bk!

Imperious Prima flashes forth
Her edict “to begin it”:
In gentler tones Secunda hopes
“There will be nonsense in it!”

I have heard the demands for a Blawg Review of certain theme. I shall comply. During the time of composition, I have heard a Wonderland reference on Law & Order: Criminal Intent, and witnessed the horrors of Through the Looking Glass on Ice on television. It has given me strength to carry on with this great and delicate task. Namely, that it is difficult to pull off this particular theme without Angering the Contributors. I beg of all of you to forgive me.

As for the rest of you, although my selections were made in order to fit with the theme, I have endeavored to have the best posts of the week in my Review. If you were left out (or that the entirety of my review is not dripping with Wit and Humor), it is merely because I couldn’t make it fit within the alloted time period (i.e., before bed).

DOWN THE RABBIT HOLEHowever, this bottle was not marked “poison,” so Alice ventured to taste it, and, finding it very nice (it had, in fact, a sort of mixed flavour of cherry-tart, custard, pine-apple, roast turkey, toffy, and hot buttered toast), she very soon finished it off.
* * *Soon her eye fell on a little glass box that was lying under the table: she opened it, and found in it a very small cake, on which the words “EAT ME” were beautifully marked in currants. “Well, I’ll eat it,” said Alice, “and if it makes me grow larger, I can reach the key; and if it makes me grow smaller, I can creep under the door: so either way I’ll get into the garden, and I don’t care which happens!”Nonsense first, substance after! More than you ever wanted to know about placentas and related curiosities from the Mommy Blawger, who explores the topic in near-excruciating (only so because of the topic) detail.

THE POOL OF TEARSCuriouser and curiouser!’ cried Alice (she was so much surprised, that for the moment she quite forgot how to speak good English); `now I’m opening out like the largest telescope that ever was! Good-bye, feet!’ . . . Just then her head struck against the roof of the hall: in fact she was now more than nine feet high, and she at once took up the little golden key and hurried off to the garden door.Size Matters. Not just for navigating foreign lands, but also when it comes to copyright infringement. Bill Heinze at I/P Updates considers Prof. Justin Hughe’s most recent work, Size Matters (or Should) in Copyright Law, which sagaciously notes that “The problem with small phrases is not that they always lack originality: The problem is that they are always too small.” Bill takes this concept of smallness and applies it to problems in music and text. Insisting on originality at this granular a level might be more of a moral issue (which is treated quite disparately in the musical and word worlds) rather than an intellectual property issue.

And she went on planning to herself how she would manage it. `They must go by the carrier,’ she thought;` and how funny it’ll seem, sending presents to one’s own feet! And how odd the directions will look!

I indeed hope that you’ll be reading other people’s presents with Feedburner’s new email feature, highlighted by Bob Coffield’s Health Care Law Blog. I have it on Good Authority that there has been an Important Deadline for Complying with Important HIPAA law.

A CAUCUS-RACE AND A LONG TALEThey were indeed a queer-looking party that assembled on the bank–the birds with draggled feathers, the animals with their fur clinging close to them, and all dripping wet, cross, and uncomfortable. The first question of course was, how to get dry again: they had a consultation about this, and after a few minutes it seemed quite natural to Alice to find herself talking familiarly with them, as if she had known them all her life.

Ellen Freedman at Law Practice Management cannily observes “As is often the case, some of the best conversations occur at or near the bar with people you’ve never before met or heard of, or with old friends. Creativity abounds, war stories apply practical context, and great information is garnered. Here is where innovation is often borne, or caught, like a contagion, and brought back to the home town.” The blogs are all atwitter this week with talk of conferences and meetings of bloggers discussing blogging to the audience that most loves to hear of them — other bloggers.

The Berkman Center at Harvard Law is hosting a Bloggership conference this week. Volokhs et al will be conferencing over libations Thursday night and invite other bloggers to do the same.

The LexThink Lounge was held this past week, to complement and augment the ABA TechShow (alas, I was invited, but was obliged to send my regrets). Tom Sherman at Jotsheet culled together some Important Insights from the evening.

Next week’s Blawg Review host, Ben Cowgill, is at TechShow, and will be making reports therefrom. E-discovery is E-portant!
Joe Gratz did a remarkable job liveblogging the “Blog Law and Blogging for Lawyers” conference. If your time is limited, I recommend the report from the luminaries and Nimmer’s talk, mostly because those are the two I chose.

Speaking of take-down notices (which had you followed the links, you would have read, and therefore, if you are confused, you aren’t doing very well at Reading), George Wallace of Declarations & Exclusions and of a fool in the forest has been so kind to write the best post of the week. Now, if you haven’t added George’s blogs to your feed reader, you should promptly chastise yourself.

George, knowing well that a book without pictures is of no use at all, gives us a Squirrel each Easter. This year’s particular squirrel is housed in a painting which is housed in a museum which is housed in Boston. Also housed in Boston is Me. The housing of the squirrel (that is, the painting) also houses the hand of one Henry Pelham which producePaul Revere was a Statesman and a Scoundreld the nearly most famous image of the Boston Massacre, next to only Paul Revere’s engraving of the same. George has given me a most precious jewel for my blawg review, giving me not only a post about copyright and Boston, but also of the earliest known (I have no Oxfordianesque evidence, but I say it is so until I learn otherwise) American cease and desist letter. As such a letter it doesn’t demand either a ceasing or desisting, so it is a truly far cry from modern DMCA takedown notices, but for our purposes it suffices to show that Paul Revere was a Statesman and a Scoundrel.

Because you haven’t been very dutiful about reading my links thus far, I refuse to let you go further until you read this sordid tale of copying.

THE RABBIT SENDS IN A LITTLE BILL There was no label this time with the words `DRINK ME,’ but nevertheless she uncorked it and put it to her lips. `I know something interesting is sure to happen,’ she said to herself, `whenever I eat or drink anything; so I’ll just see what this bottle does. I do hope it’ll make me grow large again, for really I’m quite tired of being such a tiny little thing!’

Alice would be wise to heed the words of Michelle Anderson, guest blogger at Concurring Opinions, examining the effects at trial of the alleged inebriation of victims through the lens of the Duke case. (The inebriation would be during the time of the crime, not, we hope during the trial).

It sounded an excellent plan, no doubt, and very neatly and simply arranged; the only difficulty was, that she had not the smallest idea how to set about it.

David Maister, professional services Caterpillar guru, discusses unique service firm organizations and adding value. Very existential is he, noting that we must determine how and why our firms exists as a firm (firm qua firm, if you will). The Greatest American Lawyer, conversating by about and with Mr. Maister on the same topic, argues that lawyers are dysfunctional, have no vision, and are highly oppositional. It is these very traits that have caused me to completely twist Mr. GAL’s words and entirely misrepresent what he actually wrote.

ADVICE FROM A CATERPILLAR Well! What are you?’ said the Pigeon. `I can see you’re trying to invent something!’ Yes, but why?

Although I clearly cannot abide by that coffee theme, the Baristas have done patents some justice by allowing David J. French to guest-question the topsy-turvy patent system that appears to be encouraging extreme rent-seeking behavior. May It Please The Court and PHOSITA have additional comments that are of interest to patent geeks (written with love).

PIG AND PEPPERCheshire Puss,’ she began, rather timidly, as she did not at all know whether it would like the name: however, it only grinned a little wider. `Come, it’s pleased so far,’ thought Alice, and she went on. `Would you tell me, please, which way I ought to go from here?’ `That depends a good deal on where you want to get to,’ said the Cat. `I don’t much care where–’ said Alice. `Then it doesn’t matter which way you go,’ said the Cat. `–so long as I get somewhere,’ Alice added as an explanation.

It is nearly impossible to describe EthicalEsq from David Giacalone with any real accuracy. I shall simply call it how not.

Most importantly, the local DA’s truly need lessons on how not to appear in the media. (You might remember this has been a problem in the past, and not altogether that long ago.)

A MAD TEA-PARTYThe table was a large one, but the three were all crowded together at one corner of it: `No room! No room!’ they cried out when they saw Alice coming. `There’s plenty of room!’ said Alice indignantly, and she sat down in a large arm-chair at one end of the table.Quite literally, there is no room at the inn. Or is there? Roger Alford at Opinio Juris parses Solum on Bloggership and concludes that in future years entry barriers to blogging will be almost insurmountable to newcomers. Will search problems lead to this old-media conundrum? Will new tools prove that Alford’s theory can be overcome?

THE QUEEN’S CROQUET-GROUND
Off with their heads!’

High Comedy from Leo Stoller.

Leo is clearly in Wonderland. You’ll need to visit to see the honor he has bestowed on JLW, whom I count as enough of a friend not to actually write his name in connection with the site (TinyUrl used to avoid the same).

THE MOCK-TURTLE’S STORYVery true,’ said the Duchess: `flamingoes and mustard both bite. And the moral of that is–”Birds of a feather flock together.”‘

Friends writers can be Friends and filthy Friends at that, even when their secretary is not their Friend. Gowri Ramachandran, guest at Prawfs Blawg argues that society is in a sex panic. Feminist Law Professors subtly contrasts what the California Supreme Court termed “coarse language” with the actual facts.

THE LOBSTER QUADRILLEChorus again!’ cried the Gryphon, and the Mock Turtle had just begun to repeat it, when a cry of `The trial’s beginning!’ was heard in the distance. `Come on!’ cried the Gryphon, and, taking Alice by the hand, it hurried off, without waiting for the end of the song. `What trial is it?’ Alice panted as she ran; but the Gryphon only answered `Come on!’ and ran the faster, while more and more faintly came, carried on the breeze that followed them, the melancholy words:– `Soo–oop of the e–e–evening, Beautiful, beautiful Soup!’Does it matter whose trial it is, if everyone still gets to sue? Used & Unusable has some reminders on class action tolling rules.

As long as we have a Trial!

WHO STOLE THE TARTS?In the very middle of the court was a table, with a large dish of tarts upon it: they looked so good, that it made Alice quite hungry to look at them–`I wish they’d get the trial done,’ she thought, `and hand round the refreshments!’

Colin Samuels at Infamy or Praise gets a brief mention for his Great Contributions to Blawg Review and also for mentioning food.

Alice had never been in a court of justice before, but she had read about them in books, and she was quite pleased to find that she knew the name of nearly everything there. `That’s the judge,’ she said to herself, `because of his great wig.’

Both law clerks and law students may have too much Time. Ian Best, however, receives the all important Academic Credit for his work at 3L Epiphany, has assembled a list of Law Reviews that cite blogs, to follow up his other list of law clerks legal opinions that cite blogs.

`And that’s the jury-box,’ thought Alice, `and those twelve creatures,’ (she was obliged to say `creatures,’ you see, because some of them were animals, and some were birds,) `I suppose they are the jurors.’ She said this last word two or three times over to herself, being rather proud of it: for she thought, and rightly too, that very few little girls of her age knew the meaning of it at all. However, `jury-men’ would have done just as well.

The Bashman (at How Appealing’s new home) reports that Jurors are Liars (or so sayeth the former Illinois governor).

The twelve jurors were all writing very busily on slates. `What are they doing?’ Alice whispered to the Gryphon. `They can’t have anything to put down yet, before the trial’s begun.’ `They’re putting down their names,’ the Gryphon whispered in reply, `for fear they should forget them before the end of the trial.’ `Stupid things!’ Alice began in a loud, indignant voice, but she stopped hastily, for the White Rabbit cried out, `Silence in the court!’ and the King put on his spectacles and looked anxiously round, to make out who was talking.

Jonathan B. Wilson disagrees. Jurors are not liars. They are dodos. (Actually, that the prosecutors are dodos for engaging in a trial strategy that makes corporate decision-making a even murkier affair. But I’m afraid that’s mere quibble)

`Herald, read the accusation!’ said the King. On this the White Rabbit blew three blasts on the trumpet, and then unrolled the parchment scroll, and read as follows:–

The Queen of Hearts, she made some tarts,
All on a summer day:
The Knave of Hearts, he stole those tarts,
And took them quite away!’

`Consider your verdict,’ the King said to the jury. `Not yet, not yet!’ the Rabbit hastily interrupted. `There’s a great deal to come before that!’

JD Hull considers at What About Clients how to be best friends with opposing counsel.

ALICE’S EVIDENCESome of the jury wrote it down `important,’ and some `unimportant.’ Alice could see this, as she was near enough to look over their slates; `but it doesn’t matter a bit,’ she thought to herself. Mike at Crime & Federalism points to a shoddy suspect identification procedure (see the PDF in his post). Norm Pattis of the same talks lineup. This would be the appropriate time to suggest that in a Certain case involving Certain students from a Certain school known as Duke that the IDs the accuser made are likely to be discarded.

`No, no!’ said the Queen. `Sentence first–verdict afterwards.’

9 in 10 Americans prefer Conviction over all other brands of Justice. KipEsquire considers whether terrorists or wrongful conviction are a bigger risk.

TWEEDLEDUM AND TWEEDLEDEE (BONUS CHAPTER)A warm welcome to the land of blog to some of my favorite lawyers, Saunders & Silverstein, who are blogging as Legal Fixation. Lest you think I am an ungrateful sort of wretch, Approval and Consent to label them underneath this chapter was procured several days ago (and I wouldn’t dare to call either of them the former of the Tweedles). As Franklin Pierce grads, they seem well equipped to comment on FP’s Great Experiment to get rid of the bar exam.

“The time has come,” the Walrus said,
“To talk of many things:
Of shoes–and ships–and sealing wax–
Of cabbages–and kings–
And why the sea is boiling hot–
And whether pigs have wings.”

Small firms talk about value. Big firms talk about compensation. Bruce MacEwen is funny. Associates at large firms should consider if the cash in exchange working like dogs in order to prepare for large firm partnership is worth all that. Bruce’s post at Adam Smith, Esq. concludes that paying associates their salaries is probably justified. Otherwise they would starve. [Prize for first reader to email me with the relatively blatant allusion.]

Blawg Review has information about next week’s host, fellow Solo Ben Cowgill, and instructions how to get your blawg posts reviewed in upcoming issues.