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Legal Commentary

LawPundit

Covers Constitutional and Intellectual Property (copyrights, patents, trademarks) Law, Information Technology, Telecommunications, Internet and New Media, and business-related legal issues from a American and European perspective. Sports (especially college football), Lifestyle (especially the wine business), and Ancient History (especially Legal History)-- all from a broadly defined legal and evidentiary point of view-- round out the picture.
By Andis Kaulins

Post Frequency: 5.6/day

Last Entry: October 15, 2020 at 17:20:01

The Past Year: Law Firm Mergers Surged in 4th Quarter 2010

Posted on January 07, 2011
Brian Baxter at The American Lawyer writes that Law Firm Mergers Surge[d] in Last Quarter of 2010.

China and Exchange Rates: The Chinese Yuan is Rising Against the U.S. Dollar

Posted on January 04, 2011
Robert Lenzner at Forbes writes that the Yuan Rises In Value To Dollar For 9th Straight Session.See also the Wall Street Journal -- HK Dollar Rises To New 3-Week High Late On Equities, Yuan Gains

Band Banned: A Free Speech Violation by the Orange Bowl? SMUT (Stanford Marching Unit Team) Banned from Orange Bowl Halftime Ceremonies

Posted on January 04, 2011
The National Football Post writes that Stanford Band banned from halftime of the Orange Bowl. Matt Hinton, Dr. Saturday, has the best writeup of this event at Orange Bowl bans Stanford Band from halftime, for the sake of LeBron's ego, inter alia: "Just to be be fair, Virginia Tech's band [was] also ...

Chief Magistrate Howard Riddle Makes History by Permitting Twitter Tweets by Reporters During WikiLeaks Bail Application

Posted on January 02, 2011
We are a bit late on this, but John Bingham, and Andrew Hough on December 14, 2010 headlined at the Telegraph that WikiLeaks: Julian Assange bail hearing makes legal history with Twitter ruling, writing inter alia: "The district judge hearing the bail application from Julian Assange, the Wikileaks founder, made an unusual form of legal history allowing live updates to be sent from his court on the website Twitter...

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The Doughnut Dilemma: SUVs Lead Car Sales : Fuel Efficiency Initiatives are like BROCOLLI -- Good for You but Who Eats It?

Posted on December 30, 2010
SUVs lead U.S. auto sales growth despite efforts to improve fuel efficiency writes Peter Whoriskey, Washington Post Staff Writer. The whole sales pitch for fuel efficiency is likened there by Mike Jackson, CEO of AutoNation, the country's largest auto retailer, to broccoli, and trying to get people to do what's allegedly good for them...

Legal Graphologists : A Query to You : What About the Christopher Marlowe - William Shakespeare - Controversy and The Signatures of These Two Authors? Are They By the Same Hand?

Posted on December 30, 2010
Yes, Virginia, the famous American author "Mark Twain" is actually an alias for Samuel Langhorne Clemens. Aliases did not start with the Internet. Legal world, let us have some fun to start out the New Year 2011, by going back further than Mark Twain, more than 400 years, to the age of William Shakespeare, and ask a strictly "legal" intellectual property question...

Estonia to Become 17th Member of the Euro Area on January 1, 2011

Posted on December 29, 2010
Estonia to strengthen the euro areaEuro maverick Edin Mujagic writes inter alia:"Estonia is also a living proof that economic disasters do not have to lead to enormous budget deficits. Disaster is the correct word, as the economy of this tiny Baltic nation has contracted by some 15 percent in 2009 with 2010 not being much better either...

Euroskeptics and the Euro - Paul Krugman Opines at the New York Times

Posted on December 29, 2010
Euroskeptics and the Euro - Paul Krugman Op-Ed at the New York Times "... the academic euroskeptics have been proved right in their analysis. Now, that need not mean that the euro was a mistake...."Thought-provoking article.

The International Trade Commission - ITC - a Hot Forum for Patent and Trademark Infringement Claims

Posted on December 29, 2010
Finnegan.com at Welcome to Patent Law?s Hottest Venue abstracts a subscription-necessary National Law Journal article by Jenna Greene about the ITC, the International Trade Commission.

Digital Economy Act: Impact of the UK Anti-File Sharing Law Will Be Delayed Pending High Court of Justice Judicial Review

Posted on December 29, 2010
High Court to probe Digital Economy Act ? The Register The stringent anti-file-sharing sanctions of the UK's Digital Economy Act, scheduled to take force in January, 2011, will probably be delayed some by judicial review of the law by the UK High Court of Justice...

2010 Census Data : Interactive Map including Political Apportionment, Which Impacts Elections

Posted on December 29, 2010
U.S. Census, Population Change, Population Density, Apportionment &lt;p&gt;&amp;amp;amp;amp;lt;p&amp;amp;amp;amp;gt;&amp;amp;amp;amp;amp;amp;amp;amp;lt;p&amp;amp;amp;amp;amp;amp;amp;amp;gt;IFRAMES not supported&amp;amp;amp;amp;amp;amp;amp;amp;lt;/p&amp;amp;amp;amp;amp;amp;amp;amp;gt;&amp;amp;amp;amp;lt;/p&amp;amp;amp;amp;gt;&lt;/p&gt; Run the mouse over an individual state to see the percentage change...

Law and Population: 308,745,538 : U.S. 2010 Census Data Results

Posted on December 29, 2010
2010 Census"2010 Census results are now available. The Census Bureau has fulfilled its Constitutional mandate by releasing the resident population for the nation and states, as well as congressional apportionment totals for each state."

The Necessity of Bipartisanship in American Politics

Posted on December 27, 2010
Has sense and moderation returned to America based on recent bipartisan deals in Washington D.C.?Ross Douthat at the New York Times in A Return to Normalcy writes that:"This return to normalcy is good news for fans of bipartisan comity and centrism for centrism?s sake...

Paul Krugman Rightly Raises the Spectre of The Finite World of Raw Materials

Posted on December 27, 2010
Raw materials on Earth are not endless, especially in view of emerging economies and global population growth. Paul Krugman at the New York Times in The Finite World puts the United States on notice that the global economy is driving commodity prices and that America may be a virtual bystander to economic events unfolding on a planetary scale, developments which "will require that we gradually change the way we live, adapting our economy and our lifestyles to the reality of more expensive resources...

Charities, Fundraising and Social Networks

Posted on December 25, 2010
Ellen Lee in a Special to The Chronicle informs us that Charities tap into social networks

Is There a Santa Claus?

Posted on December 25, 2010
Is There a Santa Claus?Wikimedia CommonsFrancis Pharcellus Church,Columbia College Class of 1859.In 1897 Church wrote his famed editorial, Is There a Santa Claus?, in the New York Sun.The Columbia Spectator carries the editorial, which rings as true today as it did then...

The German Economy and the Two Sides of Economic Prosperity

Posted on December 25, 2010
Michael Slackman at the New York Times headlined on Christmas Eve that Bavaria Booms, but Germans Feel Economic Malaise. Hat tip to CaryGEE.

M&A Transactions in 2010: Paul, Weiss Releases 2010 Study of Largest U.S. Strategic Mergers

Posted on December 25, 2010
See the Paul|Weiss (Paul, Weiss, Rifkind, Wharton & Garrison LLP) 2010 M&A Survey, the 2010 Review of Selected U.S. Strategic M&A Transactions

Charles Krauthammer from the Right Hails Obama as The New Comeback Kid

Posted on December 25, 2010
When even Charles Krauthammer from the right calls US President Obama The New Comeback Kid, you know that something extraordinary has happened. Is Obama finding his new base in the political center? Hat tip to CaryGEE.

Lawrence Summers, Director, White House National Economic Council, on Tax Cut Economics at the PBS NewsHour TONIGHT

Posted on December 24, 2010
I specifically requested this video and transcript from the source given at the end of this posting, as I found it instructive to read what Larry Summers, "a leading architect of economic policy for the last two years", has to say about the economics of the tax cuts just passed in the USA...

Net Neutrality and New Internet Rules from the FCC

Posted on December 22, 2010
This is a big story but it is not yet clear just what it will lead to....See inter aliaWall Street Journal at FCC Gives Government Power to Regulate Web TrafficJennifer Valentino-DeVries, WSJ Journal Blogs, Digits, Most of the Internet Grumbles About FCC Net Neutrality RulesGrant Gross, Yahoo! News, FCC Approves Compromise Net Neutrality RulesSamantha Murphy, TechNewsDaily at the Christian Science Monitor...

Law and Sports: The Warning Shout of FORE and Personal Injury Liability while playing the Game of Golf in New York State

Posted on December 21, 2010
Michael Virtanen of the AP has a write-up of a story about personal injury liability while playing golf in New York State at Top NY court upholds dismissal of golf 'Fore' suit.

Law and Sports: The Warning Shout of FORE and Personal Injury Liability while playing the Game of Golf in New York State

Miami Hurricanes Introduce New Head Coach Al Golden to Players

Posted on December 15, 2010
Not much law here, but this posting is required to update the previous one as Al Golden arrives at Miami, introduced to Hurricanes players - ESPN.

Miami Hurricanes Introduce New Head Coach Al Golden to Players

Posted on December 14, 2010
Not much law here, but this posting is required to update the previous one as Al Golden arrives at Miami, introduced to Hurricanes players - ESPN.

Miami Law School Grad Marc Trestman a Leading Candidate for the Open Miami Hurricanes Football Head Coaching Job

Posted on December 12, 2010
Miami Hurricanes narrow coaching search - UM - MiamiHerald.com One of the leading candidates for the Hurricane football head coaching job is University of Miami law school graduate and Montreal Alouettes coach Marc Trestman, who won the Grey Cup, the Canadian version of the Super Bowl, the last two years.

Law and Sports: Cam Newton vs. the NCAA: Dan Wetzel at Yahoo! Sports Rivals.com Suggests the Rules Must be Changed: Why Should Everyone Else Be Allowed to Profit from "Amateurs" Who Serve as Sacrificial Lambs?

Posted on December 12, 2010
Dan Wetzel of Yahoo! Sports, hits all of the essential issues in the Cam Newton vs. NCAA case: A new look at Newton, dad - College Football - Rivals.com. Tom Green writes at the Independent Florida Alligator in NCAA needs to rethink amateur status given to college athletics: "The monster that is college sports is beginning to rear its ugly head, which for a long time has been hiding behind a veil of amateurism...

Cam Newton wins Heisman Trophy

Posted on December 12, 2010
Ralph Russo of the AP has a finely written article at Rivals.com Yahoo! Sports in Auburn's Newton wins Heisman in landslide - College Football - Rivals.com

Witch Hunting in College Football and State Agent Laws

Posted on December 09, 2010
One reason that we are staunch supporters of a federal government and federal preemption is that individual State laws are a can of worms no matter where you look. College football recruiting and State "agent laws" are a good example. Take a look at Mississippi Secretary of State officials to interview Kenny Rogers in Cam Newton case - ESPN...

BigLaw, Big Lawyers, Big Law Firms and Big Statistics: Are there Legal Metrics for Making Partner? Who Knows the Answers?

Posted on December 07, 2010
There is an entire industry devoted to "success" and its achievement, so it is no wonder that a professional statistical "metrical" approach is now also being applied to BigLaw law firms. BigLaw insider Steven Harper challenges legal metrics as follows at his blog: "ALM editor-in-chief Aric Press penned a provocative article about Indiana Law Professor Bill Henderson?s for-profit venture on recruiting, retention, and promotion...

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