Belly Up to the Bar - Interim Edition
Welcome to Belly Up to the Bar. I'd hate to use the dog ate my homework excuse, but I left my notes at work and do not have all my links to create this week's post. Please email me if you're interested in submitting a post for inclusion or if you're interested in hosting an upcoming week. [See Al's post for Belly V to understand what this is all about.]
You Can't Silence the Internet
Not in New Jersey anyway. Or can you? Overlawyered reports that Michael J Zwebner is nevertheless trying to intimidate internet message board posters who've been flaming him and his penny stock holding company. See also: The Anonymous Cybersmear I & II
All about the TOS
First, here's some proof that people will sign anything (without reading it). Then Annalee Newitz counts the ways that end user license agreements (EULAs) suck, explaining precisely how raw the deal is for anyone who clicks "I agree" [via]. Finally, Andrew Raff, points us towards the Best Clickwrap Ever?
No Protection for Bloggers
Pajama wearing internet pundits clamoring for protection may not get it from the courts, pens Adam Penenberg, which makes sense since not even reporters seem to have any privileges these days [decision], but it may yet come from an even more unlikely source -- that's right -- Congress. EFF reports that "there are two laudable legislative efforts in the works that could help clarify that online journalists are entitled to the same rights and privileges as traditional print journalists."
The End of Case Comments?
In his post Will Blogs kill the Law Review Case Comment, Orin Kerr senses that the speed at which blogs alert readers to new cases and the quality of the legal analysis discussing such have allowed blawgs to eclipse the function of the case comment. I especially think blogs like Patently-O, internetcases.com and my own caselaw archive are strong indications of his thesis.
More Links of Interest
* The cost of ethics: Influence peddling in the blogosphere
* Twelve Ways Technology Can Make You a Better Trial Lawyer
* More Blogger Firings (t-shirt too)
You Can't Silence the Internet
Not in New Jersey anyway. Or can you? Overlawyered reports that Michael J Zwebner is nevertheless trying to intimidate internet message board posters who've been flaming him and his penny stock holding company. See also: The Anonymous Cybersmear I & II
All about the TOS
First, here's some proof that people will sign anything (without reading it). Then Annalee Newitz counts the ways that end user license agreements (EULAs) suck, explaining precisely how raw the deal is for anyone who clicks "I agree" [via]. Finally, Andrew Raff, points us towards the Best Clickwrap Ever?
No Protection for Bloggers
Pajama wearing internet pundits clamoring for protection may not get it from the courts, pens Adam Penenberg, which makes sense since not even reporters seem to have any privileges these days [decision], but it may yet come from an even more unlikely source -- that's right -- Congress. EFF reports that "there are two laudable legislative efforts in the works that could help clarify that online journalists are entitled to the same rights and privileges as traditional print journalists."
The first is the national OPEN Government Act (S.394), introduced by Senator John Cornyn (R-Texas) and co-sponsor Sen. Pat Leahy (D-Vt.). It's aimed at reforming the law to make it easier for journalists and others to access government documents -- and as the ACLU points out, that includes implementing "news media status rules that recognize the reality of freelance journalists and the Internet."see also: OPEN Government Act appears to protect bloggers as members of media
The second is a bill [pdf] that's just been introduced in the Maryland House of Delegates. The bill, HB 1140, would make it crystal clear that the state's strong shield law applies to bloggers:The provisions in this section apply to any person who: (I) is, or has been, employed by the news media in any news gathering or news disseminating capacity; OR (II) [...] gathers or disseminates news or information to the public through a weblog.
The End of Case Comments?
In his post Will Blogs kill the Law Review Case Comment, Orin Kerr senses that the speed at which blogs alert readers to new cases and the quality of the legal analysis discussing such have allowed blawgs to eclipse the function of the case comment. I especially think blogs like Patently-O, internetcases.com and my own caselaw archive are strong indications of his thesis.
More Links of Interest
* The cost of ethics: Influence peddling in the blogosphere
* Twelve Ways Technology Can Make You a Better Trial Lawyer
* More Blogger Firings (t-shirt too)
1 Comments:
"Orin Kerr senses that the speed at which blogs alert readers to new cases and the quality of the legal analysis discussing such have allowed blawgs to eclipse the function of the case comment."
I agree with Mr. Kerr's thoughts. Last semester, I wrote a casenote on Crawford v. Washington. New stuff keeps coming out, but my paper is unchanged from the way I turned it in at the end of last semester. But blogs such as Prof. Friedman's excellent Confrontation Blog can easily stay up-to-date. Also, it is easy to access, and you can interact with the author.
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