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?
GON OUT
BACKSON
BISY
BACKSON
--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, AA.com'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
Blawgsoming
Eyes Right
Interesting Times
Sunday, February 16, 2003
Nouns Of Multitude Or Signifying Many
News
Another Reason Why It Frequently Must Suck To Be A Judge
Friday, February 14, 2003
Electronic Discovery And Weblogs (LazyBlawg)
Calling All Crimsons (LazyBlawg)
Proposed Patriot Act II, Coast To Coast
Thursday, February 13, 2003
The Cruelest Editor
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
She Would Both Giveth, And Taketh Away
Wednesday, February 12, 2003
Economilogical
No Wonder I Spend So Much Time On The Web
Appellate Sites And Tidbits
Tuesday, February 11, 2003
Dude, You're Getting A Criminal Possession Charge!
Firm News
Macintools
"...and ultimately even burned onto a CD..."
Veggies With Velocity
Crimson And Clover
Monday, February 10, 2003
Blue Calling
Light Encryption
Sunday, February 09, 2003
Bah Relief
Vox, And Veritas
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
Saturday, February 08, 2003
Actual Malice
Friday, February 07, 2003
Adverse Possession
Unorthodox
Thursday, February 06, 2003
FindLaw's New Look
Tell 'Em What They've Won
Great Minds
Remote Control
Wednesday, February 05, 2003
Fun With Licensing; Invoking The LazyBlawg
Ladies And Gentlemen, Start Your TiVos
Antidotal
Tuesday, February 04, 2003
Undoing A Judgment, Without A Retrial
Rosie Predictions for BLAWGISTAN
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"
Using The Source
$50,000 In Your Trash Folder
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
Out Shouts
That Was Quick
Saturday, February 01, 2003
no, no, no
Unless otherwise expressly stated, all original material of whatever nature created by Denise M. Howell and included in the Bag and Baggage weblog and any related pages, including the weblog's archives, is licensed under a Creative Commons License.