Techdirt has an interesting answer: shut up. If you're the kind of employer who cares about the answer, you're the wrong kind of company to use social media. The law is not clear. But that is, at least.
They say it better than me, but I have a brief due today.
Tuesday, March 8, 2011
Monday, February 14, 2011
Commerce in the Online World
Did you know that online commerce will surpass $2 billion this year? No, not "e-commerce," like using your credit card to buy something. Online commerce as in goods and services produced and provided to our virtual selves: "money" in games. Two Billion Dollars. Spent on Second Life coins, level ups, in-game weapons and tools, even online property.
More food for thought for the new world: Online and Offline Reputation
What is the value of your online reputation? Can you protect it? As with my previous post, I'm mulling over the new-world questions that come with our online universe. Anyway, in the absence of having something ready to write down, let me say that this is an interesting introduction to the regulation of online reputations.
Interesting article on Search Neutrality
This is an interesting article on Search Neutrality written by a professor of mine, Geoff Manne. I've seen a few pieces on the subject. As we move forward, as a society and as a legal system, we will continue to face more and more questions about the proper methods of regulating (or not) search engines, social networks, etc.
I believe his article was written in counterpoint to this one at Eric Goldman's Technology and Marketing Law Blog.
I believe his article was written in counterpoint to this one at Eric Goldman's Technology and Marketing Law Blog.
Thursday, November 11, 2010
Alaska challenges galore: how to spell Murkowski
The Alaska Daily News reports.
I was hardly alone in predicting this might happen, but I'll say it anyway: I saw this coming.
Apparently, the Miller team is challenging every mis-spelled "Murkowski." On Martin Kaste's report for NPR last night, he mentioned that some of the challenges boiled down to difficult-to-read cursive handwriting. (New way to motive kids to work on handwriting: "You're practicing handwriting to save democracy!")
As a legal strategy, it makes sense: If the Miller team is going to make a legal challenge to the election in court, they need to make as many challenges as possible now. Once in the courtroom, they won't be able to add more challenges. So at this point, they're doing what they need to be doing.
I'm also curious, from a legal perspective, whether there is a Bush v. Gore type issue with equal protection in how votes are counted. Voters were told (or thought they were told) that some mis-spellings, and maybe even gross deviations from the proper spelling would be tolerated. And now it's looking like the counting methods may become far more strict. I wonder if there's a voter lawsuit in the mix? Look for it: the Murkowski camp will have, as a party to their suit, a voter who wrote "Lisa M" or "Lisa Merkowsky" on the ballot, suing against disenfranchisement. I mean, clearly they will have testimony from people saying: 1. I was told that Lisa M or "something close" would work; 2. I wrote "Lisa M" because I intended to vote for Lisa M, and 3. everyone else who wrote that intended to vote for her. But I think they will find voters to join the suit. Anyway, more to come, I'm sure.
I was hardly alone in predicting this might happen, but I'll say it anyway: I saw this coming.
Apparently, the Miller team is challenging every mis-spelled "Murkowski." On Martin Kaste's report for NPR last night, he mentioned that some of the challenges boiled down to difficult-to-read cursive handwriting. (New way to motive kids to work on handwriting: "You're practicing handwriting to save democracy!")
As a legal strategy, it makes sense: If the Miller team is going to make a legal challenge to the election in court, they need to make as many challenges as possible now. Once in the courtroom, they won't be able to add more challenges. So at this point, they're doing what they need to be doing.
I'm also curious, from a legal perspective, whether there is a Bush v. Gore type issue with equal protection in how votes are counted. Voters were told (or thought they were told) that some mis-spellings, and maybe even gross deviations from the proper spelling would be tolerated. And now it's looking like the counting methods may become far more strict. I wonder if there's a voter lawsuit in the mix? Look for it: the Murkowski camp will have, as a party to their suit, a voter who wrote "Lisa M" or "Lisa Merkowsky" on the ballot, suing against disenfranchisement. I mean, clearly they will have testimony from people saying: 1. I was told that Lisa M or "something close" would work; 2. I wrote "Lisa M" because I intended to vote for Lisa M, and 3. everyone else who wrote that intended to vote for her. But I think they will find voters to join the suit. Anyway, more to come, I'm sure.
Wednesday, October 27, 2010
Monday, October 25, 2010
Oregon Ballot Initiatives: Voters face 11 Initiatives in 2010
Oregon voters will face 11 ballot measures in 2010; four have already been voted upon. Two were approved by voters in January, and two more, 68 and 69, were approved in June.
The November ballot contains 7 measures. (Some sites are listing the number as six, but I count seven.*) Oregon is one of five states with more than 10 measures in 2010, and is one of four states with a marijuana-related measure.
Here are the seven measures:
Measure 70: Expands the availability of home loans for veterans.
Measure 71: Changes the Constitution to require the legislature to meet every year.
Measure 72: Authorizes "lowest-cost borrowing" for the state's projects [that wasn't allowed before?]
Measure 73: Increases minimum sentences for repeat sex offenders and drunk drivers.
Measure 74: Provides for state licensing of marijuana farmers who can distribute marijuana for medical purposes.
Measure 75: Creates a 25% tax on gambling revenues; allows casinos in Multnomah County.
Measure 76: Re-dedicates 15% of lottery revenue to parks.
As I noted earlier, Measures 73 and 76 appear headed to victory, and Measures 74 and 75 appear to be headed toward defeat. Measure 70 had good support in an August poll by Grove Insight. I haven't seen anything on 71, although I expect that it will pass.
*Updated: From what I can gather, two petitions were combined into Measure 75. Thus, five measures qualified for the November ballot, but will appear under four Measure Numbers. Measures 70 and 71 are "Legislatively Referred Constitutional Amendments"--written and passed by the state Legislature, pending approval by the voters.
Pre-emptive Lawyering: Oregon Governor
Both parties have hired attorneys to watch vote-counting activities in Oregon.
KATU reports.
The race is expected to be very close; it will be interesting to find out what the attorneys "see" while they're watching.
KATU reports.
The race is expected to be very close; it will be interesting to find out what the attorneys "see" while they're watching.
Oregon Ballot Initiatives: Latest Polls
The Oregonian reports. The short of it: sex offenders are bad, parks are good, pot is bad, casinos are bad.
Measures 73 and 76 appear to have adequate support for passage, with about 60% of poll respondents indicating support. Measure 73 imposes longer sentences for repeat sex offenders (and drunk drivers(!)). Measure 76 authorizes the continued use of lottery money for parks.
Measures 74 and 75 appear to be headed for defeat. Measure 74 would legalize medical marijuana dispensaries. Measure 75 would allow a casino to be built in Multnomah County.
Measure 73 has me curious: given the single subject rule, why is a law that increases sentences for sex offenders and drunk drivers allowed on the same measure. Expect a challenge if this passes.
Measures 73 and 76 appear to have adequate support for passage, with about 60% of poll respondents indicating support. Measure 73 imposes longer sentences for repeat sex offenders (and drunk drivers(!)). Measure 76 authorizes the continued use of lottery money for parks.
Measures 74 and 75 appear to be headed for defeat. Measure 74 would legalize medical marijuana dispensaries. Measure 75 would allow a casino to be built in Multnomah County.
Measure 73 has me curious: given the single subject rule, why is a law that increases sentences for sex offenders and drunk drivers allowed on the same measure. Expect a challenge if this passes.
Ballot instructions don't matter.
Posted on Hasen's ElectionLaw Blog... The instructions on ballots for the upcoming New York Governor's race have incorrect instructions:
Although it appears to be too late to fix the ballots, it apparently probably doesn't matter:
In what appears to be yet another "royal screwup," the city Board of Elections printed a sample ballot that instructs voters to fill the "oval above" a candidate's name.
The correct oval is actually below each candidate's name.
Although it appears to be too late to fix the ballots, it apparently probably doesn't matter:
Neal Rosenstein, voting coordinator for the New York Public Interest Research Group, said the error won't have a large impact on voters because most don't even read the instructions.Italics are mine.
Ballot Initiatives by the Pros, for the Pros
The New York Times recently ran this article about professional petitioners and ballot initiatives. As a legal matter, I am not certain how a professional petitioner differs from any other campaign worker, although it does somehow seem less appropriate... The impression I get from the article is the same that I have of the guys who stand in my local supermarket trying to get me to subscribe to the newspaper: a little pushy, and to be avoided at all costs.
Back soon...
I haven't posted recently. I took a much-needed break to go to Italy, and started a few new posts, but they "grew in the telling" as Professor Tolkein once said, and got a way from me a little. More soon.
Saturday, October 2, 2010
Update on worst person...
The subject of my last post has been placed on leave, and will apparently face a disciplinary hearing upon his return. He has also set his blog to "private," which it should have been in the first place.
Wednesday, September 29, 2010
Meet the worst person in the world
And, imagine him slightly worse, and slightly dumber, and you get Michigan's Assistant Attorney General, Andrew Shirvell. Watch this. Read Elie's description on Above the Law. Others have spoken out about this dope in far more eloquent and pointed expressions than I. Also, on a semi-personal note, having just fought my way onto the Oregon Bar, and knowing some very smart, well-intentioned people who are continuing to get there, that this person is a practicing attorney is mind-blowing.
Monday, September 27, 2010
Bar Exams: FAQ
So, the bar exam results are out in your state. Or they aren't, yet, but you're curious. Maybe you took the bar exam, or maybe your husband/wife/special someone did. And you want to make sense of this horrific experience. To make things simpler, I have answered some common questions about the bar exam.
1. Is the bar exam fair? Probably. If you passed, yes. If not, maybe.
2. How can I tell if I deserve to pass? They tell you when you get the results.
3. If I did not pass, how will I know what to improve? They tell you what you could have done better. Presumably, if you do those things, you will do better.
4. Does the bar exam measure legal knowledge? Not particularly.
5. Does a higher score translate into a "better" lawyer? Maybe. No one knows. They don't tell you your score, just whether you passed. So no one has any way of knowing the answer to that question.
6. I failed the first time, what can I do to improve? Do everything that you did well better, and the stuff you didn't do well, do it much better.
7. Does failing the bar mean I'm not as smart as my fellow law school graduates? Probably not. Does it mean I won't be a good lawyer or an effective advocate? Again, probably not.
8. Do good law students fail the bar exam? Yes. Famous law professors and Supreme Court justices failed the first time.
9. Do crappy law students pass the bar exam? Yes. Oh god, yes.
10. I mean, my cousin is an idiot, and he passed. I wouldn't trust him to button my suit, much less file it. Exactly.
11. Who got the best score in the state? No one knows.
12. I thought I aced it. Good for you. No one will ever know. Unless you didn't.
13. If I did really well, can I practice in another state? Only if you pass their bar exam, too.
14. Why does it take so long to publish results? Lawyers are not known for being sensitive.
15. I really think question #27 was ambiguous, and it's been bothering me. How can I find out the official answer? HaHaHaHaHa Releasing answers would cheapen the process.
16. OK, you passed the bar exam, any advice on how to pass it? Study very very hard. Study some more. Listen to all advice. Ignore the stupid advice, but follow the good stuff. Pray, etc. Wish for luck.
17. I heard this year's test was harder than last years'. Is it getting harder? God, I have no idea. Once you figure out the rule in Dumpor's Case, they'll never ask it again.
18. I heard flashcards were a great mnenomic tool? Yes, they were.
19. I also heard flashcards were a huge waste of time. That, too.
1. Is the bar exam fair? Probably. If you passed, yes. If not, maybe.
2. How can I tell if I deserve to pass? They tell you when you get the results.
3. If I did not pass, how will I know what to improve? They tell you what you could have done better. Presumably, if you do those things, you will do better.
4. Does the bar exam measure legal knowledge? Not particularly.
5. Does a higher score translate into a "better" lawyer? Maybe. No one knows. They don't tell you your score, just whether you passed. So no one has any way of knowing the answer to that question.
6. I failed the first time, what can I do to improve? Do everything that you did well better, and the stuff you didn't do well, do it much better.
7. Does failing the bar mean I'm not as smart as my fellow law school graduates? Probably not. Does it mean I won't be a good lawyer or an effective advocate? Again, probably not.
8. Do good law students fail the bar exam? Yes. Famous law professors and Supreme Court justices failed the first time.
9. Do crappy law students pass the bar exam? Yes. Oh god, yes.
10. I mean, my cousin is an idiot, and he passed. I wouldn't trust him to button my suit, much less file it. Exactly.
11. Who got the best score in the state? No one knows.
12. I thought I aced it. Good for you. No one will ever know. Unless you didn't.
13. If I did really well, can I practice in another state? Only if you pass their bar exam, too.
14. Why does it take so long to publish results? Lawyers are not known for being sensitive.
15. I really think question #27 was ambiguous, and it's been bothering me. How can I find out the official answer? HaHaHaHaHa Releasing answers would cheapen the process.
16. OK, you passed the bar exam, any advice on how to pass it? Study very very hard. Study some more. Listen to all advice. Ignore the stupid advice, but follow the good stuff. Pray, etc. Wish for luck.
17. I heard this year's test was harder than last years'. Is it getting harder? God, I have no idea. Once you figure out the rule in Dumpor's Case, they'll never ask it again.
18. I heard flashcards were a great mnenomic tool? Yes, they were.
19. I also heard flashcards were a huge waste of time. That, too.
Tuesday, September 21, 2010
And they say competition is good for the market...
The beer lobby is spending to oppose the California marijuana-liberalization initiative.
http://www.huffingtonpost.com/2010/09/21/this-buds-not-for-you-bee_n_732901.html
Hmmn.
http://www.huffingtonpost.com/2010/09/21/this-buds-not-for-you-bee_n_732901.html
Hmmn.
Why Your Toaster Works Better Than Your Voting Machine
The Atlantic's politics blog offers this discussion.
The key?
The key?
"The instruments entrusted with our democracy, in other words, get less scrutiny than our toasters."As a recent report from the Brennan Center for Justice argues,
"For the vast majority of voting systems in use today, manufacturers are not required to report malfunctions to any government agency, and there is no agency that either investigates such alleged failures or alerts election officials and the general public to possible problems."The crux of the argument is that the US should either go big or go home when it comes to electronic voting machines. Either we go back to paper, flawed but with certain advantages, or invest in a system worthy of its importance to our democracy.
Lisa M... mis-spells her own name in ad!
It's true. In her first post-GOP write-in ad, her name is spelled incorrectly.
http://gawker.com/5644250/write+in-candidate-lisa-murkowski-misspells-name-in-very-first-ad
Unfortunately, it's made even worse by the fact that her name is used in a URL for her campaign website. A fast-moving individual, apparently not a fan of Lisa M., quickly setup a mocking page at the incorrect site. http://lisamurkwski.com/ is the "incorrect," but funnier, site.
http://gawker.com/5644250/write+in-candidate-lisa-murkowski-misspells-name-in-very-first-ad
Unfortunately, it's made even worse by the fact that her name is used in a URL for her campaign website. A fast-moving individual, apparently not a fan of Lisa M., quickly setup a mocking page at the incorrect site. http://lisamurkwski.com/ is the "incorrect," but funnier, site.
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