Showing posts with label online resources. Show all posts
Showing posts with label online resources. Show all posts

Reading around - law, business, and technology blogs

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I wish I had time to read everything that interested me. I fight to keep up with the blogs and e-mails and articles that I need to read. Here are some blogs I ran across in the recent past which I find interesting but a bit outside of my law practice at this time.

Eric Goldman's Technology & Marketing Law Blog. I think every business needs to keep an eye on technology and every business lawyer needs to keep that eye (if not both) on where law and technology intersects. Mr. Goldman's blog is that intersection of law and technology, but for me it is just a bit more directed to technology businesses and the law. Definitely a great read but not of those I am supposed to be reading to keep up with my practice areas.

Law and Technology Theory. Definitely one that does not directly aid my law practice but I am tempted to read. Tempted for no other reason than to test my understanding of what I am reading. It has not been updated in three months and gives links for those interested in the more academic reaches of the law. Here is a taste of the blog:
The first draws upon Haraway’s desire that “[a]ny interesting being in technoscience, such as a textbook, molecule, equation…can – often should – be teased open to show the sticky economic, technical, political, organic, historical, mythic and textual threads that make up its tissues.” (Haraway Modest Witness 1997: 68). While Haraway criticizes him, this seems similar to the type of sociological and historical studies by Bruno Latour, in which complex relations between “agents” - scientists, engineers, corporate leaders, government officers, political, social and cultural events and concerns of the time, and the very machines that scientists and engineers use -interrelate in any technoscientific endeavor. This body of research suggests an approach to law and technology that undertakes detailed examinations of the networks at play behind, not just technological change, but legal responses to technological change.

LawFont.com has the subtitle of "an analysis of law, technology, economics, and policy." The blog gives an Australian perspective on law and technology because it is an Australian blog. The topics cover some of the same territory as Eric Goldman's blog and has a similar interest to me but with the added flavor of a foreign viewpoint. Remember folks, this is a global economy. I also want to give the people running this blog a compliment for a group blog without much of a mess.

Conglomerate. Back to the States for another group blog without mess. This time business law professor types. Good writing but aimed at a different kind of practice than mine is nowadays.

Finally, a blog that I have only skimmed: Truth on the Market. It describes itself as " Academic commentary on law, business, economics and more."
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Business resources - IRS newsletter for small businesses

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For thos who want to keep with IRS tax information for your business, something I got via the U.S. Department of Labor:

The Office of Compliance Assistance Policy would like to bring to your attention compliance assistance news from the Internal Revenue Service:

The IRS has started a news service, e-News for Small Business. Distributed every Wednesday, it brings timely, useful tax information right to your computer.

e-News’ convenient format will put IRS tax information at your fingertips. “Useful Links” brings you quickly to some of the most useful information on IRS.gov for large and small businesses and the self-employed.

To start your FREE subscription to e-News, just go to IRS.gov at http://www.irs.gov/businesses/small/content/0,,id=154826,00.html, type in your e-mail address and submit.

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Resource for Indiana lawyers: Indiana Law Journal

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The Indiana University Law School at Bloomington has for a long time published its law review articles online. I think they are still the only Indiana law review doing so, but then IU Bloomington was a leader on the Internet.

What I am finding odd is that only the current volume is online. You can access this page through this link. I cannot find the archives and the site is a bit more barren than I otherwise recall.
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HIPAA information

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Credit a Google search gone astray for this post. HIPAA manages to get itself intertwined into several areas of my practice without really being part of my law practice. I took a look at an entry for the Health Care Law Blog on new enforcement procedures. If you have an interest in health care law, I suggest you take a take a look at the whole blog.

That page took me to the enforcement page at the Health and Human Services website. Further links go to pages detailing the enforcement process, enforcement highlights and case examples.

For consumers, I suggest also checking out this page which links to more educational pages of a general interest. Lawyers should find the links to statutes and the federal regulations of some use, too.
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The Personality Rights Database

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I posted briefly on the Seventh Circuit's wiki and here is another. At first, I thought The Personality Rights Database would only provide some mildly interesting intellectual stimulation. I think it might also have some practical value, for the wiki includes privacy rights within its definition of personality rights. More importantly, the wiki includes United States law.

Not that the wiki has copious amounts of information at this point in time. It does get me thinking of applications closer to home. One thing crossed my mind was how much of a future West's Indiana Digest (and all those other digests) will have when enough enterprising attorneys join together to create wikis on an area of law. For example, what would happen if the Family Law Section of the Indiana State Bar created a wiki exploring the fullness of Indiana's family law? I do not recall writers like Dennis Kennedy using the analogy to the West Digests but I think it is one that other attorneys will understand immediately.
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Reading Around: Chilling Effects Clearinghouse

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I discovered the Chilling Effects Clearinghouse this past Saturday. I get asked some simple questions about the Internet (such as will someone get in trouble for posting something stupid to a web page.), but I think this site has the credentials to be a starting point for researching Internet issues. The site describes its credentials and its purpose in the first two paragraphs on the site:
A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law clinics.

Do you know your online rights? Have you received a letter asking you to remove information from a Web site or to stop engaging in an activity? Are you concerned about liability for information that someone else posted to your online forum? If so, this site is for you.
If the traffic to this blog is any indication, Indiana has not the interest in the Internet found in other states. None of my business clients leap for the chance of a web presence. I do not think that will last for many more years. Facebook and Myspace will change that. I know one client's daughter received abuse via Myspace and we were able to deal well before litigation but we got lucky that the abuse approached the criminal. More troublesome will be the non-criminal attacks on businesses or businesses attacking non-criminal criticism that will appear in blogs and online forums. I suggest reading Defamation Lawsuits at Blue MauMau for background to this kind of problem. Then read Chilling Effects Clearinghouse to keep up on what is happening elsewhere.
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Construction Law and Trucking Litigation

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For those lawyers and businesses dealing with the construction industry, check out Construction Risk Management Portal and Library.

I ran across Truck Injury Lawyer Blog through the Inter Alia blog. I would say this is blog is directed more to lawyers but if you are interested in the subject you need to give it a look.
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Online Resources - The Public Library of Law

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No, I have not time to really check out The Public Library of Law but I want to note it for the lawyers reading me and for the general public.
"Searching the Web is easy. Why should searching the law be any different? That's why Fastcase has created the Public Library of Law -- to make it easy to find the law online. PLoL is the largest free law library in the world, because we assemble law available for free scattered across many different sites -- all in one place. PLoL is the best starting place to find law on the Web."
For the lawyers, we need to recognize this as a trend that has been around for a while on the Internet and may finally be taking a solid shape. The Bluebook has a citation form for online materials. Whether or not this affects West or not is a good question. It may make its headnotes even more valuable. It also raises questions for me about Shepardizing.

For the non-lawyers, finding the law is only half the trick and maybe even only a quarter. The remainder consists of verifying a case as good law and then using it in a Brief or an argument.

For both: I suggest (and I am far from being original here) using online resources like this for raw research and then using West or Lexis for further research. That is find the possible cases for free and then go to West to make sure that the case is good law.
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Online Resources: ADAWatch.org

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What I think of the federal Americans with Disabilities Act will probably disappoint everyone. That I think the ADA serves a good purpose will annoy employers. That I also think that the ADA does little to help those facing employment discrimination will upset its advocates. My reasoning is that the United Supreme Court eviscerated the ADA many years ago and nothing has been done to fix it. Which is the reason I no longer take on plaintiff's work under the ADA.

Nevertheless, I see the ADA as aiding people who want to work against irrational employers (and what is discrimination but irrationality when faced with a capable and willing employee that one does not want to hire because of a disability?). Which is why I want to mention ADAWatch.org:
ADA Watch is a project of the National Coalition for Disability Rights (NCDR), a nonprofit alliance of hundreds of disability, civil rights, and social justice organizations united to defend and strengthen disability rights.
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Law Prof writing on partnerships and limited liability companies

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The Law Professor Network publishes Unincorporated Business Law Prof Blog by Gregory Duhl. The blog describes itself as the Official Blog of the AALS Section on Agency, Partnership, LLCs, and Unincorporated Business Associations.

I notice that no updates appear after October and I assume the content will find more interest with lawyers than with laypeople. For laypeople, I say the blog reflects the little use lawyers make of partnerships. That does not explain the lack of information on LLC litigation.
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An Interesting Business Law Related Blog

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I ran across madisonian.net on November 27. Do not be put off by it being written by law professors. Anyone alluding to Chumbawamba possesses a good sense of humor which translates into a writing that is anything but pedantic. The following example comes from Real Online Competition: The Right to Exit (and I suggest reading all of the post):
I can just imagine the howls of protest–”Lock-in is the whole Web 2.0 business model! Give ‘em stuff for free, use their UGC, and monetize the eyeballs!” But my hope is that (user sunk costs + lock-in) becomes a much less compelling business model over the coming decade. Although optimism on “innovation markets” has largely anesthetized antitrust authorities looking at these situations, we should reconsider whether encouraging big players to compete to capture a market produces more gains and innovation than rules that reduce the cost of exit from dominant players.
I am aware of the Web 2.0 business model but have not studied it in any depth. Yet, I can see the writer's point quite clearly. One that is well worth thinking about for businesses, for consumers and for their lawyers.
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New Employment Law Blog: Manpower Employment Blawg

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Thanks to Rush on Business for leading me to The Manpower Blawg. While I disagree that The Manpower Blawg uniquely provides free legal information (I think I and all other legal bloggers are doing this), I fully endorse this statement: "This blog -- or blawg -- is designed to provide you with up-to-the-minute employment law information without putting you to sleep...." The blog does anything but bore and worth keeping an eye on - especially for plaintiff attorneys.
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Business blogs November 2007

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If you are new here, you can find where I have posted on other non-lawyer business blogs. Just look click on these links: business blogs, online resources, and/or General business information.

I decided this month to just make a monthly review of business related blogs that might not be also law related. My biases may show - I do tend to tilt towards the marketing blogs and towards any business related blog that is well written. Here goes this month's selections:

Branding & Marketing

Victor Medina's Small Business and Solo Law Practice Blog

Small Fuel Marketing

Dane Carlson's Business Opportunities Blog

FC Now - The Fast Company Blog

BizzBangBuzz - Which is much more and much more impressive than its description: "Law blog focused on small business, technology start ups, entrepreneurs and emerging growth companies"

Duct Tape Marketing Blog - marketing for the small business
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Fashion Apparel Law

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Fashion apparel has not been a major issue in my practice but I got to say I like Fashion Legal Issues from the Sheppard Mullin Law Firm and Faking It: What Designers Should Know About Piracy, Purse Parties, and Parking Lots touches on an interest of mine - copyright law.

"Piracy is not just a problem on the high seas or the internet: fashion designers have fallen victim, too. Current copyright laws protect only the artwork of a design, such as labels, logos, prints and embroidery. Leave off the label or change the logo slightly, and manufacturers and copy-cat designers have free reign to duplicate the cut, shape, style, and silhouette of an item of clothing or an accessory. This widespread practice of design piracy by popular retailers is legal…for now."
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Online research tips

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How do you find what you want online? More specifically, how do you find information useful for your business.

Here are some ideas:
  1. Mining Social Network Sites for Personal Information:
  2. Duty to Google Questioned
The following I found through Larry Bodine's article, Insight for Free, published by Law Technology News (PDf format):
  1. Google Blog Search
  2. Google Alerts: "Google Alerts are email updates of the latest relevant Google results (web, news, etc.) based on your choice of query or topic."
  3. Google Reader: " With Google Reader, keeping up with your favorite websites is as easy as checking your email."
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Using Indiana's Online Appellate Opinions

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I do not know how long I have been aware that Indiana's appellate courts have been posting their opinions online. I seem to recall some Res Gestae article on the subject at the end of the 1990's but I am also sure that DeBruler was still on the Indiana Supreme Court. Let us just say it has been a long time. During that time there have been some changes.

The Indiana appellate courts have their own section on the Indiana government website and the Indiana Appellate Opinions page exists within those court pages. The page contains links to Current Opinions (with links to the Indiana Supreme Court, to the Indiana Court of Appeals, and to the Indiana Tax Court) and to Archived Opinions (again, from all three appellate courts).

How to use this page?

Well, you can use the link to current pages to check cases on a daily basis. (Or just check out The Indiana Law Blog daily for its listing of cases. Which is what I have been doing for the past few years.). This page offers the opportunity get cases faster than through West or Lexis.

Using the archive pages generally requires patience. I wrote generally because of how I search them: 1) I have a name of a case; 2) I go to the page; and 3) I type the name of the case into my Firefox browser and it finds all uses of the word I typed. That will not work well for Smith v. Smith.

So sounds like the page only works well for getting current opinions on the day of being issued, right? Not so fast. At the top of the page are two boxes which are preceded by the word "search" in small type. Click on the first box and there is a drop down menu. On the menu is Appellate Opinions. Click on this choice and put your search terms into the second box and then click the "Go" button. A much quicker way to find cases. You may also be able to use this search function to do an ersatz Shepardizing of cases. I have no idea why this search function remains so unobvious (there is not even any mention of this function on the main page).

In my posts, I have taken to linking to the cases on the judiciary site. Why? Because they are free unlike Westlaw and Lexis, and this makes the whole opinion available for reading.

Drawbacks and Dealing With Them

Which brings me to the drawbacks to using these opinions. They lack the headnotes of Westlaw or Lexis. They lack the official reporter pagination provided by West. The archives do not contain older cases. These opinions do not differ from the opinions we would receive if we were the attorneys on the case. So why use them besides their lack of cost?

First, I do not use the archived opinions alone. If I have the name for a case I want to read, I can use this site to read the case without paying the big research companies their fees. If I want to use the case, I can then go to law library and get the official cite and the page numbers for what I want to use of a particular case. I can do all this without leaving the office or work late night at home. Then, too, I can use cut and paste to extract text from the opinion to my brief or memo.

Secondly, recognize the site has limitations and work with them.

The current case archive has some potent uses regardless of the general drawbacks. A war story about the current case archive may illustrate its use. A friend of mine told me about a difficult case she was involved in, a few days later I am reviewing cases just handed down by the Court of Appeals, and there was a very, very good case for my friend. I e-mailed her the link to the case. She printed the case and got in front of the judge before the judge was even aware of the case. She won that case. I think that clearly suggests the use for the current case archive. Just think of using them as one would use any slip opinion.
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Online resources - Indiana courts

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I am not sure how many lawyers are aware that information on Indiana's trial courts is available at this link. So I decided to trumpet its existence. The information varies from county but all have contact information for the county clerk and the courts in that particular county. Local rules and web pages are also available for those counties with local rules and web pages.
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Privacy and Security Blog

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A ratehr interesting blog from a big West Coast law firm. While not areas that I particularly practice in, these areas of law do have importance for all of us. I do suggest taking a look.
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Patents from Blawg Review

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I do not mention Blawg Review. I probably should. Blawg Review is a weekly roundup of law blogs or law related blogs written by different lawyer bloggers. The Invent Blog concentrates on patents and inventions in Blawg Review #146
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Employment law - online resources

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Hieros Gamos provides a page on Employment Law here. Think of it as a portal - a collection of links -rather a source of actual answers.
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