May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates
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Quote of the Day - Everybody likes a kidder, but nobody lends him money.
Inversely Proportional: Bank/Money and Bank/Consumer DataYou've seen them roaming the streets, pulling up to banks. Gun-toting guards between the truck and the bank doors, one guard hauling bags-o-cash out from the bank into the truck.That's a bit of a different way then the banks handle computer data tapes. They're shipped - among other ways - by Brown. Yep, banks protect their valuable money with armored cars, but consumer data ... 'Protected' via common carrier. Your and my personal data goes from the bank to the credit agencies by regular, everyday truck, not by armored truck. Think that practice will change anytime soon? Apparently, Citibank has lost tapes of consumer data for four million of its customers. They were 'misplaced' sometime between when they were picked up from the bank and (not) delivered to the credit agencies. My suggestion? Treat our data like you treat your money. 
I'm Blogging This'This' is the Orange County Bar Association Legal Ethics in Cyberspace seminar. The seminar deals with lawyers who have websites for their law firms, engage in multijurisdictional practice, and send and receive emails. It also covered the potential for the electronic formation of the attorney-client relationship.Nothing on blawgs. Yep, I'm here because Blawgger Extraordinaire Denise Howell spotted this seminar, had a conflict, and wanted to know if blawgs were even 'on the radar' for this seminar. She invited me to attend on her behalf. I'm sorry to report blawgs haven't made it before the ethics gurus at local law schools, who are sitting at the podium. They asked if anyone in the audience had a website, used email (actually, that question was asked in the reverse - who didn't use email?), or a listserv. No question was asked whether anyone in the audience blawgged. It's safe to say I was the only one. They did offer some good advice on disclaimers. You'll shortly see some improvements in ours, based on the .pdf version of the PowerPoint Ranger presentation at the seminar. The message on advertising, apparently, from the bars of the several states is still 'eewwwww.' That's the technical, legal term for lawyer advertising under the Rules of Professional Conduct. I'm glad blawggers haven't earned that moniker yet.
Hazed and Confused. And Dead.If you played sports, joined a fraternity/sorority or virtually any other organization, you've probably experienced hazing in one form or another. California has an anti-hazing law, as do a host of other states.Florida is the latest to add an anti-hazing law. Unfortunately, it took another death for the law to get enacted. Why? In the spirit of full disclosure, I got hazed as a young frosh on my football team, a swab at the Coast Guard Academy, and while rushing my fraternity (note here: all now have anti-hazing policies) and did my share of hazing, too. But no one got physically hurt - when I got hazed or when I "dished" it out. I understand now that not everyone comes through the experience the same way, though. If you live in Alaska, Hawaii, Montana, New Mexico, South Dakota or Wyoming, you may want to get in touch with your legislator. There are no hazing laws in these states. Check Stophazing.org for more information. After being hazed and doing some hazing, however, I learned how to be a True Gentleman. Maybe it's catching.
And The Envelope, Please ... The Winner Is ... We're Waiting ...It's coming, and perhaps sooner than you may think. Wags think Supreme Court Chief Justice Rehnquist may retire by the end of the month.But that's not what's coming. You certainly have seen the storm clouds on the horizon. The battle over who will be the next appointment will last a lot longer than a potential filibuster. Apparently, the White House has a short list of nominees. Some have longer lists. Here's the roundup of conventional wisdom of bloggers on the nominees. Everyone's got a thought, and there are even betting pools on who will be the next nominee, and the next, and the next. Who would you nominate?
The Dangers Of SmokingFor some reason the headline "Man Sues Over Exploding Toilet" sounds much too much like a Monty Python skit or a headline from the onion.com.Not being a smoker, I am not sure if it is commonplace to sit down and light up or not. If it is, just imagine the additional warning labels that are going to have to be placed on packs of smokes. If words can’t get the message across, perhaps a picture (see photo) would do. This graphic may be the best way to keep kids from ever picking up the habit.
Blogger As Journalist Dispute To Be DecidedOr, Was Ben Franklin The First Blogger?Writ granted!The Sixth District Court of Appeal wants to hear more from Apple and Jason O'Grady. On Thursday, the Court agreed to consider whether Apple Computer can subpoena records kept by the ISP for O'Grady's blog PowerPage that published / posted information about Asteroid. Apple claims the information posted was a trade secret. The 6th DCA issued an order requesting more briefing and giving the parties the opportunity to request oral argument. That's one postcard you can expect will be sent in. Surely we'll hear both sides argue the issue shortly. Initially, this dispute seemed ripe for bloggers to take up the banner of whether O'Grady was a journalist, a position Apple hasn't contested. (Aside here, and hat tip to fellow Law.com blogger Professor Orin Kerr, whose law review article, A User’s Guide to the Stored Communications Act, and a Legislator’s Guide to Amending It, got cited in the EFF brief.) Apple understandably has tried to frame the issue as a violation of its trade secrets in an attempt to avoid First Amendment issues. The EFF, on the other hand, views the issue squarely as one that involves the right of journalists to protect their sources. Bloggers offer all types of solutions. They propose boycotting Apple (how many bloggers out there are willing to give up their Macs in support of that boycott?); sticking their head in the sand; seeing what other bloggers think; waiting and seeing; and throwing up their hands. Some have jumped right into the fray, and filed amicus briefs. No matter what stance you take, everyone's got an opinion, but ultimately, it will be only one opinion that matters. Mine won't be it, and it's highly likely that unless you sit here, yours won't either. But that doesn't stop us from prognosticating. Where do you come down on the issue? Are bloggers journalists? Perhaps, but not all, which means the converse is likely true, as well: not all journalists are bloggers. I'm sorry; Logic is getting me off track, again. Let's get back to the point of this post. There are some journalists who aren't journalists, and some But apparently, all MSM journalists enjoy the privilege of protecting their sources. A nice, easy-to-apply, bright-line test. The only result that would remain consistent, then, is that all bloggers are journalists. All we have to do is rely on precedent. You know - go back in time at bit. Thanks, Ben Franklin, for the reminder that one person can be writer, printer and publisher all rolled into one. Just like a blogger.
What Next? Lice On The Endangered Species List?There are a lot of real estate developers frustrated with the Endangered Species Act. Here in California, the Kangaroo rat has held up acres of real estate development.Hold on to your hat. You are about to get even more frustrated with the ESA, if some scientists have their way. Ready for this? They've proposed adding lice as an endangered species. In fact, Doctor-in-waiting Noah Whiteman wants to add a number of parasites to the list. Now before you get your knickers in a twist, don't expect these additions to happen anytime soon. There are, after all, criteria before a species makes it onto the list. Thank God. Next thing you know, someone will nominate tapeworms.
The Money Has To Come From Somewhere - The Consequences of Decreasing Investment ReturnsWhich side of the debate do you fall on? There's one more study that apparently falls on the side of lawyers. Dartmouth College researchers argue that it's not lawsuits that cause rising malpractice premiums.To $100,000, on average, for doctors. The researchers argue that the rise in premiums is a direct consequence of the insurance companies' decrease in investment returns. You know, that old inverse proportion problem. You gotta get money from somewhere in order to pay malpractice claims, so if investments go down, premiums go up. The AMA disagrees, and claims that tort reforms are the answer. Insurance companies likewise blame lawyers. I don't sue or defend doctors, so I'm arguably neutral on the point - other than my occupation as a lawyer and perhaps inherent desire to defend the profession. But I'm siding with Dartmouth on this one. Most people know about stock market losses, and know what's happened to their own insurance premiums. Should doctors be surprised that their malpractice premiums have increased at the same proportion that insurance investment returns have decreased? Or did they miss that day in math class?
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