12/19/08

The "Must Read" Blog Posts of 2008 - Compiled with the help of my Twitter mates

I ask a simple question, and I get a simple answer (173 answers to be specific). It all started out with me thinking of some of the posts that we wrote here at 3 Geeks and a Law Blog, that probably only got read by a dozen or so people. I thought that I'm probably not alone in this, so I asked those that follow me on Twitter to let me know if they had something they wrote, or read, that they thought more eyes should look at. Well, they didn't fail me. The compilation below was word of mouth (or Tweet of Twitter) only. And, I'm very happy that so many of you replied (some more than once!!) The only order to this list is the date the original post. Other than that, they are simply those articles that folks I know through Twitter felt were worth reading. Some are legal; some are library; some are technical, while others are only a sentence or two; some are funny, some are angry and others sad; most are this year's, but a few are last, with one being five years old. I've enjoyed compiling the list and skimming over most of these articles (and sitting down and reading some two or three times.) The list is rather long, but I felt that splitting it up would take away from the overall feel of what I was trying to do. You don't have to digest this all at once. Feel free to bookmark this and come back from time to time when you want to read something you know was good enough for someone to recommend. Thanks to all who contributed and wrote these posts. Happy reading!!
  1. The Mirrored Spheres of Patagonia - UpsideDown 12/04/03 Submitted by @pennyedwards Matt takes a reluctant journey of discovery - It comes as no surprise that reconstructing a civilisation with an ascent contemporary with the unification of Egypt's Upper and Lower Kingdoms is the job of a lifetime, especially one which left behind no written record. What is more of a surprise is that such a resolutely non-literate culture should have left so much to discover.

  2. Tellabs: Securities Lawyers React - Wall Street Journal Law Blog 06/21/07 Not a 2008 post, but my friend Terri Lawrence felt it was still relevant. At first blush, the courts 8-1 Tellabs ruling appeared to be another blow to securities-fraud lawsuits at the hands of the Supreme Court. But after canvassing the legal beagles who pay close attention to this area, it seems that the decision ain’t so bad for the plaintiffs bar

  3. How I use Twitter, and you? - Web Strategy by Jeremiah 11/29/07 Submitted by @TonyXavier Everyone will approach Twitter in a different way, and should find the way that works for them, here’s my approach on Twitter:

  4. ORIENTATION SERIES: 21 STEPS TO BECOMING A BETTER LEARNER -Lawsagna Blog 12/11/07 Submitted by @Lawsagna Reflective learners are better at learning because they regularly look for opportunities to improve the learning process. They are also likely to use their new knowledge more effectively and purposefully. What distinguishes reflective learners?

  5. 'You Ask...I Answer' - How Does One Start a Solo Practice in the Midst of Seeming Economic Crisis? - Build a Solo Practice, LLC 12/17/07 Submitted by @timothyevans with comment that this post may not be from 2008, but it gave him the confidence to start his own practice. Question: I'm a 1L who's interested in going solo when I graduate or shortly after. Something that's been on my mind recently is how the approaching recession and/or limitations on credit will affect those of us who are starting from scratch.I came across this article in the L.A. Times (see below), which confirms for me that other people are at least thinking this might be a problem.

  6. What's With the Peas? - Boobs On Ice 12/19/07 Submitted by @minasirkin When I discovered a very thick area in my breast I called the doctor. The next day I was in her office. A half hour after that I was in the diagnostic radiologist's.

  7. Why Happy Lawyers are Happy: From the Declaration of Independence to Neuroimmunity - Settle It Now - Negotiation Blog 01/12/08 Submitted by @vpynchon My brilliant and talented step-son who is beginning legal practice this coming Monday is worried about career satisfaction. When I suggested that he read my "Why Lawyers are Unhappy" article, he said, "I'd far prefer to read an article about why lawyers are happy."

  8. Legal Process Outsourcing (LPO): 2007 and Beyond - Legal Process Outsourcing 01/14/08 Submitted by @RossMark Over the course of the last couple of years leading law firms have begun to wake up to the reality that we live and operate in a global marketplace. Technology enables an increasing array of legal support services and higher value legal work to be outsourced offshore.

  9. Eat Food. Not Too Much. Mostly Plants. - Angry Fat Girlz 01/19/08 Submitted by @annemyers Michael Pollan's new book In Defense of Food: An Eater's Manifesto is debuting at No. 1 on The New York Times best-seller list this weekend. After reading a Times' interview with Pollan, my copy of the book is winging its way to me from Amazon.

  10. Reinventing Patent Law - ABA Journal Magazine 02/01/08 Submitted by @ErikJHeels Stephen Comiskey thought he knew a good thing when he saw it. And plenty of others felt the same way. The 1998 decision by the U.S. Court of Appeals for the Federal Circuit in State Street Bank & Trust Co. v. Sig nature Fi nancial Group Inc., 149 F.3d 1368, had opened enormous new opportunities for astute entrepreneurs.

  11. The Marketing of the President 2008 - Patrick Ruffini 02/13/08 Submitted by @ErikJHeels Which one of these logos is not like the other? Even with the telltale red, white, and blue of the Obama logomark, the answer is none of them.

  12. What diversity looks like today - Law21.ca 02/14/08 Submitted by @stevematthews Back in November, before this blog started up, the National Association of Law Placement published some analyses of its 2007-08 NALP Directory of Legal Employers, an annual compendium of legal employer data. You may have already seen these results, and I apologize for the redundancy if so, but they only belatedly caught my eye in NALP’s February 2008 Bulletin, and I felt compelled to mention this finding:

  13. Unread Books - Mark Bernstein Blog 03/01/08 Submitted by @tfserna The moment when you know that The Year Of Living Dangerously is going to be something special is the is when Billy Kwan speculates that Hamilton might be the Unmet Friend. A close corollary of the unmet friend is the Unread Book, and those are kicking up a ruckus of late.

  14. 1,000 True Fans - The Technium 03/04/08 Submitted by @randallmoeller The long tail is famously good news for two classes of people; a few lucky aggregators, such as Amazon and Netflix, and 6 billion consumers. Of those two, I think consumers earn the greater reward from the wealth hidden in infinite niches.

  15. BREAKING NEWS: Connecticut Attorney General Investigating Company Charging for Free Posters - Connecticut Employment Law Blog 03/06/08 Submitted by @ctemplawyer Daniel Schwartz points to this as an "example of how law blogs are more than simply marketing; they really can make a difference." Back in February, Daniel "flagged a company making false claims about law to sell workplace poster; gov't later brought suit against them." Excellent work!!

  16. Audience of Twittering Assholes - Scobleizer 03/11/08 Submitted by @montserratlj UPDATE: I just spent an hour talking with Sarah Lacy and apologized directly to her, and then we had an interesting talk about the industry, sexism, her interview and why she took the line of questioning that she did, and her perspective.

  17. Easter Patents - BlawgIT 03/21/08 Submitted by @BrettTrout In an apparent attempt to corner the market on the upcoming Easter festivities, several inventors have successfully patented their own little corner of the holiday. I never realized Easter veneration was such big business that people apparently feel the need to enlist the government’s help in defending their Jesus kitsch against devilish infringers.

  18. LinkedIn Company Profiles: Group Identity Gone Wild - Ross Mayfield's Weblog 03/21/08 Submitted by @ErikJHeels LinkedIn launched Company Profiles today, something I've been looking forward to for some time. This could not only be a great research tool for users, but I think is a sign of things to come.

  19. Lord of the Rings as Property Law - Law is Cool 03/29/08 Submitted by @OmarHaRedeye The novel The Lord of the Rings was a phenomenon. The movie trilogy based upon it has grossed over a billion dollars and won a slew of Oscars. But what’s really interesting about the work is that it is about property law.

  20. New York Times and Reader's Digest Address Problem of Preemption in Drug Cases, Part I - Alabama Product Injury Lawyer Blog 04/06/08 Submitted by @craigniedenthal Well even the mainstream media is really catching on to the problems I discussed last week about preemption. Both the New York Times and Reader's Digest have just recently printed articles taking on the issue of preemption and how the problems at the FDA make this issue one of significant importance. In the New York Times article, which appeared on the front page of Sunday's edition, it explains how the issue of preemption may significantly effect ongoing litigation involving the Ortho Evra birth control patch (the Patch)

  21. New York Times and Reader's Digest Address Problem of Preemption in Drug Cases, Part II - Alabama Product Injury Lawyer Blog 04/07/08 Submitted by @craigniedenthal Let me start off by saying that NO, I am not a regular or avid reader of Reader's Digest. Have to say, I always considered it a publication for my Mom and Dad to read. Of course, now at the ripe old age of 48, I guess I have now become my Mom and Dad and the world has come full circle. Anyway, I digress.

  22. New York Times and Reader's Digest Address Problem of Preemption in Drug Cases, Part III - Alabama Product Injury Lawyer Blog 04/07/08 Submitted by @craigniedenthal Continuing on with some other points made by the Reader's Digest Article regarding the problems with the FDA, the following issues of concern were raised:

  23. StreetSmart CEO's 12 Facts of Life - Tom Hoobyar - The Street Smart CEO 04/16/08 Submitted by @JeffTBerman These are non-negotiable and there are no escape clauses. No excuses are accepted. Ignore them at your own risk. I got this information over decades of living, but many people never learn these rules at all. And so they live in ”quiet desperation.” You don’t have to settle for that.If you consider these Facts and test them against your experience (NOT your conditioning!), I predict you’ll adopt them, and you’ll be on your way to a life of freedom and accomplishment.

  24. Ceci n’est pas un pipe - Enlightened Tradition 04/17/08 Submitted by @markgould13 A story in the New York Times about Nokia’s work on human behaviour illustrates beautifully how things we create often end up being used for very different purposes.

  25. Roommates.com Decision: A Start of a Judicial Trend to “Rein in” the Web? -Singularity Law Blog 04/21/08 Submitted by @LawProf The Ninth Circuit recently published its en banc decision in Fair Housing Council of San Fernando Valley v. Roommates.com LLC, 2008 WL 879293 (9th Cir. April 3, 2008). I do not intend to comment on the merits of the decision, which has been analyzed in depth here and here and here, but I want to point out a footnote which I found troubling.

  26. Cerrissa Christensen’s Sentencing Hearing Set for April 25 - Washington State DUI 04/23/08 Submitted by @st0rmshadow Seattle, Washington. On October 16, 2007, Cerrissa Christensen, 27, was driving the wrong way on Interstate 5 with a blood alcohol content level of 0.25. The DUI legal limit in Washington is 0.08. Unfortunately, Cerrissa was not pulled over in time by the police. Eric Hillstrom’s vehicle brought Cerrissa to a stop when Cerrissa slammed into his vehicle. Eric received serious injuries resulting in bone breaks and brain trauma; he was lucky. Eric’s girlfriend and passenger, Bawny McQuistin, 18, was not so fortunate. She died that night in the twisted metal wreck on I-5.

  27. Partial Glossary of Representative Actions and Terms - ClassActionBlawg.com 05/01/08 Submitted by @classaction I commented recently on the fact that the well publicized “class-action” trial against the United States Department of Veteran’s Affairs was never actually certified as a class action. Instead, the case is being pursued by two nonprofit veterans’ advocacy groups who are pursuing the case on behalf of their members based on a concept called associational standing. The popular media often uses the misnomer “class action” to define a wide range of lawsuits in which one or a few litigants prosecute a case on behalf of a larger group of interested parties.

  28. Lawyer Marketing with Twitter - stem Law Firm Web Strategy Blog 05/05/08 Submitted by @stevematthews Have you heard of Twitter yet? Perhaps not. And hopefully not, as this post is intended to explain one of the latest web-tools on our collective horizon.

  29. “Landmark” electronic discovery opinion issued regarding admissibility of electronic evidence - ELECTRONIC DISCOVERY BLOG 05/08/08 Submitted by @mglickman (not a 2008 blog, but still relevant!) LexisNexis describes the above-referenced opinion as “essential e-discovery guidance;” predicting that the case “will likely be as broad-reaching as the series of Zubulake decisions.” The actual facts of the case, regarding the enforcement of an arbitration judgment are unimportant, except that both sides submitted copies of e-mails in support of their motions for summary judgment.

  30. 101 Twitter Resources - Traffikd 05/12/08 Submitted by @chrisgardill It seems like every day I see more and more being written about Twitter. I have to admit that I don’t really get the fascination with micro blogging, but it’s becoming more and more common, and many bloggers find the services to be extremely useful for connecting with their audience. With all of the information that I’ve been seeing on Twitter, I decided to put together this collection of resources.

  31. Knowledge Hoarding Not Just for Lawyers - Vancouver Law Librarian Blog 05/12/08 Submitted by @jeiseman In case anyone was wondering whether law firms were the only type of organization who's culture can promote information hoarding, it seems that school teachers are just as culpable.

  32. Newsflash: Appellate Judges Read Blogs - Texas Appellate Law Blog 05/15/08 Submitted by @dtoddsmith While attending a bar function today, a local appellate justice I have met a few times before recognized me, introduced me to his companions as the author of an appellate blog, and confessed (?) to being one of my regular readers. I have had similar conversations with other members of the appellate bench in recent months

  33. How Puerto Rico law treats a probated will from the United States or a foreign country. - Puerto Rico Law Blog 05/16/08 Submitted by @chrisfrankfas First off, let’s start by stating that there is no such thing as “probate” in Puerto Rico. Wills must comply with such strict legal and notary guidelines that our Civil Code has practically replaced the need for a probate procedure. No legal procedure is necessary for the estate to be partitioned amongst all the heirs if they all convene on how to do so. Unless an executor (”albacea” in Spanish) is designated, the testament itself is enough to transmit the ownership of the totality of the estate to the heirs. With a valid testament, heirs can partition the estate as they see fit.

  34. Fixing a Broken Brand - Tricycle 05/23/08 Submitted by @nipper One of the steps in branding is understanding the reality of the situation. Frequently, this is just removing the gap between what you think you are and what you really are. We call this the “RQ” or “Reality Quotient”. However, sometimes the reality is that a brand is broken. It could be a bad reputation. It could be outdated products or services. It could be low employee morale. Or it could be that some unintended disaster happens.

  35. Going Solo; Confessions & Inspirations - Craig Niedenthal - Build a Solo Practice, LLC 06/05/08 Submitted by @craigniedenthal This is a terrific entry into the Going Solo; Confessions & Inspirations category because it is the story of one 25-year veteran BigLaw lawyer who one day said, 'enough.' Read: Defying Gravity by new solo Craig Niedenthal.

  36. Content Marketing Lessons from the Grateful Dead? Certainly. - JDScoop 06/11/08 Submitted by @JDTwitt It's always a fun day at JD Supra when we can look to the good old Grateful Dead to make a point about content marketing. Tye dyes optional, here we go:

  37. The Kozinski mess - Lessig 2.0 06/12/08 Submitted by @gbeck So the wires are a twitter with the story of Chief Judge Alex Kozinski's "web site" which, from reading the stories, you'd think was filled with porn (and worse), revealing a dark soul who, some experts in legal ethics suggest, shouldn't be presiding at an obscenity trial. That, you think, is what I mean by "the Kozinski mess."

  38. Conferencing the Web 2.0 Way - The Techological Tortoise 06/19/08 Submitted by @montserratlj Along with just about everything else, Web 2.0 has changed the way people attend professional conferences. There’s no waiting for a newsletter or the AALL Spectrum to read program reviews. Heck, you don’t even have to wait an hour or so for a blog post about it like you did in the dark ages of 2004! You can log onto Twitter and see what’s happening in the room across the hall or commiserate with a fellow attendee about that annoying person in the back of the hall that didn’t get the memo to TURN OFF YOUR DAMN CELL PHONE WHEN YOU ARE ATTENDING A PRESENTATION! WERE YOU BORN IN A BARN OR SOMETHING? Sorry. That is a MAJOR pet peeve of mine.

  39. The New Hire Binder - Society of Legal Learning Professionals identity :: insight 06/20/08 Submitted by @tlhartsfield This morning I had the opportunity to train someone from our housekeeping department. He is a high-functioning mentally challenged person. The request was for me to sit with him one-on-one and go over phones & voicemail, logging in, checking email, and accessing our intranet page for a couple of tasks.

  40. Is Google Making Us Stupid? - The Atlantic 07/01/08 Submitted by @christoph "Dave, stop. Stop, will you? Stop, Dave. Will you stop, Dave?” So the supercomputer HAL pleads with the implacable astronaut Dave Bowman in a famous and weirdly poignant scene toward the end of Stanley Kubrick’s 2001: A Space Odyssey. Bowman, having nearly been sent to a deep-space death by the malfunctioning machine, is calmly, coldly disconnecting the memory circuits that control its artificial “ brain. “Dave, my mind is going,” HAL says, forlornly. “I can feel it. I can feel it.”

  41. HOW HIGH QUALITY ARE YOUR LAWYERS? (HOW CAN YOU TELL?) - Adam Smith, Esq. 07/03/08 Submitted by @jordan_law21 This is a column about wringing our hands. Our first text, from the Old Testament conventional debate, stems from today's WSJ story on "Axiom Legal," headlined Newcomer Law Firms Are Creating Niches with Blue-Chip Clients, discussing the business model of Axiom and other firms, which is to provide highly credentialed attorneys to corporate law departments on a contract or project basis, typically at savings of 25-50% vs. what an AmLaw 100 firm would charge. Other components of the model are:

  42. There’s a Fat Lady - Random Thoughts of a Disordered Mind 07/13/08 Submitted by @annemyers This morning in the grocery store I heard a little voice say, “Daddy, there’s a fat lady.” I turned around and saw a cute little girl, about 3 or 4 years old, shopping with her father, who was looking mortified. I said, “Yes, I’m a fat lady” and went back to putting my stuff on the register belt. I admit that I was cranky but not overly preoccupied with the exchange.

  43. Social Media Is The Responsibility Of Public Relations - Social Media Explorer 07/18/08 Submitted by @3rddeadline A question I’m asked with increasing frequency at various meetings, conferences and gatherings is, “Where exactly should social media fall in the organizational structure?” It’s not an easy question to answer as different organizations have different strengths, weaknesses and established silos of discipline. The answer becomes even harder when my own honest answer is somewhat contradicted by my own agency’s architecture, with social media standing as it’s own department and almost stand-alone component of the marketing mix.

  44. A HARD DAY'S NIGHT - The Common Scold 07/18/08 Submitted by @commonscold YES, of course, I stayed to the bitter end — barely — my friend Teri had to leave at 11:15 to get the last train back to Jersey, but I hung in there with my new friends in section 8, row J.

  45. Supreme Court Rolling Out New Digitization Projects - Texas Appellate Law Blog 07/24/08 Submitted by @dtoddsmith Even before the Texas Supreme Court began live webcasting oral arguments and archiving recent arguments last year (previously discussed here and here), the Court had ditched its old system of recording oral argument on audio cassette tapes. Digital audio files from oral arguments dating back to 2004 are available through the Oral Argument Audio link on the Court's website. Now, two new projects are continuing the Court's transition into the digital age.

  46. The Death of Steven Rhone - One Year Later - Washington State DUI 07/27/08 Submitted by @st0rmshadow Bellingham, Washington. I maintain this blog and my DUI website to increase public awareness about drunk driving. Finding time to post articles with some frequency can be difficult with a 60+ hour work weeks and a family. Once again I recently went over four weeks without posting one article. Then I received an email from Sandra Rhone.

  47. Ten Social Networking Tips for Libraries - Librarian In Black 07/28/08 Submitted by @montserratlj Part of Library 2.0 is social software, and as more and more libraries put themselves out there on social networks it becomes increasingly important that we do so in a way that works well for ourselves and for our users. How can we best take advantage of these community building tools?

  48. EASY does not equal RIGHT.. or does it? - Ch-Ch-Ch Changing Librarian 07/29/08 Submitted by @amylibrarian In the recent NetConnect supplement to Library Journal, Melissa L. Rethlefsen writes about how federated search is easier, but does not always create the best quality results. Federated search can search across library databases, library OPACs, and internet search engines. Her article is called "Easy Right." She writes, "Research requires time, discipline, critical thiking, and analysis. No single technique or tool is ever appropriate for conducting research."

  49. Good, better … best? 07/30/08 Submitted by @markgould13 A while ago, I promised Mary Abraham a summary of my thoughts on “best practice”, which grew into quite a long draft, and then WordPress and I conspired to lose it. Rather than try to re-create it, I have started again. Undoubtedly, the lost version was much better.

  50. End of the Blog - The Paltry Copyright Blog 08/01/08 Submitted by @gbeck I have decided to end the blog, after doing around 800 postings over about 4 years. I regret closing the blog and I owe readers an explanation. There are two reasons.

  51. How to Rick Roll a Venture Capital Firm - The Startup Lawyer 08/08/08 Submitted by @startuplawyer The Rick Roll. It’s classic. Some might even call it legendary. Rick Roll your friends & family. Rick Roll your co-workers. Heck, Rick Roll me. We will all belly laugh as “Never Gonna Give You Up” blares on our computer speakers. But please don’t Rick Roll venture capital firms.

  52. Is the New York Times a Confused Company? - Freedom to Tinker 08/11/08 Submitted by @ErikJHeels Over lunch I did something old-fashioned—I picked up and read a print copy of the New York Times. I was startled to find, on the front of the business section, a large, colorfully decorated feature headlined "Is Google a Media Company?" The graphic accompanying the story shows a newspaper masthead titled "Google Today," followed by a list of current and imagined future offerings, from Google Maps and Google Earth to Google Drink and Google Pancake.

  53. I send pointless little messages - tom boone dot com 08/17/08 Submitted by @jogiammattei Yesterday's Boston Globe featured a column by Alex Beam expressing his reservations about Twitter: You have heard about Twitter. Maybe. It's something other people do, mainly younger people. You subscribe to the service, then you can post little messages on people's cellphones, or on their instant message accounts. About nothing.

  54. Ok, this is HOT! - Peter Shankman Blog 08/13/08 Submitted by @amanda4bes Amanda says she looks good in this shirt, and you know you want one!

  55. Your 2009 law firm marketing budget – what to keep and where to cut - Grow My Law Firm 08/19/08 Submitted by @ChristinePilch Early fall is the typical time when most law firms start working on their budgets for the next year. Your firm likely does so as well. Although it’s not likely that you’re going to increase your marketing budget for next year, have you given any thought yet to whether you’re going to level-fund or reduce it?

  56. Survey: CI on the Rise at Firm Libraries - Law.com 08/19/08 Submitted by @emily_rushing From the 48th floor library at Milbank, Tweed, Hadley & McCloy's New York headquarters, the view is revealing. But it's not just the outside world -- the bridges and buildings of Manhattan -- that catches the eye. [related post]

  57. Wesley the Owl, by Stacey O’Brien - RhapsodyInBooks's Weblog 08/20/08 Submitted by @RKaiser When I finished this book, I felt much the same way I did when I finished Jane Goodall’s book “In the Shadow of Man.” That is, I felt privileged to have been made a part of an intimate relationship with a wild animal, one that revealed more of our similarities than our differences.

  58. Alabama, Werewolves and “All Summer Long” - Current Trends in Copyright, Trademark & Entertainment Law 08/21/08 Submitted by @tamerabennett It’s not everyday I get to blog about Kid Rock. So here goes. Have you heard the latest single “All Summer Long?” If so, you may have heard a few other tunes that took you back a few years. The song incorporates heavily the piano and guitar licks from “Sweet Home Alabama” as well as from Warren Zevon’s hit “Werewolves Of London.”

  59. Jason Calacanis On How To Get PR For Your Startup: Fire Your PR Company - Silicon Alley Insider 08/21/08 Submitted by @ErikJHeels For over ten years I've been in the unique position of being both a CEO and a journalist in the technology space. My first company produced Silicon Alley Reporter magazine, where I held the dual titles of CEO and Editor. At my second company, Weblogs Inc., I was a blogger and CEO. Today I'm the CEO of Mahalo, and the editor of an email newsletter (Jason's List--which you're reading right now!).

  60. The Problem with Low-Hanging Fruit - Above and Beyond KM 08/22/08 Submitted by @VMaryAbraham When I first started in the knowledge management business, I asked a group of senior New York law firm knowledge management experts what advice they would give me. One extremely pragmatic colleague said: "Collect the Low-Hanging Fruit."

  61. Why does Germany's Chancellor Merkel not stand-up against Putin? - Saskia's Spin 08/23/08 Submitted by @sioslo I've had it! Everywhere I read that the German chancellor Angela Merkel stands-up against Vladimir Putin in the Georgia crisis, but honestly, I don't see it.

  62. Twitter and Online Community - Out of the Jungle 08/25/08 Submitted by @jmilles This morning my friend Connie Crosby tripped and sprained her ankle. Connie, a former law librarian and now independent social media consultant, mentioned it on Twitter. Within minutes, half a dozen friends responded with sympathy ("owie! owie! sorry to hear this. hope you recover quickly") and advice ("perhaps selfmedication is in order! wine or beer before noon is allowed under these circumstances.") I first met Connie online, through her blog, and developed a friendship with her through her frequent guest appearances on the Check This Out! Podcast before we first met in person at a Podcasters Meetup in Toronto over three years ago

  63. The Right Tool for the Job Knowledge Management - LawyerKM 09/02/08 Submitted by @didomenico I’ve always been really impressed with what craftsmen can make when they have the right tools. My close friend, Mick, of Relyea Custom Cabinetry is one of those people. As a custom cabinet maker, a big part of what he does all day is cut wood. He has dozens of saws. They all cut wood, but they’re not interchangeable: Mick wouldn’t use a band saw when the job calls for a table saw.

  64. The Curse of Almost Happy - The [Non]Billable Hour 09/03/08 Submitted by @matthomann Though I doubt that many of you noticed I was gone, I've taken almost a month and a half off from blogging. I've been working on the next LexThink event (though not enough -- more on that later), turned 40 and traveled to London (twice) and Paris to facilitate a few sessions for XPLANE.

  65. SBOT Appellate Section Re-Launches Web Site - Texas Appellate Law Blog 09/04/08 submitted by @dtoddsmith The State Bar Appellate Section officially rolled out its re-designed website today. The new, user-friendly interface is full of useful information and contains links to a number of handy resources. I suggest that anyone reading this blog visit the new site and bookmark it for future reference.

  66. Brave New World of Digital Intimacy - The New York Times Magazine 09/07/08 Submitted by @christoph On Sept. 5, 2006, Mark Zuckerberg changed the way that Facebook worked, and in the process he inspired a revolt.

  67. The Gentleman’s Guide to the Calling Card - The Art of Manliness 09/07/08 Submitted by @nipper To the unrefined or unbred, the visiting card is but a trifling and insignificant bit of paper; but to the cultured disciple of social law, it conveys a subtle and unmistakable intelligence. Its texture, style of engraving, and even the hour of leaving it combine to place the stranger, whose name it bears, in a pleasant or a disagreeable attitude even before his manners, conversation, and face have been able to explain his social position. -Our Deportment

  68. Toward a Document Management White Paper - Does It Compute? 09/08/08 Submitted by @chrisgardill Over the past several years I have written extensively about document management issues. The following list represents a kind of table of contents on the way to a more extensive document management white paper. The hyperlinks point to the source of that particular post or article.

  69. 145 Lawyers (and Legal Professionals) to Follow on Twitter - JDScoop 09/09/08 Submitted by @barrettdavid and @JChristi Here is an almost-complete list of the lawyers and legal professionals I follow on Twitter.

  70. Social Networking for Lawyers: What Works? What Doesn’t? 09/15/08 Submitted by @didomenico A friend recently asked me for a recommendation for an immigration lawyer in New York City. Although I’m a lawyer, I don’t personally know any immigration lawyers; but I thought that some of my social network friends might be able to point me in the right direction.

  71. Digital Mission and when good government is above party politics - The Baillieu Blog 09/16/08 Submitted by @danversbaillieu This week I am lucky enough to be in New York with 21 British companies who are taking part in Digitial Mission 08. We are hitting the Web 2.0 Expo tomorrow and have already been furiously networking with New York's techno-, digi- and glitterati - and sacrificing our livers for the cause of British exports. You can find out more on the Chinwag Blog, or follow @digitalmission on Twitter for more stories from the front line.

  72. Navigating Social Media - Jaffe Associates 09/16/08 Submitted by @kevinaschenbren Anyone taking their first steps into the world of Web 2.0 and social media can quickly become overwhelmed by the sudden rush of information, opinions and just plain noise. Try and absorb it all in raw form and you’re guaranteed to drive yourself nuts. Instead, consider using some of the widely available tools out there to help you manage the information.

  73. Trouble Stomaching the Virginia Supreme Court's Spam Decision - SPAM NOTES 09/17/08 Submitted by @VBalasubramani I've been sort of thinking about what I find so problematic about the Virginia Supreme Court's opinion in Jaynes (striking down Virginia's spam statute) for several days. I don't think it will have much influence on other state spam laws or be persuasive in the context of CAN-SPAM (all of which regulate commercial speech), but I just was not sold on the decision. (Maybe it's the court's activist way of telling us 9 years is too long of a sentence for spamming?)

  74. We are all solos - Law21.ca 09/18/08 Submitted by @XBT Law firms ask a lot from their lawyers: work hard for long hours, respond immediately to clients and colleagues, accept and promote the firm’s culture, support overall firm profitability, and so forth. But law firms give a lot back, too: steady income and predictable bonuses, centralized resources, shared overhead costs, exposure to clients, and general collegiality, to name a few.

  75. Big Ass Whiteboard Project - BIPO - Buchanan Intellectual Property Office 09/19/08 Submitted by @nipper Ever since reading Kevin Kelley’s post on CoolTools about giant whiteboards way back in 2005, I’ve had plans of building my own vertical dry-erase landscape. Unfortunately, my home office setup over the last several years gave me precious little wall space to work with, so the project sat idled in my brain.

  76. My Free E-Book: The Truth About Hiring A Criminal Defense Lawyer - Criminal Defense 09/19/08 Submitted by @MIAMICRIMLAW The Entire Book!!

  77. Overcoming Hurdles to Web 2.0 - Above and Beyond KM 09/22/08 Submitted by @VMaryAbraham There are some bright shining examples of web 2.0 implementations in law firms and then there are the vast majority of the web 1.0 firms. While it may be natural for law firm knowledge management personnel in web 1.0 firms to envy their counterparts in that relatively small group of web 2.0 firms, it's not a terribly productive exercise. It's more useful to analyze and address the issues that are holding the web 1.0 firms back.

  78. My $7 I-forgot-my-business-cards insurance policy - BIPO - Buchanan Intellectual Property Office 09/24/08 Submitted by @nipper Last month, at a Cleveland Indians baseball game, I met an incredibly interesting person that has quickly turned into a key contact for me and the firm. Even though we talked for only a few minutes, we made one of those “this is someone I have to follow-up with” connections.

  79. Flying by the seat of your pants - Ernie the Attorney 09/26/08 Submitted by @ernieattorney When I was younger I used to get obsessed with some new interest and then make all kinds of plans as to how I would carry out my obsession. I still get obsessed with new (or old) things, but with one important difference. I don't make hardly any plans. It's taken me a long time, pretty much my whole life, to figure out that I'm not very good with plans. Which is not to say that I never make plans, or that I don't think they're important (they are). It's just that I finally figured out that my strong personal inclination makes it hard for me to rely too much on plans.

  80. Legal Solutions for Contractors in Troubled Times Proactive & Reactive Tips – a 2 Part Series - Wolfe Law Group 09/30/08 Submitted by @wolfelaw The current financial crisis in America is hitting national organizations, banking intuitions and Wall Street – but it is not a recent phenomenon for those who earn a living in the construction industry.

  81. Have You Fed Your Creativity Lately?? It looks a little thin to me.... - 3 Geeks and a Law Blog 09/30/08 Submitted by Terri Wilson NOTE: Terri swears she didn't add this one just because I wrote it. We here at the Geeklawblog discuss a lot on the topics of Knowledge Management, Marketing, Research and Competitive Intelligence. On the surface, these ideas tend to mean the “repackaging of existing data into usable information for the benefit of those in our firm.” In other words, we attempt to create a way to make our “results” greater than the sum of our “parts”.

  82. Count Your Visits, Check Your Page Views - technola 10/02/08 Submitted by @kbladow Evaluating a website is not easy. Since you don’t get to interact with your users on a regular basis, often you have to try to read your their minds based on what the server logs tell you. In addition, the meaning of the vocabulary used in the field of web analytics isn’t always obvious. (If you don’t believe me, check out this list from WebTrends. It’s nine pages when printed!)

  83. How To Annoy Your Clients With Technology - 3 Geeks and a Law Blog 10/02/08 Submitted by @glambert This was one of Toby and my first posts, and it was something that the ABA thought was too snarky for their print publication. A multipart post detailing the improper use of technology that most of us are guilty of doing.

  84. VP Debate Palin “Darn right it was the predator lenders” - Louis M. Green, Attorney at Law 10/03/08 Submitted by @louismgreen As a Consumer Advocacy lawyer, I can tell you that my colleagues and I have been on the front lines for years, dealing with the anguish of clients who have been victims of mortgage scams, of mortgage accounts that have been assigned and re-assigned into huge pools; who have had mortgage servicers who played games with their payments; and who have fallen for home equity scams and wound up in foreclosure.

  85. We are women. Hear us blawg! - Women Lawyers -- Back on Track 10/06/08 Submitted by @nikiblack So, Law.com conducted a cursory review of the legal blogosphere and, in a recent article, concluded that there weren't a lot of women bloggers.

  86. I’m Here, I’m Here, Really I Am! - Advocate's Studio 10/06/08 Submitted by @advocatesstudio I have been blogging away over here at Advocate’s Studio on topics related to law, research, writing and technology for about six months now. I have done a lot of blog reading myself over that same period. Sometimes I note the blog author and sometimes I don’t. It never occurred to me that I am somewhat of a rarity, at least in the blog writing category.

  87. Southern Builders v. Shaw Development: Green Building Damages - Green Building Law Update 10/06/08 Submitted by @chrischeatham Today we are wrapping up our discussion of Shaw Development v. Southern Builders, one of the first examples of major green building litigation. On Monday we discussed the basic facts of the case; on Wednesday we looked at the contractual green building requirements between the two parties; and on Friday we looked at Shaw Development’s stated causes of action. We conclude our discussion today by looking at the damages alleged by Shaw Development.

  88. People in the Real World - Chris Brogan - Community and Social Media 10/08/09 Submitted by @gwace Sometimes, it’s worth flashing a bit of a public reminder that even though it seems like lots of us are deeply passionate about this space, most folks don’t exactly understand what we’re talking about. That’s because technically, they don’t need what we do to make money and go on with their lives. They’re happy. Take a cab ride and ask them about Twitter. Ask the folks at the grocery store if they’re on LinkedIn. Check and see whether anyone at the local pizza place has a blog.

  89. 25 Ways to Build Your Community - Chris Brogan - Community and Social Media 10/09/08 Submitted by @collinudell You know me. Once something cool happens, I try to figure out ways to share, to get you involved, and to try and inform on what I learn as I learn it. Upon reaching some recent milestones, I thought it might be really interesting to share some thoughts with you on how I think this is what I’ve done. I’m not exactly sure. You know how that is, right? I’m wiggling this knob and at the same time, someone is pushing a button. Did the knob-wiggle do the trick or did the button push do it?

  90. Goggles offer "I" Protection Missing in EDD - EDD Update 10/09/08 Submitted by @mikemac29 When I read about Google's new "Mail Goggles" utility, I wondered if the folks in Mountain View were playing one of their famous April Fools Day pranks out of season.

  91. Rendering knowledge - Cognitive Edge 10/10/08 Submitted by @WestPeter I may have finally broken a writing block. Aside from two book chapters in the last couple of months I more or less completed a paper length opinion piece for a report ARK are producing on KM in the Legal Profession. The title includes one of those words which has multiple and different meanings namely render which is allowing me to play games between the poetic meaning and that of rendering something down to fat. As a part of that paper I updated my original three rules of knowledge management to seven principles which I share below.

  92. SongVest: Do You Really Own The Song? 10/14/08 Submitted by @tamerabennett SongVest describes itself as “music memorabilia with royalty checks.”

  93. On Postitive Attitudes - Leading Geeks 10/17/08 Submitted by @jennsteele As I head towards the bus on a normal evening's commute, I pass by a homeless gentleman selling Spare Change newspapers. Since I usually have reading material or use my Blackberry on the way home (yes, I'm on a bus--drivers aren't in danger), I don't want the newspaper when I give him money, but he gets me to take one anyhow. How? He asks nicely.

  94. With a little help from my friends 10/20/08 Submitted by @markgould13 Knowledge management activities in UK law firms depend very heavily on people power — being more reliant on Professional Support Lawyers (PSLs) than their US and continental European counterparts. Despite this, the recent Knowledge Management in Law Firms conference had a noticeable technology focus. I’m afraid I set the tone in the first session with a couple of case studies on KM/IT implementations, but in my defence I did concentrate on the people issues rather than the technology. After that we had many screenshots of systems, mashups, search tools, RSS blogs, wikis and more. All the time we kept telling ourselves that KM wasn’t all about technology, but I wonder whether the historically divergent US and UK law firm traditions are moving closer together. We are using more technology and they are using more PSLs (or KM lawyers).

  95. BlogCast: “Barracuda” and the McCain/Palin Campaign 10/20/08 Submitted by @tamerabennett Welcome to our inaugural Create Protect Podcast or what I feel is more like a “BlogCast.” We will be providing a summary of the BlogCast along with the audio right here on the blog. We welcome your questions, comments and ideas on how to make this an educational tool you will use.

  96. Is Now The Perfect Time To Start Your Solo Practice? - Build a Solo Practice, LLC 10/20/2008 Submitted by @StephKimbro The short answer: Yes. I'm totally aware of the inner hysteria most people are feeling about our economy, needing to take a Valium before they open their 401k statement this month. Watching your property taxes increase while your home value drops like an elevator with broken cables. You've either been laid off or can't get your first job. I get it. Trust me, I do.

  97. Is Marketing for Attorneys through Blogging Still Viable? - Bently Tolk's Marketing for Attonreys, Marketing for Law Firms, and Marketing for Lawyers 10/22/08 Submitted by @bentleytolk An October 20, 2008 article in Wired.com (http://www.wired.com/entertainment/theweb/magazine/16-11/st_essay) suggests indirectly that marketing for attorneys should no longer include blogging in its mix. Entitled "Twitter, Flickr, Facebook Make Blogs Look So 2004," the article suggests that one should no longer write or start a blog. According to the article, the blogosphere is flooded with mediocre content, and blogs supposedly have a tough time gaining followers. Thus, Jason Calacanis, who apparently made millions in blogging, recently decided to stop blogging because the medium had become too impersonal and too large.

  98. Documenting Kenya’s Elections using Crisis Mapping Techniques - Ad Your Comment Here 10/23/08 Submitted by @just_kate What are citizen journalists’ roles in documenting conflict and are those roles becoming more important?

  99. Wiped Out - Dad Gone Mad 10/24/08 Submitted by @HumanRacehorses I’m lying on the floor with my daughter. We’re watching cartoons and eating Apple Jacks out of the box when a commercial comes on. It’s about some toy that, like many of her toys, is the kind of thing she’d play with once before she’d get bored with it.

  100. Laptop Debate & Consequences of Taking Verbatim Notes - Ch-Ch-Ch Changing Librarian 10/24/08 Submitted by @amylibrarian I think that one of the major components of plagiarism is the lack of student ability to synthesize information.

  101. To Fannie And Freddie Chiefs: Some Advice From Eminem - Clusterstock 10/27/08 Submitted by @brucecarton The heads of Fannie and Freddie are set to testify next month on Capitol Hill, where they're going to get pilloried by high and mighty Congressmen. Dealbook offers some up some traps they ought to avoid, like confirm you're out of touch and say one thing; ooze another. It all basically boils down to: don't act like Dick Fuld did.

  102. From BigLaw to YourLaw - MyShingle.com 10/28/08 Submitted by @nikiblack Law may be governed by precedent, but oh how soon we forget. Once upon, the behemoth law firm Skadden, Arps, Meagher & Flom was just a trio of fellows named Marshall, John and Les who had the crazy idea to hang out their own shingle. Yet now, forty years later, as the economy tanks and jobs in the legal industry decline and young associates yearn for better work-life balance, large firm attorneys rarely consider solo practice as an option. Why is that so? Below, I'll discuss some of those reasons.

  103. Google Stares Down Book Industry: Publishers Blink, Google Book Search Wins 10/28/08 Submitted by @LawProf In September 2005, Google was sued by the Authors Guild, the American Association of Publishers and a number of individual authors for copyright infringement for its “Google Book Search” project (which was launched in 2004). The plaintiffs claimed that the project was “massive copyright infringement” and should be shut down. Google held the plaintiffs at bay for more than three years, during which time it scanned, digitized and indexed large numbers of books from major university libraries. (The exact number of books has not been disclosed, but it is believed that millions of books have been digitized.)

  104. Online Business Relationships - Whitney Hoffman Blog 10/29/08 Submitted by @LDpodcast “Business Relationships” used to sound like an oxymoron- there was business, and then there were relationships, friendships, you had outside of the business or work world. Companies classically (and probably still do in many places) discourage workplace romantic relationships, as possibly undermining productivity and morale.

  105. Federal Circuit Rejects Business Method Patents - BlawgIT 10/30/08 Submitted by @BrettTrout The Court of Appeals for the Federal Circuit (CAFC) is pretty much the “supreme court” of patents. While the real Supreme Court has granted certiori to a handful of cases appealed from the CAFC, that is certainly the exception, rather than the rule. Earlier today, the CAFC handed down its most momentous decision since it granted its blessing to business method patents in the State Street Bank case back in 1998.

  106. If You Have a Pending Personal Injury Claim, Be Careful What You Post on Social Websites - The Law Office of Jeena R. Belil PC 11/01/08 Submitted by @jeenaesq With the emergence of MySpace, Utube, Facebook, Twitter and other social networking sites, insurance companies now have a new weapon in their hands to attempt to minimize your bodily injury claim. If you don't think the carrier is searching out every activity you post, think again. Forget about hiring investigators and paying through the nose for video surveillance. The carrier now has an inexpensive way to catch you participating activities which you claim you can no longer do.

  107. Designing for the Social: Avoiding Anti-Social Networks - Fumsi 11/01/08 Submitted by @bibliotheeka The panopticon was first proposed as a ‘model prison' by English philosopher Jeremy Bentham in 1785. It was seen as a solution to managing large volumes of prisoners - England was about to settle Australia and transport its petty criminals there.

  108. 2008 FINAL REPORT - The Common Scold 11/02/08 Submitted by @commonscold O.K. -- This will come as a surprise to most of you, but I am not upset that the boys did not make it to the postseason. Frankly, I was secretly relieved. To be honest, I was exhausted by the end of September. Between the All Star Game, and all the hype about the final season at the Stadium, I was toast.

  109. Drawing That Explains Social Networking - Erik J. Heels 11/03/08 Submitted by @ErikJHeels I wanted to be able to explain to those new to social networking how all of the pieces fit together. Plus with feeds being shared back and forth, I wanted to make sure that I wasn't creating any feed loops or leaving out any pieces. I use LinkedIn for business networking (my resume and the like), I use Facebook for friends and family, and I am passive on Plaxo (i.e. I accept invitations to connect but do not solicit new connections). Here's my drawing that explains social networking:

  110. Twitter 101 For Lawyers - Practicing Law in the 21st Century 11/04/08 Submitted by @chrisgardill While I’ve often repeated my recommendation that lawyers ought to take advantage of the networking and micro-blogging service, Twitter, I’ve yet to explain how to do so.

  111. Is Taiwan becoming a police state? - David on Formosa 11/05/08 Submitted by @ragtag When I wrote about Chen Yunlin’s arrival in Taiwan on Monday I said, “it might be a little extreme to claim Taiwan has returned to the days of martial law or White Terror.” Perhaps I might have to take back my words. What the police is doing is going far beyond what is necessary to ensure the security of Chen Yunlin. It seems the police in Taipei are actively supressing citizen’s basic rights to freedom of speech.

  112. Are we really collaborating? - Think Much - by Penny Edwards 11/06/08 Submitted by @glambert ‘Collaboration’ is being used pretty loosely these days and often in the same breath as enterprise 2.0. But, simply because people work together to meet objectives and reach goals, doesn’t mean they are collaborating. Other ‘c’ words like communicating, co-operating or co-ordinating may be more appropriate descriptions of what is actually taking place.

  113. President-Elect Barack Obama: a Classic Case Study in Intelligence 2.0 - Aurora WDC 11/08/08 Submitted by @arikjohnson Last week's historic election of Senator Barack Obama as our nation's 44th Chief Executive struck me as a case study in the open source application of asymmetric interpretation that is the cornerstone characteristic of Aurora's Intelligence 2.0 concept.

  114. “That’s All Folks?” ALJ Rejects IG’s Disciplinary Recommendations -Compliance Week: Enforcement Action 11/10/08 Submitted by @brucecarton After an investigation by the SEC Inspector General concerning allegations by Gary Aguirre that his supervisors in the Enforcement Division gave preferential treatment to the Chairman and CEO of Morgan Stanley in an investigation, the IG concluded in a report dated September 30, 2008 that senior Enforcement officials including Director Linda Thomsen should be disciplined. The IG investigation took eight months; involved the testimony or memoranda from 51 separate witnesses including five separate testimony sessions of Aguirre; involved the review of thousands if not hundreds of thousands of emails and documents; and ultimately resulted in a 191-page report.

  115. Law Department Operations Survey Shows GC Apply Limited Cost Saving Tools - Prism Legal 11/10/08 Submitted by @jordan_law21 A survey of Law Department Operations (LDO) Directors sheds light on how general counsels are - or are not - controlling costs.

  116. NEW YORK TODAY AND TOMORROW - Adam Smith, Esq. 11/11/08 Submitted by @wpollak Our texts for today come from (in inappropriate order) the New Testament, as it were, and Peter Kalis, the chairman of K&L Gates:"The metaphysical question is whether you can have bulge-bracket Wall Street firms without Wall Street," says Kalis. "The capital markets, when they rebound, will no longer have the margins they once did. Like night follows day, they won't be willing to pay premium rates."

  117. What's an RFP? - The Legal Watercooler 11/11/08 Submitted by @heathermilligan Last week on Twitter I casually threw out that when I was job interviewing last year one of my favorite questions to ask was: “So, how do you get your work? Through RFPs or referrals from current clients?” When one of the senior partners at the lunch replied, “What’s an RFP,” I knew I had found the right job for me.

  118. Nigerian Scammers Discover Facebook - Infringing Actions 11/11/08 Submitted by @kdtalcott HELLO MY FACEBOOK FRIEND. MAY THIS COMMUNICATION FIND YOU ROTFL WITH HEALTH AND BEST OF CHEER. I AM YOUR LONG-TIME BFF FRIEND FROM YOUR FACEBOOK PAGE ON THE INTERNETS, AND OMG I AM CURRENTLY FINDING MYSELF IN A SITUATION OF MOST CONSIDERABLE DISTRESS THAT REQUIRES THE IMMEDIATE RECEIPT OF FUDNING FROM YOUR MOST GENEROUS AND KIND SELF IN THE AMOUNT OF WTF US$524 (FIVE HUNDRED AND TWENTY-FOUR UNITED STATES DOLLARS).

  119. Social Software: The Unemployed Knowledge Worker’s Best Friend - Together, We Can! 11/11/08 Submitted by @lehawes Reading headline after headline announcing new job cuts has sparked some thought regarding what’s different between this nascent recession and the last economic slowdown of the early 1990s. Several things, to be sure, but the most important one may be the ability of the unemployed knowledge worker to connect with others to mine employment and new business opportunities.

  120. Return and Investment: Some thoughts on the “ROI and Social Media” discussion - Ad Your Comment Here 11/12/08 Submitted by @just_kate We’ve been discussing (beating to death) the topic of measurement and ROI in social media for a while now. How do you measure ROI? What elements go into that measurement? How do you talk about the lack of a “traditional” ROI measurement to bosses or clients who want to see it? Can you make a convincing argument or feel good about results without it?

  121. My Mom Thinks Chris Brogan Plays Hockey - Convince and Convert 11/12/08 Submitted by @3rddeadline I saw my mom the other day. She’s a pretty hip lady for 64. She was a high school teacher for about 30 years, and was always a student fave. Stylish. Knew the music. Knew the scene. Thought Patrick Swayze was hot.

  122. Existing Sources of Investment Information Failed Us: Patent Landscaping Analytics Provide a Necessary Innovation for Investors - IT Asset Maximizer Blog 11/12/08 Submitted by @IPStrategist As global stock markets continue to struggle, smart investors seeking to capitalize on relatively cheap stock prices are searching for promising investment opportunities. Unfortunately, however, most investors are likely relying on the same sources of investment information that failed to accurately predict the current stock market situation. If the predictive nature of this information has been wrong time and time again, why do investors continue to rely on it? The answer is pretty simple: investment professionals lack knowledge that alternative sources of information exist.

  123. Should You Employ Technology at Trial? - The MacLawyer 11/12/08 Submitted by @BlakeMBoyd Since the advent and rise in popularity of the internet, the general public has changed the way we all gather our news, research and general information. This electronic age has trickled it's way into the courtroom. Many major cities in the United States are adding courtroom A/V expenses into their budgets. Newly constructed courthouses are almost guaranteed to at least include a projector, screen, and sometimes individual monitors for the Judge and Jury to view. Have you found yourself wondering how you can take advantage of these visual tools?

  124. The Perils of Squandering Talent - Law21.ca 11/13/08 Submitted by @advocatesstudio Malcolm Gladwell has written a new book about the factors that most influence the likelihood that you’ll achieve (traditionally defined) career success. Outliers: The Story of Success posits that much of what affects our success is out of our control, and that arbitrary or even trivial factors play a disproportionate role in what we end up doing and how well we do it. As part of the book promotion tour, he spoke with the Globe & Mail the other day and made an observation that I think resonates deeply with the legal profession.

  125. Follow the Texas Supreme Court Via RSS - Texas Appellate Law Blog 11/14/08 Submitted by @dtoddsmith Hat tip to the Supreme Court of Texas Blog for pointing out that the Court has enabled RSS feeds via its home page. As the following screenshot shows, the subscribe button is located just above the Court's photo.

  126. Leave a Legacy of Love…Now - Divorce Money Matters 11/16/08 Submitted by @lisacdecker A dear friend of mine, SharonKay, lost her sister a few weeks ago. Kathy Bailey Bonner, passed away on her 55th birthday from complications of Hepatitis C, mainly liver failure. Her full story is on http://www.fixitwithlove.com/. My deepest condolences go out to her and her family.

  127. Now Is NOT the Time For Blind Faith - It is A Time For Thoughtful Action - Build A Solo Practice, LLC 11/17/2008 Submitted by @SCartierLiebel This post is about recession and the solo practitioner. It's long. It's important. Don't skim. Bookmark and read when you have the time to fully absorb. There is no sugar-coating. It may annoy you. I'm a realistic optimist. But I can't be optimistic without the reality. This IS the reality. If you don't want to be upset, don't read. But if you want to know what you must do in the current (and future) economic climate to build your solo practice, then it might be wise to suck it up.

  128. FreeTrademarksForStartups.com: Free Trademarks For Startups - Erik J. Heels 11/17/08 Submitted by @ErikJHeels Since Barack Obama's election, I have been inspired and motivated to figure out something that I can do to help our struggling economy. Most of my clients are startups. Most new jobs in this country are generated by startups. Getting off on the right foot is key. At Clock Tower Law Group, we believe that an ounce of prevention is worth a pound of cure. And it is much less expensive to choose good trademarks (for your company and products) initially than it is to change them after the fact.

  129. Closed Comments: Don’t Make This Mistake at Your Law Blog - Law Firm Blogger 11/18/08 Submitted by @lawfirmblogger My ironic moment of the day: I found the ABA Journal’s article Web 2.0 Still a No-go via Twitter, tweeted by Michael Lubofsky (aka @lawmarketing). I was fascinated by the article and had something to say. And hey, abajournal.com is in blog format, so yay; I was actually going to get to respond with what I thought were some very valid points.

  130. The Experts Look at Improving Voir Dire - Chicago IP Litigation Blog 11/20/08 Submitted by @rdd Anne Reed has an excellent post at her Deliberations blog about improving the voir dire system based upon Judge Mize's and Center for Jury Studies director Paula Hannaford-Agor's new paper, Building a Better Voir Dire -- click here to read the post and for a link to a pdf of the article, which is also worth the read. Reed's post and the article fit well with my recent series of posts on the Seventh Circuit's American Jury Project report -- to read those posts and for a copy of the report, click here (juror questions); here (preliminary jury instructions); here (12 person juries); here (interim statements by counsel)and here (Phase I principles).

  131. Thoughts on Facebook advertising - VKpedia 11/21/08 Submitted by @vkpedia I have been dabbling with Facebook Ads for some time for a class project, and I thought about jotting down some of my experiences.

  132. Mindmapping the Process of Starting a Law Firm - MyShingle.com 11/22/08 Submitted by @mglickman As you may know, I'm a new fan of the art of the chart, i.e., the use of graphic depictions to convey an explanation. Today, thinking about all of the decisions that go into opening a law firm, I decided to attempt a Mind Map of the process. It's more complex than I thought, but below is my first attempt (click on the Mindmeiser logo to go to the full map):

  133. Employee eligibility: What you need to know about the new FMLA regulations- Update on Employment Law 11/22/08 Submitted by @jenniferweil Yesterday, the Department of Labor released new final FMLA regulations that will take effect on January 16, 2009. The Labor Department developed these regulations because of the National Defense Authorization Act for Fiscal Year 2008 (NDAA), which President Bush signed last January, and because of parts of the current regulations being invalidated by various court decisions. The regulations detail two new military family leave entitlements. Here is a summary of the important changes that you should be aware of:

  134. How the U.S. Tax System Works … or Might Not in the Future if the Rich Decide to Just Leave - Arik Johnson 11/23/08 Submitted by @arikjohnson Suppose that every day, ten men go out for beer and the bill for all ten comes to $100. If they paid their bill the way we pay our taxes, it would go something like this:

  135. Rolling Stone Announces More Five-Star Rated Albums And All I Got Was This Lousy Feed - Erik J. Heels 11/25/08 Submitted by @ErikJHeels Over the last two months, Rolling Stone Magazine published five-star reviews for three albums. Rolling Stone rating an album five stars is as rare as a four-leaf clover or a Bush apology. How did Rolling Stone announce this rare event? With a red carpet event? With a press release? With a blog post? No, with minimally competent mentions in their pathetic feed:

  136. 32 Successful & Killer Website Building Tactics I Use - The Overnight Site 11/25/08 Submitted by @overnightsite I have been slowly compiling this list for 3 days. These are all tips that I used to build my websites and even this one.

  137. Productivity Tip: Think Small - Abundance Blog at Marelisa Online 11/26/08 Submitted by @Marelisa I’m a big believer in aiming high. I read somewhere that most people underestimate what they can do in the long run. However, they also overestimate what they can do in the short run. You can set humongous goals for yourself over the long haul, but in the short run, you need to keep things small. Below you’ll find four ways to think small.

  138. Pushing Forward - Letters from the Moon 11/27/08 Submitted by @joedibiase There aren't too many good stories in the news these days. Doom and gloom looms large, and who could blame a person for being pessimistic? My son, James will tell you worrying about what has yet to happen is a waste of time.

  139. The market doesn’t care - Law21.ca 11/28/08 Submitted by @markgould13 Two of the smartest people writing on the web these days are Seth Godin and Scott Karp. They have an important message that everybody in the legal services marketplace, especially lawyers, needs to hear.

  140. Solo, Leverage Thyself (and Diversify Too); Biglaw, Take Heed! - MyShingle.com 12/01/08 Submitted by @jordan_law21 For the past few decades, biglaw had a good thing going: a seemingly sustainable pyramid scheme. Large firms hired top talent and fed their appetites and egos with top salaries and assurances that these new associates constituted the cream of the legal caste system. Then, the firms turned around and billed the heck out of their young subordinates, racking up huge PPPs with a sense of arrogance and entitlement that blinded them to the possibility that this highly leveraged model could ever fail. Too bad biglaw never took the time to observe or learn from us savvy solos.

  141. TOP 10 EXPERT WITNESS CASES OF 2008 - IMS Expert News 12/01/08 Submitted by @RKaiser It is that time of year when pundits, critics and reviewers compile their Top 10 lists of the year's best and worst. This year, we weigh in with our picks of the 10 most important expert witness cases of 2008.

  142. List of Large Law Firm's "Officially Sanctioned Blogs" - 3 Geeks and a Law Blog 12/01/08 Submitted by @emily_rushing There are a number of large law firms that have officially sanctioned blogs, and we've compiled a list of those that we could find. Out of the National Law Journal 250, we found 136 141 blogs from 53 56 firms.

  143. You updated your resume … now what?? - The Legal Watercooler 12/02/08 Submitted by @heathermilligan Another day and more bad news. If you’re sitting in your office wondering what redundancy reviews, halved or no bonuses, and more partner departures (from the good practices) mean to you, it means it’s time to update your resume. It also means it’s time to get to work creating your presence, managing your reputation, and networking.

  144. Real Advice Hurts - 43 Folders 12/03/08 Submitted by @cyberlaw and @johnsirman In the wonderful Bird by Bird, Anne Lamott talks about the incredible, ripping pain she felt after having her tonsils removed. All she wanted to do was chug pain killers and let the stupid thing heal, but, Anne’s doctor gave her some advice that she found as unbelievable as it was painful: he told her to chew some gum.

  145. We can get through this together - Enlightened Tradition 12/04/08 Submitted by @VMaryAbraham It shouldn’t be a surprise to anyone by now that we are facing one of the most severe economic downturns ever (possibly the worst — history will tell). One response to this is to go on the defensive. This is a tactic that anyone can adopt.

  146. A Survey of Green Building Litigation - What Can We Learn - Wolfe Law Group 12/04/08 Submitted by @constructionlaw Over the past few weeks, Wolfe Law Group has introduced the concept of Green Building to its readers. It's quite clear from these posts that Green Building is a growing phenomenon in the United States construction industry. McGraw Hill reports that green building will triple in the next five (5) years, and there's no sign of it slowing thereafter.

  147. Sixteen Reasons to Tweet on Twitter - Law.com Legal Technology 12/05/08 Submitted by @kama_sue When it comes to social media, I tend to be an evangelist. But even I could not grasp why so many lawyers were all atwitter over Twitter. What value could there be in a microblogging tool that limits each post to 140 characters?

  148. Blawg Review #189 - Infamy or Praise Blawg 12/08/08 Submitted by @colinsamuels This one actually got my vote for "deepest" blawg review of all time. You'll need to pull out your Oxford English Dictionary for this one!! For my first three Blawg Reviews, I've let Dante lead me through Hell, Purgatory, and Heaven. Inconsiderately enough, however, Il Maestro never completed a fourth cantica for his Divine Comedy, leaving me stuck for a theme this time around.

  149. Avoiding the Unauthorized Practice of Law (UPL) in other Jurisdictions with a Virtual Law Office (Part One) - Virtual Law Practice 12/08/08 Submitted by @StephKimbro Frequently I am asked about the unauthorized practice of law in other jurisdictions and how a virtual law practice can avoid this malpractice risk. In a two-part post, I’ll address some of these ethics questions. As more VLOs open and collaboration among attorneys creates VLOs operated by attorneys licensed in multiple states, the issue grows more complex. For the most part, I’m addressing UPL in other jurisdictions as it pertains to a solo or small firm operating a virtual law practice.

  150. The Problem with Bar Ad Rules - AvvoBlog 12/08/2008 Submitted by @corporatetool I’ve posted before about the Louisiana attorney advertising rules and Public Citizen’s lawsuit to stop those rules from being implemented. The last few weeks have seen an additional lawsuit being filed, by the Wolfe law firm, whose specific concern is the extent to which the new rules would proscribe all manner of attorney electronic communication, from blogs to Twitter. We’ve also seen some questions from commentators about whether these concerns are overblown.

  151. Unsolicited Advice on Marketing Demo's - The Many Faces of Mike 12/08/08 Submitted by @mikemac29 In my short time working in Litigation Support, I've been through a number of product demo's from vendors and there are a couple of pet peeves of mine that could easily be avoided. I felt the need to address a couple of them here, in the hopes that someone out there will take the time to do this right!

  152. Happy Genocide Day! - WRONGING RIGHTS - VERY SERIOUS COMMENTARY ON VERY IMPORTANT ISSUES. 12/09/08 Submitted by @sioslo Today is the 60th anniversary of the signing of the Convention on the Prevention and Punishment of the Crime of Genocide, which imposes upon state signatories an obligation to prevent and punish genocide. (A word that was made up by Polish prosecutor Raphael Lemkin when he realized that his original offering "the crime of barbarity" wasn't latin-y enough to be taken seriously by international lawyers.)

  153. The Name's Bono, Pro Bono - SC ACCESS TO JUSTICE WEBLOG Submitted by @SCATJ 12/10/08 It seems only appropriate to use a movie theme as we start to close out the year. After all, in Hollywood, this is the time for new releases as well as a time to reflect on movies from the past year. The same is true in the Access to Justice (ATJ) Community.

  154. Ten basic link building techniques for attorneys - Law Firm and Attorney SEO and Internet Marketing 12/10/08 Submitted by @george_murphy Sometimes, when we start getting caught up in advanced Internet marketing techniques like social media marketing and blogging, we start to forget some of the basics of search engine optimization SEO is, despite what a lot of people have been saying lately (probably because they’re mad about not ranking well for their keywords or because they hired an unethical firm who used some black hat techniques to build links and have now fallen off of the face of ever search engine out there), still important when trying to get more visits to your website.

  155. A SWEET GOODBYE - The Common Scold 12/11/08 Submitted by @commonscold I received sad but not unexpected news this morning — my dad died last night.

  156. Virtumundo Ninth Circuit Argument: Impressions - SPAM NOTES 12/11/08 Submitted by @avvoblog I attended the Virtumundo Ninth Circuit oral arguments in Seattle on Tuesday. (I came in just as counsel for Gordon was part way through. You can access the audio file by searching on this page (enter case no.: 07-35487).) Access a copy of the AG’s brief here [pdf], and Virtumundo’s brief here [pdf].

  157. An Interview with David McKelfresh - The Personal MBA 12/11/08 Submitted by @austinhawkeye David McKelfresh is a senior at Colorado State University, majoring in business and entrepreneurship. David is currently finishing up a study abroad experience at the University of Salamanca, coaches youth soccer, and is in the process of investigating a few opportunities to start his own business. (He’s also my brother-in-law, so we know each other quite well.)

  158. Web 2.0: Don't Miss the Big Picture - Law.com Legal Technology 12/12/08 Submitted by @juliecolgan In a recent article in LJN's Legal Tech Newsletter, the authors went to great lengths to explain the pros and cons of the relatively new Web 2.0 environment that the legal profession is just beginning to embrace, albeit slowly, as they said is usual. The very timely and informative article goes on to educate the reader about blogs and wikis and social networks and podcasts and all of the wonderful things that the Web 2.0 platform can provide for the profession.

  159. Will Enterprise 2.0 ever enter big organizations? - Frederic Baud 12/12/08 Submitted by @lehawes I have been reflecting lately on how Enterprise 2.0’s experimentations could be introduced in a big organization environment. There is a lot of “change management” thinking there for sure: start small, pick quick wins, build a community of supporters,… But it seems that there is also more profound forces involved as well: Enterprise 2.0 represents a real paradigm shift for process oriented organizations.

  160. WEB 2.0 AND THE RECESSION. LITTLE GUYS CAN FINISH FIRST. - Jaffe Associates 12/12/08 Submitted by @kevinaschenbren WEB 2.0 AND THE RECESSION. HOW LAYWERS FROM ANY SIZE FIRM CAN FINISH FIRST. AIG. Lehman. Freddie Mac. Citigroup. GM. When giant institutions are falling like bowling pins, begging for bailouts and shedding staff in numbers higher than an eight year old can count, it’s not surprising that insecurity is spreading rapidly amongst small businesses as well. Law firms are no exception. If it can happen to them, it can happen right here, right?

  161. Quick Primer on Virginia Mechanic's Lien Law - Construction Law Musings - Richmond, VA 12/12/08 Submitted by @constructionlaw If you have spent significant time in the construction business, you have encountered instances where (i) your construction contract has been breached, (ii) you have not been paid, and (iii) you need to file a mechanic’s lien.

  162. The new leverage - Law21.ca 12/12/08 Submitted by @VMaryAbraham Bad news on the economic front continues to pile up — you don’t need the links from me — and the legal profession is finding its ride increasingly bumpy as a result. Wachovia’s legal specialty group reports that partners in large law firms are bringing in less revenue for the first time since approximately the Industrial Revolution.

  163. Getting fired - New Depression Blog 12/13/08 Submitted by @fsethd This is the first sign that it’s the New Depression. Everything was going great at work, or, more likely, things at work were going horrifically, and we got fired. When other people get fired, economists generally refer to it as a recession. When we get fired, it’s a depression. When economists get fired, well, who ever heard of an economist getting fired?

  164. On Good Management - Leading Geeks 12/13/08 Submitted by @bren924 Recently, I was reading an Inc magazine column by Joel Spolsky on Servant Leadership. The first page of the article made sense to me. Other than thinking, "Yuck--toilet cleaning," and then, "Okay; way too much info on bolts and plaster dust," the first page made sense to me, because it talked about leading by example. Clicking over to page two, however, is where the article hit a couple of discordant notes.

  165. Lawyers and social media : It's the big 3 - Real Lawyers Have Blogs 12/14/08 Submitted by @erikmagraken Social media and social networking is the all the buzz in the lawyer marketing world. Every place I presented this year on 'Social Networking for Law Firms' told me they had the largest attendance, or close to the largest, they've ever had. And it's not my looks.

  166. Tax Gas Now - Green Building Law 12/14/08 Submitted by @constructionlaw To stimulate the green technology, repair infrastructure, fund transit and save the world, tax gas now. At this moment, the price of gasoline, our carbon based friend, is $46.28. At this price, green energy technologies like wind and solar are not competitive. Energy efficiency improvements on houses do not make economic sense because energy is just too darned cheap. Thus continues our dependency on oil which is contributing to global warming and funding our frenemies in the middle east. What to do?

  167. Lawyers spamming blogs for SEO - Real Lawyers Have Blogs 12/15/08 Submitted by @LindsayGriffith I'm getting sick of lawyers leaving comments here under the name 'DC Divorce Lawyer' or 'Injury Lawyer.' Is that what your kids call you? Is that how you get introduced when speaking to a group? You mean you use your real name. Amazing.

  168. Ten basic link building techniques for attorneys - Law Firm and Attorney SEO and Internet Marketing 12/16/08 Submitted by @JenniferLCohen Sometimes, when we start getting caught up in advanced Internet marketing techniques like social media marketing and blogging, we start to forget some of the basics of search engine optimization SEO is, despite what a lot of people have been saying lately (probably because they’re mad about not ranking well for their keywords or because they hired an unethical firm who used some black hat techniques to build links and have now fallen off of the face of ever search engine out there), still important when trying to get more visits to your website.

  169. Top 10 Enterprise Web Products of 2008 - Read Write Web 12/16/08 Submitted by @chrisgardill Enterprise adoption of cloud computing, SaaS, and social media (whatever you want to call it) is accelerating. This is a healthy market, in which vendors are doing well in a tough economy. As we near the end of a year that will go down in history with the words "meltdown," "panic," "crisis," and "depression" attached, it is time to celebrate the winners in this market, enterprise-focused web products that are already doing well and poised for even greater success in 2009. And if these products excite you, we invite you to subscribe to the ReadWriteWeb Enterprise Channel.

  170. A Kick in the Career: The Headhunter's Guide to the Highest-Grossing Movies of 2008 - Fast Company 12/16/08 Submitted by @debdobson As an executive recruiter, it is my job to examine trends, gauge the needs of the marketplace and get my clients into jobs that will make the best use of their skill sets. When the process is firing on all cylinders, it is extremely rewarding. The client is happy, and so their work flourishes. The hiring entity is happy because when someone flourishes under their roof, their productivity is likely to increase. And I’m happy because my own hard work has yielded a satisfying payoff: my gifts have been used to help someone else’s gifts get their due.

  171. Optimisation des moteurs de recherche et développement de clientèle - slaw.ca 12/16/08 Submitted by @David_Tournier Aujourd’hui encore, trop nombreux sont les profanes aux yeux desquels l’Internet reste une terre inconnue, aux rituels propres et au langage incompréhensible. Pour se convaincre des réticences que continue à susciter le réseau parmi les professionnels du droit en particulier, il suffit d’ailleurs de faire état de tous les domaines de la pratique au sein desquels son utilisation est encore exclue. Par exemple, le courriel n’est toujours pas un mode de signification accepté par le législateur, et nombre d’avocats lui préfèrent la télécopie pour de simples communications. Les tribunaux de la Belle Province ne permettent pas encore la production de procédures par voie électronique, ni ne fournissent d’interface qui permette de gérer l’instance en ligne. Il serait pourtant possible d’effectuer certaines démarches à distance, comme indiquer au rôle électronique le report de la présentation d’une requête, ou son complet retrait. À défaut de pouvoir se faire sans déplacement, de telles démarches ont aujourd’hui un coût indument élevé pour notre clientèle.

  172. MasterCard card. Card card. Card. - Likelihood of Confusion 12/17/2008 Submitted by @vpynchon A reader writes to New York Times Q&A guy Stuart Elliot with a question that’s on a lot minds: What’s with this “Mastercard card” stuff you hear on the commercials? There are, evidently, two answers, the second of which was LIKELIHOOD OF CONFUSION®’s guess and the first of which is… well, here, read it for yourself:

  173. 4 Constant Twitter Mistakes You Should Avoid - TwiTip 12/18/08 Submitted by @diy_pam Today 10 year old blogger and twitter user - @Gloson from glosonblog.com shares 4 tips that twitter users make. At 10, Gloson has already got a network of over 1800 twitter followers - perhaps he could teach the rest of us a thing or two.

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17 comments:

Toby Brown said...

An incredible list - as it came from a unique approach using an emerging technology from a diverse group of very smart people.

Well Done!

Mary Abraham said...

What a wonderful gift for the holidays! Thanks so much, Greg.

- Mary

Susan Cartier Liebel said...

This is a great idea and a terrific resource. I hope you do it every year...or you may want to do it once a month :-)

Construction Law Musings-Richmond, VA said...

Thanks for putting this together. What a great list and a good resource! Thanks!

Laura Suttell said...

Greg,
Thank you! I look forward to reading these blog posts with an adult beverage in front of a roaring fire.

Daniel said...

Great work! Thanks for the invite to participate.

Anastasia said...

Thank you for this amazing list!

Christoph said...

amazing list! holidays sorted. so much food-for-thought and much healthier than the usual food during xmas time. happy holidays!

Emily C. Rushing said...

this is great. thanks to everyone who contributed, i think we're all better for having shared this.

classactionblawg.com said...

Well done. Thanks for including my entry, and thanks even more for providing the one-stop shopping for some fantastic content.

Marelisa said...

Hi Greg: There's something here for everyone, what a great list. Thank you for including me. Happy Holidays!

Jennifer N. Weil, Esq. said...

Great list! I found some good reading material that I didn't know existed. Thanks for including my entry, too.

Ing. Vladimír Hrouda said...

Great inspiring source. I'll share it with my friends. Thanks

Greg Huntoon said...

Fantastic, I'll be done this time next year, and will need a new list. So, please start preparing 2009's list.

Cheese ass Crimeny that's a long list!!!! Thanks though, because it looks to be a great list, too.

Larry Hawes said...

Thanks for taking the time to compile this list! I found some very useful nuggets here that I would not have known about otherwise.

@avvoblog said...

Didn't realize that you wanted me to pick my favorite tweet - thought it was favorite twitterer. Thanks for compiling this - I've found some new people to follow.

Seattle DUI Attorney said...

Talk about a comprehensive reading list. How do you have time to review each of these sites?

 

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