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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 Search for Coronavirus Treatment Drugs

Posted on March 17, 2020
Reported at the New York Times:Coronavirus Treatment: Hundreds of Scientists Scramble to Find One https://nyti.ms/3da9iEj

Azlocillin vs Corona Virus Pneumonia ?? Any Impact?

Posted on March 16, 2020
Just a question here about Azlocillin.If the new drug azlocillin is a virtual miracle drug against lingering Lyme Disease, then what impact could azlocillin have on the late stage pneumonia found in severe corona virus cases?An antibiotic like azlocillin may have no great impact on the virus, but could it be effective against the lingering killing power of the virus-created pneumonia?https://med...

Removal of Twitter and Facebook Buttons for Posts To Speed Up Page Loads

Posted on April 01, 2011
The Twitter and Facebook buttons which usually were visible for each individual posting as well as the automatic TwitterFeed app all slowed down pageloads far beyond acceptable limits so I have removed them as unnecessary.

Copyrights to Listserv Statements? Much Ado About Nothing: If a Sentence is not CREATIVE it is not Copyrightable: That's the LAW said the Judge

Posted on April 01, 2011
Debra Cassens Weiss at the ABA Journal Law News Now reports that Judge Uses Shakespeare Insult in Rejecting Lawyer?s Copyright Claim for Copied Sentence. MUCH ADO ABOUT NOTHING was the decision. The sentence in question was found "not copyrightable" and its forwarding online was found to be fair use anyway...

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Yale Law School Applications Drop Significantly After Record Level Last Year, Following National Trend

Posted on April 01, 2011
Debra Cassens Weiss at the ABAJournal Law News Now reports that Yale Law School Gets Hit by Double-Digit Drop in Applications, while the nationwide drop averages 11.5%.

Legal Ed, Law Schools and Jobs Data Under Fire in ABA Meeting Agenda

Posted on April 01, 2011
See Martha Neil at the ABA Journal Law New Now at Hot Topics on ABA Meeting Agenda: Post-Law-School Jobs Data; 'Revolutionary' Legal Ed Changes?

Wisconsin Governor and Cronies Learning that THE LAW Also Applies to Them

Posted on April 01, 2011
As reported by the Associated Press, Dane County Circuit Judge Maryann Sumi, the same judge that issued an emergency restraining order to block the Wisconsin Secretary of State from publishing a legally challenged legislative bill denying collective bargaining to public workers while she considered the question of whether Wisconsin Republicans had violated Wisconsin's open meetings law in passing the bill, now has declared that the bill was not properly published by the trick of having a different state bureau publish the bill...

Mentoring, Coaching, Leadership: March Madness and Winning: Teams that Make the Final Four Usually Have One Thing in Common: Head Coaches Who Understand the Secrets of Good Coaching

Posted on March 27, 2011
This is an amended edition of a previous posting on the Secrets of Good Coaching Secret Number 1 : Recruit the Right Players and Hold Them to Higher Standards (This can also apply to the recruitment of the right personnel in any organization) Stephanie Storm quotes perennial winner and head football coach Larry Kehres:"You have to recruit good people, then assist them in their development...

Use TwitterFeed to Tweet Your Blog Posts Automatically to Twitter Facebook StatusNet HelloTxt

Posted on March 27, 2011
We are now using TwitterFeed to tweet LawPundit blog posts automatically to Law_Pundit at Twitter. TwitterFeed can also be used to post automatically to Facebook, StatusNet and/or HelloTxt. This is our first test of the service.

Tyranny ala McCarthyism Returning to Wisconsin? The State Breeds Disrespect for the Law and Defies Court Order Not to Publish the Challenged Collective Bargaining Denial Law

Posted on March 26, 2011
We read in an article by Scott Bauer at Bloomberg BusinessWeek that Wisconsin union law published despite court order. What goes on in the State of Wisconsin? where a college dropout with a history of rules violations is serving his first term as governor...

CEI Urges Congress to Address Orphan Works Problem | Competitive Enterprise Institute

Posted on March 25, 2011
LawPundit received the following news release and passes it on as it relates to the recent US District Court decision rejecting a settlement between Google, the Authors Guild and a coalition of publishers on the scanning and selling of orphan works.________________CEI Urges Congress to Address Orphan Works Problem | Competitive Enterprise InstituteGoogle Books Settlement Rejection a Wake-up Call to LawmakersBy Nicole CiandellaMarch 22, 2011 Today, the U...

Preemptive Patenting Update 1

Posted on March 25, 2011
A more recent article relating to preemptive patenting is: Marco Ceccagnoli, Appropriability, Preemption, and Firm Performance, Strategic Management Journal. Strat. Mgmt. J., 30: 81?98 (2009) Published online 19 September 2008 in Wiley InterScience, (www...

The Problem of the Maintenance of Monopolies and Dominant Market Positions via Preemptive Patenting: A Need for Legislative Reform in Order to Promote Competition

Posted on March 25, 2011
[See also the Preemptive Patenting Update 1] Monopolies are the bane of the modern economic world because they impose artificial costs on economies. "Some" people must unnecessarily bear those costs and they are always paid for by SOMEONE ELSE other than the benefactor of monopoly power...

Bilski Applied to Void for Abstractness Patents for Methods and Systems of Creating and Settling Debts

Posted on March 25, 2011
Patently-O has the story on the case, CLS Bank Int'l v. Alice Corp. (D.D.C. 2011), at Bilski Applied to Invalidate Computer System Claims, where DC District Court Judge Rosemary M. Collyer (website) through her findings -- in our opinion -- moved forward toward an ultimate position on a higher court...

Modern Revolutions and the Ancient World at Tribes With Flags by Friedman at the NYTimes.com

Posted on March 25, 2011
Thomas L. Friedman at the New York Times reports on recent revolutions in Tribes With Flags. It is a modern view of "the Ancient World". What will become it? Maybe some LawPundit readers will come more to appreciate through this article by Friedman why it is important to understand the "Ancient World" in modern times...

What Do Lawyers in America Earn: ABA Journal Cover Story Covers a Changing Landscape

Posted on March 24, 2011
The Cover Story by Rachel M. Zahorsky for the March 2011 Issue of the ABA Journal is titled: "What America's Lawyers Earn". Here is the money map, surprise, surprise? I have intentionally left out the money keys which can be viewed at the original...

Law and the Future: What's Up? Three Predictions by Patrick J. Lamb at The New Normal

Posted on March 24, 2011
Patrick J. Lamb of The New Normalat the ABA Journal Law News Now asksWhat Does the Future of Law Hold?and makes Three Predictions

Are You Ready? 10 Top Traits that Can Make People Rich - from TheStreet

Posted on March 24, 2011
At TheStreet.com, Jeffrey Strain in 10 Traits That Make You Filthy-Rich - TheStreet writes that: "As explained in the book The Millionaire Next Door by Thomas J. Stanley and William D. Danko, personal finance has as much to do with people's traits as it does with money...

Is Copyright Infringement INHERENT in Human Language? The Kaulins Ancient Sign Concordance, Chomsky and Lakoff

Posted on March 23, 2011
One need not be a behaviorist sludge to see that the shoe must fit the foot, not even speaking of socks. "Women speak because they wish to speak, whereas a man speaks only when driven to speak by something outside himself like, for instance, he can't find any clean socks...

Education is Not a Panacea ("cure-all") for America's Problems says Paul Krugman at the NYTimes.com

Posted on March 22, 2011
In Degrees and Dollars Paul Krugman analyzes the old saw that education is a panacea ("cure-all") for the nation's problems. Not so, says Krugman in a world where many white collar, educated jobs can be computerized, whereas blue collar jobs remain to be done as in days of yore...

"The Law is a Class" -- Law Schools Are the Most Powerful Part of American Universities -- And That is A Good Thing

Posted on March 21, 2011
John O. McGinnis at the Wall Street Journal has a book review of Walter Olson's "Schools of Misrule" titled "The Law Is a Class" writing inter alia:"Our litigation-prone culture and complex legal structure?not least the matrix of overlapping state and federal powers?regularly translate questions of policy into questions of law...

Paul Weiss Private Funds Group Launches Private Funds on Twitter: Investment Management and Law

Posted on March 18, 2011
The Private Funds Group at the international law firm of Paul Weiss et al. headquartered in New York City has launched a corresponding Twitter page at Private Funds on Twitter at http://twitter.com/#!/@PW_PrivateFunds

End of the Internet? Online Technology Culture Has Merged Seamlessly with Real Life: It's Kind of Everything in the Sense of Ubiquitous Computing But Far More Than That

Posted on March 17, 2011
At The Guardian, Oliver Burkeman has a thought-provoking article from the South by Southwest 2011 titled The Internet is Over, but not in the way you might think at first glance. He means that the Internet as a separate entity of technology culture has ceased to exist...

New York Times Launches Global Digital Subscriptions: Canada Today and on March 28, 2011 the USA and the Rest of the World

Posted on March 17, 2011
In a move destined to change the global online landscape for digital news, the New York Times has informed its readers that digital subscriptions are being launched today in Canada, to be followed by digital subscriptions for the USA and the rest of the world on March 28, 2011...

Powering the World with Renewable Energy is Possible Say Stanford and UC-Davis Researchers Jacobson and Delucchi via What on Earth? at Science Friday Blog

Posted on March 16, 2011
At The Science Friday Blog (Every Day is Science Friday), Neil Wagner uses his comic strip "What on Earth?" in a posting titled A world of wind power? and solar power?and? to refer to the research of Mark Z. Jacobson of Stanford University and Mark A...

March Madness Brackets: The Ultimate Social Network Machine Takes Over in Many Offices as Prognosticators and Pundits Seek a Perfection No One Has Ever Achieved

Posted on March 15, 2011
Basketball is "in the air" where else? Joseph Duarte at the Houston Chronicle has a great article on college basketball tournament "March Madness" titled Bracket madness takes over in many offices, estimating that 40 million people may be filling out at least one bracket, if only in an office pool...

Online Brackets for March Madness (USA -- NCAA Division I College Basketball Championship Tournament)

Posted on March 15, 2011
For fans of March Madness, here are what I have found to be the major online March Madness Bracket, Tournament and Pick Challenges for the Upcoming 2011 NCAA Division I Basketball Championship NCAA March Madness Bracket Challenge ESPN Round by Round Pick 'em Tournament Challenge Yahoo! Sports Tourney Pick'em Hooters Fox $1,000,000 Bracket Challenge CBSSports College Basketball Brackets CBSSports...

Picking the Upsets in NCAA March Madness: ESPN has the Methodology

Posted on March 13, 2011
March Madness is beginning and every pundit worth his dunks will be prognosticating winners and losers of the upcoming college basketball games. In this regard, Peter Keating of ESPN The Magazine has a landmark article in which he explains the methodology of picking upsets based on past NCAA tournaments, and they will be using this methodology this year in future reports...

Google Denies Imminent Launch of the Social Network Google Circles According to Network Effect

Posted on March 13, 2011
Liz Gannes at Network Effect writes that Google Denies Social Network Called Circles Will Debut Today despite the report at ReadWriteWeb.

Google Circles as a Social Network to Compete with Facebook May Be Launched Soon

Posted on March 13, 2011
At ReadWriteWeb, Marshall Kirkpatrick writes that Google to Launch Major New Social Network Called Circles, Possibly Today, a service which is to permit social networking while respecting the rights of privacy better than is done at Facebook. We would definitely welcome such a service, as the privacy settings for Facebook are not set up in such a manner as to permit privacy to be adequately protected while still engaging in social networking...

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