in essence: "Wish I could go, long drive, weekend night and I do that commute all week [insert lame, old-beyond-my-years excuse of your choice here]. My FTP password for Blog*spot has gone missing, think you could mention it to Ev?" What happened in the next several hours is now the stuff of legend. Yet, in the middle of all the chaos and confabulation, before the next business day even had dawned, Ev and colleagues were personally in touch to help me solve my niggling FTP issue. ("Class Act, you know your old pals, Loyalty, Trust and Genuine Affection? Come on in and have a cheese puff.")

Thanks to their kind -- and in light of current events, mindblowingly unexpected -- responsiveness, Bag and Baggage should be getting a facelift soon (not to mention a few other nips and tucks; if you have an elastic garment to spare, do let me know). You won't have to do a thing to your bookmarks or blogrolls.

Monday, February 17, 2003


And yet more blawgs! Carolyn Elefant is one of the authors at MyShingle, a Slashcode blawg for solos and small firms. Nice content, good philosophies (see, e.g., the Policies page), thoughtful insights: "[W]eblogs and increased sharing of substantive information is where the web is heading while static internet marketing that mimics hard copy (e.g., Yellow Pages and directories) is officially passe." Carolyn also has fired up the LOCE Wind and Wave Energy Weblog, a blog devoted to offshore wind and wave energy (one of Carolyn's practice areas). Soho Attorney asks, in similar vein, "Because Why Should You Be A Wage Slave?" and provides further information for solo practitioners and small firms with a heavier emphasis on tech issues. Phil Carter is a law student and former Army officer. Thanks to Jonas for the pointer. And Hani O.K. is "everyone's favorite Snarky Egyptian Midwestern Transplant Clothes-horse 1L living in the NYC," with a photo of something you don't see every day: a cross-country skier in Manhattan. [via The Blawg Ring]

Eyes Right

Welcoming some newcomers to the Bag and Baggage blawgroll: Products liability specialist Monique Svenson, Ernie's wife. Terry Seale, aka The Old Fox, "a legal research specialist and information architect." Dennis Kennedy, an IP/IT attorney, author and legal technology expert. (More about Dennis.) [via Ernie] Adam White, a 2L at Harvard. [via Weblogs At Harvard] Rebecca Nesson and Wayne Marshall, blogging from Jamaica, Mon. Both are Harvard grads, Rebecca of the law school too, and she's a Berkman Fellow. [via Weblogs At Harvard]

Interesting Times

Howard Rosenberg has this entertaining rant in today's L.A. Times (reg. req.) about the "troubled times" we now confront: "Something must be done -- before it's too late -- to end this television of mass destruction." (Sounds like Aaron Brown would be a blogging natural ;) .)

Sunday, February 16, 2003

Nouns Of Multitude Or Signifying Many

Good discussion at Shelley's about the Google-Pyra news, including this comment from bumr ("More and more of the content Google returns in its results are weblogs;" more) and this one from Jeneane ("Look for Gonzo to take hold"). Consistent with bumr's observations, lately I've noticed myself looking for -- and finding -- pertinent information using Google by limiting the search to the "" or "" domains. Now, I'm well aware that most of the world has a different host or server*, and I'm not saying I don't search more broadly as well. What I'm saying is you should give this a whirl and see how effective it can be. A quick example: I found a number of these resources by limiting the search to The same search limited to turned up this really wonderful electronic discovery library, maintained by Kroll Ontrack, and via Old Fox Den. I didn't know Kroll Ontrack from Adam, but its eEvidence law library is quite good, and it doesn't surprise me at all that I learned this from a blawger and Kylie Minogue fan. "But Denise," you say, "Daypop already lets you limit search results to weblogs in general." Sure, but this is Google we're talking about. See Cory Doctorow: "If Google pulls it off successfully, it will be able to generate tons of great, new, brilliant features, use its data-mining to refine them and build secondary services atop them, and that innovation will flow out to the other blogging tools. And vice-versa." *Think about how this might shift, is shifting. Sweet mullet, is it an AOL world after all??


Dan Gillmor: "Weblogs are going Googling." Don't miss the "Update" links at the end; as-published article here. Keynote HQ: "This site will provide valuable resources to make the most out of your presentations developed with Keynote." [via J-Files; link added]

Another Reason Why It Frequently Must Suck To Be A Judge

Aside from the appearance of impropriety thing? Not to mention the funding/staffing thing? The CA Attorney General's suggestion you should be precluded from deciding death penalty cases because you toured death row and have met and corresponded with former death row inmate and writer, Michael W. Hunter.* More in the L.A. Times and at Howard's. *Mr. Hunter's Merchants of Death was cited by Judge Kozinski in his dissent in Gerber v. Hickman, the Ninth Circuit's 2002 decision that found "the right to procreate is fundamentally inconsistent with incarceration" (PDF; Judge Kozinski's dissent begins at page 20). Other writing by Mr. Hunter includes: Maintenance of Justice, Mel, Mother Teresa and Dave.

Friday, February 14, 2003

Electronic Discovery And Weblogs (LazyBlawg)

Dave Donna asks: "Can anyone else out there point to some good sources of information about discovery and online material--even, specifically, weblogs?" One thing worth mentioning up front is that public weblog posts would not necessarily need to be obtained through the formal discovery process in litigation, which involves serving requests, and receiving back responses and often materials (and perhaps more often a pile of objections...). If it's on the Web a party can simply track it down, without waiting for the other side to provide it. In order for a party to use such informally located material to help present its case, the material probably would have to be disclosed in advance to the other side -- but maybe not, as can be true of material used in arbitration or for impeachment -- and authenticated as evidence. Given the appellate direction my practice has taken in recent years I've never had to lay a foundation for Web material in court, but it seems like it would not be difficult. That said, there's a wealth of material online about discovery of digital records. I quickly rounded up the following by using the site search functions at and FindLaw, and by running this (incidentally quite Dave-friendly) Google search. LazyBlawgers, please chime in too. Sarbanes-Oxley Has Major Impact on Electronic Evidence, by Michele C.S. Lange: "No longer can e-mail and computer files be blindly destroyed. Instead, balance must be found between appropriate destruction of stale and nonregulated documents and adequate preservation of potentially significant documents." The New New Evidence, by Paul Neal: "In fact, electronic audit trails can reveal much more than their paper counterparts. An electronic file leaves its own chronology of creation, modification and transmission. It may contain a history of drafts, rewrites, edits and comments between collaborators." The Homesteader and the Gunslinger, by Robert Alan Eisenberg: "The existence of contemporaneous and spontaneous electronic communications and digital 'smoking guns' can be used as enormous leverage for the aggressive and savvy practitioner." Discovery's Future Is Electronic, by Jason Hoppin: "Studies vary, but it's safe to say that more than 90 percent of all information generated in the business world is electronic and a comfortable majority of that information is never translated into paper form." Discovering Electronic Evidence, by Ernie Svenson: "[E]lectronic evidence is veritable treasure trove of potential information. And it may even include information that has been presumably destroyed under a document non-retention policy." E-Mail Mining: The Wages of Scandal, by Rafe Needleman: "Google does clustered searching on an even grander scale than Discovery Mining, although it doesn't (yet) offer a complete solution for the legal profession like Discovery does." Beware the Digital Dos and Don'ts, by Blaine Kimrey: "Plaintiff's attorneys are becoming increasingly savvy about digital data, and unless your company has a policy for retention of digital data, you could find yourself in a discovery predicament regardless of how good your defense might be. In a case where your defense is rock solid, the last thing you want to do is pay a settlement simply because you inadvertently failed to retain relevant digital data and thus are facing possible sanctions." An Electronic Voyage of Discovery, by Natalie Hanlon-Leh: "[R]emember that technology research is only part of the challenge: it’s just as important to understand the people with access to relevant information and how they work and process data."'s E-Discovery portal: " looks at the emergence of e-discovery as a mainstream litigation tool and examines the unique issues that arise when gathering electronic evidence." [Update] Also check out Kroll Ontrack's Law Library of resources on electronic discovery and computer forensics, including articles, case summaries, rules and statutes by location, and a glossary.

Calling All Crimsons (LazyBlawg)

As part of the Weblogs At Harvard project, Dave and Donna are looking for all of you blogging members of the Harvard community (students, academics, alumni, etc.). My blawgroll has turned up several, but if you're a Harvard blawger I've missed (1) let me know and I'll update this post, and (2) go here. Also invoking the LazyBlawg on this. Harvard Blawgers: Michael Adams Jeremy Blachman Stuart Buck Ex Parte David French GrepLaw Burt Hanson [Update] Bernard Hibbits Garrett Moritz [Update] Rebecca Nesson/Wayne Marshall Christine Niles Nathan Oman John Palfrey Derek Slater Peter Tillers Sasha Volokh Donna Wentworth [Update] Adam White

Proposed Patriot Act II, Coast To Coast

Jack Balkin (L.A. Times): "Give a few dollars to a Muslim charity Ashcroft thinks is a terrorist organization and you could be on the next plane out of this country." William Safire (N.Y. Times): "We hyperventilating, raving privacy fanatics may deal in piffle and flapdoodle, but we are not alone."

Thursday, February 13, 2003

The Cruelest Editor

Justice William Bedsworth (Take The Ashes and Gub):
The Reporter of Decisions is a nice man named Ed Jessen, and he and his minions(2) edit everything written for publication by the Courts of Appeal and the Supreme Court to make sure we sound official and/or erudite.(3) (2) Say what you will about Ed, he is a man of many minions. (3) Imagine their despair when I was appointed.

DMCA Indictments

Six defendants have been criminally charged in California under the DMCA's anticircumvention provisions for activities aimed at descrambling satellite TV broadcasts. Story at c | net [via ILN]

She Would Both Giveth, And Taketh Away

California Senator Deborah Bowen (D-Redondo Beach), who introduced legislation in California that would enable spam recipients to recover the greater of actual damages or $500 per offending item (as discussed previously here), also is the author of SB 157, introduced two days ago. If passed, SB 157 would require businesses with no physical presence in the state to start collecting sales tax from California residents in online transactions. Senator Bowen and California are not alone. Thirty-four other states and the District of Columbia are backing the Streamlined Sales & Use Tax Agreement (the "SSUTA," related site here), as further described in the Senator's press release and this San Jose Business Journal article. A six-part series on the SSUTA is available here, from E-Commerce Tax News. These efforts are at odds with federal legislation introduced last month by Congressman Cox (R-CA) and Senator Wyden (D-OR), that would prohibit states indefinitely from requiring out of state online sellers to collect sales tax that would be charged if the buyer were making a local purchase. Subsequent commentary seems to suggest Cox and Wyden are more likely to obtain another extension of the existing moratorium -- which otherwise expires this November -- than the permanent ban they seek. In other words, this is no hoax, people. Shop now, shop now...

Wednesday, February 12, 2003


While I'm reading The Support Economy my Dad's reading and raving about The Hydrogen Economy, so I guess that's next on the list. Of related interest, Road to the Future: fuel cell development news from GM. [Update] Also related: a new initiative from Congressman Cox (R-CA) and Senator Wyden (D-OR), to promote hydrogen fuel cell filling stations.

No Wonder I Spend So Much Time On The Web

This week on TV: Joe Millionaire didn't pick, and 60 Minutes II promo'd this segment as follows: "If you drink this, it will kill you. And he's about to do it!!"

Appellate Sites And Tidbits

According to this (Nevada Delays Plans for Appeals Court, SFGate/AP) we shouldn't look for an intermediate appellate court, or an intermediate appellate court Web site, in the state of Nevada any time soon. However, for a thorough rundown of other appellate court Web site offerings, don't miss Howard's Legal Intelligencer article this month (available soon here, and via email subscription at that link; oh golly, I linked to a competitor again, somebody get the big net). The discussion is informative and useful, and I was pleased to see Rory Perry and his court get well deserved recognition for their efforts. The response Howard posted last night from the former IT director for the Eleventh Circuit also is fascinating. A sample: "Using such tools in house and putting Microsoft's Index Server on the public Internet are two very different undertakings. The number of successful hacks of Index Server on public web sites is staggering, and each time Microsoft swore that security patches 'fixed' their product, another successful hack of either the Index Server or Microsoft's web server occurred within days or weeks. There now are some safer Linux-based tools, and I think the Eleventh is quickly moving in that direction." (By the way, can anyone explain why whenever I consider electric guitars in prison, all I can picture is Chicago, with Strats?)

Tuesday, February 11, 2003

Dude, You're Getting A Criminal Possession Charge!

Aw, poor (PDF) Dell dude. [via FindLaw]

Firm News

Howard had this last week (but of course! his permalinks are on hold, but it was Friday at 4:04 p.m.), but I'm pleased also to note The Internet Marketing Attorney's annual review of law firm sites, and mention how proud we are at Reed Smith to have been included in the top ten. (Personally, I'm of the mind the firm should get extra points for showing Mr. Buchdahl "some good things about [our] competitors" -- think Nordstrom, among other things -- but we can have that discussion another day.) The Web site in its current form is "new" as of mid-December, and we're working to make it better and better... I'm also very excited for my Northern California colleague Greg Beattie, who will head the firm's Venture and Technology Practice Group as described further here.


Finally downloaded Safari over the weekend. Liking it a bunch, especially its built in pop-up killer, intuitive and powerful bookmark wrangler, and the orange "snap back" arrow in both the main address and included Google search bars (these bring you right back to where you started a particular train of thought). One thing I'm missing from IE 5.2 for the Mac: the "Scrapbook" feature, that lets you easily (one-click easily) stash a copy of any Web page in the browser (and on your hard drive) for future reference. Scrapbook is a slick way of making sure key pages don't vanish on you. Also gave the 'puters their iLife update. Not much I can add to the myriad reviews of the updated iApps, except to suppose it's just a matter of time before Apple breaks down and includes some sort of dimly lit, softly focused iDVD theme to cater to another reputedly popular use of home video equipment. If you're like me and sprang for Office for your Mac to ensure compatibility with Windows-Office documents, you've got Entourage but may not be up to speed on all its features. Never fear, there's a free (you pay s&h) "beyond the basics" CD for Entourage available from Avondale Media. [via Macworld Audible News] Finally, I'm determined to give the iBlog OS X blogging tool and news aggregator a whirl one of these days. Will keep you posted. [Id.]

"...and ultimately even burned onto a CD..."

Interesting take on Microsoft DRM strategies from Joe Wilcox at ZDNet. Among other things, it cites "[a] research paper [Word doc via Stanford's Applied Crypto Group] published last fall, reportedly by four Microsoft employees, conclud[ing] that DRM technology would likely fail because of consumer resistance to content protection and acceptance of file trading. The researchers concluded 'that a vendor will probably make more money by selling unprotected objects than protected objects.'"

Veggies With Velocity

Dave Barry rounds up some zucchini racing links. Knew this was going to be good.

Crimson And Clover

If you haven't checked out what's going on at Harvard Blogs, do. This strikes me as a Quite A Big Deal, for reasons like those eloquently expressed by Donna Wentworth. More from Dave Winer.

Monday, February 10, 2003

Blue Calling

Olympia will offer a cordless phone that speaks Bluetooth to other devices for Net access: "The Olympia 2.4 GHz CDP is the first multi-handset, cordless phone to offer simultaneous voice and data access that lets mobile devices - PDAs, laptops and mobile phones - connect wirelessly at broadband speeds." [via EE Times] The Sony Ericsson P800 ships in the U.S. just in time for Valentine's Day. [via c | net]

Light Encryption

Kevin Mitnick on The Screen Savers, surfing the Web for the first time since his sentence: "I'd really like to check out online banking!"

Sunday, February 09, 2003

Bah Relief

People who live in conch houses shouldn't throw cones. In other news, Hermione Granger still has her wand, and space yet remains in Estonian Traveling Stitches at Stitches West ("Armhole Success," of course, is full at this late date).

Vox, And Veritas

Med Kit
There's much to think about in The Support Economy, with which I'm spending some beach time this afternoon (it's February in Southern California, after all). The book's wealth of insights and analyses encourage, if nothing else, a critical reassessment of business practices you might take for granted both in your personal and professional life. With attention to things like voice,
With the expression of voice one names the world, turning otherwise chaotic experience into something that can be known and understood. In this way the exercise of voice is a way of creating meaning and imbuing experience with a sense of purpose and choice.
and identity,
One of the most important ongoing organized processes in modern life is the establishment and maintenance of identity. As sociologist Peter Burke observes, it involves behaviors, thoughts and feelings in a "continuously operating, self-adjusting feedback loop."
the authors analyze economic realities that businesses ignore at their peril. The underlying messages call to mind another author's observations: "The audience is listening -- for a heartbeat." And their hearing can tell the real thing from the recording: "[F]orget faux-hip; when suits get cute, everybody reaches for the barf bag."

Lucious Links

Congratulations to Maureen and friends at Reenhead for a great blog and inclusion in MSNBC's Best of Blogs. A liveried messenger is being dispatched even as we speak.

Saturday, February 08, 2003

Actual Malice

There's a great new first amendment and media law blog by New York attorney John Maltbie, appropriately titled Actual Malice. John is a friend of Kevin's, who provides some key background. ;-) (That sound you're hearing is the clickety-clack of the little marbles rolling around in the brains of several law students who are, for the first time, becoming clear on what to do with their degree.) [Update: oops, John is a John, not a Kevin, as previously posted.]

Friday, February 07, 2003

Adverse Possession

Two Texans have been indicted for stealing shuttle debris, and face penalties of up to 10 years imprisonment and $250,000. (Coverage at The New York Times, CollectSPACE.) FindLaw has the paperwork (Hipp; Gaudet). To check in on the "who owns the debris?" debate, see Politech (here and here), Howard Bashman Ernie Svenson, Michael Wasylik and Jeneane Sessum (here and here).


Fishrush: "Imagination without proper legal representation is dangerous." (Much more imaginatively presented over there, I assure you.)

Thursday, February 06, 2003

FindLaw's New Look

So, FindLaw has updated its homepage. (I just keep wondering where it's registered.)

Tell 'Em What They've Won

Amanda Butler and a bevy of Baudes appear to have put The Blawg Ring over the 100 mark. (And there was much rejoicing.) And Naked Ownership serves up Louisiana law (and crawfish?), as previously noted by Ernie.

Great Minds

This (Desire: Connecting With What Customers Want, Fast Company, Feb. '03) suggests Bill Breen has read The Support Economy, but I don't think the authors meant to imply that Oprah is the finish line...

Remote Control

From (The National Law Journal): Web-Enabled ADR and Extranets Serve Client Needs. From the above article: elawyering, the ABA's portal and "catalyst for lawyers to adapt and flourish in the new technology-driven economic order." (Ok, so the jargon is a trifle grandiose, but you might find a useful resource there or two.)

Wednesday, February 05, 2003

Fun With Licensing; Invoking The LazyBlawg

This exchange involving Phil Ringalda, Hylton Jolliffe, Donna Wentworth and the Corante Terms of Use page is an entertaining and elegant example of noting, fixing and moving right along. Donna's post also reminded me, by pointing to Shelley Powers (please see her post here and its links, trackbacks and comments), that there's a need/demand for an IP blawger to write an article or a post with a "Licensing 101" theme aimed at Web material in general and weblogs in particular. An overview of the relative risks and benefits of front-end licensing would go a long way toward helping people evaluate whether Creative Commons or one of its precursor "just add water" solutions (e.g., those rounded up once upon a time by our friends at Berkman) would work for them, whether they might wish to consult with an actual lawyer about their licensing concerns (hopefully not as painful as it sounds), or perhaps, for them, "licensing-schmeisensing, long live the circle-c ©." I'd do it, but I just have too much on my plate in the immediate near term. Sounds like a perfect opportunity to write a topical piece that any number of, y'know, actual publishers might be interested in, or to do what your blog does so well and forego the middle-person. (Need a research starting point? Try Aaron Swartz's License Haiku...actually, here are a couple of more serious links that just sort of highlight the need for a current and focused exploration of the topic. If you know of or have the time to track down other potentially pertinent analyses, now would be a good time to LazyBlawg them.) This also gives me a chance to say "hey!" to Rick Klau's friend Eric Heels (who recently has drunk the weblog Kool-Aid and is wondering what happens next; this is what happens next), and note that his newly bloggified and eye-catchingly-domained site ("beaver law" can be really intriguing) has an article about copyright and self-publishing: How to Write, Copyright and Publish Your Own Book. However, the article is oriented toward, as titled, a book and not a myriad of Web-based material, and it doesn't tackle the uses, benefits and/or potential drawbacks of front-end licensing. O magic LazyBlawg, you are hereby invok-ed.

Ladies And Gentlemen, Start Your TiVos

You might not want to miss today's episode of The Screen Savers, which will feature author and blogger William Gibson and, as if that weren't enough, promised TiVo tweaks. By the way, select - play - select - 3 - 0 - select still works to convert the >> button into a 30-second skip, but you may have to reprogram this after the software has updated. Om Malik explains at Red Herring why he thinks TiVo is ubiquitizing itself out of existence, but I'm guessing his guesses about an AOL Time Warner acquisition were written before this news broke.


In a considerably lighter vein than Colin Powell before the U.N., pay a visit to The Academy, authored by several recent law grads who surface periodically from their "regularly scheduled billings" to give each other rafts of grief, note questionable (and hilarious) jurisprudential linguistic choices, and discuss the finer points of rubber bath mat design. Loving this. [via The Blawg Ring]

Tuesday, February 04, 2003

Undoing A Judgment, Without A Retrial

My RSCH appellate group colleagues Jim Martin and Ben Shatz have the cover story (PDF) in this month's Los Angeles Lawyer magazine (PDF of issue here), discussing stipulated reversals on appeal of judgments entered by trial courts. This is something parties might wish to do, for example, as part of a settlement reached during an appeal, but decisions and legislative changes in recent years have made the process more complicated. The article provides context and guidelines pertinent to obtaining such a reversal under California law.

Rosie Predictions for BLAWGISTAN

Sandra Rosenzweig writes what traditionally is my first stop in reviewing the California Lawyer magazine: the monthly round up of "Technicalities." Sandra's columns ("Rosie's Ramblings"), reviews and tips are invaluable to a modern law practice. Blawgs have been on Sandra's radar since at least last summer (see her August and October pieces), and this month she really goes to town on the subject:
I just heard someone predict, in public to a paying audience, that blogging is this year's killer app. That may be, oh, the 34th time I've heard that prognostication, and all I can say is, "This year's?" Where has this guy been for the last few years?
As Sandra explains, she has been trying different blogging tools and writing her own Rosie's Ramblings blog, where she's enjoying the flexibility a blog can provide a professional journalist: "[I]t's rather fun to fiddle with the design of my (mine, all mine) page and offer stuff that I'd never find room for in the hard copy of CALIFORNIA LAWYER." Her column this month highlights the powerful knowledge sharing aspects of this medium, and the convenience of having "your research, resources and collaborations" reside always at your fingertips, on the Web. Wait'll she hears about Blawgistan and the forthcoming BlawgCafe. Whoa, Rosie!

Taking Legal Information "To RSS"

Michael, Ernie and Rory have a good discussion underway on uses of RSS in the legal field. I second (third and fourth) Rory's point about docket information, as I mentioned to Howard recently in response to his call for input on an article about appellate court Web sites.

Using The Source

In a talk last October about digital identity issues, Doc Searls spoke of the need for something to "catch fire" at the open source level. As I paraphrased him from the audience, "Identity infrastructure will be built around sovereign, individual IDs." "Once we empower the customer to come to companies with more ways to relate, we will have the ID structure we want." See also Andre Durand's Three Tiers of Identity: Tier 1 is Personal Identity, "both timeless & unconditional...your true personal digital identity...owned and controlled entirely by you, for your sole benefit." Doc thinks "a killer T1 'Mydentity' app" still is needed, and Andre thinks it won't fully develop until "companies begin to rely upon the integrity of the T1(maintained by the individual)." As a step in this direction, and a spark to the fire discussed by Doc, Andre and friends are piloting Source ID, which seeks, through open source discussion, experimentation and development, to "enable quality assured and privacy enabling identity interchange between businesses and consumers." It's good to know these efforts are being undertaken by folks who seem to appreciate the critical role of a robust, secure, private and individually controlled "Tier 1." (Still skeptical? It's tough to quibble with the priorities of an outfit that occupies space on Chris Pirillo's chest...)

$50,000 In Your Trash Folder

California Senator Deborah Bowen (D-Redondo Beach) has introduced legislation intended to put more bite in the state's anti-spam laws. Included in SB 12:
This bill would authorize the recipient of a commercial e-mail advertisement transmitted in violation of any of these provisions to bring an action to recover the greater of actual damages or $500 per individual violation, and reasonable costs and attorney's fees. The bill would authorize the court to increase the award to up to triple this amount if the violation was willful or knowing.
Says Senator Bowen, "Contrary to the wisdom of Monty Python, not all kinds of spam go good with eggs." The bill seeks to govern unsolicited commercial email advertisements sent from California or to a California email address. Want to help? Take Senator Bowen's spam survey.

Monday, February 03, 2003

Shedding Water

Blawger Chuck Hartley might just be this year's Blogwhore. Don't worry, that's a good thing, as Chuck puts it, "one of the true watershed events in the evolution of blogging." You can see his game posts to date here, and follow the game here. Much luck, Chuck and Pongo!

Out Shouts

Apologies for the slow start this week. I never expected to see two space shuttles and their crews go up like roman candles in my lifetime. It has lowered a pall on my enthusiasm, as well as the knowledge that anything much I might say at the moment is terribly trivial. But the blawgs do go on, and there are a number of things worth mentioning on that front. The Blawg Ring should usher in its hundredth member any time now. Seems like we should be able to come up with some sort of appropriate commemoration for the lucky blawger... In the meantime, be sure to acquaint yourself with Berkman affiliate Derek Slater, who writes A Copyfighter's Musings. Speaking of Berkman, I've been much too tardy in welcoming Donna's and Dave's boss, John Palfrey, to the festivities. Dr. Karl-Friedrich Lenz, Professor of German and European Law at Aoyama Gakuin University, Tokyo writes the Lenz Blog, and has a number of recent posts with an IP focus. [via, to which Bag and Baggage says "Thanks!" for being noted as this week's "featured feed."] In other blawgy news, Bob Ambrogi highlights legal weblogs in his January column (Lawyers As Pundits, By Way of the Web), and the George Mason University School of Law has included several of your favorite blawgers in its class outline for Internet Research (via Howard). Finally, lots of gratitude, good feelings and therapeutic referrals to all who have dropped by Bag and Baggage since February 13, 2002, when I added the Site Meter; at some point this weekend, the blog had its 100,000th page view.

That Was Quick

Shuttle debris on eBay. It's a strange world. [via The Washington Post, Wired News, c | net and ILN]

Saturday, February 01, 2003

no, no, no

Columbia space shuttle disaster. CNN's news as of 10:25 EST is here. [Via Dave] Glenn Reynolds has been monitoring since NASA lost contact and the shuttle missed its scheduled landing time at Kennedy Space Center.

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