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June 26, 2005

Blawg Review #12

As the blawg review editor so graciously reminded me, it's been twelve weeks since I bellied up to the bar (or posted for that matter), nevertheless there's lots of great stuff in this issue of Blawg Review; a potpourri of sex, discrimination, sexual discrimination ... let's go:

CASE NOTES

George Lenard of George's Employment Blawg posts concerning the "casino makeup case" which will test whether an employer's grooming policy requiring female bartenders to wear makeup was unlawful sex discrimination. George has the scoop on lots of great questions coming from the the Ninth Circuit related to the cost of women's bathing suits and whether men can be comfortable wearing mascara in public.

Sean Sirrine blogging at de novo informs that Judge Kozinski Won't Wear Makeup. (Sean also offers interesting tidbits on Judge Kozinski here and here.)

I, on the other hand, think its a great case because it may finally answer the question whether law firms can continue to require male associates to wear ties. On a side note, f/k/a is interested in gender equity regarding restrooms.

SoCal Blogger Jeffrey Lewis has a new blog entitled Law Limits covering interesting legal topics like anti-SLAPP procedures. For those unfamiliar, anti-SLAPP motions allow one to slap down silly lawsuits like this one where nationally syndicated radio host Tom Leykis was sued by a caller who claimed that Leykis discriminated by screening out older calls from his talk show. It's silly because although Leykis may have engaged in discrimination, his radio show is not subject to California anti-discrimination laws. The post at Law Limits includes the entire transcript of the call that spawned the lawsuit and includes Mr. Leykis bluntly telling the caller: "You're not just older than my demographic, you're the grandfather of my demographic." (Discrimination is good.)

In a post titled "Confidential OLC Opinion: Is Christina Aguilera's Music "Torture"?" Article IIII Groupie wonders if the legal geniuses over at the Justice Department's Office of Legal Counsel (OLC) -- a.k.a. the "Finishing School for the Elect" -- were to issue one of their brilliant, painstakingly researched opinions on this question, what would they conclude? A3 has the draft memo.

The always interesting Julie Hilden (FindLaw.com) asks a very important question this week at Writ: Does blogging about sexual encounters violate the non-bloggers privacy rights. Julie's question was spurred by the very unfortuante lawsuit brought against the quite sexy "Washingtonienne", aka Jessica Cutler (pictured), by her ex-boyfriend Robert Steinbuch. Steinbuch claims that Cutler committed the tort of public disclosure of private facts when she discussed details of their sex life on her blog. He might be annoyed by accounts like this one.

Eric Goldman, who writes Goldman's Observations, asks, "What Does "100 Grand" Mean to You?" via Marty, who will be appearing shortly as defendant in a similar case.

the dark goddess of replevin speaks: is it morally wrong to drink lattes in law school? [ed note: it is morally wrong for a Law School Director of Career services to quote from David Bach's The Automatic Millionaire, see The Latte Factor]

BODY OF EVIDENCE

Howard Bashman reports about a law blogger who once expressed opinions on matters of public concern: "Today's law blogger in-the-news is Jason Nemes, for reasons discussed here and here. Remember, bloggers, the Internet Archive Wayback Machine never forgets."

Somewhat related ... David T.S. Fraser at The Privacy Law Blog reminds us that very little is private when it is sent by e-mail. Bruce MacEwen at Adam Smith, Esq. follows up with the sad ending to this... [ed note: "two dollars!"]

And finally from the you'd think they'd know better dep't: Criminal Defense Attorney Charged With Hiring Hitman to Kill Husband.

LAW PRACTICE ARTICLES

Colin Samuels at Infamy or Praise discusses the looming collapse of the patent infringement settlement between Research in Motion and NTP in this post "Legal Lines in the Sand". Samuels states that this collapse illustrates a dilemma which in-house counsel face regularly -- how to balance their company's legal interests with its business interests. In making the transition from law firm practice to in-house practice, attorneys need to learn to fight not every battle, but rather the right battles. Companies depend on their attorneys to fight when necessary, but not unnecessarily; it's not an easy balance to find, as the Research in Motion example shows. Follow up post here.

Check out the thinking out loud piece on ambivalent imbroglio about Dave Winer's new OPML editor, instant outlining, and how these technologies could be helpful in a law office for collaboration and research retrieval.

Dave Pollard's how to save the world offers this advice on What Your Corporate Policy On Blogs Should Be.

Lexblog offers a "Great discussion on marketing power of blogs for lawyers".

Robert Ambrogi, at LawSites, offers his take on the Blogging contrarians. It's nice to read thoughtful pieces like this that are written well and can flat out refute these pieces that seem to be popping up everywhere lately. Next up: plawdcasting contrarians.

Jeffrey Lewis asks "Can you can troll for clients on the internet with a disclaimer that anything they say to you doesn't create an attorney-client relationship and nonetheless claim attorney-client privilege for anything they tell you?" and answers at LawLimits.

Help a rising 3L out. Jeremy Richey has a Question for Lawyers regarding what "resources discussing the nuts and bolts of practicing law — the sort of stuff that is usually learned from the school of hard knocks."

More questions. David Giacalone at f/k/a asks whether seminal cases can shape a lawyer's psyche: "While others have been handing off reading sticks and music batons throughout the blawgosphere, I've been wanting to ask fellow lawyers a different question -- Was there a particular case -- a Seminal Opinion -- that strongly influenced your attitude toward the legal system or the legal profession, or that helped you decide the role you wanted to play within the profession? Did one majority or dissenting opinion plant seeds from which your lawyer psyche grew? If so, what was it and what difference has it made in your professional goals or practice? -- That's the Seminal Opinion Baton, and I bet a very large percentage of lawyers, professors and judges have a SOB Story to tell."

Helpful calendaring advice from Howard Bashman's How Appealling. When do ten days equal or exceed fourteen? Under the Federal Rules of Civil Procedure, of course. Keep reading.

SYMPOSIA

Bruce MacEwen at Adam Smith, Esq. asks, "Are we entering the 'Net's first golden age?".

Juris Slacker (what a cool name) offers up 3 books to read before going to law school; I offer one for kids considering second tier law schools - BarMan.

Kelo related from VC: "Something has gone seriously awry with this Court's interpretation of the Constitution." (Make sure to check out the comments as well.)

The extremely busy Denise Howell posts bag & baggage podcast #13, and Mad Kane has audio and xml-cellent.

Jonathan B. Wilson is also quite busy blogging on multiple sites and providing multiple resources: see Supreme Court Short List and Trial Lawyers Try to Open Up Michigan for Vioxx Suits (Part II).

Overlawyered reports that "Retiree Diane Hutto of Fort Walton Beach, Fla. bought the giant cosmetics company's "anti-aging" products, but aged anyway."

Yeehaw. Class Maledictorian has some great news concerning the release of the Dukes of Hazzard movie. A permanent injunction would have ruined my summer, y'all.

Kevin A. Thompson at Cyberlaw Central takes a look at the Legality of Fan Fiction on the Net.

FOOTNOTES

Thanks to Evan for pointing out Christopher King's blog.

Tom Mighell has published Issue #195 of the Internet Legal Research Weekly. Just call him Mr. Consistency.

Good site.

Googlefight: Lexthink v. RethinkIP.

TechnoLawyer announces the winners and finalists of its 2005 Awards.

Update: Blawg Wisdom has posted the Weekly Law School Roundup: Mixin' Cocktails With A Plastic-Tipped Cigar. It's a must, as you will see--a lot of work went into it; plus Pavement rules.

Lastly, make sure to check out this link for everything Grokster on monday June 27.

One final note, there will be a special the 4th of July Blawg Review hosted by a very remarkable guest. Please take a moment to submit your recommendation of an appropriate law blog post to help Blawg Review celebrate Independence Day.

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» Blawg Review #12 from Objective Justice
Well, Blawg Review keeps coming out earlier and earlier and I kinda like it that way. Blawg Review #12 is up over at Tech Law Advisor, and it looks good! [Read More]

Tracked on June 26, 2005 01:57 PM

» 11 Gdunka Dunk from ambivalent imbroglio
Blawg Wisdom today features a new Weekly Law School Roundup filled with hot profs, cocktails, getting baked, and surviving needles—none of which are probably what you're thinking. [Read More]

Tracked on June 26, 2005 02:07 PM

» a sleepy sunday (feels good) from f/k/a . . . .
- no news, no views today [Read More]

Tracked on June 26, 2005 08:22 PM

» Blawg Review #12 from Overlawyered
...is up at Kevin Heller's Tech Law Advisor.... [Read More]

Tracked on June 26, 2005 09:21 PM

Comments

Posted by: Prof Yabut at June 26, 2005 10:32 AM

Posted by: Kevin J. Heller at June 26, 2005 07:57 PM

Posted by: Kevin J. Heller at June 26, 2005 08:36 PM

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