July 04, 2009

If Your Life And Liberty Were On The Line, Would You Sign?

Execupundit.com: Independence Day: Would You Have Signed?. I was going to leave it at one celebratory, thanks giving, post today, until I saw this great post from Michael Wade at Execupundit. It is a great exposition of the courage shown by the founding fathers when they signed the Declaration of Independence. It is one thing to become angry about injustice. It is quite another to put your life and freedom on the line to fight it. What Would You Do?

Independence Day

Independence Day (United States) - Wikipedia, the free encyclopedia. Independence day I woke up this morning on the side of a mountain in North Carolina. I am visiting the inlaws, and the cool weather is nice. Outdoors up here feels like AC indoors in Florida.I am the most popular person in the family up here, because I brought my Verizon broadband stick and my portable router. The living room has become like an Internet cafe; I let the kids know that they better be good, because I hold the power of the Internet in my hand. When I awoke, I walked out on to the porch, and there were 16 elk grazing in the field below. So peaceful and oblivious to my presence. This quiet moment reminded me that today is the Fourth of July, more accurately referred to as Independence Day. We are a free people because we can have peaceful moments, and because brave men and women put their lives on the line for us. How do you say thank you for your freedom? I think you just say it, and go on your way.

June 21, 2009

I Love The Smell Of Newsprint In The Morning

Slashdot News Story | The Newspaper Isn't Dead Yet. Newsboy As long as the Kindle DX (you know the great big one) costs $489, and you have to pay money to download subscriptions to newspapers, this author postulates that the newspaper isn't dead yet. I agree. I love smelling the newspaper in the morning; especially on Sunday, when the heft and weight of it gives a tactile response to my senses. Next to a hot cup of coffee, it is a rite of passage from slumbering old man to fresh, energized and knowledgable young man. Modern offset presses have lessened one of the other tactile sensations of the old newspapers I grew up with; smearing printer's ink. Oh, well, all progress isn't bad. I will continue subscribing to my local paper; after all, who wants to be responsible for putting the paper boy out of business?

June 01, 2009

Newspapers And Magazines Charging Subscription Fees Online - Survival or Insanity?

Time Magazine May Join Newspapers In Committing Suicide By Charging Online | Techdirt.Newspaperonline I recently posted about the exodus of newspapers to the Internet. This inexorable shift to the medium where the people are has raised some interesting questions about the financial survival of newspapers and magazines in an Internet age. For decades, the combination of the subscription and advertising business models have served the publishers well. On the Internet, however, the subscription model hasn't worked, partially due to the mindset of Internet users. On the Internet, information is supposed to be free. Is it insane to charge subscription fees for Internet content? It will, of course, limit the number of eyes on the product. However, hasn't that always been the case? People who really want a particular subset of content have always been willing to pay a reasonable subscription charge. Perhaps, the newspapers and magazines should stay with what works; then, if the numbers don't work out, abandon the subscription model, or go out of business. It is safe to say that there won't be any newspaper or magazine publisher bailouts. Frankly, I don't understand the comments that seem to think that the death of newspapers will be the death of journalism. Perhaps the opposite is true. Maybe the true journalists will be people who have jobs and careers, and who share their knowledge and insights with the world for free. When did newspapers gain a monopoly on truth and justice?

May 25, 2009

The Most Solemn American Holiday

Society and Culture Topic Player. Memorial day Memorial Day is the most solemn American holiday. This History.Com video examines the history of the day, and some of the wars and observances begun by John Logan of the Union Veteran's Association as Decoration Day. Spend some time today remembering the veterans who have given their lives so that you can be free.

April 24, 2009

Euphemisms And Irony And Lions And Tigers And Bears, Oh My!

Recession Reporter Laid Off... Denied Chance To Publish Final Piece About Getting Laid Off | Techdirt.Wizardofoz Now is the winter of our discontent, the poet said. Of course, the irony of being "laid off" for writing a final story about being "laid off" is not lost on me. I prefer to focus on the rise of euphemisms in our culture; stemming from a desire not to "offend" or speak words that will cause pain. When did we decide that calling a job termination something else would ease the blow? Of course, firing a reporter for doing a series about firings raises more questions about the employer than it does about the employee. When you are deciding what kind of law you practice, consider one of the advantages of going solo. If a client fires you, you aren't out of a job. You just need to find another client. Let's go down the yellow brick road, and see what we can find.

April 22, 2009

A Lawyer's Nightmare

USNews.com: Political Bulletin: Wednesday, April 22, 2009. Man covering his ears with his hands uid Sometimes, I get the feeling that being a lawyer today is like being the lead character in a bad movie version of "Alice In Wonderland"; only nobody gets the satire. I deplore some of the worst practices of politicians in the past few years, insofar as they can be described as "torture". However, do we now intend to criminally charge the White House lawyers who gave opinion letters based upon a "tortured" (pardon the pun) interpretation of statute and case law? Whether you agree or disagree with the legal opinions of lawyers serving a client who is, in your opinion, wrong politically, do we really want to go down the slippery slope of threatening to prosecute lawyers criminally for their legal opinions? I predict that, regardless of political beliefs and desire for political revenge, such prosecutions would ultimately come back to bite those who suggested them in the first place. Every lawyer representing an unpopular client should be quaking in his or her boots over this one.

April 12, 2009

The History of Easter - History.com

The History of Easter - History.com.Three_crosses While Easter is a Christian holiday, it has Pagan roots, and the commercial exploitation by modern America makes it a holiday with something for everyone. In my Catholic tradition, it is a celebration of the central Christian truth, the resurrection of Jesus Christ. Whatever your tradition or religion, however, have a happy and blessed day.

March 26, 2009

Apple refund clause: Bad for developers? | Apple - CNET News

Apple refund clause: Bad for developers? | Apple - CNET News.Appleworm Consumer lawyers know that the Uniform Commercial Code makes contracts of adhesion, which contain unconscionable provisions, unenforceable. However, this protection only applies to consumers, as defined in the Code. However, any contract in which there is unequal bargaining power, and in which one side dictates terms that are "unconscionable", are looked at carefully by the Courts. In the case of the Apple Store, software developers must sign a clause that gives Apple 30% of the fee for the software, and then permits Apple to refund the entire amount to the consumer if the consumer demands a refund within 90 days. If that happens, the software developer must reimburse Apple, and Apple gets to keep the commission. Apple, are you blushing?

March 18, 2009

Lawyers Use Juror's Twitter Messages As Basis For Appeal | Techdirt

Lawyers Use Juror's Twitter Messages As Basis For Appeal | Techdirt. Jurors have always been human, and they carry those human prejudices and stupidity into the jury room. However, technology has made it easier to discover mistakes and misdeeds, and juror malfeasance is no exception. Everyone seems to think that a tweeting juror is some kind of new experience. In fact, the only new thing here is the use of a new technology. Just as lawyers adjusted to email and the web; lawyers doing voir dire will adjust to Twitter. Of course, a Judge's instruction to jurors not to twitter or email or browse the web during trial won't mean anything to the idiots among us. Jurors, don't be a twit. Keep the twittering at home.

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