Ernie the Attorney : Searching for Truth & Justice (in an unjust world)
Updated: 6/1/2002; 9:44:49 AM.

 















Click to see the XML version of this web page.

 
 

Sunday, May 19, 2002


How Long Should Lawyers Keep Records?

For information on this topic consult Nemchek, Records Retention in the Private Legal Environment: Annotated Bibliography and Program Implementation Tools.  Also, consult ABA Comm. on Ethics & Professional Responsibility Informal Opinion 1384 (March 14, 1977) (which basically advises lawyers to use "good common sense").


9:52:48 PM    


ABA Law Practice Management Section Gets Stunning Message from Incoming Chair

John Tredennick, the incoming chair of the ABA's LPM Section sent a stunning letter to the Section's active members (which number about 180; the membership of the entire section is about 18,000 attorneys).  The letter warned that certain travel and lodging expenses for meetings would no longer be reimbursed, and they should look to their employers (and not the ABA) to support their ABA activities.

The LPM's annual budget is about $3 million, and apparently things are getting tight.  Tredennick told an editor of Law Technology News that he wants to "re-focus the section on the core themes of technology, marketing, management and finance."  Reading between the lines, it looks like the LPM Section is getting heat from the main body of the ABA.

I don't know what's up at the LPM, but I hope they work it out.  I enjoy their magazine, which is filled with lots of practical information about technology and marketing, and incidentally is where Rick writes a column on the impact of the Internet on the law.


7:27:58 PM    


Is Satire Libelous?

"Maybe it is, if it's too subtle. And if you're in Texas. The NY Times reports on a lawsuit against a Dallas alternative weekly, says Dan Rosenbaum of [Over the Edge].

Here's what bothers me (as taken from the N.Y. Times article:

"This month, a Texas appeals court ruled that this requirement, known as actual malice, is irrelevant where satire is concerned. The court, in declining to dismiss the case, said satire by its nature involves the intentional publication of false statements. Proof of actual malice, it held, follows automatically."

WOW!!!  The facts of the case probably explain a lot (read the N.Y. Times article if you're interested) but they don't justify a finding that "actual malice" is not required where satire is concerned.  I thought the first amendment's key lesson was that we all have to have thick skins to preserve free speech.  Last time I checked, satire was still speech.  Right?


5:03:02 PM    


Orange County - The Prospective Juror's Friend.

The headaches and inconvenience of jury service are legendary, but what if you could work or watch the big screen while you cool your heels? After $1.5 million in improvements, the Orange County, CA, Superior Court just unveiled its new jury assembly room:

"There are two dozen workspaces equipped with modem connections [-what, no broadband?-] so prospective jurors can keep themselves busy. A network of seven large-screen televisions and a video projection system also have been installed to make the waiting game less grueling." [Via The Daily Journal]

This is all pretty neat, but what's even better is Orange County's commitment to keeping potential jurors away from the courthouse engaged in less civic-minded pursuits until absolutely necessary. Using a dial-in number and its Web site, the court lets those on jury duty know if they actually need to show up that day, and if so when. This cuts way back on the interminable waiting at court. Via [Bag and Baggage]

Jury service should be a rewarding experience for those whose lives are disrupted as they fulfill an important civic role.  The least the government can do is make it convenient and comfortable.  I agree with Denise that broadband is called for.  And now that the X-Box and Playstation consoles have dropped in price....


4:51:08 PM    


Digital Rights - A Soon to Be Released Hollywood Blockbuster

"Hollywood studios and record labels want to encrypt their products with an algorithm of some sort, for which every piece of hardware or software that plays or displays their material must have a corresponding electronic key. (If the algorithm or the key is missing, the content won't play -- thus thwarting pirates.) For added protection, the established entertainment companies want Congress to pass a law requiring technology companies to build the key into their products. Thus, no DVD players, PCs, CD players, or operating systems would be legal without Hollywood-designed copyright protection." [BusinessWeek] Via  [Scobleizer Radio Weblog]

Let's see now, wasn't the government not too long ago telling us that if we didn't require a back door key into all encryption schemes that terror would reign supreme? 

It's always fascinating to watch those who have power try to convince us poor ignorant slobs that things like encryption are good for us.  Oh, is it?  Well then.  I'm quite sorry for my impetuousness and juvenile mistrust.  Why of course, it's for the public benefit.  Yes, quite!  (Hurray for the public) And please pass the crumpets will you, kind sir?


4:43:27 PM    


Scoble's thoughts on Microsoft make sense to me

I should explain my position on what's attracting me to the Macintosh platform. Developers have started supporting that platform in a major way. Where am I coming from? I used to be a Macintosh user ....

But, all my friends on the OS X platform keep showing me great little utilities and other things that are being released almost daily. What happened? Apple embraced Unix and by doing that Apple embraced developers. Why? There's a lot of Unix expertese out there. Lots of kids learned Unix in school. Lots more learned it on the job. Now Apple has joined a nice user interface with Unix, and developers are taking notice. 

...Oh, and Microsoft views its developers, not as partners who will help give users like me better products, but as "warriors" who must be convinced to not use Java. This is not the world I wanted to see come about. I should be able to buy a CD, turn it into digital files on my computer, and carry those files around with me. Soon, if this industry keeps going, I'm just gonna be marked as a criminal and I won't be able to use my own property the way I'd like.

...Can the government shut all of us down? No way. There's not enough resources in even Gates or Bush's war chests to figure out how to shut down all the Web sites in the world. There's a coming intellectual property battle, and I know who'll win. Webloggers. We're like ants. You can try to kill us, but we'll keep coming at you. I just wish Microsoft would get on our side and stop treating me like vermin. Eventually I'm gonna get the message and go use another product. There's not THAT much to like about Windows XP. [Scobleizer Radio Weblog]

Man do I agree with that rant (which I have seriously excerpted).  I was a big Macintosh afficionado from 1984 - 1992 but the peer pressure was goo great and I switched to Windows at work and then at home.  But now I'm thinking that if I could have an operating system with Unix under the hood and a cool iMac or a Ti Book I'd be happy.  I think from now on all of my home computers are going to be Mac's. 


4:30:14 PM    


"Attorney for the Defense" comments on the Enron Trial and Press Criticism of the Defense Attorney for Aurther Anderson

"The media does our constitutional system a disservice when describing the behavior of a defense lawyer who must stand up to a judge as "antics" and the like." [Attorney for the Defense]

My friend Rich makes a good point.  The mainstream press is quick to highlight the scuffles between Anderson's attorney (Rusty Hardin) and the judge.  They aren't able to explain why such a struggle might be necessary.  Basically, the press just feeds the public perception that Anderson is the "Evil Empire" (which may be valid, but if it weren't do you think the press would go against the grain and try to convince us otherwise?) and reports the trial in only that light.  So the following story line is a natural fit: "Evil Anderson Hires a Bully Lawyer Who Can't Get Along with Judge."

The press isn't going to go against the grain of public perception and do a story with an angle like: "Anderson Lawyer has Uphill Battle to Combat Public's 'Rush-to-Judgment' Mindset."  I know that Anderson is not popular right now, but there is a trial going on that will decide the fate of that company and, if there is another side to the story, then it deserves to be heard.  Since I have given up on expecting the mainstream press to give balance to the issue I guess I'll just listen to what Rich has to say.  


4:12:46 PM    


Ed Cone is a Professional writer, and now....a blogger. 

"As someone who gets paid to write, the idea of writing for free seemed counterintuitive at first. But in my experience, writing more has made me a better writer. Meanwhile, the blog lets me publish work that might otherwise go unwritten." [Story Link] Via  [Scripting News]

Yep.  And if blogs mean that professional writers will write things that they might not have written, then it is even more so for the average person.  This blog revolution has just started.   Wait until, say, twenty years from now when some blogger dies and it is discovered that the person had kept detailed online notes (some visible and some not) of basically their entire (post-cognitive) life.   Sort of like the Truman show, except with blogs.


12:53:07 PM    


DNA as the new painting medium???

Australian painter Pro Hart has become the first artist to mark his work with his DNA. Other artists are expected to follow his lead, to authenticate their works beyond doubt.   [The Observer] Via  [a klog apart]

Sure, why not?  On the one hand you've got the science community claiming patent rights to human DNA, and on the other you've got artists working with DNA as a medium to ensure authenticity.  I wonder if anyone involved with the SDMI is looking into this?


12:32:54 PM    


Convergence? - Bah!  Humbug!

"Convergence. They've been preaching it for many years now. Don't hold your breath though. It'll never happen. "  Via [Madhu]

Interesting article, and interesting site.


12:00:49 PM    


© Copyright 2002 Ernest Svenson.

Comments by: YACCS



Click here to visit the Radio UserLand website.

 


May 2002
Sun Mon Tue Wed Thu Fri Sat
      1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31  
Apr   Jun

Categories
 pictureCopyright Law
 pictureTradeMark Law
 pictureClass Actions
 pictureEnvironmental
 pictureKnowledge Mgt
 pictureLaw & Technology
 pictureRadio for Lawyers
 pictureWeblogs & Journalism
Tech Tools for Lawyers
 pictureCaseMap
 pictureActiveWords
 pictureAdobe Acrobat
 pictureETranscript Binder
Law & Technology
 pictureLaw Schools with Wireless
 pictureDiscovery of Electronic Evidence
Copyright Information
 pictureCorante - Copyfight
 pictureCopyrights and Copywrongs
 pictureTaking the Copy out of Copyright
Louisiana Law
 pictureLa Supreme Ct
 pictureDistrict Ct Rules
Reading List
 pictureGoing Wireless
 pictureGrowing Up Digital
 pictureLaw & Disorder in Cyberspace
Interesting Blogs
 pictureRageBoy
 pictureCamWorld
 pictureWeinerLog
 pictureBoingBoing
 pictureInstaPundit
 pictureDailyPundit
 pictureKen Layne