AUTHOR: Nancy Stinson
DATE: 4/8/2003 05:22:33 PM
-----
BODY:
The New Yahoo Search Engine
From the site: Tara Calishain, Gary Price and Chris Sherman comment on Yahoo's new search interface and capability. Tara highlights some of the differences between Yahoo and Google. Google still powers the Yahoo search feature. She also defines the new syntax. Gary remarks on a few changes. Note especially #6 concerning the retrieval of one item per domain. Chris highlights some of the new features, which include "shortcuts" for retrieving maps, phone numbers, weather and news.
From: TVC Alert 8 April 2003
Subscribe
MS Word “Exclude” Dictionary
Some strange letter combinations, like "mw" are passed up by MS Word 2000. If you come across a letter combination or word that Word thinks is a correct spelling, you may want to check out dictionary.com to see why it is included in the dictionary, then head this
Microsoft Knowledge Base article on how to create an "exclude dictionary". “Although not intuitive, it's pretty easy to set up and now Word flags mw as a misspelling.”
From: The LangaList Standard Edition 2003-04-07
SUBSCRIBE (it's free!): Create and send a new email to (subscribe-langalist@lyris.dundee.net)
Can a Lady Own a Law Firm?
Carolyn Elefant writes: This previous post discussed some of the factors possibly explaining the disproportionately low number of women in the personal injury field. Seems that women are disproportionately represented elsewhere - both as solos and particularly as owners of larger practices as reported in this piece, Despite Law School, Women Owned Firms Remain Rarities, Sheri Qualters (3/28/03). The article reports that:
Data from the legal placement organization shows that only 36 percent of the lawyers from the class of 2001 who opted to start a solo practice were women, which is only a slight uptick from the 33 percent reported by the class of 1997.
By way of explanation for the disparity, the article posits that:
Women may be more risk-averse when it comes to starting their own firms, said Ellen Carpenter, a shareholder at Boston-based law firm Roach & Carpenter PC. "It's a big step to start your own business," Carpenter said. "There may be some of that at play, or they may think they won't be able to generate business.
Still, the article profiles a few inspiring stories of women who have succeeded in founding their own firms such as Sara Goldsmith Schwartz of Schartz and Hannum and Ellen Carpenter of Roach and Carpenter. These women's law practices sound exciting enough that they should motivate other women to go out and hang out a shingle as well.
From: MyShingle.com April 06, 2003
--------
AUTHOR: Nancy Stinson
DATE: 4/7/2003 11:40:10 AM
-----
BODY:
National Archives Provides Database of 50 Million Historic Records
From the site: CNN reported the availability to the public of the National Archives and Records Administration (NARA) Access to Archival Databases System (AAD) in this April 5 article. The database was actually released on February 12, and represents a substantial e-gov program to provide a single user interface for researchers to facilitate searching, retrieving and dowloading approximately 50 million online records created by 20 federal government agencies that currently comprise 350 databases. The plan calls for an expansion to include data from 500 databases.
From beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net
April 7, 2003
Subscribe
Search Privacy At Google & Other Search Engines
By Danny Sullivan, Editor of The Search Engine Report, April 2, 2003
From the site: Danny Sullivan explains what Google tracks with cookies and why there is no current threat to your privacy.
From: TVC Alert 7 April 2003
Subscribe
GPO Access Changes Their URL (web address)
From the site: GPO Access, a service of the U.S. Government Printing Office, has a new Web address. GPO Access provides access to federal legislation and related documents, the United State Code, Code of Federal Regulations, U.S. Government Manual and more.
From: TVC Alert 7 April 2003
Subscribe
Top Ten Ways Your Firm's Employees Can Improve Your Marketing
By David Rodnitzky April 2003
From the article: Have you noticed that everyone thinks that they're marketing experts? Few people who aren't lawyers would claim that they could successfully argue a motion in court, and fewer still would want to attempt a triple-bypass surgery unless they had completed the requisite years of medical school and residency. Yet, when it comes to marketing, people feel free to talk at length about their opinions, regardless of whether these opinions are based on any experience or schooling…
So what should a marketer do when he or she is constantly approached by good-intentioned co-workers with suggestions on how to improve the marketing? My advice is simple: listen! A lot of the suggestions may be silly, but you're also likely to hear some ideas that you would have never come up with yourself.
Here are ten reasons to not only listen to employee suggestions about marketing, but to proactively solicit advice!
1. Brand Perception
2. Web Site Usability
3. A Non-Marketing Perspective
4. Catch Mistakes
5. The First 30 Days Rule
6. The Word on the Street
7. The Word in the Field
8. The Best Rainmakers are Educated Rainmakers
9. Happy Lawyers = Happy Marketing Team
10. Learn the Trade
From: FindLaw's MODERN PRACTICE: A Monthly Publication On Law Practice & Technology
April 2003 Issue #11
Subscribe
Thin Client Markets
By Albert Kassis, Esq. April 2003
From the site: On any given day, there will be very few potential clients seeking to engage lawyers or law firms that practice in the area of law that your firm handles. So many law firms vying for so little attention results in a "Thin Client Market." How, then, does a law firm cast the biggest net to capture these potential clients on any particular day? And how does a law firm stand out against other firms in a particular practice within a particular geography?
Find the answers to these and other important questions.
From: THE PRACTICE PAPER: A FindLaw Resource for Solo Attorneys and Small Law Firms
Edited by Joel R. Zand, Esq. April 2, 2003 Issue # 128
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 4/5/2003 02:15:44 PM
-----
BODY:
I really must apologize for missing yesterday and for returning to the old blog platform. I am in sunny South Carolina again visiting my beautiful daughter and her husband. This morning was the 26th Annual Cooper River Bridge Race which my daughter and I ran together - it was SUPER! Beautiful views of Charleston and the activity on the river. We finish in front of over 4,000 runners, but I'm NOT telling how many finished before us! This was our first time and our game plan was just FINISH and set a baseline for next year. We have a nice low bar to hurtle next year!!!
Now on with the news - Oh yea, I'm on Blogger again because Movable Type wanted a log on and password which I forgot to bring down with me. I'll move all this to MT as soon as I get back to rainy,cold Ohio!!
Blog for Solos and Small Firms
From the site: Fellow Washingtonian Carolyn Elefant has a new blog, My Shingle, "for and about solos and small firms."
This content rich site includes an On-Line Guide to Creating A Law Practice and a featured report, The Bars, Reviewed that surveys state bar and ABA services and materials available for solos and small law firms.
From: beSpacific - Accurate, focused law and technology news” By Sabrina I. Pacifici - bespacific@earthlink.net 18 Feb 2003
Software for Solos and Small Firms
From the site: If you just want to search in the contents of word processing files, you might want to check out SleuthHound. It handles Microsoft Word documents out of the box, and a plug-in can be used to access WordPerfect docs, as well. Depending on how many of your people will use it, you may want to look into either the per-person 'Pro' version ($99/person with WordPerfect plug-in), or go with the 'Intranet Sleuthhound' ($145 + $14/person). It's not clear how plug-in costs figure into the 'Intranet' package, but I assume they'd be happy to discuss that with you.
They also offer a free 30-day trial download, so you can check it out for yourself.
David Brandt, legal tech consultant
E: mailto:david@davidbrandt.com
From TechnoLawyer’s Answers to Questions on Oct 3
Thread Tracker 0.8.7
From the site: Many people working with computers find themselves joining any number of online forums, and this helpful application will help them keep track of their posts and responses. Essentially, Thread Tracker notifies users when replies have been made to their posts and threads. After entering a user name, the application will list the user's most recent posts and count the replies that have been made so far. Users can also send queries to the software development team, along with any other comments or suggestions. Thread Tracker 0.8.7 is compatible with all systems running Mac OS X and higher. [KMG]
From: The Scout Report, Copyright Internet Scout Project 1994-2003. http://scout.wisc.edu/ Volume 9, Number 13 April 4, 2003
Subscribe
News Desk
From the site: Easily customized for a variety of preferences, News Desk is a helpful way to stay in touch with hundreds of news sources. The application is a RSS headline reader, reading headlines from thousands of sources in 25 different languages. Users can search for headlines with keyword searches and age filters, along with the ability to send headlines using emails. The program's main Web site also feature five tutorials that assist users who want to utilize the full capabilities of the application. News Desk is compatible with all systems running Windows 95 and higher.
From: The Scout Report, Copyright Internet Scout Project 1994-2003. http://scout.wisc.edu/ Volume 9, Number 13 April 4, 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 4/3/2003 11:48:17 AM
-----
BODY:
Invisible Web Resources
From the site: Search Systems: An Essential Directory of Public Record Databases. For some of you this week's resource is an old favorite. It's been online for several years and was first know as pacs-info.com. For those of you who don't know about this resource, it is worthy of a visit and bookmark. This searchable directory contains direct links to over 13,000 public record databases from the U.S., Canada and other countries. Most of these databases are free to access. It's also worth pointing out that a great deal of the material in these databases resides on the Invisible, Deep, or Hidden web (pick the term that works for you). In other words, the only way to access the content is to use the interface from the specific database.
Here are a few other directories for government data that might be of value to you.
NETROnline (Public Records Online) A collection focusing on tax assessors' and recorders' offices.
Federal Agencies Directory (U.S.) From the library at Louisiana St. University.
From: The ResourceShelf Thursday, April 03, 2003
Something New from Google News
From the site: A small tweak at Google News makes searching for material from a specific source easier. Let's say you want to find material from the Chicago Tribune with the containing the keyword, Pentagon. Enter the terms, source first and the query will automatically rewrite itself with the syntax source:Chicago Tribune. This automatically limits your search to a single source. You are also given an option run a search on those specific terms. Note: In some cases the query will not auto rewrite itself but an option to limit to source is offered. For example: a search for the keyword train in The Guardian.
From: The ResourceShelf Friday, March 21, 2003
More Sources for Cached Web Pages
From the site: We're all aware of the fact that Google "caches" pages each time Googlebot comes through and crawls a web page. Caches are not permanent. The Wayback Machine an archive project does keep pages permanently) . Each page is "recached" each time the crawler visits the page. What gets by many people is that other web engines also cache web pages and could be useful in attempting to find a specific page that's either been removed from the web or its content has changed. Is any one source perfect? No. However, having multiple sources can be very useful. A few weeks ago I mentioned Fagan Finder's Page Information Viewer. It's a great tool to check various page info sources. It's also useful to check and see if the page has been cached by any/all of the following sources:
* Google
* Google News
* Daypop
* Yuntis (An experimental engine from State University of New York, Stonybrook)
* The Internet Archive (A PERMANENT source to over 10 billion captured web pages)
One More Point: Gigablast, another general web engine also caches web pages. Simply run your search and press the cache link or enter a url and see if the page is available. Gigablast also does a good job of listing the date the page was cached.
See Also: Fagan Finder Also Makes a Useful Tool "Site Info" Page. Look for the Link Labeled "Bookmarklet"
From: The ResourceShelf March 17, 2003
Teoma
From the site: Interview of Apostolos Gerasoulis and Steve Berkowitz of Jeeves/Teoma If you've been reading ResourceShelf over the past couple of year's know that we are very positive about Teoma (http://www.teoma.com/). Gerasoulis is VP of Research and Development at Ask.Com (Teoma's parent). He was also a member of the team at Rutgers who created Teoma (known as DiscoWeb at that time). Berkowitz is the President of Jeeves. This interview was conducted by James Mathewson of Computer User. Here's a portion of Gerasoulis response as he explains how Teoma is different than Google.
Mathewson: [Google] sort[s] results on the basis of the popularity of pages on the Web. If one site is hit more often than another, it will rank higher on the search results?
Gerasoulis: Here we do things a little differently than Google. Google counts hits without giving them any value. Everyone votes and no vote is weighted differently. We think better authority is defined by experts in the subject matter--these are the people who vote on which sites are the most authoritative, at run time. We call this subject-specific popularity. Once we have the results ranked by subject-specific popularity, we sort them into community clusters. This is the really interesting thing about Teoma 2.0. Every community uses words differently; they have different rules for the way the language is used. And community members even search for things differently using the same words. Let's say you type in "Apple," you might get results for Apple Computer, apple butter, apple picking, etc. These results will be grouped by their community meanings for the word apple. The user can narrow their search by the community they belong to.
From: The ResourceShelf Thursday, April 03, 2003
--------
AUTHOR: Nancy Stinson
DATE: 4/1/2003 10:05:21 AM
-----
BODY:
I promised myself that I would NOT stoop to the level of an April Fool, but the April Fool's Day Gallery is too good to miss!
I answered only 8 of the 16 quiz questions correctly; if you have a few minutes today, check it out!
From: Inter-Alia 1 April 2003
You might want to post this article on your firm's website!
Lawyers offer free services
Free legal services are being offered to Ohioans called into military service.
Lawyers include members of the Attorney General's Office, state legislators who are lawyers, and members of the Ohio Bar Association.
Rep. Timothy J. Grendell, Attorney General Jim Petro and Stephen Chappelear, president of the Ohio State Bar Association, have announced the expansion of the Patriot program, a pro bono program to help active duty military personnel and those in the reserves and National Guard.
"This program will benefit the men and women from Ohio who are protecting our constitutional freedoms by providing them with legal assistance while they focus on keeping America safe from terrorists and other threats," said Rep. Grendell, R-Chesterland.
Lawyers can help military families exercise their rights under the Soldiers' and Sailors' Civil Relief Act. Legal assistance will also be available for wills, trusts, living wills, powers of attorney and durable powers of attorney for health care.
More than 140 members of the Attorney General's Office staff provide their services to the program.
To get help: 866-444-3577."
From: THE CINCINNATI ENQUIRER, Tuesday, April 1, 2003 Thanks to G Baker's e-mail! (GBaker9916@aol.com)
Come Interview Jay Foonberg!
Carolyn Elefant writes: “We at MyShingle.com are thrilled to announce that the first subject of our planned monthly e-mail interviews is none other than Jay Foonberg. For those of you who don't know, Jay is the acclaimed author of How to Start and Build A Legal Practice which most solo and small firm practitioners regard as the ultimate treatise on starting a firm. But this isn't just any basic interview - we would like you to submit the interview questions for Jay. We will compile the best of the bunch and send them on for the type of high quality and clever response that Jay regularly and generously provides.”
From: myshingle 30 March 2003
First Online-Only Law Journal Debuts
“Click on over to the Santa Clara Journal of International Law, a journal of the Santa Clara University School of Law. Available only online, and only for free. First issue published last Friday, March 28.”
From the site: “A unique feature of the Santa Clara Journal of International Law is its purely electronic format. The Journal Editors hope that the online format will facilitate broad range accessibility in a way that print media cannot. The web-based format will allow the Journal to stay current continuously by publishing articles that are timely rather than having to wait to publish periodic volumes. The editors also feel that the online format offers easier access and direct reference to other relevant online materials. The Journal will publish reviews and comments from a diverse representation of international scholars and hope that this format will reach readers across all borders.”
From: Bag and Baggage 1 April 2003
If you are not going to the ABA TechShow, check out Dennis Kennedy’s presentations on his blawg site. Some of the material is repeated in each presentation, but there is enough good and unique information in each to make them worth checking out!
“MY TECHSHOW HANDOUTS POSTED TO WEB (PDF)”
“I have now placed copies of my handouts for TechShow on my web site in PDF format. The first set is for a presentation called "Are Clients Driving Your IT Strategy?" and the second is "The Technology Manifesto: Working Closer With Your Business Partners."
From: DENNISKENNEDY.BLAWG 31 March 2003
“Corporate Scorecard: Top Practices in 2002” By Jim Schroeder
The American Lawyer
04-01-2003
From Law.com
--------
AUTHOR: Nancy Stinson
DATE: 3/31/2003 10:21:24 AM
-----
BODY:
"War Means (Almost) Never Having to Say You're Sorry: Civilian Deaths and Official Apologies" By Joanne Mariner
“With apologies for the killing of civilians being scarce, it is unsurprising that compensation for such killings is even scarcer, and the criminal prosecution of the perpetrators is scarce still.”
From: FindLaw’s Writ: Legal Commentary
Issue #139, March 24 - March 28,2003
Subscribe
"Law Blawgs All on One Page"“
Bob Helmer has created the Daily Whirl, a one-stop shop to see headlines from many of the lawyer and law blogs now available. The site also offers a lot of personalization options. Another good example of lawyers creatively using blogs and feeds.”
From: Dennis Kenndey.Blog: Legal Technology, Technology Law and Other Musings
26 March 2003
"Tomorrow's Tech"
ZDNet's Anchordesk "has a good collection of articles in a special report on personal technology choices that may help you make decisions about hardware, software, and services over the next 18 months."
From: Dennis Kenndey.Blog: Legal Technology, Technology Law and Other Musings
24 March 2003
"Courts by Zip Code!"
"In the continuing effort to bring our readers the lastest and best tools, we have just added an exclusive new feature to our site. It's called "Courts by Zip Code", created by the very talented Larry Staton. The Courts by Zip Code interface is just under the Law.com Dictionary on the left navigation bar. Larry created this tool to allow his firm to quickly determine what federal court to file law suits in across the country. And, he has agreed to make it available to the public through our site.
To use Courts by Zip Code, simply punch in the zip code you want to check, and use the drop down menu to define your search, which return results including the Federal Circuit, District, and Division, as well as the City and State that the zip code is for. The database will return the information you request. Please keep in mind that while the database is functioning, new data is being added on a daily basis, and some results may return no data, until the database is complete."
Posted by: Glenn K. Garnes, 24 March 03
ESQ Law Tech Weekly
"Malpractice Lessons: Secure Assets; Don't Wind Up Like Johnnie Cochran"
Carolyn Elefant writes: “Legal malpractice can happen to the best of us, as these articles demonstrate. But at least by reading these pieces, we can avoid the mistakes committed by a prominent Connecticut firm as well as famed lawyer Johnnie Cochran.” The first article Fairfield Law Firm Guilty of Malpractice, Daniel Tepfer, Bridgeport News (3/29/03) ”reports that a jury found a prominent law firm liable for more than one million dollars in a legal malpractice action filed by the firm's client, an NBA coach. But the firm neglected to secure the defendants' assets in prosecuting the suit so when the case came for trial there were no funds to pay a potential judgment.
Malpractice Lesson No. 1 - secure those assets before trial!
A second article, Cochran Faces Malpractice, by Fran Spielman Abdon Pallasch, Chicago Sun Times (3/28/03), “describes a legal malpractice suit against the famed Johnnie Cochran. Though the error - missing the statute of limitations for a medical malpractice case - was committed by a firm associated with Cochran and not Cochran himself, because Cochran would receive a referral fee for the matter, he can be held accountable for the other firm's malpractice under Illinois Law.
Malpractice Lesson No. 2 - know your jurisdiction's rules on liability with respect to referral fees and be very careful where applicable rules put you on the hook. A referral fee, no matter how large, won't outweigh the damage of a legal malpractice action.”
From: myshingle on 30 March 2003
"Free Speech Right Does Not Transfer to Attorney" By John Caher
New York Law Journal
”A citizen may have a right to address a public body, but that free speech right cannot be transferred to an attorney or other representative, a Northern District of New York federal judge has ruled.”
From: Law.com 03-31-2003
--------
AUTHOR: Nancy Stinson
DATE: 3/28/2003 11:03:51 AM
-----
BODY:
Happy Friday to you all! If you happen to be a “boomer” like me, you will no doubt remember “Good Morning Star Shine” from the rock opera “Hair,” and the youngsters out there can relate to “E.T.” here. Now, you may well be asking yourself where I am headed with this, but read on….
N.M. Lawmakers OK Day Honoring ET Culture
SANTA FE, N.M. - Believers in space aliens, rejoice!
"New Mexicans can now celebrate every second Tuesday in February as "Extraterrestrial Culture Day" after a Roswell lawmaker's proposal won approval in the House.
Some lawmakers scoffed at the idea. But the sponsor of the memorial, Rep. Daniel Foley, R-Roswell, said life on other planets — if you believe in it — surely has its own set of cultural beliefs.
"They have some sort of culture, whether it's something we understand or not," he said.
The measure, approved Friday, claims extraterrestrials have contributed to recognition of New Mexico. The state has been associated with little green men for more than half a century, staring in 1947 with a purported UFO crash that came to be known as the Roswell Incident.
Foley suggests that a copy of the memorial be transmitted into space with the intent that it be received as a token of peace and friendship."
and…
"This just wasn’t Mr. Mason’s day in court. Not Perry Mason, Ray Mason.
This 40 year old stout fellow plead guilty to aggravated assault before
Judge Jim Parsons in Athens, Texas. His Honour - no doubt taking the plea of guilty into account as a mitigating factor - handed Mason a sentence of 8 years in jail. The judge’s magnanimity did not sit well with Mr. Mason, who thereupon turned around, dropped his pants and gave His Honour an astronomy lesson, to wit, shouting, “Hey judge, look at this.”
Judge Parsons was apparently not in the mood for lunar studies. He handed Ray an additional 6 months for contempt of court.
I feel the judge overreacted. He could have been more opulent and creative in his disposition, perhaps as follows:
“Mr. Mason. You are going to be spending the next 8 years in the penitentiary. I did ask you before sentence if you had anything to say. You said, “No judge, not at this time.” Moments later after handing down sentence you reversed yourself and invited the entire courtroom to watch a full moon. This novel sort of self expression should not go unnoticed. In fact, no doubt there are many lawyers in the community who would do the same thing you just did. Instead, they often come here and pepper me with boring legal submissions, citing cases like ‘The People v X’ or ‘The People v Y.’ Your own lawyer for that matter, following pronouncement of your sentence, uttered the words, “Thank you Your Honour.” I know what he really meant. At least you have been honest and forthright with the Court. You simply expressed what Charles Dickens said over a century ago, namely, ' the law is an ass.’ Your candour is a good start on your road to rehabilitation. Best of luck in your new location.”
After all, the punishment should fit the crime."
See “Man Moons Judge, Gets More Jail Time”
Both from: LEGAL HUMOUR NEWS – March 26, 2003
Subscribe
Now for the serious…
“Outsourced legal writing: If it's used with caution, it can be a lifesaver” By Robert J. Ambrogi
“For lawyers in small firms or on tight deadlines, legal research and writing services can be lifesavers. But… they are not without flaws. And experts in legal ethics and professional liability warn that using them carries risks.”
From: Lawsites
March 18, 2003
“Judges May Decide Whether to Probe Pro Se Competence” By Mark Hamblett
New York Law Journal
03-28-2003
“District court judges are not required to inquire without prompting into a pro se plaintiff's mental competence, even where there is evidence of bizarre behavior, the 2nd U.S. Circuit Court of Appeals has ruled.
Examining the scope of Rule 17(c) of the Federal Rules of Civil Procedure as it concerns the appointment of guardians ad litem or other protective measures, the 2nd Circuit said judges have broad discretion in deciding whether to conduct an inquiry into the competence of indigent plaintiffs.”
From: Law.com: News
28 March 2003
Tips for Protecting Your Privacy on the Internet
"The article provides basic advice on how to navigate the Internet without leaving an obvious trail."
From: TVC Alert 27 March 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/27/2003 10:05:35 AM
-----
BODY:
Competitive Intelligence is so interesting and growing more important each day. Today’s first article is from Free Pint
TIPS AND TECHNIQUES
"Internet Intelligence - Analysing Web-Sites for Competitive Intelligence" By Arthur Weiss and Steve England
Some interesting information from the site includes:
- “A good starting point for determining a company's Internet strategy is to examine the company's domain names. Thus, Network solutions "whois" service allows the entry of a company name and gives the first 50 web sites registered to the company. These names can indicate a variety of different things – from where the company hopes to expand, to how they perceive competitors.”
- “We also consider how the web site is being used and what corporate message is being relayed.”
- “A comparison between links going out of a site, and links to a site can highlight any reciprocal arrangements between different companies and web-sites.”
- “Most designers are now familiar with the concept of Meta Tags and these need to be checked to see how the site is attempting to promote itself. For example, it is becoming quite common for companies to include their competitors' names in the meta tags in the hope of being found when a surfer is actually looking for their competitor.”
STATES FAIL IN CYBERSECURITY PLANNING
“A new study from Zeichner Risk Analytics LLC, State Implementation of Cyber-Security Requirements (pdf) identifies 36 states that have failed to prepare for and implement appropriate cybersecurity measures as required by the Gramm-Leach-Bliley Act of 1999 to protect critical financial and information infrastructure from cyberattacks.”
You may be interested to know that Ohio falls under the Tier III category of states “with little or no cyber-security activity!”
From: beSpacific - Accurate, focused law and technology news By Sabrina I. Pacifici - bespacific@earthlink.net March 26, 2003
Subscribe
NEXT-GENERATION E-MAIL
”Most law firms have long since incorporated e-mail as a standard form of communication with clients. With the introduction of LetterMark and eLawMarketing, ALL-STATE LEGAL, a leader in engraved and printed stationery, aims to help law firms integrate printed and electronic communications, including one-to-one e-mail stationery and one-to-many e-mail marketing. LetterMark enables you to create a firm-branded HTML e-mail template that any Outlook user can then use for e-mail correspondence.”
“The browser-based eLawMarketing service facilitates the creation of sophisticated permission e-mail marketing campaigns or the publishing of an e-mail newsletter. With eLawMarketing, you can track opens (the number of people who open your messages), click-throughs (the number of people who click on a link), and other important metrics. eLawMarketing also features a "Forward E-Mail" function that enables recipients to send the newsletter to others, thereby generating referrals and growing your subscriber base. LetterMark works with Outlook 98/2000/2002.”
Learn more about LetterMark
Learn more about eLawMarketing
From: TechnoLawyer NewsWire March 26, 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/26/2003 09:47:55 AM
-----
BODY:
Today I have found some interesting technology articles and sites and one article for frequent fliers. Enjoy and be informed!
“The Marion Brecher Citizen Access Project (CAP), from the University of Florida College of Journalism and Communications, is a "comparative guide to state laws controlling citizen access to government meetings and records." The project provides a growing database of information on public records that uses a 'sunshine' index rating scale (to indicate the level of public access) to categories of laws that are searchable by individual state, along with links to capsule explanations of specific provisions of the laws. Users may also choose to compare ratings for a specific law across all states, or review the treatment of specific provisions for each state.”
From: beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net March 25, 2003
Subscribe
Courtrooms Go High Tech By Joel Zand
“When you step before a judge and jury these days, counselor, you're not in Perry Mason's courtroom anymore. In state and federal courts around the country, attorneys will find it easier to utilize audio, visual, and computer equipment to tell a story to juries. Whether you're trying a civil or criminal case, the impact that these tools may have on your case can be well worth the effort.”
From: Tools of the Trade
A FindLaw Monthly Law And Technology Resource, Edited by Joel Zand, Esq
March 2003, Issue # 2
Subscribe
A Weblog for Legal Professionals Who Use Apple Macintosh Computers
From: Tools of the Trade
A FindLaw Monthly Law And Technology Resource, Edited by Joel Zand, Esq
March 2003, Issue # 2
Subscribe
LawGuru.com Legal Term Dictionary
"LLN is told that The Legal Dictionary provides free access to a large database of 6700+ common (and not so common) legal terms and definitions. Terms and definitions can either be searched via a search box or can be browsed alphabetically. Search results are displayed in a simple and clear fashion.
They have also created a FindLegalForms.com site and have added dozens of new categories of legal forms, including: Leases, Bills of Sale, Rental Applications, Power of Attorney forms, Promissory Notes, Real Estate forms, Affidavits, Confidentiality Agreements, Non-Disclosure Agreements, Releases and much more."
From: Law Librarians News
Issue 28 March 21 2003
e-mail newsletter, to subscribe contact Sean Hocking of Law Librarians News at lawlibnews@ozemail.com.au
Next week I am flying to Charleston, SC to run the Cooper River Bridge Race with my daughter and about 20,000 other runners, and plan to take my laptop to work on the long flight - it is not the miles for me, but the layovers! You cannot get from Akron-Canton to Charleston with at least one layover. I took the cheap flight and have two, for a total of 3+ hours each way! (We do not get paid much!)
If YOU fly a lot, you will find a lot of great tips by reading:
"Balancing Life and Practice: Flying High And Working Hard” By Joe Sharkey The New York Times
From: TechnoLawyer’s TechnoRelease Tuesday March 25, 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/25/2003 10:01:16 AM
-----
BODY:
I do believe that it is finally Spring in Ohio! It will probably snow tomorrow!
Last month, the Legally Speaking newsletter’s lead article was on Competitive Intelligence and the first item I would like to bring to your attention is…
Resource for Competitive Intelligence Research
"Today's Search Day highlights a free resource on market data from subscription-based Dun & Bradstreet, called ZapaData (requires free registration). This site would no doubt prove useful to those conducting competitive intelligence research, as it searches a database of 14 million business records to compile company reports.".
From: beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net, March 24, 2003
Subscribe
The second item is one that you probably already know about and even use, but for the beginners I thought I’d mention it because it is an important resource.
Library of Congress Law Library
"The featured research center on the Library of Congress Today is the Law Library of Congress. It is worth noting this especially useful collection and the expertise of the professionals who work there: "The mission of the Law Library is to provide research and legal information to the U.S. Congress, U.S. Federal Courts and Executive Agencies, and to offer reference services to the public. It contains the world's largest collection of law books and other resources from all countries and provides digitized information with online databases and guides to legal information worldwide."
From: beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net, March 24, 2003
Subscribe
There is a very good article in Law.com about the ethical problems which arise with the increased use of e-mail that is worth you time to skim.
Practicing Law by E-Mail
By Jeffrey A. Fuisz and Alison M. King
New York Law Journal
03-20-2003
Help Desk
"Take advantage of Find: When conducting research, do you ever find a page that will take you forever to locate the words you're looking for? Just click Ctrl- F, and the Find feature is activated. Just click Find Next to find all instances of your word or phrase on the page. If you happen to have the Google Toolbar, all you have to do is click the Highlight key, and your word/phrase is highlighted in yellow throughout the page. A good way to speed through your research.
Finally, two useful sites for you this week.
The Electronic Frontier Foundation has a list of Top 12 Ways to Protect Your Privacy Online -- some very helpful information and links are contained in this article.
Both from Internet Legal Research Weekly by Tom Mighell
March 23, 2003
Subscribe
Legal Research Guide: Labor and Employment Law
EEO News
"Find briefly annotated news headlines pertaining to employment law issues. Topics covered include disabilities, age discrimination, equal pay, family leave, race discrimination, retaliation, religious accommodation and sexual harassment. The site offers a search feature, which appears at the top of the left-hand navigational menu."
From: TVC Alert 20 March 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/24/2003 12:01:39 PM
-----
BODY:
Pardon my absence the last two days. I am a big basketball fan and attended all 12 of the Ohio High School Tournament Games, then came home and watched the NCAA's!
While I was gone some interesting things crossed my desk. The first two are excellent resouce sites, then a good article on informative blawgs (contain some additions to my previous list), and finally a site of good Law Day material (May 1 is still a month away so you still have plenty of time to take advantage of this great opportunity for PR)
Speech and Transcript Center & Other Documents
Compiled by: Gary Price, MLIS
Gary Price Research and Library Consulting
News and Information via Streaming Audio & Video
Compiled by: Gary Price, MLIS
Gary Price Research and Library Consulting
Both from The ResourceShelf E-Mail Reminder
Week 105, March 20, 2003 on Friday, March 21, 2003
Subscribe
Blawgs: More Than Just Fluff By Robert J. Ambrogi, Law Technology News, 20 March 2003
“This column looks at some of the Web logs that may be of value to practicing lawyers. The focus is on blogs that deliver news and commentary on topics related to particular practice areas or to the practice of law in general.”
From: beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net Free weekday coverage on current issues
March 20, 2003
Subscribe
Law Day 2003
Newspaper in Education (NIE) Features for Law Day
"Just click on the URL below for four articles intended for use with your local newspapers, over a four-week period around Law Day. Each instructional feature explores a topic related to the 2003 Law Day theme, "Independent Courts Protect Our Liberties." The series shows how our system tries to ensure fair and impartial courts, a cornerstone of the rule of law.
These lessons can also be used directly by teachers in the classroom, to stimulate discussion of such topics as the historical background of independent courts, judicial review, examples of courageous judges who delivered justice in the face of hostility, and current threats to fair and just courts."
For .PDF versions:
"The following .pdfs may be printed out and distributed. If you will be reading the files on your monitor, you may need to increase your viewing magnification. Although the text may not look crisp online, the printout will be sharp and easy to read. (Note: These .pdf files contain an image rather than editable text.)
Please note that you will need to have Adobe's Acrobat Reader in order to view these files; if necessary, you can download a free copy of this program."
NIE Feature
Week 1 The Foundation for Independent Courts
Week 2 Judicial Review
Week 3 Judicial Independence in Action
Week 4 Protecting Judicial Independence
For Camera-Ready Versions - Only for use in Quark XPress, Pagemaker, Illustrator, FreeHand, and Photoshop
E-mail on 21 March 2003 from:
Charlie White
Division for Public Education (15.3)
American Bar Association
541 North Fairbanks Court
Chicago, IL 60611-3314
312/988-5732
Fax: 312/988-5494
Email: charliewhite@staff.abanet.org
--------
AUTHOR: Nancy Stinson
DATE: 3/19/2003 09:18:38 AM
-----
BODY:
Today blawg offering is pair of articles on the effects of terrorism on the courts.
A Recent Oregon Ruling Allowing Secret Warrants In Domestic Terrorism Cases May Set A Troublesome Precedent by Anita Ramasastry
U. Washington law professor comments on a recent ruling by an Oregon federal district judge, denying five suspects in a terrorism case access to the FISA court warrants that led to their prosecution. The ruling may have important Fourth Amendment implications, because FISA warrants need not be based on traditional "probable cause." In addition, this is one of the first tests of the new, revised domestic spying provisions in the post-September 11 USA Patriot Act.
The Seven Basic Myths About Military Justice: Why It's Much Fairer To Defendants Than You May Have Been Led to Think by Philip Carter
“Former Army officer and U.C.L.A. law student Phillip Carter argues that much of the debate about using military courts versus civilian courts against terrorism has been seriously misinformed. Carter counters a series of myths about military courts, and explains how, under the Constitution and laws, they really function.”
From: FindLaw's WRIT: Legal Commentary
December 16 - December 20, 2002
Issue # 123
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/18/2003 09:55:25 AM
-----
BODY:
My posts here don't stray very often into politics or international affairs, but in light of President Bush’s speech last night, I think that I will share two blogs that I have come across lately that offer more personal accounts of what is actually happening over there!
The first blog I found was by L.T. Smash (alias - borrowed from The Simpson's). He is the author of “LIVE FROM THE SANDBOX” and a U.S. military reservist currently stationed overseas as part of Operation Enduring Freedom. For obvious security reasons, he can't divulge a lot of specific information, but it's still very interesting and compelling stuff.
The other blog I have found, and my personal favorite is “Kevin Sites Blog” It is a “First-person account of a solo journalist's life on the front lines of war.” I particluarly like the personal touch of the audio posts and the inclusion of photographs.
Another non-legal site of interest is ArabNet
"Designed to serve as a clearinghouse of information about the Arab world, ArabNet is a valuable source of current news coverage, along with providing country profiles of almost every nation in the Middle East. The homepage features a Latest News section that provides hyperlinks to English-language articles offering coverage from many different media sources on topical stories within the Middle East. The country profiles will be helpful to persons seeking a brief overview of each nation, as they contain basic material on their history, geography, government, culture, government, and transportation. The site also contains brief essays on topic as diverse as The A-Z of Camels and The ABCs of Arabic Cuisine. The site also contains a search engine and the ability to sign up for email updates by entering one's email address."
From: The Scout Report Friday Feb 7th
P.S. I found many dead links and dated material, but on the whole it was informative and well worth a look, just not as good as the above blogs.
On to the legal material, “A Law Firm Marketing Nightmare “
"Spoofing the email address of a prominent Scottish lawyer, someone sent a hoax message that promised to "screw the opposition" on behalf of a client. The email ended with the name of a real lawyer, his phone number and email address."
TVC Alert 12 March 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/17/2003 09:55:44 AM
-----
BODY:
Happy St. Patrick’s Day!
Fact Sheet: St. Patrick's Day
Facts about Irish Americans and related topics. (eg. "9 places in the United States share the name of Ireland's capital - Dublin. Dublin, Ohio, was the most populous, at 31,392, followed closely by Dublin, Calif., at 29,973.)
ResourceShelf Post By Gary Price
Subscribe
Is it Appropriate, Under the Constitution, For State and Local Governments to Weigh in on the War on Terror and a Possible War with Iraq?
By Vikram David Amar
From the article: “What role do state and local governments have, if any, in shaping American policy on the war on terror and the impending war with Iraq? This fundamental question lies at the core of a movement that has swept across America in recent months.
During this period, state houses, city halls, and even school boards have entertained proposals to register their views on foreign affairs and the war on international terrorism. Many of these proposals have been adopted.
Are these actions appropriate? Or should state and local government simply stay out of these areas?
The vision of federalism I just offered values States not just for the particular policies they may adopt, but also more generally for the alternative vision of good government that they may define and advance. In a real sense, a state government - through its legislative decisions and agenda - expresses a philosophical message that is different from that being expressed by other states or the feds.
Fine and good, some may say - but not when it comes to foreign affairs. That is precisely the arena where we cannot tolerate multiple messages. To the contrary, it is the sole place where we need to "speak in one voice."
I don't think that is true. As my older brother, Akhil Reed Amar, pointed out in the Washington Post in 2000, "taken literally, [the one voice argument] offends the very basis of our system of government. Americans emphatically do not speak with one voice. Individual Americans are free to [speak out on foreign affairs]. States, too, must be free to speak out. This vital point was established early in American history, when the Virginia and Kentucky legislatures famously spoke out [in words written by James Madison and Thomas Jefferson, respectively] in 1798 against federal policies penalizing France."
Much more at the site that is well worth reading on this potentially historic day.
From: FindLaw’s Writ, 7 March 2003.
21 Rules for lawyers
How to Succeed as a Lawyer, was written by a father who wanted to offer his son guidance on how to practice law. The father was clearly a wise man. And the son was a fortunate one.
From: Ernie the Attorney: searching for truth & justice (in an unjust world) March 14, 2003
From the ABA's elawyering webzine, Best Practice Guidelines for Legal Information Web Site Providers. The guidelines were approved by the House of Delegate and updated on March 11.
From: beSpacific - Accurate, focused law and technology news. By Sabrina I. Pacifici - bespacific@earthlink.net
March 14, 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/14/2003 09:56:54 AM
-----
BODY:
TGIF – It has been a long week in Ohio, we are still waiting for all the snow to melt and see our little crocuses pop through the dirt! Maybe it will happen this weekend – I am an optimist.
Let us start our day with a little legal humor from Daniel Strigberger’s Legal Humor News
BEAM ME UP IN NEW MEXICO
“A New Mexico lawmaker has proposed having the state honour all extraterrestrial beings with a special day that will 'celebrate and honour all past, present and future extraterrestrial visitors' to New Mexico. Extraterrestrial Culture Day would be held the second Thursday of February and would honour space travelers from other worlds and even give a nod to creatures made famous in movies.”
Proposed legislation and the original story at CNN.com
On the slightly more serious side, how long is a “forthwith”?
RULE 11: Federal Circuit Affirms Reprimand for DOJ Attorney for Misleading Quotations of Law
“In a lesson to motion writers everywhere, the Federal Circuit affirmed the reprimand of a U.S. Department of Justice lawyer, under a rule identical to Federal Rule of Civil Procedure 11, for misleading omissions in a brief.
Precision Specialty Metals, Inc. v. United States, 315 F.3d 1346 (Fed. Cir. Jan. 13, 2003). What the court called the "doctored quotations" dealt with the meaning of the term "forthwith." It probably didn't help the lawyer's cause that the term was used in an order denying her an extension to respond to a summary judgment motion and ordering the filing of a response "forthwith."
The lawyer had initially moved for a 30-day extension to answer a motion for summary judgment. The court denied the extension and ordered the lawyer to file the response "forthwith." Twelve days later, the lawyer filed the response.
The court struck the response and granted the other party a summary judgment. In a motion to reconsider this order, the DOJ lawyer omitted one of two sentences and a citation from a quotation in a parenthetical following the citation of a decision. She also omitted a reference to a specific statute from a Scalia dissent. The trial courtreprimanded the lawyer, and the Federal Circuit affirmed, holding that the omissions violated Rule 11.”
From: “Ethics and Lawyering Today: Practical Information for Practicing Lawyers.” Volume 3, Number 2. (electronic newsletter) by William Freivogel and Lucian Pera. Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/13/2003 10:09:44 AM
-----
BODY:
Today's blawg contains some websites that I think you will find interesting and useful.
Bankruptcy Bonanza
"Accessing Bankruptcy Court filings through PACER is not exactly difficult, but it is not exactly user-friendly either. What if you just want to do a quick check across several jurisdictions? How about all jurisdictions across the country simultaneously? If these more complex bankruptcy searches interest you, so too will BankruptcyClearingHouse.com. Updated daily, BankruptcyClearingHouse.com is a new Web resource that provides access to current and historical bankruptcy data across all jurisdictions. Among its many features, when you locate a case in which you need to file a Proof of Claim, one click places the entire requisite filing information into a PDF file. You can also save your Proofs of Claim online, ready for you to access and use again should the need arise. BankruptcyClearingHouse.com provides two pricing options -- an "all-you-can-eat" option costs $50 per month, and a "pay-as-you-go" option costs $1.00 per search plus $0.50 per detail." To learn more
From TechnoLawyer’s NewsWire March 12, 2003
Subscribe
Kroll OnTrack Law Library
"Kroll OnTrack, a technology forensics consulting firm, offers a small collection of resources. These include a glossary of technical terms, a list of briefly annotated court decisions on electronic discovery and computer forensics issues, articles about electronic discovery and computer forensics and information about related court rules and statutes for a few jurisdictions."
From TVC Alert 6 March 2003
Subscribe
Legal Scholarship Network
"Formed to facilitate the distribution of scholarly information, the Legal Scholarship Network (LSN) provides access to the Social Science Research Network's database of article abstracts. Search the database, or browse a list of legal sources covered, which also provides access to the table of contents for current issues. Look for the download document button, which appears at the end of an abstract, to find a link to the full-text of the published paper. LSN is part of the Social Science Research Network."
From: TVC Alert 10 March 2003
Subscribe
New Freedom Initiative
"The Department of Labor recently launched this program to promote the employment of Americans with disabilities. The Web site offers frequently asked questions (FAQs) for workers and employers, fact sheets and more. Some documents available include information about compliance checklists for hiring those who are disabled, ADA (Americans with Disabilities) workplace requirements, tax-related issues, and how to serve the disabled community in sales and service environments."
From TVC Alert 12 March 2003
Subscribe
Employment Law Guide
"The Department of Labor offers an Employment Law Guide, which covers wages and hours, safety and health standards, health benefits, work authorization, federal contracts and more. Sections link to relevant federal statutes and regulations, and provide an overview of basic provisions and requirements."
From TVC Alert 12 March 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/12/2003 09:14:31 AM
-----
BODY:
This Day in Law - March 12
"On March 12, 1993, Janet Reno was sworn in an as the first female US Attorney General. Learn more about Janet Reno from the US Department of Justice Attorney General's website as it stood on November 9, 2000."
From: The Paper Chase 12 March 2003
For Lawyers, Busy = Attractive
"For lawyers, the scarcity principle states: the more time you have available in your schedule, the less prospects and clients value your services. But as you grow busier and have less time available, prospects and clients see your services as increasingly more valuable."
"The scarcity principle goes further, too, because as you and your services grow more scarce, people use your availability as a shortcut cue to their quality. They draw two conclusions: The busier you are, the more valuable you are. And the busier you are, the higher the quality of your services and skills."
"Scarcity is an even stronger motivator when two things occur:
(1) when the opportunity has only recently become scarce
(2) when we compete with others for the scarce commodity"
"Here's the key: When you inject scarcity into your prospects' decision to hire you, prospects feel they need to act quickly, before they lose the opportunity.
Seven ways to profit
Here are ways you might profit from scarcity when talking with prospects and clients:
1. Explain that your prospect will lose the opportunity to file suit because the statute of limitations will bar his claim.
2. Explain that your prospect may lose the opportunity because of a pending change in the law.
3. Explain that your prospect may lose the opportunity to buy (anything) at the current price because of an imminent price increase.
4. Explain that your prospect is competing for this opportunity with other people -- and that if he doesn't act quickly, someone else may seize the opportunity, leaving him with nothing.
5. Explain that your prospect has a limited time to act or the other party will withdraw the offer.
6. Explain that your appointment calendar is tight, but that you can meet with a prospective client at a particular time and date.
7. Explain that your client roster is nearly full, but that you can make room for one more client based on your current caseload.
"If someone asks whether you're busy, don't say, "Well, I'm killing time waiting for clients to walk in the door." Prospects hearing that statement would immediately conclude that your services aren't worth much." Instead, you might say, "I've never been busier." "My calendar is full." Or, "I have so many clients, I've started to work nights," -- unless you own the firm. Then working nights is nothing new."
"In summary, explain how an opportunity is scarce -- and why your prospect should act now. When possible, point out that only recently has the opportunity become scarce -- and that your prospect is competing head-to-head with others seeking the same opportunity."
"In many cases, scarcity will provide the urgency your prospect needs to hire you or take the action you recommend."
From: Ryder, Trey. “Make Yourself Scarce and You'll Attract More Clients” The Law Marketing Portal. 24 Feb 2003. Law Firm Marketing Institute. 12 March 2003.
Mentioned in FindLaw's LAWYER MARKETING NEWS: Marketing for the Legal Sector in the 21st Century, March 2003 Issue # 30
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/11/2003 09:07:29 AM
-----
BODY:
I am truly embarrassed. In my usual Monday morning fog, I forgot to feature International Women’s Day, which was on March 8th.
For a good background of its history, go to The International Women’s Day website for “A History of International Women's Day in Words and Images” by Joyce Stevens
Other resources include:
The National Women’s History Project
American Women's History: A Research Guide - Women in Law
Women Entrepreneurship in the 21st Century
"...a new Web site to help businesswomen effectively and efficiently access federal government resources." Learn More.
Poster by G. Price at The ReferenceShelf Wed. 5 March 2003
--------
AUTHOR: Nancy Stinson
DATE: 3/10/2003 10:28:22 AM
-----
BODY:
Happy Monday to you all!
I know that from time to time all of us have been tempted to do physical harm to our computers upon seeing the “blue screen of death” one too many times, but don’t do it!
INCENSED COMPUTER OWNER SHOOTS HIS LAPTOP
"The owner of a Sportsman's Bar and Restaurant in Colorado shot his laptop computer four times, as customers watched, after it crashed once too often. He was jailed on suspicion of felony menacing, reckless endangerment and the prohibited use of weapons." [AP – Yahoo]
If you have time these are fun too.
MAN ESCAPES HOUSE ARREST FOR ICE-CREAM
MAN’S SUICIDE ATTEMPT PUT ON THE ROPES
MAN ROBBED TWICE IN FIVE MINUTES
INDIAN STATE TRIES TO COVER NUDE WORSHIPERS
UK MILITARY CALLS-UP 80-YEAR-OLD TO FIGHT
UK TRAFFIC WARDEN TICKETS BUS AT BUS STOP
From: LEGAL HUMOUR NEWS – March 5, 2003
Compiled Weekly by Daniel Strigberger
Subscribe
On a MUCH more SERIOUS note, the following excerpt is from Patrick Douglas Crispen’s TOURBUS Volume 8, Number 41 -- 15 Feb 2003
“I'd bet anything you've never heard of Andrew Grygus or his company Automation Access. That's about to change. Back on February 23rd, Grugus posted an editorial titled "2003 and Beyond -- Technology trends that will affect your business and how you do business." You can find Grygus' editorial on the Automation Access site at:
http://www.aaxnet.com/editor/edit029.html .
Predicting the future is almost always a fool's errand [flying car, anyone?] But, using research and news articles from hundreds of different sources, Grygus wrote an 50+ page editorial that offers an in-depth, ten year look at information technology in general and Microsoft in specific." As Gryus notes,
‘This article is a guide to trends that are already in full motion and well known by technology specialists, but are far from obvious to most business managers.’
"I take exception with Grygus calling "2003 and Beyond" an article. It isn't an article, it's an editorial. Granted, it's an exceptionally well researched editorial [the bibliography is *ELEVEN* pages long], but it's an editorial nonetheless. Grygus adds that
‘Much of this article deals specifically with Microsoft and Microsoft's future. This is inescapable, because Microsoft is a huge part of the information industry - and aspires to being all of it.’
"And therein lies the problem. The last seven words of that quote show that Grygus isn’t particularly a lover of Microsoft, and he allows his anti-Microsoft, pro-Open Source/UNIX viewpoint to seep into his "article" from time to time. In more than one place in his editorial, Grygus is long on accusation and short on substantiation."
"All that aside, Grygus' "2003 and Beyond" is one of the most important things I have read in a LONG time. It's no "Crime and Puzzlement," mind you, but "2003 and Beyond" does give a frightening and eye-opening look at Microsoft's public plans over the next decade."
Here is a small example of why I think Grygus' 50+ page editorial is a must-read:
‘The successor to Windows XP (due in 2004, and rapidly slipping to 2005) is currently code named Longhorn, and it will not be compatible with your existing software, hardware or methods. Microsoft has already stated that backward compatibility will not be a design feature.’
Here's another one:
‘Office 2003 and Windows Sever 2003 will include a Rights Management Services feature for document security. ... If Microsoft can convince businesses to use this feature, Office 2003 documents will be completely unreadable by OpenOffice / StarOffice, WordPerfect Office, Lotus, and by all older versions of Microsoft Office, forcing a total upgrade of Windows, Office and the computers it runs on.’
"If your reaction to either of these quotes is "whoa!" -- or if you are in ANY way, shape, or form involved with computers and information technology -- you NEED to take an hour out of your day and read Andrew Grygus "2003 and Beyond".
"Regardless of whether you agree with Grygus' anti-Microsoft rhetoric and conclusions, I promise that "2003 and Beyond" is an eye-opening editorial."
From: TOURBUS Volume 8, Number 41 -- 15 Feb 2003
By Patrick Douglas Crispen
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/7/2003 10:57:23 AM
-----
BODY:
Friday seems a good day to put forth some information on lawyer blawging. Sabrina I. Pacifici’s blawg “beSpacific” yesterday contained the following two interesting articles and TVC Alert adds two more!
If Bork Had Blogged: The Opportunities and Dangers of Lawyer Blogging
By David Maizenberg, Esq.
FindLaw's Modern Practice
March 2003
“Imagine if Bork had blogged. We would have seen those writings dissected on television, and presumably they would have provided meatier ammunition than excerpts from scholarly works. And altering or deleting old pages may not be enough. You never know what archiving systems (such as www.archive.org) might be storing. I discovered this to my chagrin recently when I located pages of old websites and Internet products I had worked on years ago and that I thought were lost forever.” (Amen, this medium can certainly humble a person quickly, when one looks back at earlier works!)
“As creating and maintaing blogs becomes easier and more routine, slips will inevitably occur (think of all the email horror stories you've heard). Because blogs live in this peculiar space that is in between the personal and the professional, it is just too easy to post-and-forget.”
“And as blogging becomes even more popular, more and more questions will arise. For example, can blogs be cited, like extemporaneous notes, as evidence of one's state of mind or knowledge on a particular date? And in the patent law context, could blogging about a particular technology be construed as evidence of knowledge of prior art? In the small law firm context, blogging is an especially useful publicity tool. All the firm's lawyers can post to the firm's blog and build it up to be a real destination for readers. But what if the firm breaks up? Who owns the blog name? How about the archives? Was it all work-made-for-hire to the firm?”
From: beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net
Free weekday coverage on current issues
March 06, 2003
And… “In Interview with Bloggers, Director of the Oklahoma Bar Association Management Assistance Program Jim Calloway discussed blogs with two expert techie attorneys and I am pleased to say, colleagues; Dennis Kennedy and Tom Mighell.
From: beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net
Free weekday coverage on current issues
March 06, 2003
“Should Legal Professionals Tune in to Blawgs?” TVC Alert 5 Feb.03
“In reading through the host of articles concerning the growth of weblogs over the last few years, I am struck by the continuing theme of individuals searching for ways to integrate the weblog concept into a business model and purpose. In the legal vertical at this point, there appear to be at least four distinct categories of potential uses for the all of the content generated by the blawg community.”
1. Research
2. Gaining New Clients
3. Supporting Existing Clients
4. Marketing Lawyer Expertise
Bill Gratsch’s next four blogs go into further detail on each of these uses for blawgs.
From TVC Alert 5 February 2003
Subscribe
See also net.law.tools "There are reasons to be cautious about blogs as knowledge management and marketing tools, but even more reasons to be excited."
--------
AUTHOR: Nancy Stinson
DATE: 3/6/2003 12:02:28 PM
-----
BODY:
Control Technology Before It Controls You
"Dylan Tweney recognizes that the problem of information overload is approaching a critical point. He draws interesting analogies between the current work world and mathematician John Nash's life as portrayed in "A Beautiful Mind." What were all those magazine and newspaper pages with marks and other highlighting plastered to the walls of Nash's office, if not "a weblog in physical form!"? Fun analogies aside, Tweney poses a serious question: How can we control the technology that gives access to all this information before it controls us?"
From: TVC Alert 24 January 2003
The Virtual Chase
Subscribe
Kroll Ontrack Case Law Newsletter
"Computer forensics consulting firm Kroll Ontrack Inc. offers a free monthly newsletter, which provides current news about court decisions, technology, rules of evidence, and other issues pertaining to electronic evidence. A Minneapolis-based firm, Kroll Ontrack provides services for legal professionals, federal agencies and corporations, including data-recovery, evidence collection, electronic discovery, expert testimony, and secure chain-of-custody procedures."
From: TVC Alert 27 February 2003
The Virtual Chase
Subscribe
Is Voicemail Discoverable?
Ever given that a thought?? "[D]igitized voicemail and the technology that threatens to make it as permanent and accessible as e-mail" presents the next electronic discovery challenge."
Interesting reading!
From: TVC Alert 21 November 2002
The Virtual Chase
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 3/5/2003 09:35:37 AM
-----
BODY:
Inexpensive Options to Create PDF Documents
“This article reviews two applications, RoboPDF 2.0 ($50) and pdfFactory($50), that offer a low-cost alternative for attorneys currently using Adobe to create database repositories of documents. “
From the article:
“Both are also available to download in free, time-limited trial versions.”
”If your primary concern is securely transmitting sensitive documents that you want the receiver to be able to print in optimum quality, RoboPDF is clearly the better choice because you don't have to pay extra for the security features.
But if you're creating PDFs for publishing at Web sites, pdfFactory, with its bookmark functions and greater flexibility in handling fonts is a better bet.”
From: beSpacific - Accurate, focused law and technology news. By Sabrina I. Pacifici - bespacific@earthlink.net. Free weekday coverage on current issues. March 04, 2003
Subscribe
Also from Sabrina:
Law Firm Leverages E-Documents
From the March 2003 issue of AmLaw Tech, this article on a customized electronic discovery application called Patterns, developed for Preston Gates, is described as "a search engine on steroids."
"Court Documents: Will They Age Well?"
From the article, "Given the appeal of replacing paper with pixels, legal professionals are looking for a way to alleviate concerns about antiquated technology and multiple jurisdictions with multiple platforms. The solution? Advisory committees are considering different formats for use in creating a solution to the law student's Night of the Living Floppies -- a national standard for electronically archived documents."
“The Law Student's Night of the Living Floppies”
"Here is a true story, torn from the pages of legal life in late 20th century America: An attorney in the mid-1990s sent a summer associate to a client's office to copy computer files. The lad arrived bearing 3 1/2-inch disks, expecting a quick job followed by the law firm's happy hour. To his horror, the client's computer was a technological old-timer that accepted 5 1/4-inch floppy disks. A five-minute job became an afternoon-long ordeal of contacting computer vendors and bringing in an external drive. The point: Technology morphs madly. Today's wonder is tomorrow's quaint collectible."
From Gary Price at The ResourceShelf Thursday, February 13, 2003
--------
AUTHOR: Nancy Stinson
DATE: 3/4/2003 10:33:17 AM
-----
BODY:
Gun Database Causes Law Enforcement Controversy
“The San Francisco Chronicle reported on February 28 that Attorney General Ashcroft has threatened to prosecute California law enforcement officials who continue to access three government databases, the National Instant Criminal Background Check System (NICS), the National Crime Information Center and the Interstate Identification Index, to track illegal gun owners.”
“The Chronicle states that 'Federal authorities believe the list of convicted felons, drug dealers, suspected terrorists, spouse beaters, illegal immigrants and others should only be used to help gun dealers determine if someone is allowed to buy a gun, not police investigating other gun-control violations.' And 'If U.S. authorities deny access to some of the FBI's computers, state officials believe they will be forced to return guns to violent criminals. Thousands of background checks would be prohibited every year, state officials said.' Because the 'state uses the system to conduct background checks for the gun dealers but also to determine if a confiscated weapon should be returned or if someone has a large number of illegally owned firearms.' ”
"The California law enforcement officials are permitted to use 2 of the 3 national databases. But say that it is important for them to have access to the NICS because “The NICS-only information includes the names of illegal immigrants, possible terrorists, people classified as mental defectives or who have renounced their citizenship, people dishonorably discharged from the military, and convicted drug addicts or dealers.”
From: beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net
Free weekday coverage on current issues
March 03, 2003
--------
AUTHOR: Nancy Stinson
DATE: 3/3/2003 11:25:43 AM
-----
BODY:
After a very nice weekend we are once again facing an Arctic blast, the thermometer now registers a big fat four degrees!
I think we should begin Monday with a bit of humor, from Marcel Strigberger’s “LEGAL COMMENTARY”
"Great news this week. We have all been waiting for this piece of legislation. The Nevada Assembly has made it legal to shear sheep inside Carson City’s city limits.
For years now people who wanted to shear sheep inside Carson City had to do it surreptitiously. Sheep shearing aficionados would gather behind a mall or in a remote area of some large park to indulge in their avocation. Sometimes they would even meet right inside a large casino. After all, the police would never suspect that any casino would condone fleecing. But it was simply not the same, having to shear sheep with your eyes looking back over your shoulders. There was always the concern that some cop would catch you by surprise and cry “sheep”.
Over the decades there was much resistance against legalizing sheep shearing. The conservative legislators argued that sheep shearing was an addiction. In fact a small group of shearers even formed an organization called the Sheep Shearers’ Anonymous. Those in power also were concerned about the effects unfettered sheep shearing might have on the children. One municipal councillor Zeke Small used to say, 'If the children wear a woo[l]len sweater it’s one thing. But sooner or later they might ask where the wool comes from. As parents we must act responsibly.' Nevada public schools in fact never offered sheep shearing education.
The legislation is only in bill form for now and it needs Senate approval. But it is great to know that the state of Nevada has finally come into the 21st century on this issue. Nevada having taken its time in passing this legislation after most states have done so certainly can’t be accused of blindly following the other states like - well you know."
See “Nev. Moves to Repeal Sheep-Shearing Law”
From LEGAL HUMOUR NEWS – February 26, 2003
Compiled Weekly by Daniel Strigberger
Subscribe
On the serious side...
"Can An HMO Be Sued For Medical Malpractice Based On Its Coverage Decisions? A Recent Federal Appeals Case Says Yes." By Anthony Sebok
"Brooklyn law professor Anthony Sebok discusses an issue that has become all the more pressing in this era of HMOs: Can an HMO ever be sued for medical malpractice on the theory that it acted like a doctor when it made a particular coverage decision? Sebok dissects the logic of a recent decision by the U.S. Court of Appeals for the Second Circuit that addressed this very question."
From: FindLaw's WRIT Legal Commentary
February 23 - February 28, 2003, Issue #133
Subscribe
On the more practical side…
Do you know that the Adobe Acrobat Web site allows you to capture Adobe .pdf documents as html documents? You can download Acrobat documents and do with them as you will with your word processor. It does not work with forms, of course, and it sometimes scrambles a paragraph or two, but for general .pdf documents it is great. And best of all there is no learning curve other than remembering to copy the URL of the .pdf document since you will need to paste this URL into the Adobe conversion Web page. It is a good idea to print out the pdf version first so you can compare it with the conversion document to be on the safe side.
From TechnoLawyer’s Fat Friday February 28, 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 2/28/2003 09:33:34 AM
-----
BODY:
Once again, I am ending this week with a profile from the ABA program
Raising the Bar: Pioneers in the Legal Profession
Black History Week 2003
This week we are profile Damon J. Keith.
"Damon J. Keith is Senior Judge on the U.S. Court of Appeals for the Sixth Circuit, based in Detroit. During his distinguished career, he has served as a public servant, lawyer in private practice, civil rights activist, and jurist. When he received the ABA's Thurgood Marshall Award in 1997, he was lauded by Individual Rights and Responsibilities Section Chair Leslie Harris:
"Judge Keith represents the best in the legal profession. His work reflects incisive analysis of issues, principled application of laws and the Constitution, passionate belief in the courts' role in protecting civil rights, a commitment to community service and, most significantly, an independence of mind to do what's right that is at the core of professional responsibility. There is no better role model today for lawyers and law students seeking to work for equal justice."
Read more interesting details of Keith’s career
Today I have a couple of links that I think would be good for your firm’s web page.
The first is: “IRS Updates the ‘Dirty Dozen’ for 2003: Agency Warns of 12 Common Scams”
From TVC Alert 28 February 2003
Subscribe
The second is the “New Homeland Security Website”
"Terrorism Forces Us to Make a Choice, Don't Be Afraid, Be Ready." This is the introduction to the new website launched by the Homeland Security Department, called Ready.gov.
The site provides information in three main areas: Make a Kit of Emergency Supplies, Make a Plan, and Be Informed , which covers how to respond to threats from biological, chemical, explosions, nuclear blast and radiation.“
From: beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net
Free weekday coverage on current issues
February 19, 2003
--------
AUTHOR: Nancy Stinson
DATE: 2/27/2003 09:28:48 AM
-----
BODY:
I doubt this applies to any of YOU, but it is good to know…
EXPERTS: OFFICE LIAISONS TROUBLE
By Jeff Scullin of The Ledger (Lakeland, FL)
“Whether in private industry or government, whether an official policy exists or not, experts this week said a basic premise of good management is that supervisors don't sleep with the people who work for them.
Rules forbidding managers from dating their subordinates are common for many private companies, which are loath to hamper productivity or expose themselves to legal risk because of employees' personal relationships.
Such rules, known as fraternization policies, are less common for public servants -- even elected officials, such as [Florida's 10th Circuit's] Chief Circuit Judge Charles Curry, who this week acknowledged an ongoing relationship with his judicial assistant, Cynthia Cooley.”
A Great Idea That I Hope Gets Some Attention!
MAKING ROOM FOR MOMS
By KRISTI L. NELSON
Knoxville News-Sentinel
“As part of a multifaceted plan to improve women's health as well as the health and happiness of UT Medical Center workers, the medical center five months ago began providing a lactation room for its employees. About 20 mothers currently use the tiny, softly lighted room, which contains a desk, telephone, shelf with resource material, clock and hospital-quality breast pump. The door locks, and a slide notation tells those outside when the room is in use . . . It's a logical move, then, for those in the business of health care to make, but for the same reasons, it would be logical for other businesses as well. So why aren't more of them moving on it?”
From: FindLaw's THE PRACTICE PAPER, Edited by Joel R. Zand, Esq.
A Resource For Solo Attorneys and Small Law Firms
http://www.findlaw.com
February 26, 2003, Issue # 123
Along the same lines, FindLaw offers: “Lawyers With Kids Board: A message board for lawyers with kids.”
From: FindLaw's THE PRACTICE PAPER, Edited by Joel R. Zand, Esq.
A Resource For Solo Attorneys and Small Law Firms
http://www.findlaw.com
February 26, 2003, Issue # 123
--------
AUTHOR: Nancy Stinson
DATE: 2/26/2003 10:21:20 AM
-----
BODY:
BEWARE Blackberry-Dependent Lawyers
Alternatives to the Blackberry
Forbes offers worried Blackberry users a review of alternative products which may come in handy in light of the current legal battle underway between Research In Motion and NTP.
From: beSpacific - Accurate, focused law and technology news
By Sabrina I. Pacifici - bespacific@earthlink.net
"Free weekday coverage on current issues"
February 25, 2003
“The Law in Harry Potter: A System Not Even a Muggle Could Love” is the lead article of the current University of Toledo Law Review (Vol. 34, Number 2).
At first glance it appears to be an entertaining look at the novels through the eyes of a law professor as the authors scholarly discusses the governing structure, criminal law and human rights of the magical world of J.K. Rowling. But near its conclusion the authors get to the serious point of their piece, “Rowling has created a legal system without lawyers and the result is a Kafkaesque nightmare in which the individual is often helpless.” And “Harry Potter reminds us, through their absence, what lawyers do and why they are important.”
“Harry Potter presents important social issues to its audience… its stories are set in a world with flaws and dangers for children and adults to experience and to think about.”
Come in, sit back and enjoy an interesting and entertaining article!
--------
AUTHOR: Nancy Stinson
DATE: 2/25/2003 09:29:27 AM
-----
BODY:
GET 'EM WHILE THEY LAST
“February 24, 2003, marks the 200th anniversary of the Supreme Court's first great case, Marbury v. Madison. This case established the power of judicial review: "It is emphatically the province...of the judicial department to say what the law is," Chief Justice Marshall wrote in his opinion for the Court.
In commemoration of the anniversary, the ABA has produced a brief, free guide to the case for students and the public. The eight-page booklet, which was included in the 2003 Law Day Planning Guide, looks at the facts of the case, the decision, and the case's historical legacy. It also includes teaching strategies for several grade levels and for community education.
Marbury is central to our history and structure of government, and it's also very relevant to this year's Law Day theme of "independent courts protect our liberties." To get free copies of the guide, simply call 800-285-2221 and ask for product code 317-0355. Supplies are limited.”
From: E-mail from Charlie White, Division for Public Education, American Bar Association (Feb. 24, 2003 3:43PM)(copy of file with the author)
Microsoft's Digital Rights Management Plan
“On February 21, Microsoft announced the Windows Rights Management Services For Windows Server 2003. The company also released a white paper, Microsoft Rights Management Solutions for the Enterprise: Persistent Policy Expression and Enforcement for Digital Information, that details new digitial rights management applications for the Windows OS. According to Microsoft, they have "combined and extended rights management technologies developed for use with music, eBooks, and videos to help safeguard enterprise information." The Herald reports that implementation of the Windows Rights Management Services will raise the level of corporate monitoring of computer generated documents, and have a significant impact on how internal corporate documents and e-mails are used, disseminated, stored and purged. The software can "restrict who may view, copy or forward e-mails or sensitive information" and "can automatically delete files after they reach a certain expiration date." See also CNet's article, Microsoft expands rights management tool, which highlights how a range of rights to documents within an organization can be established and closely regulated according to specific users, so as to ensure confidentiality and security.”
From: beSpacific - Accurate, focused law and technology news
http://www.bespacific.com
By Sabrina I. Pacifici - bespacific@earthlink.net
Free weekday coverage on current issues
February 24, 2003
Subscribe
The ABA Law Practice Today Webzine inaugual issue is out.
Headlines included are:
Marketing
A Continuing Discussion Of Law Firm Marketing On The Internet
Be It Resolved: Generating Business in 2003
Strategic Planning - Pitfalls to Avoid
Finance
Cash Versus Accrual Financial Reporting
Responsible Leadership / Financial Management Savvy
Management
Your Law Firm: A Vehicle for Entrepreneurial Success
How Jill (and Jack) Got Nimble
Training & Developing New Lawyers
Technology
Systematic Discovery and Organization of Electronic Evidence
From: net.law.blog: Internet Tools For Lawyers Wednesday, February 19, 2003
--------
AUTHOR: Nancy Stinson
DATE: 2/24/2003 10:31:52 AM
-----
BODY:
Snow, snow and more snow! So what else is new?
Two interesting labor law and information sites
elaws "The U.S. Department of Labor offers this interactive tool for finding information about federal employment laws. Browse the site by keyword or by category (e.g., employee, employer). Each keyword links to an "advisor" that provides information about specific federal laws. The keyword, parental leave, for instance, links to the advisor on the Family and Medical Leave Act. The advisor provides an overview of the law, questions and answers, and then links to the text of relevant statutes and regulations."
AgeRights.com "This law firm Web site offers commentary, case summaries, a glossary, and more on the topic of age discrimination in employment. Case summaries cover the U.S. Supreme Court and 6th Circuit Court of Appeals. The glossary includes employment law terms."
From: TVC Alert Feb 10 2003
--------
AUTHOR: Nancy Stinson
DATE: 2/21/2003 09:27:30 AM
-----
BODY:
Once again, I am ending this week with a profile from the ABA program
Raising the Bar: Pioneers in the Legal Profession
Black History Week 2003
This week we profile Gabrielle Kirk McDonald
“Gabrielle Kirk McDonald's distinguished career has spanned the globe. She has served as a civil rights lawyer, a law professor, a federal judge, and the president for the International Criminal Tribunal for the former Yugoslavia. In all these roles McDonald has shown a passion for justice and has used the rule of law to combat injustice. As she has explained, ‘I believe in the rule of law not just intellectually. It's visceral for me. It's in my heart and soul…it's what protects people from anarchy.’”
Read more about Gabrielle Kirk McDonald
From: White, Charlie. “FW: Black History Month Feature.” E-mail to the author. 6 Feb 2003
Do your colleagues seem ruder these days? Incivility Among Lawyers On the Rise
Carolyn Elefant writes: Do your colleagues seem ruder these days? You're probably not paranoid...49 percent of participants in a recent survey responded that civility among lawyers nose-dived and 37 percent said there was no change as reported in Incivility Among Lawyers Spikes, by Stephen Van Drake, South Florida Business Journal (2/14/03). And according to the article, no change means trouble, too, since the American Bar Association red-flagged the problem 12 years ago.
The article identifies four areas of incivility:
(1) concealing smoking guns and playing games in discovery;
(2) staging "deadline fax attacks," i.e., sending materials at the very last minute possible to limit opposing counsel's time for response;
(3) burying adversaries in paper (the article singles out large firms, in particular, as frequent proponents of this "uncivilized" strategy) and
(4) trash talking in opening and closing arguments, aspects of trial where lawyers traditionally have broad leeway but have gone to such extremes that they've made judges uncomfortable with the propriety of the statements.
Are these good examples of "incivility" - or are they simply part and parcel of being a "zealous" advocate?
From: My Shingle 19 Feb 2003
--------
AUTHOR: Nancy Stinson
DATE: 2/20/2003 09:52:28 AM
-----
BODY:
Bad News, Good News!
Bad News:
If you are an Ad-aware (a program that rids your computer of spyware) user, you may want to do a thorough scan of your hardware. For the last “FIVE MONTHS that LavaSoft didn't release any new reference file updates, LavaSoft (maker of Ad-aware) left their unsuspecting customers unprotected against dozens of the newest spyware programs infesting the Internet.”
"To uninstall Ad-aware 5.X in Windows 95/98/98SE/ME, just go to Start > Settings > Control Panel > Add/Remove Programs. In XP, go to Start > Control Panel > Add or Remove Programs. You should see an entry for Ad-aware and also one for RefUpdate 2.0 (the program that updates Ad-Aware's reference files.)"
"Uninstall both programs. But if it doesn't say "Ad-aware" or "RefUpdate," DON'T UNINSTALL IT. You'll probably see lots of similarly named programs in Add/Remove programs, but the ONLY ones you want to remove are Ad-aware and RefUpdate."
Good News:
Now that the old Ad-aware is gone from your system, you have a choice: download and install the new version of Ad-aware or download and install a competitor's product.
If you choose the latter, check out The LangaList, Standard Edition, 2003-01-13. Fred Langa has been following the whole Ad-aware situation quite closely and has found some excellent anti-spyware tools, some which are free and some which aren't.
Downloading the New Ad-aware
"Ad-aware 6 is a decent product. The question is, are you willing to overlook the past reference file update problems?
If you *DO* decide to download and install Ad-aware 6, your best bet is to download it from Download.com."
Just click on the green "Download Now" button on the left side of the page. The new Ad-aware 6.0 is 1.45 Mb in size, so be patient. Just follow the on-screen prompts to install and then run Ad-aware. You will probably be amazed at how much spyware you have picked up in the months that LavaSoft has been ignoring you!
From: TOURBUS Volume 8, Number 41 -- 16 Feb 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 2/19/2003 10:38:48 AM
-----
BODY:
Before our last set of practical blawgs, I offer you this...
“Fur better or fur worse”
(Filed: 16/02/2003) with news.telegraph.co.uk
"The custody battles are fiercely contested and often bitter as couples fight for the most important things in their lives: their pets. Quentin Letts reports on the rows over dogs, cats and, in at least one case, a frog."
“The film star Michael Douglas, before marrying Catherine Zeta-Jones, did a deal with his ex-wife on their ocelot. Meanwhile a divorce court judge in Dallas, Texas, found himself peering down at a 6lb chihuahua called Missy. Missy originally cost £155 but the legal fees from her pet custody battle came to £10,000."
"There was bitter anguish in Aberdeen last year over the ownership of a rottweiller/boxer cross called Max whose owners decided that they liked one another a great deal less than they did Max.”
“Can these people be real? Can they really get so worked up about mere animals? You might laugh but they are, indeed, deadly serious. Some pet owners love their animals more than children. Pets do not grow up and leave home. Their love is silent and less complicated.”
“Pet custory battles are, at present, more common in America than they are here. Several law firms in the US make big money out of animal adoption agreements, pre-nups - or perhaps that should be 'pre-pups' - the drafting of visitation rights and pet-related financial bequests."
"Pet lawyers advertise their services with headlines such as ‘Don't take Buffie too!’ and ‘You get the car, I get the cat’.”
Just a thought if you are a young lawyer looking for a specialty or an experienced lawyer looking for a change.
From: LEGAL HUMOUR NEWS – February 19, 2003
Compiled Weekly by Daniel Strigberger
Subscribe
And now the last of the practical blawgs…
Tech Law Advisor A blog devoted to copyright, trademark, parody, fair use and technology legal issues, from Kevin J. Heller, a lawyer with Manhattan's Gursky & Ederer. From the site I found a link to “Web Watch: Blawgs: More Than Just Fluff” by Robert J. Ambrogi at Law Technology News that has a more inclusive list than this of blawg worthy of your time.
Tillers on Evidence Postings are infrequent on this blog by Cardozo Law School Professor Peter Tillers, but he promises to begin adding portions of an evidence book he is writing. Check out his Thursday, January 09, 2003 post, ”Try Your Hand at Another Exam Question?” It looks like a “doozy”!
Trademark Blog New York City lawyer Martin Schwimmer updates this blog several times a day with news about trademarks and domain names. His Sunday, 16 Feb. post had a piece on the Zippo Lighter and the 15 Feb. blog concerned "The Bush Adminstration’s trumpeting of the hydrogen-fueled car. It had an "initiative" branding hydrogen as FREEDOM FUEL and hydrogen-powered cars as FREEDOMCARS." The post explains why the Adminstration pulled the name. Interesting!
VoteLaw This informative blog is part of what may be the only Web site devoted to the topic of voting law, from Birmingham, Ala., lawyer Edward Still. He covers elections, voting rights, campaign finance and other topics. From the site: “Monday, 17 Feb. post HR 235: Electioneering by Houses of Worship H.R. 235 will allow churches and other religious institutions to engage in some election-related activity without losing their tax-exempt status. Below I have collected the analyses of the bill I have been able to find online.” Very interesting reading!!
Weatherall's Law Kim Weatherall, lecturer in law at the University of Sydney, Australia, provides commentary on current developments in intellectual property and technology law. She expresses interesting views on American law vs Australian.
I’d like to remind you that all of the preceding blawg sites are from “Many 'Blawgs' Provide Practical Information” by Robert J. Ambrogi
In TVC Alert, 6 JANUARY 2003
Subscribe
--------
AUTHOR: Nancy Stinson
DATE: 2/18/2003 11:06:39 AM
-----
BODY:
I hope all of you enjoyed the long weekend – Thank you Mr. Lincoln and Washington!
Now if we just did not have all this snow to contend with… although it could be worse, we could work in New York!!
And now for today’s practical blawgs…
LessigBlog Stanford Law School Professor Lawrence Lessig discusses cyberlaw, intellectual property, the Internet, and whatever else he chooses.
OpenLaw From Harvard Law School's Berkman Center, Openlaw is an experiment in crafting legal argument in an open forum. Lawyers and non-lawyers alike can add comments to drafts of legal arguments, pleadings and briefs from actual cases.
RealCorporateLawyer.com Blog (He moved and changed the name of the blawg) Broc Romanek, editor of RR Donnelley Financial's RealCorporateLawyer.com, tracks current developments in corporate and securities law.
SCOTUSblog Published by the Washington, D.C., firm Goldstein & Howe, this is the only blog devoted to tracking litigation before the Supreme Court.
I found really interesting about this blawg was it’s reference to our weather and the Supreme Court and how it effects cases!! Particularly interesting were the blawgs for Monday, February 17 and Tuesday, February 18, 2003.
Statutory Construction Zone This innovative blog from Washington, D.C., lawyer Gary O'Connor analyzes current federal cases that involve matters of statutory construction. For each case, he sets out the statute construed, the court's conclusion, and the statutory construction tools used by the court.
I loved his QUOTATIONS OF THE WEEK:
“English does not contain words for all complex economic arrangements; whenever the language lacks a one-to-one mapping of words to ideas (or words to things) there is a potential for ambiguity and confusion.”
TalkLeft An unabashedly left-leaning look at the law and politics of crime from Denver lawyer Jeralyn Merritt.
--------
AUTHOR: Nancy Stinson
DATE: 2/14/2003 09:55:28 AM
-----
BODY:
Once again, I am ending this week with a profile from the ABA program
Raising the Bar:
Pioneers in the Legal Profession
Black History Week
This week we profile William Henry Hastie (1904-1976)
William Henry Hastie was the first African American to serve as a federal trial judge. He also became the nation's first black federal appellate judge. During his long and illustrious career in law and public service, Hastie also served as a teacher, attorney in private practice, senior government official with the U.S. Department of the Interior and the War Department, Howard University law school dean, and the first black governor of the Virgin Islands. Presented with the Spingarn Medal by the NAACP, he was cited "for his distinguished career as a jurist and as an uncompromising champion of equal justice."
Read more about William Hastie
From: White, Charlie. “FW: Black History Month Feature.” E-mail to the author. 6 Feb 2003
And because today is Valentine's Day, I have a few fast facts for you from Gary Price, author of the Reference Shelf Blawg. From Friday, 7 Feb 2003:
Source: U.S. Census
Fast Facts: Valentine's Day
”Statistics relating to the holiday. Included in the report:
* 2.3, million Number of marriages that take place in the United States annually
* 24,197, The number of florists nationwide
* $418 million, Value of U.S. imports of chocolate from Canada, the leading country of origin for such imports, during a recent 10-month period. Similarly, Canada was the leading foreign source of nonchocolate candy in the United States ($232 million worth in shipments).”
For a lot more interesting facts related to Valentine’s Day, click on Fast Facts
--------
AUTHOR: Nancy Stinson
DATE: 2/13/2003 10:17:32 AM
-----
BODY:
Before I offer you some more interesting and helpful blawgs, a little humor…
“William Watson of Albany, New York launches an action seeking a declaration that the United States should not be a republic as this violates his Constitutional rights to be governed by a king. And while he is at it, he claims he should be that king. He alleges in his claim that he is halfway there already, as his name is William.”
From: Legal Humor News, Wednesday, 12 Feb 2003
And if you have some free time on your hands???? You will chuckle at “If it Ain't Broke, It Ain't Broke”Adapting to a law office computer upgrade . . . oh for the days of that Underwood typewriter.
Same source
And now for today’s practical blawgs…
Jurist To call this excellent site a blog is misleading - it is more like a daily newspaper for the legal profession, providing news, commentary, event listings, court dockets, and much more. It is operated by Bernard Hibbitts, professor at the University of Pittsburgh School of Law. From the site on Feb 10, 2003:
Legal Implications of the Columbia Space Shuttle Disaster R.C. Walters, Esq. Federal Aviation Administration
"JURIST Special Guest Columnist Richard C. Walters, attorney for the Federal Aviation Administration and co-author of a legal study of the 1986 Challenger explosion, says that the legal issues potentially arising out of the Columbia accident will be anything but simple and straightforward." Read Mr. Walter's op-ed.
KidLaw “One hopes that Timothy Travis, an Oregon juvenile-law attorney, finds time to update more frequently this blog on child abuse and neglect law. Although postings are sporadic, it shows promise for becoming a useful resource.”
I hope our author is right, I was disillusioned when I saw the title of the home page, FAT (Facts About Taxes) and a minuscule section on “Child Abuse and Neglect Sites.”
KinsellaLaw N. Stephan Kinsella, a patent attorney in Houston, Texas, reports on developments in patent law and comments on resources and findings of interest to patent lawyers.
The very first post to this site is quoted below:
“Wednesday, February 05, 2003
Don't expect NesQuik, Ovaltine or Hershey to offer this anytime soon: Recent patent: Semen taste-enhancement dietary supplement. What will they think of next.”
Click on the above link and you will find this at the USPTO website:
“SUMMARY OF INVENTION
This invention regards a novel and unobvious dietary supplement formulation of relatively specific ratios of fruits, vegetables, and spices that when ingested by the male results in a significant improvement to the taste of the male ejaculate by reducing its generally salty and/or bitter taste while also adding a pleasant flavor that is considered by 98.5% of all customers as very enjoyable.”
LawMeme “Yale Law School's Information Society Project operates this blog, subtitled "Legal Bricolage for a Technological Age," delivering law and technology news and commentary.”
I am sure that Timothy Koogle and Yahoo’s problems with the French courts are quite familiar, but I liked their insight on its ramifications…
From the site: “Such a ruling, incidentally, would have had rather strange implications. It would mean, for instance, that eBay, and any other online auction house, effectively supports all the habits, political outlooks, fetishes -- and so on -- associated with the goods sold on its web site.”
Leah's Law Library Weblog Leah Sandwell-Weiss, a librarian at the University of Arizona College of Law and a former judge advocate, covers law, libraries and legal research, with a smattering of military law.
LegalMind.org An anonymous San Francisco lawyer uses his blog as a scrapbook, collecting links to articles and cases he finds interesting, with an emphasis on Internet and securities law. Other lawyers may find some of what he collects interesting as well.
Although posts are infrequent, they are interesting… "Before sending an email, ask yourself: 'How would I feel if this email is going to appear on the frontpage of a newspaper?' - The Perils of Email - A must-read on email and the recent lawsuits in the corporate world, from Fortune.
And better yet his Dec 19th post was one I also used in December on the Christmas Clauses!
Legal Weblog Attorney Brian M. Peterson reports legal news of interest to lawyers in West Virginia.
From the site: “The Evolution Debate Rages On"
Nearly seventy-eight years have passed since the Scopes "Monkey Trial," and we are still debating whether creationism should be taught in our schools alongside Darwin's theories. This Charleston Gazette article notes that "West Virginia school officials may add a 'qualifying statement' to new statewide science standards."
--------
AUTHOR: Nancy Stinson
DATE: 2/12/2003 11:28:03 AM
-----
BODY:
And now for today’s practical blawgs:
GrepLaw Another blog from Harvard's Berkman Center for Internet Law and Technology, it follows Internet law developments from throughout the world. From the site on Tuesday Feb. 11, 2003: “Clay Shirky has written an excellent article entitled "Power Laws, Weblogs, and Inequality" Simply put, diversity plus freedom of choice creates inequality: "A new social system starts, and seems delightfully free of the elitism and cliquishness of the existing systems. Then, as the new system grows, problems of scale set in. Not everyone can participate in every conversation. Not everyone gets to be heard. Some core group seems more connected than the rest of us, and so on." A must read for anyone interested in the statistics, fairness, and power relations of blogging.”
HIPAA blog Jeffery P. Drummond, a partner with Jackson Walker, Dallas, comments on the policy and politics of medical privacy and the Health Insurance Portability and Accountability Act.
How Appealing Thanks to Howard J. Bashman, chair of the Appellate Group at Philadelphia's Buchanan Ingersoll, this is one of the best resources on the Web for tracking appellate litigation throughout the U.S.
icann.Blog A nationally known writer and commentator on Internet law, San Francisco lawyer Bret A. Fausett maintains this excellent blog about ICANN, the Internet naming authority. From the site on Monday, Feb. 10,2003: "IraqTV Courtesy of .ws"
Taliban.com: "A lot of businesses would feel pressured by the current warmongering US propaganda to knuckle under and re-assess whether they should be providing indirect support to the nation of Iraq. So, for their courage and principle, we tip our turban to the folks at Global Domains International." I wasn’t able to find their quote, the site is still under construction, but I am sure it will prove to be very interesting when it is up and running.
ICANNWatch A pioneering group of Internet law scholars collaborate to maintain this blog. They include Temple University Law Professor David Post, Wayne State Law Professor Jonathan Weinberg, University of Miami Law Professor A. Michael Froomkin, and Milton Mueller, associate professor at the Syracuse University School of Information Studies.
Inter Alia Tom Mighell publishes the informative electronic newsletter, Internet Legal Research Weekly, and maintains this companion blog to provide timely updates of new Web sites and legal research tools. From the site on Tuesday, 11 Feb 2003 : “Research Site of the Day” "It's getting to be that time of year, so TaxLinks may be a useful site to have in your Tax folder. Well, maybe not -- TaxLinks claims to be "your online source for IRS Revenue Rulings." Indeed, the site posts rulings all the way back to 1954. There's also a link to TaxSites, which provides links to helpful tax information. “
Jottings By An Employer's Lawyer A management-side employment lawyer with the Texas firm Haynes and Boone, Michael W. Fox highlights important employment law developments and adds the perspective of a practitioner. From the site on Monday, 10 Feb 2003: "Just In Time For Valentine's Day - Help On Dating, Sex & Romance At Work" Susan Heathfield has comments on the problem, what HR can do about it, and tips for the involved individuals at her regular spot at humanresources.about.com
--------
AUTHOR: Nancy Stinson
DATE: 2/11/2003 10:47:14 AM
-----
BODY:
"Many 'Blawgs' Provide Practical Information" by Robert J. Ambrogi
Practical Blawgs
“This column looks at some of the Web logs that may be of value to practicing lawyers. The focus is on blogs that deliver news and commentary on topics related to particular practice areas or to the practice of law in general.”
What follows is a round up of blogs that offer practical information for lawyers."
I'm only going to list a few each day...
Blueblanketblog An appellate attorney in the Environment and Natural Resources Division of the U.S. Department of Justice reports and discusses selected Supreme Court and environmental cases. Most interesting are her dispatches from the Supreme Court oral arguments she occasionally attends. While scanning her site I found the following post that I just had to share:
Wednesday, February 5, 2003
WASHINGTON, DC—Seeking to "safeguard our precious wild lands for future generations of SUV ads," the Department of the Interior set aside two million acres in Wyoming and Colorado for use in car commercials Monday. "If we do not protect this land," Secretary of the Interior Gale Norton said, "we may one day have no place for Dodge Rams to run wild and free."
Consensus at Lawyerpoint The Electronic Frontier Foundation, an organization devoted to protecting civil liberties in Cyberspace, sponsors this Web log. It follows the work of the Broadcast Protection Discussion Group and efforts to develop a consensus on regulation of digital broadcasting.
CopyFight: The Politics of IP Donna Wentworth, an editor at Harvard Law School's Berkman Center for Internet Law and Society, tracks legal rulings, Capitol Hill policy-making, technical standards development and technological innovation as they relate to intellectual property and the Internet.
DeLawOffice.com Larry D. Sullivan, a general practice lawyer in Delaware, and William Slawski, his coworker, write about Delaware law as well as about the Web, the day's headlines, and law practice in general. At this blawg I found:
Saturday, February 08, 2003 "Intellectual Property Run Wild"
"I'm sure that there's a bit of good business sense applied here, but I was kind of saddened when I saw the following. What we can't copyright, we patent. What we can't patent, we trademark. What we can't trademark, we copyright.
Next time you throw together a peanut butter and jelly sandwich, remember that if you had applied for the patent before 1995, you could have been there first.
Ernie the Attorney Maybe it is the clever name, but more likely it is the compelling content that has made Ernest E. Svenson, a partner with Gordon Arata McCollam Duplantis & Eagan, New Orleans, one of the most popular law-related bloggers. He writes generally about law, law practice, legal technology, and the Web.
Read Sunday Feb 9, 2003:
"Juror E-mails Plaintiff-Lawyer Blogger - this is an interesting E-mail that was sent by a former juror to InstaLawyer (a plaintiff-lawyer blog). It's always fascinating to get an inside view into the mindset of a jury, even if it comes from just one of the jurors.
Excited Utterances Devoted to "a sociological and psychological perspective of law firm knowledge management," this blog by Joy London, manager of the practice data group at a large law firm, provides commentary along with a number of links to useful articles and Web sites. Sat, Feb 8, 2003: “Law Firms Use Personality Tests"
"Once again, I note another cultural difference between US and British law firms. This time the issue is personality testing of associate recruits and non-legal staff. In For Innovative Firms Apply Psychometric Testing to Recruitment and Staffing,the author notes "the American attorneys raised skeptical eyebrows while their English counterparts seemed rather self-satisfied to be so far ahead of the curve" But psychometric testing may provide a new way to look at associate attrition problems, team-building, employee motivation and business development.”
Gideon's Promise.The infrequent musings of New Orleans criminal defense lawyer Richard W. Westling. From the site: Wednesday, February 05, 2003
"Reasonable Doubt -- What a Concept" Having recently completed a federal criminal trial in the Eastern District of North Carolina (with less than pleasing results), I am faced with a criminal defense lawyers connumdrum -- how to get jurors to grasp the concept of reasonable doubt. This topic is one worthy of some discussion over the next few weeks, but at bottom, I am, as an advocate, faced with the dilemma of explaining for jurors that which I am not sure I fully understand. How many of you have a ready definition? How many jurors come into jury service understanding how much doubt they need to have to vote against conviction?"
W