Blawg Review

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

Blawg Review #107

Professor Bainbridge is absent, having been summoned to Washington, DC, this week to fix the government, so I've been asked to substitute for him today. I'm Professor Kingsfield. Some might remember me from Blawg Review #60 or Blawg Review #80, but the older readers here, and most of the law professors who are sitting in with us today, probably remember me better from my award-winning performance in The Paper Chase. It's an oldie but goodie, as films about law students and professors go, but recently a law student and amateur film critic compared the law school experience to these movies instead. Like many before him, he came into law school with a skull full of mush and leaves thinking like a lawyer...well, lawyerlike.

Many of you are already familiar with the Socratic Method of teaching in law schools, so let's begin, shall we?

The big case decided by the Supreme Court of the United States this past week, at least for patent attorneys like the host of last week's Blawg Review #106, was KSR v Teleflex. Have you noticed that everyone seems to be talking about KSR? Mr. Albainy-Jenei? Would anyone like to give us a complete analysis of the case? Mr. Buchanan

Mr. Manevitz, can you copyright a number, say, like the HD-DVD Processing Key? And does anyone have any thoughts on the controversy over the publication and censoring of posts disclosing that encryption key publicly on the Digg website? Ms. Denise Howell?

Can lawyers be good team players? Ms. Stephanie West Allen.

What will drive change in law firm culture? Mr. Herz.

What's the problem with women partners in law firms? Mr. MacEwen. Why, despite the fact that men and women enter law firms in roughly equal numbers, do women become partners at relatively low rates? Professor Lisa Fairfax.

Is that a video you're watching on that iPod? Speak louder, Mr. Hart! Fill the room with your intelligence!

Should custody arrangements in a divorce case be affected by a child's gender-identity issues? Ms. Jen Burke.

If you pay for an auction you won on eBay and the seller does not deliver, what can you do? Mr. Trout.

For those of you who draft legal documents, here's a question. Does justified text have anything going for it for purposes of word-processed documents? Mr. Adams.

Would the amended Hate Crimes Act, passed by the House this past week, be constitutional? Professor Lederman.

Can a person be charged with theft (class b misdemeanor) if merchandise was not found on a person? Or is this considered attempted theft? If so what is the difference and maximum punishment for each? Mr. Spencer.

What do tomorrow's voters think about criminal justice? Ms. Cowden.

What is the key to regulation and accreditation of legal process outsourcing companies? Mr. Ross.

There are few issues as divisive and polarizing as abortion. Would anyone like to give us an outline of the issues, considering the recent cases? Ms. Nicole Black.

Can a lawyer successfully argue a "competing harms" defense in an appeal of a drunk driving conviction of a man who said that he only drove to avoid the threat of a fight outside a bar? Mr. Nye.

Does a police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders violate the Fourth Amendment? What if it places the fleeing motorist at risk of serious injury or death? Mr. Greenfield.

Can anyone give us a run-down of the Supreme Court's recent decision in Scott v. Harris, the high-speed car chase case? Professor Kerr. Now that the Supreme Court has placed a police video online in Scott v. Harris, the question presents itself: What other materials will be placed online? Mr. Turkewitz, any thoughts?

Can a municipal government sue in a quasi-parens patriae posture – that is, where it's suing over response costs created by purported injuries to its citizens rather than for damage to government property, or something similar? Mr. Hermann.

It's been reported recently that a law professor's survey found over half of lawyers have billed clients for work they didn't do, or work they didn't need to do. How did the law profession get to this point? Mr. Green. Would you like to comment on this survey, Professor Maule? Would you'd like to add something, Mr. Frank?

The most valuable thing you could ever provide to your client is good strategic thought. When was the last time you sat down and fully documented what the next steps were in your matter. If your client called today, could you tell them exactly how you are going to win their case or achieve the value you've defined for them on the front-end? Mr. Enrico Schaefer.

Is the mere act of forwarding an email or posting an exchange to a website is grounds for legal action? Mr. Nieporent. Are we overlawyered? Mr. Olson.

Can a notice of claim filed in a non-lawsuit by a lawyer who is not then retained by the potential litigant be valid? Mr. Freilich.

Have any of you sharp brains read any good articles lately? Any good books? Mr. Williams. Any good blogs? Ms. Monica Bay.

What's that? Is that an animal you've brought in here? I'm afraid you'll have to leave now, and take your friends with you. Class, please don't encourage these guys by laughing. It's too bad our serious study of the law has to be disrupted by a few who seem more interested in just getting together with friends and having fun. Since when is the practice of law supposed to be fun? Class dismissed.

Oh, one last thing. Remember, next week's host is Arnie Herz, and here are the guidelines for getting your law-related blog posts reviewed in the following upcoming issues:

See you all there.