tag:blogger.com,1999:blog-187503792011-10-25T01:05:02.446-07:00An attorney in the Bay Area blurbs about the amusing and serious experiences of a legal career.Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.comBlogger3051100tag:blogger.com,1999:blog-18750379.post-30008099234237117962011-01-01T13:56:00.000-08:002011-01-01T14:30:49.274-08:00

A little over two years ago, I was devastated when my firm laid off me and half of my class as the economy tanked. After that, I was very lucky to land at Sun Microsystems, and even luckier a year later to move to a music startup. I eventually became Corporate Counsel at an amazing company of amazing people (including a General Counsel that I adore to this day) in the industry I love. It was

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-79796082037988961182009-12-29T12:22:00.000-08:002009-12-29T12:32:30.897-08:00

One of the things I really like about this media company is the work environment. Unlike my last job, where I was in a small office, we have an open floor plan here. The office is a large room with very high ceilings, and desks scattered around in clusters (plus the obligatory couches, coffee tables with turntables on them, and yes, ping-pong table). There are about 15 people at our location.

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-7558212094985653542009-11-18T08:35:00.001-08:002009-11-18T08:41:52.719-08:00

When I interviewed for the position at this startup, one of the guys informed me that, if I didn't know already, the music industry is very old school. For example, he said, none of the industry attorneys will use the track changes feature to redline agreements. They mark them up by hand and have them emailed to you as a PDF. This seemed amazing to me, but believable. To be fair, I know older

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-88263783807077200852009-11-10T15:30:00.000-08:002009-11-10T15:41:19.257-08:00

I'm very happy to report that I secured a part-time gig at a very cool company. It's a media company that works with musicians - and I'm a big music person. I also really like that the GC (who I'm working under) is a woman. That's a special treat because it's rare, and because she's cool.I was connected with this opportunity by one of the partners at my old firm, which has led to an odd

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-84408866219766187152009-10-26T10:58:00.001-07:002009-10-26T11:05:15.075-07:00

I'm working on registering a trademark for my client. I spent some time on the PTO website (where federal marks are registered) searching their database. It's not flashy, but it has several levels of advancing search capabilities, such as boolean, different fields, etc. Then I went on the California Secretary of State website to search whether my client's name was registered in California. I

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-51350990506242751352009-10-23T15:17:00.000-07:002009-10-23T15:37:30.425-07:00

Time to share some observations and advice on the market. Caveat being that I don't know whether my own experiences are part of a trend (local or global? industry-specific?), or the product of my own luck-making. - Salaried positions for entry-level attorneys are scarce and extremely competitive. I applied for an in-house transactions position, and saw that an attorney I know knew someone in HR

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-41970269636610495792009-08-21T14:01:00.000-07:002009-08-21T14:01:16.308-07:00

Yesterday the news was out - the Oracle acquisition was approved in the US. I don't think there will be any changes until the EU approves it.In other news, I've discovered how to make every client happy: email them. Whenever I get a sweet email from a client, it's because I've been responsive. Even when I don't have any news, I send emails to let them know I haven't forgotten about them. And

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-37881511056314058672009-08-07T15:42:00.000-07:002009-08-07T17:21:59.522-07:00

There are many odd things about being in an acquisition, not the least of which is having an enormous support system for job searching. It's also wonderful. I have an interview coming up, and I don't want to jinx myself so I won't say much - except that I'm so excited about the position and the company that I've barely slept for several nights.The resources at Sun are amazing. I got advice

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-65626422425894437912009-07-10T17:20:00.000-07:002009-08-07T17:28:36.739-07:00

In an epic quest to increase my knowledge, a bit ago I started scouring the earth for resources on drafting agreements. What I really wanted was a book that would review individual provisions and tell me what they meant. (Eg, What's the difference between perpetual and irrevocable?) I got PLI podcasts on negotiation, and a two-volume collection on IP Licensing. The most valuable resource I've

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-19466487034041103232009-06-24T17:16:00.001-07:002009-06-24T17:32:24.894-07:00

I've been repeatedly learning a lesson about working in-house: don't let your clients bully you. This is difficult because attorneys want to make their clients happy; even in-house, where your "clients" are other people at your company.For example, I had a program manager (an engineer) insist that we have the rights to use this code in a new Solaris build. I had to dredge up the agreement and

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-68761260619148245392009-06-11T11:22:00.000-07:002009-06-12T08:44:50.521-07:00

On Tuesday I gave a presentation to the VPs of all the legal groups at Sun. I've been working with Sun's Vendor Manager on a new program for engaging outside counsel. I did much of the nuts-and-bolts - rewrote the policy on our wiki, generated the roll-out email, etc. - but the Vendor Manager is usually the one presenting our progress. She was out of town at a conference, so she asked me to do

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-71213878534420613302009-05-13T16:17:00.000-07:002009-05-13T17:38:12.158-07:00

At work I've been updating our retention agreement for outside counsel. This led me to read some materials on legal drafting (specifically the work of Bryan Garner, familiar to many law students). I know it's geeky, but I find it extremely satisfying to edit contracts in this way. I cut down Sun's retention agreement by 2 pages! Same info, fewer words. And turning a giant, impenetrable

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-46798870073187224552009-04-20T16:10:00.000-07:002009-04-20T16:10:59.073-07:00

I was on a call early this morning when Mike dropped by my office. Being on the phone, he wrote a message on my white board: You'll recall that I bonded with Sun's GC because we both blog. He clarified later that some of the info revealed to us was bloggable, but some not. I'll stick to the bloggable...The buzz here has been pretty positive - my own feelings, based purely on branding, is that

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-89322490937216965402009-04-07T17:13:00.000-07:002009-04-08T08:34:13.063-07:00

Being one of those people who are usually cold, I learned to keep my office door closed to trap in the heat emitted by my immense monitor. It worked; my office was toasty. I observed carefully and found that about 50% of people kept their doors closed, probably for the noise. (I also play Pandora all day at work on external speakers, and worried about the sound getting out.)I kept my door

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-7985467762340422822009-03-30T18:25:00.000-07:002009-03-31T08:39:52.175-07:00

I came very close to being on a jury. I was summoned, and when I checked online, my group had to report. This is the third time in as many years that I've been summoned - the other end of California's massive prison system, I suppose. But I never had to show up before!It was actually pretty fascinating, even aside from the legal angle that would naturally interest me. There were about 40 of

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-83550965046939694452009-03-30T17:59:00.000-07:002009-03-30T18:23:14.035-07:00

It was a little surreal: I was about one mile into my commute to work two weeks ago, listening to NPR the way I do every morning. "The Wall Street Journal is reporting that IBM may be in talks to acquire Sun Microsystems." I managed to maintain control of my vehicle, but it was extraordinarily shocking. With a company as big as Sun, it's not exactly an anticipated possibility.Naturally

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-37325186096686331392009-03-06T16:06:00.001-08:002009-03-08T15:49:36.045-07:00

At the firm, I was repping tiny startup companies and clutching at the skirt of BigCo, pleading for provisions. Now I am BigCo. (Might as well come out with it: Sun Microsystems.) It's taken some getting used to; I'm still learning to say No in negotiations, and that sometimes it's okay to have residuals in an NDA.Some other things I've had to adjust to:* The lawyers I work with have time.

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com3tag:blogger.com,1999:blog-18750379.post-56435598799810315632009-01-29T20:58:00.000-08:002009-01-29T21:12:39.349-08:00

During my period of unemployment, I went to a party one night where I met a bunch of new people. In conversation, I struggled a bit when they asked me what I did - not wanting to spill out my sob story and all that. But after a few people I had an epiphany, and said, with real comfort, "I'm an attorney." It's nice knowing that no matter where I go or what I'm doing, I'm still that. So my

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-55873513232991492302009-01-20T15:40:00.000-08:002009-01-20T16:00:37.097-08:00

I've been meeting with some attorneys (friends of friends) to talk about the industry. One of them is at a big corporate law firm, and he knew I had a blog. (He informed me that he writes Blogging Policies for his clients, and that he was coming around to the belief that an employee's blog posts should be attributed to the company for Securities law purposes.) He asked me at one point, wasn't

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-27889825782487671322009-01-14T09:56:00.001-08:002009-01-14T10:27:25.533-08:00

So, good news! I've been hired, though it's not a salaried position. It's a contract position, but it's for a very big, very badass software/hardware company. I'm not going to name it, but if you've read this blog the following will probably let you figure it out. Nevertheless, I have to give credit where credit is due. I met the in-house counsel of this company while I was in law school.

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com6tag:blogger.com,1999:blog-18750379.post-2189662244249006782009-01-07T17:28:00.001-08:002009-01-08T17:40:46.873-08:00

I went to the first Tech Policy Summit of the year on Tuesday, a talk about privacy sponsored by Facebook. The speakers were my supervisor Jim Dempsey of CDT, Chris Hoofnagle of the Berkeley Law and Technology Center, and Chris Kelly, CPO of Facebook. I was especially interested when Kelly talked about how many users tweak their privacy settings. I think Facebook's privacy settings are

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-54621690686948698522008-12-29T19:34:00.000-08:002008-12-29T19:56:15.422-08:00

The more I think about it, the more this feels like the end of a personal relationship. Like the first time I had my heart broken, I'm determined to make this teach me to recognize true love. In that vein, the best cure for a broken heart (I've learned) is to find someone new. I need to continue my training while I search for a new job - which could be awhile, in this economy. So for the

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-10892042264465647112008-12-17T14:57:00.000-08:002008-12-17T16:57:06.413-08:00

The economic crisis hit home for me. At the firm there were rumors of an announcement last week, but it never came. On Monday, two partners swept into my office, and I knew. I was laid off.They emphasized that it was not personal, that everyone really liked me and my work product. It makes sense; I was the only first year in the IP group, and because they made cuts across all departments...

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com14tag:blogger.com,1999:blog-18750379.post-12485291735270562202008-12-12T14:51:00.000-08:002008-12-12T14:56:19.932-08:00

EFF is "cautiously optimistic" about rumors that Warner Music maybe exploring the long-awaited collective licensing model for music file-sharing on college campuses (which I've gushed about). Universities would pay Choruss, a new nonprofit collecting society, in exchange for an end to the "John Doe" subpoenas seeking student identities, DMCA notices, lawsuits against students, and legislation

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-51445063325324713482008-12-08T14:26:00.000-08:002008-12-10T09:53:15.653-08:00

My firm is moving to a new building in February. Currently we're in two buildings, and we're moving to a Google-esq complex with gym, cafeteria, outdoor pool. Amenities aside, the goal is for all of us to be in one building. It's amazing how proximity affects relationships, even on this scale: it's a lovely 5 minute walk to the other building, yet I'm significantly closer to the folks in my

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-59438682408829745432008-12-03T21:38:00.000-08:002008-12-03T21:50:44.954-08:00

I'm pretty fond of website feedback (eg, my Squeaky Wheel segment on my other blog). Now that I'm working with websites, it warms my heart to see how responsive they are to their users, especially early adopters. One of my clients contacted me very urgently to request that we add a Creative Commons licensing scheme to their Terms of Service. Users can almost always slap CC licenses on their

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-16083210315184005022008-11-26T10:07:00.000-08:002008-11-26T10:18:20.286-08:00

I passed! I distantly remember feeling confident when I walked out of that exam, but the passage of time eroded that warm fuzzy feeling. The final three days before the results were released were hellish: I was irritable, couldn't sleep, and was plagued by dark fantasies of failure. I feared the humiliation, that at work I'd be wearing a scarlet letter. I left the office early but got stuck

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-50532378481304637082008-11-02T09:20:00.001-08:002008-11-02T09:40:52.861-08:00

I've now been working for almost one month, so I'm ready to set down some observations. (And I finally found the time!)The first week was a bit overwhelming. I've never worked at a large firm, much less at this firm, so everything was new to me, from the document management system to the coffee machine. My fellow fall associates, who I'd worked earnestly to get to know, I rarely saw. The

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-54028564273658795412008-09-19T10:29:00.000-07:002008-09-19T10:43:55.133-07:00

A few weeks ago, I thought to myself, "I should get a book on being a first year associate, since I have no idea what I'm about to get into." Lo and behold, a book fell into my lap. I read The Young Lawyer's Jungle Book, and here are my thoughts.First of all, there are good pieces of information in here, especially the very detailed pieces. For example, when you're working on a project for one

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-76249054976573269342008-09-05T13:39:00.000-07:002008-09-05T13:44:48.399-07:00

I received a positive determination on my moral character evaluation. (Mentioned here.) I guess it was sometime in January that I first submitted it - 8 months ago. The envelope was a slim one from the State Bar of California. When I opened it and announced the news to my SO, he ducked his head in shame."I know," he confessed. "I held the envelope up to the light and read it."

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-57625927708181629202008-08-24T15:29:00.000-07:002008-08-24T15:46:36.567-07:00

Here are some of the [silly] questions I had, which I was forced to ask of previous testers. Q: They limit the things I can bring into the exam room. What if I want to bring my lunch?A: The secured exam area is larger than the exam room. In Oakland, it was the hallway that led to the exam room. Everyone stashes their bags with lunch and notes in that hallway, and they have security guards

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-54721214219695456592008-08-20T15:01:00.000-07:002008-08-20T15:27:58.671-07:00

So I've returned from a lovely bar trip, ready to share my bar experience.I stayed at a hotel across the street from the testing center. The first night I fell asleep pretty easily, with the clock alarm, my cell phone alarm, and a text message from my SO, all set to wake me. Unnecessary, as I woke a few minutes before they went off.The test center was a huge warehouse, with giant ultra-bright

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-86706988056175257692008-08-08T10:25:00.000-07:002008-08-08T10:33:05.629-07:00

Yes, I am done! I'm bursting with things I want to post about (my answers to the true bar exam FAQs, what was going on in my mind, how hard it was, etc.) but right now I'm on holiday as they say, here in Europe. I'll be back August 20th, but I wanted to drop a line here to say I survived, and that I felt good about how it went, and most importantly, to give my deepest thanks to the folks who

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-35183725937689324342008-07-24T20:42:00.000-07:002008-07-24T20:49:52.692-07:00

A week from today I'll be done, and not a moment too soon as I feel like I'm losing my mind a bit. If you're studying for the bar, I know what you're thinking: only just now? Yeah, just now:I've been obsessing for several days about how absurd it is that I've been in law school for three years and I never came up with a shorthand abbreviation for "judgment." How could that possibly be? (I

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com7tag:blogger.com,1999:blog-18750379.post-83744949828870464312008-07-22T09:34:00.000-07:002008-07-22T09:34:48.764-07:00

A fellow bar-slave of mine came over to my place the other day for a visit, and she was, naturally, immediately drawn to my study location to examine the scene. She's using outlines, not flashcards, but she commented that my flashcard piles were much smaller than those of other's she'd seen. "Well," I offered with a sly grin, "I only make flashcards of the stuff I don't know."  

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com3tag:blogger.com,1999:blog-18750379.post-14885602389041063052008-07-15T10:00:00.000-07:002008-07-15T10:07:29.771-07:00

Penultimate day of Barbri: essay workshop. Professor Sakai reiterated Professor Honigsberg's command that we act as sheep and follow the herd in our essays. His version:"As my dad told me, 'It's always the nail sticking out that gets hammered down.'"

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-57377018444217551812008-07-13T09:58:00.000-07:002008-07-13T09:58:13.975-07:00

I was in Oakland yesterday, and naturally I had to scope out the territory. The Oakland Convention Center is in a giant Marriott hotel. A friendly security guard took me back to the convention halls and unlocked the door so I could peak in. A giant empty room with hard floors. It reminded me of taking the MPRE, which I should have realized would be good practice.I almost got sick on the ride

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-36832150167867095822008-07-12T11:03:00.000-07:002008-07-12T11:13:09.596-07:00

Friday was my last substantive Barbri lecture. We had Thursday off with a regular homework assignment, and jeez, that was sweet. I felt like I was able to devote my highest energy levels to studying. After three or four hours of lecture in the morning, it's hard to attack the homework with real vigor. Community Property was the last area of law, and the only one I'd never taken a course on in

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-15124716833521356082008-07-09T13:41:00.000-07:002008-07-09T13:52:36.437-07:00

Three comments having to do with the physical impact of studying for the bar:1. I have a second gray hair. I discovered the first one about a year ago in law school. I'm 26 years old. 2. Speaking of hair, I have this nervous tic when I'm doing a lot of concentrating and studying, which is that I rub my eyebrow. My right eyebrow currently has a gap from incessant rubbing. 3. Finally, I'm

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-25001741810657738312008-07-01T10:05:00.000-07:002008-07-01T10:09:24.134-07:00

I had a fond memory from Civ Pro my 1L year today. (Seriously!) I remember my professor teaching us about California's answer to a complaint, which is known as a "demurrer." He had us repeat it out loud as a group, to be sure we wouldn't embarrass ourselves some day by pronouncing it "demure-er," as in more demure. The correct pronunciation is "duhmuhrer."

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-29235011001150122632008-06-30T15:40:00.000-07:002008-06-30T15:47:48.822-07:00

After over an hour of 47 pages of Civil Procedure in my Conviser Mini Review last night, I almost lost it when I read this paragraph:Judgments are generally enforceable while post-trial motions are pending unless the court orders otherwise. Thereafter, if the judgment is appealed, a federal court will stay execution if a bond is posted, unless the order was for an injunction or receivership. In

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-43026445300393157992008-06-22T15:45:00.000-07:002008-06-30T15:49:06.315-07:00

I saw the Wall today. As in, "Late June is when you'll probably hit the wall in your studying." The assignment for today was a practice half-day MBE, so 100 questions in 3 hours (mixed subject). I glimpsed the wall when I saw the rest of the assignment: simulate two remedies essays. I got about 60% right on the MBE practice, and I'm not sure where that leaves me. It's really painful to check

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com4tag:blogger.com,1999:blog-18750379.post-7011167627240728572008-06-19T12:44:00.000-07:002008-06-19T12:54:13.531-07:00

Our Real Property professor, Paula Franzese, is probably my favorite so far. She's fast and she's funny, and she sings for us. (She's also the only woman we've had so far.)Today was the last day of Property, and during the last segment she was covering the miscellaneous water rights. Our outline provides the text of the rules with blank spaces for us to fill in the words. For example, the

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com3tag:blogger.com,1999:blog-18750379.post-16272477253768367692008-06-13T09:58:00.000-07:002008-06-13T11:08:13.823-07:00

It's exceptionally valuable having a supportive significant other while studying for the bar. Mine has involved himself in my studying by quizzing me with flashcards. I realized this morning just how involved he's been.My boyfriend's band has a show in two weeks, and he usually has a friend of his video record their gigs. I've started assisting his friend, but I'm not exactly a film school

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-28298840106547942092008-06-09T17:19:00.000-07:002008-06-09T17:38:28.840-07:00

There's something about the Barbri books that's been driving me completely nuts: page numbers.The In-Class Workbook is a prime example. The book is divided into multistate subjects and state subjects, and these subjects are divided alphabetically within the book (small comfort). There are page numbers within each subject, but no universal, book-wide page numbers. (I rationalized this by

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com5tag:blogger.com,1999:blog-18750379.post-61041532444488219982008-06-05T10:03:00.000-07:002008-06-05T10:12:39.916-07:00

Today we watched Erwin Chemerinsky's DVD lecture. Chemerinsky is the god of Con Law, revered by many generations of attorneys who were taught Con Law by him in Barbri. (I flew 600 miles with a stomach virus to hear him speak.) The most remarked upon quality of his lectures is that he uses no notes whatsoever. Without using any books, notes, or even a podium, he guided us through out handout,

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com3tag:blogger.com,1999:blog-18750379.post-69031804864236333202008-06-04T13:55:00.000-07:002008-06-04T13:57:59.230-07:00

Courtesy of Wikipedia, two relevant pieces of information:In 1974, both San Francisco-based "Bay Area Review" (BAR) and Chicago-based "Bar Review Institute" (BRI) were bought by publishing giant Harcourt, Brace, Jovanovich, and promptly merged.And, source of the Conviser Mini Review book:Richard J. Conviser became president of the merged subsidiary.

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-10856800680748625182008-05-29T16:15:00.000-07:002008-05-29T16:24:53.250-07:00

I've started Barbri this week! I'm doing the taped version ("DVD version" would be more accurate). The teaching professor appears as a giant Wizard of Oz head on the projector screen. We started with Evidence; here's a highlight from our professor while discussing the use of a document to jog the witness's memory on the stand:"Lawyers call this 'refreshing the witness's recollection.' Lay

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-61111116788325653382008-05-18T21:32:00.000-07:002008-05-18T21:47:37.166-07:00

Graduated! These three years went by quickly, but still, I feel like a different person. When I think back to who I was when I started, it feels like a long time ago. The timing is right for me - I wasn't sick of school, but I was tired of it, and I'm ready to move on to something different. I'm excited to start working, but first: the bar...I did PMBR last week - Preliminary Multistate Bar

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com4tag:blogger.com,1999:blog-18750379.post-50785741109116699862008-04-28T08:57:00.000-07:002008-04-28T08:59:17.867-07:00

Sadly, I'll be out of town for the 3rd Bay Area Blogger's meetup. But the invitation is open to others:The High Tech Law Institute at Santa Clara University School of Law is pleased to sponsor Bay Area Blawgers 3.0, the third gathering of legal bloggers in the Bay Area and friends. This time we're thrilled to co-host the event with the Berkeley Center for Law & Technology at the UC Berkeley Law

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-52232232071923144242008-04-26T14:21:00.000-07:002008-04-28T09:47:30.260-07:00

From a CALI exercise: someone can be your stand-in at your marriage.

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com3tag:blogger.com,1999:blog-18750379.post-59272749709721937142008-04-26T11:20:00.000-07:002008-04-26T11:29:32.408-07:00

Wednesday I had my last law school class, a Corporations pseudo-review session. (My professor: "I don't want this turning into a pop-quiz of the professor. Don't go asking me for the elements of the Business Judgment Rule.")A week from today is my Corporations final, my only one. (I also have a paper due in another class, but all it needs is a polishing.) When I was a 2L a 3L friend advised

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com3tag:blogger.com,1999:blog-18750379.post-69986705170837218452008-04-17T11:30:00.000-07:002008-04-17T11:38:22.568-07:00

You've seen it before: the folks at PMBR, or student groups in the promenade, sitting there behind a table with a bowl of candy. Reese's Peanut Butter Cups, Nerds, Starburst two-packs. You have zero interest in whatever they're offering you, other than the candy of course, in which you have an immense interest. I hate this moral dilemma! Do you:1. Feign interest and listen to their pitch as

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-16321842872457347352008-04-12T10:15:00.001-07:002008-04-12T10:17:53.429-07:00

My Corporations professor, after a reading assignment on shareholder distributions (dividends and selective repurchases):“If anyone had fun doing tonight’s reading, please see me after class." He paused. "There are therapies for that.”

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-25237627312424652352008-04-06T13:37:00.000-07:002008-04-06T13:59:27.557-07:00

My Corporations professor, an adjunct - he's an Antitrust partner at a firm - was recently offered a permanent position to teach the course. Last week he admitted he was horrified to learn that we law students refer to the class as "Corps." "I know this class isn't as exciting as some others, but really guys - we have come up with something better than that!" The amusing part to me was that he

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-11023166514779430762008-04-02T19:23:00.001-07:002008-04-02T19:24:32.639-07:00

The oft-repeated summary of life in law school:1st year: Scared to death2nd year: Worked to death3rd year: Bored to death

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-85752973671242796682008-04-01T12:56:00.001-07:002008-04-01T13:17:17.614-07:00

I would be remiss if I failed to mention the recent news in net neutrality. Comcast has agreed to work with BitTorrent, the P2P megasource, and to begin ceasing discriminating against BitTorrent traffic. I credit the pressure from the FCC investigation and the overwhelming business sense: P2P is becoming a vital way to transfer video legally. In other news, Warner Music is exploring

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-30868355319662827772008-03-24T21:41:00.001-07:002008-03-24T21:44:14.331-07:00

Last week the GC/VP of Sun Microsystems Mike Dillon came for a Q&A as part of an event my student group hosted. He was fantastic, and he has a (Sun-endorsed) blog! Here's an excerpt from a post I particularly enjoyed on recommendations for life as in-house counsel:Always be the calmest person in the room. Too often attorneys inflame a stressful business situation, rather than providing calm and

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-13274471949225377272008-03-06T21:37:00.000-08:002008-03-06T21:37:23.136-08:00

My last Spring Break! Probably for ever. I went to Vegas (for a friend's wedding) and on a road trip to Big Sur and Santa Barbara. I focused on total abandonment of reality, which was largely successful except for a panicked moment at the hotel to register to take the Bar. You register as a 1L, so this was choosing my test center. The nearest is in Oakland; the San Francisco test center is

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-58049806354322575852008-02-14T14:32:00.000-08:002008-05-18T22:38:17.288-07:00

I was reading my Legal Drafting notes this afternoon when I noticed an amusing slip. Our prof had advised us we should never bring any outside knowledge into the performance part of the bar exam. You only want to work within the closed universe the testers provide. My notes read:"Don't be creative. Don't bring in actual knowledge."

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-76558125140049993412008-02-13T16:02:00.000-08:002008-02-13T16:14:11.510-08:00

I've been contacted by former employers in the past week about my moral character evaluation. I haven't received word from any of my personal references, but if anyone is wondering, apparently they at least check up with former employers. (California requires attorneys-to-be to fill out a 37 page application with questions like, 'List every address you've lived at for the past 8 years.' The fee

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-13379982993981077502008-01-27T20:59:00.000-08:002008-01-27T20:59:11.678-08:00

Our Symposium on Net Neutrality was a success! You can find live-blogged details here by my co-writer on Webbed Footprint. We'll be posting the recorded event on our website soon as a podcast. Thanks to everyone who attended in person and online!I'm still recovering from the energy expenditure of hosting this incredible event, and the subsequent celebratory debauchery. I did get to hang out

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-28039802481580769512008-01-24T08:58:00.000-08:002008-01-27T21:02:55.053-08:00

UPDATE: This photo appeared on Boing Boing! From the Electronic Frontier Foundation's Legal Director Cindy Cohn:We're asking folks to take a picture of themselves with a sign thatsays something like: "Stop the Spying - No Telecom Immunity" andindicating their city and state. They can also do a short video. We'dlike them to email the photo or video to us and we'll post them onour

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-1267307792437422592008-01-23T19:30:00.000-08:002008-01-23T19:40:36.172-08:00

I'm currently taking a course called Legal Drafting. Every other week we take a three-hour exam from real Bar exams. They consist of the Performance Exam section of the Bar. You're given an assignment (write a memo, an appellate brief, etc.) called a task memo. You're provided with two stapled packets: a Library of cases and statutes, and a File, consisting of lower court briefs, deposition

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-82817252430601315692008-01-16T13:47:00.000-08:002008-01-16T13:51:40.892-08:00

My Corporations professor discussed agency on the first day of class. He proposed a hypothetical where his assistant (he works at a firm) bought lunch for a meeting and paid with a firm credit card that she'd been told specifically never to use for that purpose. The firm eats the food and then refuses to pay the bill. The question was whether his assistant was an agent of the firm such that

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-87654227591453541502008-01-10T17:38:00.000-08:002008-01-10T18:02:38.819-08:00

Do you live in the Bay Area? Would love for you to attend my student group's symposium! Anyone who comes and tells me they read it on my blog gets a special surprise gift...Net Neutrality refers to free access to the Internet without discrimination based upon content, how often a user accesses the Internet, or the type of services and programs used.The University of San Francisco School of Law

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-38674211651685138992007-12-29T12:17:00.001-08:002007-12-29T12:30:32.552-08:00

Predictably enough, after five days of vacation-stasis I'm bored out of my mind. The lack of activity makes me anxious because I feel like I should be doing something, and I'm not. I already restored my habitat: cleaned my apartment, took out the recycling, watered my poor plants, caught up with neglected friends. What do I do with myself?I decided to write a paper. In the hopes of getting it

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-54661460825448669722007-12-23T16:58:00.000-08:002007-12-23T17:04:34.918-08:00

I confess I've been cheating on this blog with another blog! I co-launched a new blog with a friend of mine. It's about the nuances of social interactions online. For example, I (as "Sansserif") posted on the differences between "LOL" and "haha!" during an IM conversation. My co-blogger ("Youareyou") has written on such topics as the irrationality of a new Facebook group called Six Degrees

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-67259852819593354642007-12-16T13:30:00.000-08:002007-12-16T13:32:26.599-08:00

A few photos of Larry Lessig from the CC birthday last night:   Yes, he did show up in person!

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-19945647656635189432007-12-15T18:10:00.000-08:002007-12-15T18:15:00.663-08:00

I'm off tonight to celebrate the 5th birthday of Creative Commons, Larry Lessig's brainchild that offers an alternative method of copyrighting creative works. Instead of "all rights reserved," it provides licenses requiring attribution, or non-commercial use, etc. (My blog is CC licensed, and Flickr lets you CC license your photos.)Last year a friend and I were sorely disappointed when Larry

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com4tag:blogger.com,1999:blog-18750379.post-85432164827923452572007-12-15T17:55:00.001-08:002007-12-15T18:07:29.434-08:00

Another set of finals completed! I have no idea what I was thinking, setting myself up with four finals my 3L year. Actually I do know what I was thinking: I wanted to take more IP classes because I love IP and because I figured there wouldn't be much to learn. Next semester I got smart: I'll only have one final. A final thought on multiple choice exams. There are some people who refuse to

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-30282728411082025282007-12-07T12:39:00.000-08:002007-12-07T12:51:36.465-08:00

It's pretty well accepted that sleep is good for learning. (As previously discussed by me.) Last night I had my first final in Sports Law. Every semester I have post exam stress disorder, most frequently in the form of dreams, as I've described here and here. I felt pretty excellent coming out of this final, and there was very little anxiety over it. Nevertheless, last night I distinctly

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-71014997566881375062007-12-05T13:26:00.001-08:002007-12-05T13:41:35.247-08:00

What is up with some of these outlines? Granted, I'm pretty concise in my note taking - I'm no Transcriber. The most pages of notes I have this semester (not the most attentive semester of my law school career I admit) is 65 pages for Remedies. Some of my other classes have half that. That includes my dorky briefs for every case in the reading plus class notes. Some of these kids have 70 page

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com4tag:blogger.com,1999:blog-18750379.post-90502305219645263742007-12-03T14:38:00.000-08:002007-12-03T14:46:01.055-08:00

The November MPRE (Multi-state Professional Responsibility Exam) scores were released today. Yes, I passed. Getting my score was a pretty intense experience though! My heart rate was up, hands shaking a bit. I can only imagine what it must feel like to check whether you passed the bar. The experience was a bit confounding because the PDF lists your score...but not whether you passed. So

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com6tag:blogger.com,1999:blog-18750379.post-9078990544741569982007-12-02T09:04:00.000-08:002007-12-02T09:13:38.676-08:00

Finals, nigh! I'm working hard and playing hard; balance is key. I've said it before and I'll say it again: reading period rocks. No class, the opportunity to narrow your focus onto one thing to the exclusion of everything else in your life...how often do we get the chance to do that? Clearly I'm a 3L, right? Already waxing nostalgic for this sweet academic life... I would like to

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com3tag:blogger.com,1999:blog-18750379.post-1688008630011518862007-11-27T17:19:00.000-08:002007-11-27T17:27:31.811-08:00

Exxon was sued at one point by Kellogg's, the cereal company, for trademark infringement. The mark at issue was Exxon's tiger vs. Tony the Tiger ("...the taste of Tony's Frosted Flakes..."). I really enjoyed the way Exxon's artist described the evolution of the tiger following the Exxon Valdez oil spill:"Today's tiger is now cast in a more humanitarian role. He is polite to the elderly,*

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-89904802714495431152007-11-26T11:01:00.000-08:002007-11-26T11:01:23.351-08:00

I traveled about half an hour outside of San Francisco yesterday for a hike in Muir Woods to a quasi-German Beer House. Surrounded by the bird song and the fresh air, with an amazing view, a friend and I found ourselves sitting at a picnic table...playing with his iPhone. I investigated its features for about 10 minutes before we caught ourselves, laughing at the irony.So we lifted up the iPhone

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-35911060022359419892007-11-20T15:23:00.000-08:002007-11-20T15:45:08.361-08:00

Finals in about three weeks! I've been outlining all semester, but in a very lackadaisical way. Everyone talks about 3L-itis, or whatever you wanna call it. Whatever it is, I have it. I think it's exacerbated by the fact that by this point in the game, studying doesn't require as much effort. You just figure out how to do it efficiently and you spend so much less time doing it. Same with

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com3tag:blogger.com,1999:blog-18750379.post-8864699664498689202007-11-19T21:33:00.001-08:002007-11-19T21:35:01.317-08:00

An attorney friend of mine:"I make the same mistake with billing as I do with dieting. I tell myself, 'I'll make it up tomorrow,' but you never do."

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-23110545389737606582007-11-07T11:37:00.000-08:002007-11-07T11:44:24.553-08:00

I failed to mention an entertaining moment in Sports Law last week. As you know, if you're in the Bay Area, we had a big, juicy earthquake around 8 pm last Tues. I was in class, where we had a guest lecturer talking about NCAA rules. When the quaking began we all looked at each other and started murmuring, questioning whether it was a quake. At first it felt like the rumbling when you walk

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com4tag:blogger.com,1999:blog-18750379.post-57784827528946185102007-11-06T19:18:00.000-08:002007-11-06T19:22:39.915-08:00

I enjoyed parts of an article from Reuters on PirateBay, the Swedish P2P downloading website. In May of last year the MPAA claimed victory over Pirate Bay after Swedish authorities confiscated the site's computers, but PirateBay was up again three days later."Sweden is not a state in the United States," says one. "It is the opinion of us and our lawyers that you are ... morons."***Pirate Bay

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-43818030245009376992007-11-06T16:27:00.000-08:002007-11-06T16:36:35.855-08:00

Bill Patry describes a study conducted by the Canadian government on his blog that indicates that P2P downloading actually increases the purchase of music:"Our review of existing econometric studies suggests that P2P file-sharing tends to decrease music purchasing. However, we find the opposite, namely that P2P file-sharing tends to increase rather than decrease music purchasing.""We find

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-87911851425361025812007-11-06T16:05:00.000-08:002007-11-06T16:10:05.878-08:00

Two affiliated branches of the Lever soap company sued the US for failing to prevent the soap made in the UK from getting into the US. Apparently the soap was made slightly differently in the UK as it was in the US: the UK brand didn't lather as well. The court explained:"The manufacturing choice evidently arises in part out of the British preference for baths, which permit time for lather to

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-6998520164657042432007-11-02T07:35:00.000-07:002007-11-02T08:09:27.773-07:00

The University of Oregon became the first University to challenge RIAA subpoenas seeking the identity of file sharers on the network as Recording Industry vs. The People describes.The only way to really challenge a simple subpoena is by saying it's burdensome and over broad. Accordingly, the University's motion to quash says, "The University cannot determine whether the content in question was

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-17571041320444479362007-10-30T12:01:00.000-07:002007-10-30T12:03:08.282-07:00

This I like, from BNA Internet Law News:NET NEUTRALITY BECOMING A PRESIDENTIAL ISSUEIf elected president, Barack Obama plans to prioritizebarring broadband providers like AT&T and Comcast fromprioritizing Internet content. Affixing his signature tofederal Net neutrality rules would be high on the listduring his first year in the Oval Office, the junior senatorfrom Illinois said during an

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-38670343074511167402007-10-30T11:51:00.000-07:002007-10-30T11:57:55.221-07:00

Next semester I'm interning for a start-up company, but my friend/boss asked me to do some research for him now. I agreed as I'm ravenous for the experience. The due date approached on my work, but he gave me more time to complete it. A series of email exchanges: Me: "Thanks for the extra time. This statute is ridiculous. You realize there's only about 5 people in this country who understand

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-43725371998623635462007-10-25T11:13:00.000-07:002007-10-25T11:14:57.980-07:00

I'd like to welcome a friend and classmate of mine to the world of blawging:www.onetakestwo.blogspot.com.Go on, give him a hit!

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-39129954221062324032007-10-25T11:06:00.000-07:002007-10-25T11:12:44.565-07:00

Notes from my Legal Ethics text...The Model Rules of Professional Conduct have loosened a bit on allowing spouses to represent opposing clients (a prohibition now allows clients to give informed consent). One reason given is that approximately half of new entrants to the bar are women, and half of female practitioners are married to attorneys!In 1992, California became the first state to

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-37326866901249831312007-10-21T11:58:00.000-07:002007-10-21T12:26:14.722-07:00

Booty: property necessary and indispensable for the conduct of war (eg, food, transportation, communication)Pillage, or plunder: the taking of private property not necessary for the immediate prosecution of the war effort (eg, Marc Chagall painting taken by the Nazis).Menzel v. List, 49 Misc. 2d 300 (NY 1966).The plaintiffs fled their home ahead of the Nazis. The weird part is that when they

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-56785704155074045712007-10-18T16:38:00.000-07:002007-10-19T10:58:29.025-07:00

Why law students should start a blog.Update:The link above is aimed at law students thinking about solo practice, but it's still relevant. Also, I should add that when I was interviewing for my firm, I heard through the grapevine that a partner expressed pleasure upon hearing that I had a law blog! Granted, my firm is an IP boutique in Silicon Valley with (probably) less fearful views of the

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com2tag:blogger.com,1999:blog-18750379.post-56004918022679532782007-10-17T11:12:00.000-07:002007-10-18T19:29:42.548-07:00

For Trademarks, we read a case about a hotel chain that created a "McSleep" brand of hotels, and was subsequently sued by McDonald's for infringement. The court found a likelihood of confusion by customers, who would believe that McDonald's was affiliated with the chain. In the notes following the case, the text editors got a laugh out of me when they considered the relatedness of the products:

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-49914765409491550832007-10-16T19:29:00.001-07:002007-10-16T20:10:15.994-07:00

Prof has a seating chart and makes mysterious marks on it when she calls on you.You only read one case from the assignment, so you need to strike preemptively.You didn't read any of the cases from the assignment, and Prof just asked the "Do you guys think that's fair?" question.Prof has been begging someone to answer the question for more than 60 seconds, and he's a likable guy.Prof has been

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-64531125478855037842007-10-15T09:42:00.000-07:002007-10-15T09:43:27.437-07:00

The High Tech Law Institute at Santa Clara Law School and Six Apart are pleased to announce Bay Area Blawgers 2.0, the second gathering of legal bloggers in the Bay Area. See a recap of the first gathering. This time, we'll spend an hour in a structured discussion starting around 6:15 (see some possible discussion topics). We'll spend the rest of the time schmoozing/chit-chatting. When:

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-89553036449691967662007-10-06T11:56:00.000-07:002007-10-06T12:04:42.309-07:00

What does it mean when the RIAA sends subpoenas to a University? Here's a rundown from www.p2pnet.net."That a subpoena has been sent out doesn’t mean the person on the receiving end will act on it and indeed, increasing numbers of academics in the US are protesting as the labels continue to seriously disrupt classes and lessons by firing these documents at students, and by coercing school staffs

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-63881078862251284492007-10-06T09:16:00.000-07:002007-10-06T11:28:40.507-07:00

As I'm sure people have heard, the first of 26,000 law suits by the RIAA against individuals has come to a jury verdict: RIAA, 1; Individual, 0. The jury awarded $220,000, or $9250 per song for 24 songs. Most of the time, the RIAA convinces these individuals to settle, usually for around $3000. Jammie Thomas, this defendant, defended on the ground that the Kazaa account wasn't hers; in fact,

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com1tag:blogger.com,1999:blog-18750379.post-19074817008414105452007-10-04T12:02:00.000-07:002007-10-04T12:06:25.479-07:00

California Maxims of Jurisprudence, on equity, seem quasi-religious to me:Sec. 3512: One must not change his purpose the injury of another. Sec. 3518: He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession. [OJ was thinking of this one.]Sec. 3520: No one should suffer by the act of another. [Do unto others....]Sec. 3527 The laws helps the vigilant,

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-74016993947479786552007-10-03T12:00:00.000-07:002007-10-03T12:05:04.480-07:00

Dozing during court has become such a common occurrence that some jurisdictions use a three-step analysis to determine whether sleeping constitutes ineffective assistance of counsel:1. Did counsel sleep for repeated and/or prolonged lapses?2. Was counsel actually unconscious?3. Were the defendant's interests at stake while counsel was asleep?

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com5tag:blogger.com,1999:blog-18750379.post-65638858532504887752007-10-01T12:14:00.000-07:002007-10-01T12:19:25.835-07:00

Some amusing notes from my Sports Law text:Slandered athletes must prove actual damages, except in four situations that engender liability per se: accusations regarding 1) crimes, 2) loathsome diseases, 3) adverse affect on business, and 4) unchastity to a woman. "Spectators run the risk of injury while observing a sports event. Spectator injuries can occur from foul balls, errant pucks, thrown

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-73517600194420774662007-09-29T09:24:00.000-07:002007-09-29T10:10:22.617-07:00

The RIAA has issued a subpoena to obtain the identity of students at the University of San Francisco.Link to the Order

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0tag:blogger.com,1999:blog-18750379.post-55843916262244783182007-09-27T17:04:00.000-07:002007-09-27T17:05:53.470-07:00

Video of a project for Ethics class. A demonstration of the "Glass Table Method," used in the OPM case for forging the signatures on computer leases. (Starring my classmates, camerawork by me.)

Sansserifhttp://www.blogger.com/profile/14646693812825812447noreply@blogger.com0