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October 23 roundup

by Walter Olson on October 23, 2009

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Via Anne Reed of Deliberations: “bring your Ouija board to jury duty and display it openly.” And another: “Bring your cat to Jury Duty dressed as a little baby.”

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Apparently plaintiff TechRadium asserts patent rights over emergency notification systems, and Twitter came into its cross-hairs because, among its many, many other uses, it permits municipalities and other users to warn affected persons of emergencies. [Elefant, Legal Blog Watch; earlier]

TechCrunch and Wired/Threat Level have details on a Texas firm’s claim.

Incidentally, and as a reminder, you can follow this site on Twitter at @overlawyered (a mix of auto-Tweets of new posts, and original links/material), and my personal account at @walterolson (some law-related content, some other). Point of Law, where I also post, has an account too.

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RadioMicMike Semple Piggot at the well known British law site, Charon QC, interviewed me yesterday for his LawCast podcast series. We talked about why British legal blogs are more often personality- rather than practice-driven compared with those here, the pluses and minuses of Twitter, and the recession for big-firm lawyers on both sides of the Atlantic, among other topics. Results are here (iTunes version).

I was also interviewed last week by Duane Lester of All American Blogger for his online radio show “Bloglines” at RFC – Radio for Conservatives. It was something of a Legal Blogging Week for his show — other guests included Eugene Volokh of Volokh Conspiracy and Bill Jacobson of Legal Insurrection. I’ll post the audio link when it becomes available.

Not only have some readers taken seriously the Twitter posts of “Beatrice Bitcher” and “Richard Prickman“, but one of them even invited “Bitcher” to join an online networking group, the Professional Women’s Network of Southern California, which she did. [Ambrogi, Legal Blog Watch]

Matthew Heller at OnPoint News has been digging further into that Chicago landlord-tenant fight that culminated in a cause celebre lawsuit over a posting on Twitter (earlier). More: Marc Randazza.

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Former tenant Amanda Bonnen had just 22 followers on Twitter when she commented in a strongly negative way about Horizon Realty of Chicago. And here’s what a spokesman for Horizon is quoted as saying about its lawsuit:

We’re a sue first, ask questions later kind of an organization.

[Podcasting News, Mashable] More: WSJ Law Blog, Charles @ Popehat, Volokh, Bayard/Citizen Media Law. And according to a followup in the WSJ Law Blog, Horizon has apologized for the “sue first” comment, characterizing it as tongue in cheek, and says when it filed the libel action it was already the defendant in a lawsuit filed by Bonnen.

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Should we assume this Southern California lawyer is even aware of the Twitter account sending out messages in his name? The “Bio” line seems to have been drawn up by someone trained in the Borat school of copywriting:

Bio Hi I am Attorney Robert A. B[...]. I am running a successful personal injury Lawyer in Los Angeles California. My Law firm offer legal representation for……………

As of this evening, 186 Twitter users have seen fit to follow the account.

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July 14 roundup

by Walter Olson on July 14, 2009

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Our “law firm would be happy to discuss your rape case with you during a free consultation” [The Briefcase, Ohio law blog; original, posted by a Boston law firm, Jan. 2008]

While we’re at it, Above the Law spots a San Antonio lawyer whose advertising leaves something to be desired in the tastefulness department; and Patrick at Popehat enters into communication with the Twitter account @SueEasy (more on which) with lively results.

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Social media reminders

by Walter Olson on June 18, 2009

Haven’t promoted it in a while, but Overlawyered has its Facebook fan page. Find out who else is a fan! And the Manhattan Institute for Policy Research, with which I’m affiliated, has just launched its own fan page here.

While we’re at it, remember that if you’re on Twitter, you can follow Overlawyered (featuring sporadic original material as well as a feed of new posts), Point of Law (ditto), and my own personal account.

Also while we’re on the subject, please take a moment to add Overlawyered to your RSS reader if you haven’t already.

Per Venkat Balasubramani, the Cardinals manager’s legal claims against the micromessaging service over a spoof account “look tenuous” (via Ron Coleman).

May 12 roundup

by Walter Olson on May 12, 2009

  • Florida: “Law firm is found liable for injuries to client who fell off a chair” [WPBF via Bernabe]
  • Monsanto, known for hardball litigation over its patented seeds, might regret taking on duPont [AmLaw Litigation Daily, earlier here and here]
  • Kenyan man sues women’s rights activists for leading sex boycott that his wife joined [Daily Nation]
  • Notice a “sign this EFCA petition” message in your Twitter stream, about the controversial card-check union bill? Better check out its bona fides [Point of Law]
  • RIAA said it was going to stop filing new cases against music downloaders, but that might depend on what the definition of new cases is [Ars Technica, AmLaw Litigation Daily]
  • EEOC guidance warns employers about violating ADA in trying to cope with H1N1 flu virus in workplace [Daniel Schwartz, Workplace Prof Blog; related, earlier]
  • Cluelessness, more than censor’s urge, might explain that ghastly bill filed by Rep. Linda Sanchez to combat “cyberbullying” by throttling online speech [Jacob Sullum; earlier here, etc.]
  • Buxom British gals claim victory after Marks & Spencer rescinds $3 surcharge on larger-size bras [AP/Idaho Statesman, The Sun via Amy Alkon]

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Self-description of @washtenawjail, a Twitter account launched on Saturday: “I spent 5 months in the Washtenaw County Jail in 2008. I had never been in trouble with the law before. Here’s what I experienced – 140 characters at a time.” Washtenaw County is west of Detroit; its largest cities are Ann Arbor and Ypsilanti.

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  • Did you know that you can use the advanced search function at the SEC’s EDGAR database to track some of the losses in the business world from the Consumer Product Safety Improvement Act? (h/t Sunny Day Notes). Thus the Dollar General chain reveals in a 10-k filing that it took a charge of $8.6 million due to the sudden loss of value of merchandise early this year when a court reinstated CPSIA’s retroactive ban on phthalates in children’s playthings. Mark Riffey also suggests Google searches combining 10-K with CPSIA. (More on the countable costs).
  • A Quick Guide To What’s Wrong with the CPSIA” by leading reform activist Rick Woldenberg is more a jumping-off point for discussion than a finished bill of particulars — it doesn’t bring up the needless burdens of the law’s testing regime, for example. And it argues for more reasonable implementation without really taking issue on principle with the wisdom of the law. But it does have the advantage of being couched in the sort of Washington language a legislative staffer might be willing to take to colleagues.
  • Speaking of quick guides, Carol Baicker-McKee has done up a two-page fact sheet on the need to fix CPSIA before it does more harm on the vintage-books front. Valerie Jacobsen polled both sellers and buyers in the homeschool market for used children’s literature and found that nearly all the buyers, and for the time being most of the sellers, were ignoring the CPSC guidelines that discourage most resale of pre-1985 volumes. Deputy Headmistress had a great post last month summing up reactions on the vintage-books front from David Niall Wilson, Amy Ridenour, Zodi @ Tim & Zodi, and less admirably, Consumer Reports/Consumers Union (which seems to be perfectly fine with the law’s effects). And did you know there’s a displayable sidebar widget of “CPSIA Endangered Books” based on the Flickr group with that theme?
  • I am sorry to say I believe the story Jacobsen told at her site last month:

    I just had an interesting conversation with Jared at the Senate Commerce Committee at 202-224-5115. Jared told me that the Commerce Committee had been unaware that pre-1985 children’s books (he knew about that restriction already) would still have commercial importance and ongoing value for children’s use. … Jared asked a lot of questions and twice expressed that it was new information “to the Committee” that these books still have any market importance.

    The comments section to that post is a particularly good one for those interested in the fate of vintage children’s books or in the attitudes widely held on Capitol Hill; see also Deputy Headmistress.

  • Not a good sign: the Obama/Biden campaign took a simplistic “ban ‘em all” view on CPSIA issues in its document “Barack Obama: A Champion for Children” (PDF) And (h/t Mark Riffey) it was two and a half years ago that Rep. Henry Waxman and then-Sen. Obama reached for headlines by blasting the U.S. Capitol gift shops over its sale of trinkets and souvenirs containing lead — no need for careful distinctions about which such items if any might present actual, material hazards and which do not. (Dec. 11, 2006 announcement).
  • Rain boots, buttons, Dr. Seuss: What passed and what didn’t when the owner of a Chicago-area resale store did x-ray fluorescence (XRF) testing to detect lead levels in many vintage kids’ products [From My Room]
  • Pete Warden’s neat Mailana venture (among other functions) will analyze a group of Twitter connections to detect patterns. It indicates that of the 1,300+ persons now following @walterolson on that service, the two most distinctly identifiable social clusters are toymakers and lawyers. I feel torn sometimes between the North Pole and a hot place.

Public domain image courtesy ChildrensLibrary.org: Walter Crane, illustrator, The Baby’s Aesop (1887)

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March 17 roundup

by Walter Olson on March 17, 2009

  • Asks to have $12.6 million verdict set aside because juror Twittered about the case [Little Rock, Ark.; AP/Yahoo]
  • Florida legislator opposes “animal husbandry,” thinks it’s sin forbidden in Book of Leviticus. And “Larcenia” is probably the most perfect first name for a politician I’ve ever heard [Popehat]
  • Eleventh Circuit upholds most charges against Alabama ex-Gov. Don Siegelman [AP/New York Times, earlier]
  • D.C. Council member bullies tiny non-profit paper, says advertiser “will be held responsible” [Marc Fisher, WaPo; Brookland Heartbeat]
  • “Worst teachers are rarely formally removed from the classroom” [Denver Post]
  • Blogger calling fashion model a skank makes an unsympathetic figure, but the implications for blog anonymity could be serious [NY Post, Scott Greenfield, (Cit Media Law, earlier]
  • Barbie says, “Governing West Virginia is hard!” [@cathygellis; Lowering the Bar; earlier]
  • Student journalists are blogging dismissed professor Ward Churchill’s lawsuit against the Univ. of Colorado [Race to the Bottom via Ambrogi, Legal Blog Watch]

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For readers on Twitter

by Walter Olson on March 4, 2009

A reminder: if you’re on Twitter, the ever more popular micromessaging and social media service, you can follow me at this link. You can also follow Overlawyered itself; its account mostly consists of a “feed” (in which each new post on the site results in a message), but I’ve also been experimenting with putting some original material on it, mostly short items destined for future roundups. I’ve also got Twitter identities for Point of Law and for my Secular Right site, and those likewise are primarily but not exclusively feeds.

Most new Twitter users are at first bewildered by the special jargon and conventions, such as “RT” (retweet, for passalong items), scrunched URLs, @ replies, #hashtags, and so forth. You can find a quick introduction at this link. These days I monitor the #CPSIA hashtag in particular, and often learn of new developments there first.

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