Blawg Review

It's not just a blog carnival; it's the law! ~ a fool in the forest



The Carnival of Law Bloggers


Blawg Review is the blog carnival for everyone interested in law. A peer-reviewed blog carnival, the host of each Blawg Review decides which of the submissions and recommended posts are suitable for inclusion in the presentation. And the host is encouraged to source another dozen or so interesting posts to fit with any special theme of that issue of Blawg Review. The host's personal selections usually include several that reflect the character and subject interests of the host blawg, recognizing that the regular readership of the blog should find some of the usual content, and new readers of the blog via Blawg Review ought to get some sense of the unique perspective and subject specialties of the host. Thanks to all the law bloggers who collaborate to make Blawg Review one of the very best blog carnivals of any genre.

Colin Samuels, Blawg Review Sherpa Emeritus, describes it best. "Where once we were isolated legal students, practitioners, and academics who could share our thoughts only with those in proximity, blogging and social media have turned us all into a kind of "other memory" for one another. The knowledge, experience, and insight we are able to access here, within our ever-expanding networks of colleagues and friends, colleagues-of-colleagues, friends-of-friends, is nothing short of amazing. By participating, we are able to give and receive and grow beyond ourselves while allowing others to grow as well. Thanks to our tools, these memories need not fade or become inaccessible, but we should always keep in mind that tools do not create — we do."

Learning to Fly

"For most gulls, it is not flying that matters, but eating. For this gull, though, it was not eating that mattered, but flight."
Jonathan Livingston Seagull


Jonathan Seagull discovered that boredom and fear and anger are the reasons that a gull’s life is so short, and with these gone from his thoughts, he lived a long fine life indeed.
How much more there is now to living! Instead of our drab slogging forth and back to the fishing boats, there’s reason to life! We can lift ourselves out of ignorance, we can find ourselves as creatures of excellence and intelligence and skill. We can be free! We can learn to fly!
Inspired by Jonathan Livingston Seagull, the editor of Blawg Review will be flying around the country on a JetBlue "all you can jet" pass, wherever these wings take me. Learning to fly; learning to be.



You can follow the journey by reading this blog post, which will be updated frequently in the days and weeks ahead. Last year, it was 22 flights in a month; this year, maybe more. Like a bird on the wire, I'll be tweeting @blawgreview and might even check in from time to time on foursquare to let followers know exactly where I'm at on this remarkable adventure.


Let's begin, where photographed above, at the Montage Resort in Laguna Beach, California. Where to next? You tell me.

Disappeared



Mirriam Seddiq at Not Guilty hosts Blawg Review #279 marking the International Day of the Disappeared.

Slavery Days @ Blawg Review



Omar Ha-Redeye hosts Blawg Review #278 at Law is Cool to mark the International Day for the Remembrance of the Slave Trade and its Abolition.

Lord Stanley's Mug Shot



Chicago IP Litigation law blogger and unapologetic Chicago Blackhawks fan R. David Donoghue hosts this week's Blawg Review #277. Having attended a playoffs game in Chicago as Dave Donoghue's guest, I really hope he sees his Stanley Cup on display at the Hockey Hall of Fame this year.

Indigenous Peoples Day

Blawg Review #276 is hosted by IP.com on Securing Innovation marking the International Day of the World's Indigenous People.

Included in this week's Blawg Review is a case involving Don Henley of the Eagles who, despite his disdain for YouTube, might approve of the use of this video clip of a performance of The Last Resort to raise awareness for indigenous people on this special day.

Trust Matters for Lawyers

Charles H. Green is hosting Blawg Review #275 on Trust Matters. Charlie is not a lawyer but he did go to Harvard Business School, and he's the co-author of one of the most important books any lawyer will ever read: The Trusted Advisor.

A few years ago, I wrote a recommendation of this book for the Reading Minds column in Law Practice Magazine, which can be found online at ABA Net in the wayback machine. If you Google hard enough for that book review, here's what you'll find:
The theme of The Trusted Advisor (Free Press, 2000) is that the key to professional success is not just technical mastery of one’s discipline, but also the ability to work with clients in a way that earns their trust and gains their confidence. This book is a seminal treatise on the subject of trust.

Most, if not all, young lawyers starting out as new associates in established firms want to get ahead as fast as they can. Freshly minted from a competitive law school environment, they typically think being the best lawyer is all about mastering the law. Authors David Maister, Charles H. Green and Robert M. Galford write this:
“Then comes that crucial career transition, from technician to full professional, from content expert to advisor. As technicians, our task is to provide information, analyses, research, content and even recommendations. All of these are basically tasks performed out of the client’s presence. In contrast, our task as advisors is an ‘in-person,’ ‘in-contact’ challenge to help the client see things anew or to make a decision. This requires a complete change of skills and mind-sets.”
Lawyers who make this career transition, achieving the status of trusted advisor, know the meaning of true professionalism and, unlike so many of their colleagues, really enjoy the practice of law. For young lawyers starting out, there’s no book I’d recommend more highly than this one.

Ed Post, is the pseudonym of the Editor of Blawg Review, a weekly carnival of the best law blogs presented on a different host’s blog every Monday. Ed was a young lawyer himself, almost over 30 years ago.
The Trusted Advisor is a great book for lawyers, but don't just take the word of an anonymous blogger. Read the book and decide for yourself.

While you're waiting for Amazon to deliver The Trusted Advisor, you might want to pick Charlie's brain on his blog, Trust Matters, where he's hosting Blawg Review #275.

The Carnival of Trust

We've hosted the Carnival of Trust before. It was here on the Blawg Review blog that the founder of the Carnival of Trust, Charles Green, took the show on the road in August 2007, letting us host the first of these trust carnivals away from the big top at Trust Matters. The Carnival of Trust has had a great tour since then, over the past three years, stopping along the way at some great law blogs familiar to our readers.

Last month's Carnival of Trust hosted by lawyer Doug Cornelius is a tough act to follow--what with the circus clowns and all--so if we're gonna try to trump that performance, we should probably open with the King, in Las Vegas, and Cirque du Soleil.



The performers of Cirque du Soleil exemplify professionalism and trust. Opening with "Jailhouse Rock" is a nod to the lawyers in the house and regular followers of Blawg Review, the blog carnival for everyone interested in the law. Ending with "Suspicious Minds" reflects the larger view of trust that is the scope of the Carnival of Trust.

Now, without further ado, let's get on with the show!

Where better to start than at Trust Matters, as Charles H. Green and Rich Sternhell have co-written a couple of posts about restoring trust and confidence in business. In their post titled CNBC Asks Experts How to Improve Confidence in Business: Hmmm.. Sternhell and Green look critically at a recent panel discussion of experts in the mainstream media. In a follow-up post to that constructive criticism, these trusted advisors offer their recommendations for Restoring Trust and Confidence in Business. "Talk about a simple, succinct recipe for restoring trust in business!" adds Don Peppers, of Peppers & Rogers, in the comments on Trust Matters.

Do journalists collude with one another on how to "spin" stories? On developing "talking points," just like politicians? Do they share ideas on some kind of JournaList? David Warren discusses The Trust Thing.

Ruth Suehle, a writer and editor for Brand Communications + Design at Red Hat, blogging on opensource.com, has some interesting thoughts on Trust, transparency, and WikiLeaks: Who gets to have control?

In an article on Salon headlined Project Vigilant and the government/corporate destruction of privacy, Glenn Greenwald writes, "Project Vigilant is but one manifestation of a booming and unaccountable industry: groups which collect vast amounts of highly informative data about American citizens -- particularly their Internet activities -- and then sell it or otherwise furnish it to the U.S. Government."

Though social-networking sites like Facebook are growing in popularity, they are not necessarily satisfying their customers, according to a recent survey. David Toussaint wrote a very interesting article about how he got disappeared by Facebook, leaving him feeling rather, well, unsatisfied to say the least.

Facebook is about transparency. What about those who would choose anonymity?

Mike Wokasch, on Pharma Reform, a blog about transforming pharmaceutical companies in an era of healthcare reform, writes that Perceptions of the Pharmaceutical Industry can make Normal Business Practices seem Unethical or Illegal. He says, "It all boils down to a lack of trust and credibility. The industry can’t even credibly defend itself to maintain normal business practices because there are just too many cases that demonstrate companies are willing to betray this trust and take advantage of the market for financial gain. Unfortunately, the pharmaceutical industry doesn’t seem to be too concerned or you would have seen a dramatic change in behavior." In the comments to this blog post, Charlie Green adds, "You can blame lawyers, PR people, marketers, or general management: but until pharma stops focusing on preventing risk, and instead gets comfortable with telling the truth, they will not earn the reputation for trust and credibility that you rightly suggest they need."

What should business-minded lawyers advise when their corporate clients ask what to do when a bribe is suggested to get a deal done? Alexandra Wrage, President of TRACE, wrote on The Huffington Post an interesting article about Bribery as a Business Strategy.

Chris Brogan, co-author of Trust Agents, wrote an interesting blog post about How Trust Agents Empower Business Benefits. Comments ensued.

"Sales organizations at companies like Xerox, IBM, and the Chicago Blackhawks consider customer-centricity in every part of the sales cycle, from prospecting to lead management to post-sale activities," writes Elizabeth Glagowski at 1to1 Media, in an interesting article about The Customer-Focused Sales Cycle. Apple, not so much.

Brian Galvin at Aria tells a story about trust in customer service and in a subsequent blog post titled Trust, but Verify tells of another situation from his consulting career where a similar type of situation was occurring, and where it was fixed simply and effectively.

Dr. Leslie Gaines-Ross, on ReputationXchange.com, asks, "Is Civility a Reputation Driver?"

John Gapper, at BusinessDay, wrote about how not to salvage a corporate reputation with reference to BP Chief Executive Tony Hayward. "Not everything Hayward did was wrong, and nor was poor public relations the only cause of his downfall. Hayward’s fate was sealed when BP’s early plans to cap its well failed, leaving oil still spewing. As one of BP’s advisers argues: 'This is not a PR disaster; it’s a disaster.'"

Bret Simmons wrote an interesting post Leadership Integrity, Value Congruence, and Employee Engagement with thoughtful links to related subjects: "Leaders with integrity in the eyes of their employees speak and act in ways consistent with what employees value. The leader’s personal behavior reflects values congruent with employee values. As leaders inspire others to enact their best selves and stretch for higher and higher levels of performance, they never expect values to be compromised, and they never accept compromise in their own behavior or in the behavior of others they have been given the privilege to lead." How many lawyers have leadership integrity, as viewed through the eyes of their partners, associates, employees, and clients?

When will you trust someone again? Art Markman, a cognitive scientist at the University of Texas whose research spans a range of topics in the way people think, says attitudes affect beliefs by making them more coherent. "There is even evidence that these mechanisms are at work in juries making decisions about court cases," writes Markman writes in Psychology Today. "Dan Keith Holyoak and Dan Simon studied people playing the role of jurors in a 1999 paper in the Journal of Experimental Psychology: General. They found that as jurors came to believe that someone was guilty, they focused more on evidence consistent with guilt than on evidence consistent with innocence. Conversely, as jurors came to believe that someone was innocent, they relied more on information consistent with innocence than on evidence consistent with guilt."

Professor Mark Liberman, an expert in linguistics at UPenn, who with his colleagues at Language Log long ago helped us lawyers agree to disagree on the use of the portmanteau word "blawg" for law blog, has an entertaining post this week about the art of conversation. Bloggers and commenters alike will appreciate the included blog post "Conversation" in which Dilbert cartoonist Scott Adams wrote, "...I believed that conversation was a process by which I could demonstrate my cleverness, complain about what was bugging me, and argue with people in order to teach them how dumb they were." Sound like a blawger?

Peter Friedman, Associate Professor, Legal Analysis & Writing, Case Western Reserve University School of Law, wrote provocatively, Own your words. Anonymity is cowardice, and cowards aren’t known for their wisdom. The ongoing discussion in the comments to that post is why we read lawyers who blog, including those we trust who remain anonymous, wisely. Professor Friedman's follow-up post, Anonymous online writing: bad writing that wouldn’t see the light of day if the writer knew readers could match the words to the person, continues the discussion of anonymous blogging with often insightful and sometimes incendiary commentary. You thought law blogs would be boring?

Well, then you don't read Simple Justice religiously and haven't met the new Scott Greenfield, No More Mister Nice Guy.

That's it for the Carnival of Trust. No, really, that's it.



Elvis has left the building but there's more blog carnival goodness for you at Trust Matters, where our good friend and mentor Charlie Green is hosting Blawg Review #275.

Are You Disabled?

Reading this week's Blawg Review #274 at LoTempio Law Blog, celebrating the 20th anniversary of the passing of the Americans With Disabilities, Act got me thinking. If I had one of the disabilities covered by this legislation, would I have had the courage to overcome adversity and become a lawyer? Could I pass the Bar Exam with one hand tied behind my back? Could I blog with one hand? Would I even try?
"The next time you're ready to call in sick because you got a paper cut on that really painful place between your thumb and pointer finger," you might want to think about these courageous people who persevered and turned their "disabilities" into superpowers.
Among our law blogging peers, Vinny LoTempio is that kind of superlawyer.

Weekly Law School Roundup

We've been following the Weekly Law School Roundup for many years, since it was started by attorney Evan Schaeffer, one of the bloggers who's been with Blawg Review from the very beginning. Evan hosted Blawg Review #1.

If, like Evan Schaeffer and me, you're a fan of the Weekly Law School Roundup, you might like Blawg Review, too. It's usually hosted by lawyers but sometimes by law professors and, yes, even students. One such student was Dave Gulbransen, who hosted Blawg Review #182 having just passed the Bar Exam. "Dave!", you might have noticed, was one of the law student bloggers linked by Evan Schaeffer in the very first Blawg Review, and Gulbransen has hosted Blawg Review five times since then -- four as a law student and, most recently, as a lawyer.

If you're one of the regulars here who reads Blawg Review every Monday, you might also enjoy the Weekly Law School Roundup on Sunday, alternating between Evan's blog Beyond the Underground and a student who's been snickering in the back row since 2007. You can find some recent roundups in the "At the Law Schools 2" category on Evan Schaeffer's Legal Underground, as well as sixty or so older roundups from 2004-2005 here on his blog.

This week, the editor of Blawg Revieiw is filling in for the scheduled host of the Weekly Law School Roundup, a law student who's in the middle of studying for the Bar Exam.




While the scheduled host of the Weekly Law School Roundup #235 has been falking walking the dog instead of studying in the library, the hard-working editor of Blawg Review has been reading blog posts from the past week by law students, some current or almost current, and some recently-graduated. Here's a few we'd like to share:

Do Not Tell Me How Hard The First Year Is

So Anxious

Coping Mechanisms in Law School

This is Madness!

take a deep breath and Practice. in that Order.

Despite what you may have been told, judges and lawyers aren't all saints and angels

Transferring: would you stay or would you go?

Wednesday Morning Garden

Surviving The Bar Exam, Part XV

Fucking Bad Timing

Please stop telling me I'm going to pass the Bar.

That last post was also selected by Evan Schaeffer for the previous Weekly Law School Roundup #234, but it's a poignant post by a law student facing the fate of a Bar Exam like a death row inmate awaiting a parole hearing, so, hopefully, readers who have been there, done that, might take a few minutes to read and comment with their experience.

One more before the bar

Well, that was fun.

It's Supposed to be Fun



Blawg Review #273 is up at ninetyfiveyears, a blog about technology, media, culture and the law.

Future hosts of Blawg Review will probably need to spend more time in the library working on their presentations if we're to continue to be the best blog carnival; or at least spend more time reading law blogs.

If you don't like reading law blogs, you'll probably not have fun hosting Blawg Review.

H/T to Professor Gordon Smith at The Glom for the video from BYU, which was submitted for this week's Blawg Review.