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The Blog of the White House
ABA Blawg Directory
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Al Nye the Lawyer Guy
arstechnica (technology)
Australian Trade Marks Law
Bag and Baggage
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blog maverick
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LAW PUNDIT Saturday, October 31, 2009 10/31/2009 07:32:00 PM [Home] [Print]

Google Wave Blog at Waverful : The Wonderful (Waverful) World of Google Wave
 

We think that Google Wave will be such a blockbuster application down the road that we have created a special blog, WAVERFUL, for the Wonderful World of Google Wave.

The main problem right now, based upon what we have seen elsewhere - we do not have our own personal copy of Google Wave yet (you can send us an invite, thank you), is the problem of permissions.

Obviously, for "serious" Google Wave uses, each Google Wave originator, or someone else authorized by that originator, will have to be in charge of granting permissions to access a Google Wave designed for a given public. You can not just send things out into the public domain - there are simply too many self-serving and nutty things that people are otherwise tempted to do - and, judging by experience - do do, if there is not some kind of authorizing moderator inbetween.

Modern institutions all work with hierarchies, indeed, multiple hierarchies - just look at your own work place - and there is a reason for this, because experience shows that it just does not work any other way, given the vagaries of human nature.
Google Wave will be no different.


LAW PUNDIT 10/31/2009 06:56:00 PM [Home] [Print]

Google Wave in Law: What Does Google Wave Mean For Lawyers?
 

Jay Fleischman on What Does Google Wave Mean For Lawyers?


LAW PUNDIT 10/31/2009 06:34:00 PM [Home] [Print]

The Scales of Justice, Blogging and Cable News Networks : The Origins of Lady Liberty
 

The newest cable news stats show (hat tip to MEDIAite):

Polar Opposites: Fox News Seeing Best Ratings, CNN and MSNBC Worst.

This is not surprising to us, at least in the case of Fox News and CNN.

Fox News has long been known to be on the conservative side of things and now reflects the right-wing backlash against U.S. President Barack Obama while CNN has progressively drifted far too far to left, or as one viewer at Michelle Malkin writes: "No wonder CNN only has three viewers. They don’t "report" for all Americans, only left-wing Americans, forgetting that half this country is on the right, almost a 50/50 split." Picking up the slack at CNN is at least HLN, Headline News, formerly CNN2, whose ratings are strongly increasing.

Where, dear friends, do we find "fair and balanced" reporting?

Blogs - equally biased, of course - developed as balancing agents to the partisanship of the major cable news networks. But to be fair, it is not all bad, of course, and almost all original reporting is still done by the major news networks and newspapers, so we bloggers can probably more truthfully say that we are the powers at the fulcrum of the balance, i.e. at the pivotal point of the scales of justice, as it were.

At the Bay Weekly, J. Alex Knoll in Sky Watch, wrote about The Heavenly Scales: From a weigher of souls to the stalwart of liberty:
"Libra ... the celestial scales [where the] second-magnitude, bluish-white star Zubenelgenubi [is located at] the fulcrum of the scales.... ... nearly 4,000 years ago, the sun passed through Libra during autumnal equinox, when day and night are equal, and so, the Babylonians worshiped this constellation as the Ereshkigal, the goddess of the dead who weighed the souls of men. The Egyptian god Anubis, too, held the scales weighing life and death. The ancient Greeks, however, considered Libra but a part of Scorpius, its stars representing a lamp or lantern and later the lighthouse of Alexandria, held between the scorpion’s outstretched claws. But the Romans wrested the scales from the scorpion, giving them to Astraea, the goddess of justice. She wore a crown of grain, another symbol tied to the scales of early commerce, and she represents purity and innocence. Astraea was the last of the gods to leave earth during the Golden Age. She became Virgo, to the west of Libra, leaving her scales behind as a final gift to mankind. Today, we Americans know her as Lady Liberty."


LAW PUNDIT Friday, October 30, 2009 10/30/2009 06:20:00 PM [Home] [Print]

HootSuite for Twitter : Review by 3 Geeks and a Law Blog
 

HootSuite is a useful online application for Twitter, especially for multiple accounts.

3 Geeks and a Law Blog reviewed Hootsuite some time ago. It is definitely worth a read.


LAW PUNDIT 10/30/2009 02:47:00 PM [Home] [Print]

Google Wave and the practice of IP law | The Invent Blog®
 

LAW PUNDIT Thursday, October 29, 2009 10/29/2009 04:13:00 AM [Home] [Print]

Naming Your Business: Choosing A Name Capable of Trademark Protection | Citizen Media Law Project
 

Naming Your Business: Choosing A Name Capable of Trademark Protection is a non-commercially attribution-distributable article from the Citizen Media Law Project, Harvard - Berkman, which I think is worth sharing:

"Choosing a distinctive name is important from a business perspective, but it is also important if you want trademark law to protect your business name. A business name is potentially a trademark protected by the law, but this protection depends on the type of name you choose.

As a general matter, the more unique or distinctive the name is, the greater trademark protection it receives. Fanciful marks (made-up words like "Kodak"), arbitrary marks (existing words used in a way unrelated to their normal meaning, like "Apple" for computers), and suggestive marks (those that hint at a quality or aspect of the product or service, like "Netscape") receive the highest level of protection. You can register these kinds of trademarks immediately, without any evidence of "secondary meaning" -- i.e., proof that, through your use of the name in commerce, the public has come to identify it specifically with your good or service. Similarly, in the event of a lawsuit, you would not need to produce evidence of secondary meaning in order to make out your case.

In contrast, a merely descriptive name can only receive full trademark protection after it acquires secondary meaning. Some examples include names that describe the product or service directly, such as Speedy Rental Car, or one that merely uses a person's name, such as Smith Computers or Jane's Collectibles. Terms that describe the geographic location of a good or service, like the New York Times, also are considered descriptive, and they can be protected as trademarks only upon proof that through use they have acquired secondary meaning. If you choose a merely descriptive name for your citizen media site or blog, you would not be able to register it at first, and you would not be able to successfully sue someone for using a confusingly similar trademark. You might be able to register it and/or bring a successful lawsuit at a later date, however, assuming that Internet users at some point come to identify your business name specifically with your work (i.e., it acquires secondary meaning).

Lastly, a generic name can never receive trademark protection. A generic name is identical to the product or service to which it attaches. For instance, calling a business that hosted email accounts "email" would be a generic name. Keep in mind that a term can be a generic name for one product or service, but a valid trademark for another. For instance, "Apple" is a generic name for selling apples, but a valid trademark for computers, and "Bicycle" is a generic name for selling bicycles, but a valid trademark for playing cards. Some geographical terms like "swiss cheese" and "French fries" are also generic because they are synonymous with the item itself. However, this does not mean that all geographical names are generic.

Choosing a business name presents a special problem for a community journalism site or blogger with a regional focus, where using a geographical or other descriptive term makes intuitive sense. After some thought, you may decide that the appropriate descriptive name is more important to you than strong trademark protection. Or, you may come up with a creative way of using a geographical term in a distinctive way (e.g., h2otown). Be aware also that your descriptive name may obtain secondary meaning should your site prove an influential and often-visited source of information -- think, for instance about the New York Times. So, keep in mind that you may start out with a business name that enjoys little protection under trademark law, but the amount of protection may grow over time."

Posted via web from Andis Kaulins



LAW PUNDIT 10/29/2009 03:49:00 AM [Home] [Print]

Trademarks and the Name of a Business : The Citizen Media Law Project at Harvard Instructs on How to Choose a Trademark-Protectable Name
 

The Citizen Media Law Project, a non-profit at Harvard which provides legal assistance and resources for online and citizen media, at their website, hosted by the Berkman Center for Internet & Society, has a very nice summary of trademark law as relates to the naming of a business.

See:

Naming Your Business: Choosing A Name Capable of Trademark Protection | Citizen Media Law Project


LAW PUNDIT Wednesday, October 28, 2009 10/28/2009 11:56:00 PM [Home] [Print]

Make Hop not War : Sony Ericsson Hoppers in Barcelona
 

Have you seen this?
This is not an ad on my part.
It is my selection for video of the decade.
HAPPY! I fell off my hopper smiling.

Sony Ericsson Hoppers in Barcelona


LAW PUNDIT Saturday, October 24, 2009 10/24/2009 12:11:00 AM [Home] [Print]

TwitterBar is a Useful Tool for Posting Twitter Tweets from the ADDRESS BAR of the Browser
 

TwitterBar is a Useful Tool for Posting Twitter Tweets from the ADDRESS BAR of the Browser. This makes it very fast and easy to use. The TwitterBar Widget currently mentions LawPundit as a blog that has posted about Twitter Bar (scroll the widget).








LAW PUNDIT Thursday, October 22, 2009 10/22/2009 11:26:00 PM [Home] [Print]

Twitter Addresses of Legal Blogs (Blawgs) as Referenced on the LawPundit Law Blogroll
 

Having initially compiled these legal Twitter tweet feeds for our own use, we are happy to provide our readers with the Twitter links (that we could find) for blawgs and legally-related blogs on our LawPundit law blogroll. We follow numerous of these Twitter tweet feeds ourselves at @Law_Pundit (note the underline necessitated by our inability thus far to obtain the @LawPundit address at Twitter which is currently squatted by an imposter). Our current Twitter address is: @Law_Pundit (full address at http://www.twitter.com/Law_Pundit).

The Twitter blawg addresses we have located for law bloggers on our LawPundit law blogroll:

The Blog of the White House - @Whitehouse
ABAJournal - @ABA Journal
ABAJournal.com Web producer - @BlogWhisperer
ABA President's Blog - @tommywellsaba
Above the Law - @atlblog
AbsTracked - @abstracked
ACLU Blog of Rights - @aclu
A Connecticut Law Blog - @ryanmckeen
ACSBlog - @acslaw
Advocate's Studio - @advocatesstudio
Al Nye the Lawyer Guy - @AlanNye
Althouse - @annalthouse
Anticipate This! - @jacobward
Anything Under the Sun Made by Man - @russ_krajec
Bag and Baggage - @dhowell
Balkinization - @jackbalkin
Bank Law Blog (.uk) - @banklawblogger
Bibliotheksrecht (.de) - @BibliothekRecht
Binary Law (.uk) - @nickholmes
BlawgIT - @BrettTrout
Blawgletter - @blawgletter
Blawg Review - @blawgreview
Blog@IP::JUR - @axelhorns
Build a Solo Practice - @SCartierLiebel
Business Golf Blog - @suzannewoo
Canadian Trademark Blog - @CanadianTMBlog
Cearta (.ie) - @cearta
Charon QC (.uk) - @charonqc
China Law Blog - @danharris
Class 46 (EU trade mark news) - @class46
Conglomerate - @GlomPosts
Copyright Trademark & Entertainment Blog - @tamerabennett
Counterfeit Chic (Copying) - @CounterfeitChic
Current Awareness (.uk) - @inner_temple
Daily Kos - @markos
Deal Attorney (M&A) - @acerminaro
Deal Book - @nytimesdealbook
Deliberations - @annereed
Dennis Kennedy Blog - @dkennedyblog
Discourse.net - @mfroomkin
Doc Searls Weblog - @dsearls
Dorf on Law - @dorfonlaw
Drug and Device Law Blog - @ddlw
E-Commerce Law - @JonathanFrieden
Election Law - @rickhasen
Embassy Law Blog - @embassylaw
Ernie the Attorney - @ernieattorney
Faculty Blog Chicago - @UChicagoLaw
Feminist Law Professors - @FeministLawPrfs
For the Defense (DRI) - @forthedefense
Freedom to Differ (.au) - @peterblackQT
German Trademark Law in a Nutshell - @germantrademark
Groklaw - @Groklaw
Guiding Rights Blog - @mvbpartridge
Handakte (.de) - @handakte
Head of Legal (.uk) - @carlgardner
Health Blawg - @healthblawg
Hollywood Entertainment & Media Law - @THREsq
Houston's Clear Thinkers -@bigtkirk
Immateriblog (.de) - @spielkamp
Infamy or Praise - @colinsamuels
Informationoverlord (.uk) - @iOverlord
InstaPundit - @instapundit
International Economic Law & Policy - @worldtradelaw
International Trade Law News - @tradelawnews
Internet Cases - @internetcases
IP Dragon 知識產權龍 - @ipdragon
iPhone J.D. - @jeffrichardson
IPKat - @IPkat
IP Think Tank - @IPThinkTank
IPwars (.au) - @wrothnie
IT Law in Ireland - @TJMcIntyre
Lawdable - @BarryWilms, @dmac1957
Law Firm Web Strategy - @stevematthews
LawLibTech - @cchick
Law Practice Tips Blog - @jimcalloway
LawPundit - @Law_Pundit (@Law_Pundit)
Legal Blog Watch - @LegalBlogWatch
Legal History Blog - @legalhistory
Legal Jobs & Recruitment (.uk) - @TenPercentLegal
Legal Pad (a Cal Law Blog) -@LegalPadblog
Legal Talk Network - @legaltalk
Legal Theory Blog - @lsolum
Legal Tweets - @nikiblack
Legal Underground - @eschaeff
Lessig Blog - @LESSIG
Lex Ferenda (.ie) - @macsithigh
LibraryLawBlog - @librarylaw
Lightbulb (Dilanchian IP Blog) (.au) - @noricd
MassLawBlog - @gesmer
Opinio Juris - @opiniojuris
Overseas Property Investment Blog - @nubricks
Paper Chase - @JuristNews
Patent Baristas - @patentbaristas
Patent Docs - @PatentDocs
Patentability Blog - @BrianNFletcher
Patently-O - @PatentlyO
Patterico's Pontifications - @Patterico
Peter Zura's 271 Patent Blog - @PZura
Phosita - @Phosita
PLI Patent Blog - @PractLawInst
Precedent (Law & Style) - @shortcellar
Privacy & Security Law - @DWTLaw
SCOTUSblog - @scotusblog
Securing Innovation - @ipdotcom
Singularity Law - @JoshKagan
Slaw (.ca) - @slaw_dot_ca
Southern Appeal - @SouthernAppeal
Strategic Legal Technology - @ronfriedmann
Sui Generis - @nikiblack
TalkLeft - @talkleft
taxgirl - - @taxgirl
Techdirt - @techdirt
TechnoLlama (.uk) - @technollama
Technology & Marketing - @ericgoldman
The Common Scold - @CommonScold
The Invent Blog - @nipper
The Lawyer Coach Blog - @TheLawyerCoach
the [non]billable hour - @matthomann
Trademark Blog - @mschwimmer
TTABlog (Trademarks) - @TTABlog
Useful Arts - @usefularts
WisBlawg - @shucha
Wise Law Blawg (.ca) - @wiselaw
WSJ.com Law Blog - @WSJLawBlog
Zeugma - @paulmaharg


LAW PUNDIT 10/22/2009 10:46:00 PM [Home] [Print]

Video of the Ceremony Opening the New Supreme Court of the United Kingdom
 

We posted previously about the historic opening of the new Supreme Court of the United Kingdom, the ceremony of which was attended by Queen Elizabeth II, British Prime Minister Gordon Brown, UK Supreme Court President Lord Nicholas Phillips, three U.S. Supreme Court Justices (Chief Justice Roberts and Associate Justices Scalia and Breyer) and Supreme Court Justices from around the world. Below is a C-SPAN video from YouTube showing this significant event:



LAW PUNDIT 10/22/2009 01:44:00 PM [Home] [Print]

European Union : EU Jurisdiction : Recognition and Enforcement of Judgments in Civil and Commercial Matters : Council Regulation (EC) No 44/2001
 

The European Union COUNCIL REGULATION (EC) No 44/2001 of 22 December 2000 is one of the most important documents of the EU, covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

The EU Law Blog in the posting Cases of the Court of Justice on Regulation 44/2001: Council Document informs us that:
"The Council has prepared a handy compilation of the case-law of the Court of Justice interpreting Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters."
Read the whole thing here.


LAW PUNDIT Monday, October 19, 2009 10/19/2009 11:53:00 PM [Home] [Print]

Supreme Court of the United Kingdom (U.K.) Newly Designed was Rolled Out in Presence of the Queen and Supreme Court Justices from Around the World
 

As reported by Nathan Koppel at the WSJ Law Blog in The New U.K. High Court: A Chip Off The New Block, the United Kingdom this month ceremoniously replaced the Appellate Committee of the House of Lords with a new Supreme Court of the United Kingdom.

The October 1, 2009 Press Notice of the Supreme Court of the United Kingdom provided as follows:

[Please note that the links in the text below have been added for more detailed information by LawPundit and are NOT a part of the original press release.]

"Reference number: 01/09
Date: 1 October 2009
Press Notice
Supreme Court of the United Kingdom comes into existence

The new Supreme Court of the United Kingdom came into existence today (1 October 2009) and is now the highest court in the United Kingdom.

Replacing the Appellate Committee of the House of Lords, the Court's creation is a landmark moment in constitutional and legal development.

The new home of the Supreme Court is the former Middlesex Guildhall, on Parliament Square. It has been painstakingly renovated over the past two years with new life breathed into the building. Many original features have been restored and brought back to full splendour.

Established through the Constitutional Reform Act 2005, the Supreme Court will hear civil appeal cases from England, Wales, Northern Ireland and Scotland, as well as criminal appeal cases from England, Wales and Northern Ireland. It takes over the devolution jurisdiction of the Judicial Committee of the Privy Council (JCPC). The JCPC continues to be the final court of appeal for certain Commonwealth countries and other jurisdictions, such as Crown Dependencies.

The Supreme Court is set to transform the public's awareness of justice at the highest level. One of the Court’s fundamental aims is to be as transparent as possible in its judgments and proceedings.

For the first time at any court in the United Kingdom, proceedings will be routinely filmed and made available to broadcasters. The building is open to the public during working hours and press summaries of judgments will be provided to the media.

The Court will educate as well as adjudicate, with a specially created exhibition on the Court's work and the UK's judicial systems.

Following the swearing in this morning, the Justices will process in their robes to Westminster Abbey to attend the annual service that marks the start of the new legal year in England and Wales.

Lord Phillips of Worth Matravers, President of the Supreme Court, said: "For the first time, we have a clear separation of powers between the legislature, the judiciary and the executive in the United Kingdom. This is important. It emphasises the independence of the judiciary, clearly separating those who make the law from those who administer it.

As Justices of the Supreme Court we will be more visible to the public than we ever were when sitting as members of the House of Lords. This is desirable as the Court will only decide points of law of public importance. Justice at the highest level should be transparent and the new Court will have a crucial role in letting the public see how justice is done."

Jenny Rowe, Chief Executive of the Supreme Court, said: "The establishment of the Supreme Court is an important historic moment.

"The improvements and modernisation that this brings creates exciting new opportunities to show the wider public how justice is done at the highest level, to increase awareness of the UK's legal systems and the impact the law has on people's lives."

Ends

Notes to editors
  • The start of the legal year in England and Wales is traditionally marked by a procession of judges arriving at Westminster Abbey from the Royal Courts of Justice in The Strand for the service, followed by the Lord Chancellor's 'breakfast' in the Great Hall in the Houses of Parliament.

  • The swearing in of Justices will start at approximately 10am on Thursday 1 October at The Supreme Court of the United Kingdom. The Service in Westminster Abbey commences at 11.30am. Sworn in Justices will process to the Abbey at approximately 10.50am.
Contacts:
Sian Lewis
Tel: 020 7960 1886
sian.lewis@supremecourt.gsi.gov.uk

Robert Boyland
Tel: 020 7960 1887
robert.boyland@supremecourt.gsi.gov.uk

The Supreme Court of the United Kingdom
Parliament Square London SW1P 3BD T: 020 7960 1886/1887 F: 020 7960 1901 www.supremecourt.gov.uk"
[Please note that the links in the text above were added for more detailed information by LawPundit and are NOT a part of the original press release.]

The October 2, 2009 Press Notice of the Supreme Court of the United Kingdom provided as follows:
"Reference number: 02/09
Date: 16 October 2009

Press Notice

HM The Queen officially opens The Supreme Court of the United Kingdom


Her Majesty The Queen today officially opened The Supreme Court of the United Kingdom at an event attended by senior judges from around the world, politicians and others from the UK.


Located on Parliament Square, the building which is now home to the new Supreme Court has been painstakingly restored through a Ministry of Justice managed project – with many of the previously obscured original features of the Middlesex Guildhall brought back to light.


The Queen and His Royal Highness The Duke of Edinburgh were taken on a tour of the building by The Rt Hon Lord Phillips of Worth Matravers, the Court's President, The Right Hon Lord Hope of Craighead, Deputy President and Jenny Rowe, its Chief Executive.


Lord Phillips said: "It was a very great honour that Her Majesty performed the official opening and that it was attended by so many distinguished guests. The creation of a Supreme Court for the United Kingdom is undoubtedly a major constitutional landmark. It unequivocally separates the senior judiciary from the legislature and the executive, but also brings other benefits.


"The Court's new facilities are far improved for Justices, lawyers, other court users and the public. Justice at the highest level should be transparent and we now have facilities which are truly accessible and create opportunities for people to gain a better understanding of our work and the UK legal systems in general."


Greeted with a fanfare by The State Trumpeters of The Band of The Blues and Royals, The Queen and The Duke of Edinburgh met staff, contractors and artists who had contributed to the project. In the Court’s new exhibition area they saw schoolchildren from William Edward's School and Sports College, Grays, Essex, using interactive displays that explain the UK's legal systems and the role of the Court's Justices. A legal debate or 'moot' was also staged in Court One by students from Strode's College, Egham, Surrey.


Lord Phillips, The Prime Minister The Rt Hon Gordon Brown MP and Lord Chancellor and Secretary of State, The Rt Hon Jack Straw MP addressed guests who included many senior members of overseas judiciary. Judges from the United States, Australia, New Zealand, South Africa, Europe, India and Canada were among those who attended. There were also dignitaries from the Commonwealth and The Supreme Court of the United Kingdom Crown Dependencies, from the Channel Islands, the Isle of Man and Gibraltar, as well as Caribbean islands.


Sir Andrew Motion, former poet laureate, read his poem 'Lines for the Supreme Court', commissioned by the Justices of the Supreme Court to mark its establishment. The poem has been engraved onto stone benches outside the front entrance of The Supreme Court building. Prayers were led by His Grace, The Archbishop of Canterbury after Her Majesty unveiled a commemorative bronze sculpture.


Jenny Rowe, Chief Executive of The Supreme Court of the United Kingdom, said: "I am extremely honoured that Her Majesty was able to undertake the official opening of the Court.


"The Court will educate as well as adjudicate and one of our fundamental aims is to be as transparent as possible in its judgments and proceedings. These are routinely filmed and will be made available to broadcasters, which is a first for the UK. In the coming months we will be developing our education and outreach work – so there are exciting times ahead."


Ends


Notes to editors


  • Established through the Constitutional Reform Act 2005, the Supreme Court will hear civil appeal cases from England, Wales, Northern Ireland and Scotland, as well as criminal appeal cases from England, Wales and Northern Ireland. It takes over the devolution jurisdiction of the Judicial Committee of the Privy Council (JCPC). The JCPC continues to be the final court of appeal for certain Commonwealth countries and other jurisdictions, such as Crown Dependencies.

  • The Supreme Court of the United Kingdom has replaced the Appellate Committee of the House of Lords.

  • The JCPC now sits in the same building as the Supreme Court, having moved from its previous accommodation at 9 Downing Street.

  • Judges who attended the Official Opening included:

    Honorable John G. Roberts, Jr, Chief Justice of the United States

    Honorable Antonin Scalia, Associate Justice of The Supreme Court of the United States

    Honorable Stephen Breyer, Associate Justice of The Supreme Court of the United States

    The Rt Hon Dame Sian Elias, Chief Justice of The Supreme Court of New Zealand

    The Rt Hon Beverley McLachlin, Chief Justice of The Supreme Court of Canada

    The Honourable Justice Susan Kiefel, High Court of Australia

    Honourable Mr Justice K G Balakrishnan, Chief Justice of The Supreme Court of India

    Chief Justice Pius Langa, Constitutional Court, South Africa

    The Hon Chief Justice Andrew Li, High Court, Hong Kong

    Dorit Beinisch, President of The Supreme Court of Israel

    The Rt Hon Dame Joan Sawyer, President of The Court of Appeal of the Bahamas

    Hon Chief Justice Richard W Ground OBE, The Court of Appeal of Bermuda

    Hon Chief Justice Anthony Smellie QC, The Court of Appeal of the Cayman Islands

    Hon Chief Justice Lord Christopher Gardner QC, Falkland Islands and British Indian Ocean Territory

    Hon Chief Justice (Acting) Anthony Dudley, The Supreme Court of Gibraltar

    Hon Justice Frederick Bruce-Lyle, Eastern Caribbean Supreme Court

    Hon Justice Michael Kerruish QC, High Court of Justice of the Isle of Man

    Hon Judge Charles Blackie, Pitcairn Islands

    Hon Chief Justice Ivor Archie, Trinidad and Tobago

    Hon Justice Richard Williams, Turks and Caicos Islands

    Madame Pauliine Koskelo, President of The Supreme Court of Finland

    Monsieur Vincent Lamandat, Chief Justice of The Supreme Court of France

    Prof. Dr Klaus Tolksdorf, President of The Supreme Court of Germany

    The Hon Mr Justice John Morgan, Chief Justice of The Supreme Court of Ireland

    Monsieur Vincenzo Carbone, First President of The Supreme Court of Italy

    Prof. Dr hab Lech Gardocki, First President of The Supreme Court of Poland

    Monsieur Franc Testen, President of The Supreme Court of Slovenia

    Vassilios Skouris, President of The European Court of Justice

    Sir Nicolas Bratza, Vice President of The European Court of Human Rights

    Chief Justice Johan Munck, Supreme Court of Sweden

Contacts:

Sian Lewis

Tel: 020 7960 1886

sian.lewis@supremecourt.gsi.gov.uk


Robert Boyland

Tel: 020 7960 1887

robert.boyland@supremecourt.gsi.gov.uk


The Supreme Court of the United Kingdom

Parliament Square London SW1P 3BD
T: 020 7960 1886/1887 F: 020 7960 1901
www.supremecourt.gov.uk"
Twittered at Law_Pundit at the link @Law_Pundit

LawPundit reported on this development already last March in Whatever Happened to the House of Lords? A Supreme Court of the United Kingdom will take up work Starting in October 2009.


LAW PUNDIT 10/19/2009 02:23:00 PM [Home] [Print]

The European Union (EU) Launches Online Digital Library of Archives of Official EU Documents Issued in the Past 50 Years
 

The European Union (EU) yesterday, October 18, 2009, at the Frankfurt Book Fair launched its online digital Library of archives of official documents issued in the past 50 years.

Valentina Pop at EUObserver writes:

"The digital library frees the memory of the European Union tied to paper since its beginning," EU commissioner for multilingualism Leonard Orban said.

"The millions of pages now accessible to everyone in the 23 official languages demonstrate the continued commitment of the European Union to preserve and encourage the history of the Union in its linguistic diversity," he added. Apart from the bloc's 23 official languages, some publications are also available in Chinese, Russian and around 20 other languages."



LAW PUNDIT Friday, October 16, 2009 10/16/2009 08:30:00 PM [Home] [Print]

TwitterBar : A Twitter Add-On Extension for Mozilla Firefox allows the Simple and Fast Posting of Tweets from the Address Bar : By ScribeFire Maker
 

We are just starting out with Twitter and ran across a Mozilla Firefox Add-On Extension called TwitterBar by Christopher Finke which fits our own needs fantastically: It is simple and fast for posting tweets, especially about a given website page that one is just viewing on the screen.

See the reviews here.


LAW PUNDIT 10/16/2009 02:01:00 AM [Home] [Print]

Social Networking Impacts Legal Marketing as More and More Lawyers Join Social Media Sites : Carolyn Elefant Reports at Nolo's Legal Marketing Blawg
 

Social networks are here to stay, and increasingly so for the legal profession. Carolyn Elefant at Nolo's Legal Marketing Blawg in Legal Marketing : Social Media Trends informs us that:
"[M]ore lawyers are joining social networking sites. According to the Leader Networks Study, 78 percent of lawyers polled reported membership in an online social network, up substantially from 59 percent in 2008. And participation runs across all age groups, with 86 percent of lawyers aged 25-35 belonging to social networks, followed by 76 percent of those 36-45 and 66 percent of those in the 46-55+ category. "
Read Carolyn's detailed posting about the "how to's" of social media marketing for lawyers.


LAW PUNDIT 10/16/2009 01:35:00 AM [Home] [Print]

Cloud Computing Legal Risks : Software as a Service Not Without its Dangers : John L. Watkins of Chorey, Taylor & Feil Reports
 

John L. Watkins of Chorey, Taylor & Feil informs us that a Sidekick Episode Provides Real World Example of Cloud Computing Risks. He writes, inter alia:
"As things presently exist, it appears that users of cloud based services may have little in the way of legal remedies."
Hat tip to German American ExecuNet at LinkedIn.


LAW PUNDIT 10/16/2009 01:20:00 AM [Home] [Print]

How Blogs, Twitter & Social Media Are Changing Legal Reporting - November 4, 2009 Media Conference in San Francisco for Journalists, Bloggers, Others
 

A free half-day MEDIA CONFERENCE on How Blogs, Twitter & Social Media Are Changing Legal Reporting with a following reception will take place 1 to 5 p.m.on Wednesday, November 4, 2009 at the Phillip Burton Federal Building and U.S. Courthouse, 450 Golden Gate Avenue, San Francisco, California.

The Conference is being sponsored by the U.S. District Court for the Northern District of California and by PICO, the U.S. Ninth Circuit Public Information and Community Outreach Committee. As written at the Media Conference website:
"Journalists, bloggers, new media content providers and others reporting on the business of the courts are encouraged to attend. The event is free but space is limited. To register, click here."
It looks quite good and is of course the kind of thing we miss attending, being located in Europe.


LAW PUNDIT 10/16/2009 12:01:00 AM [Home] [Print]

Social Networking Surpasses E-Mail on the Web and Poses New Challenges for Law Firms, Lawyers and Legal Community - ESI Electronic Discovery Issues
 

At the New York Law Journal, Technology Today, Federal E-Discovery Issues, there is a June 20, 2009 article titled Social Networking Data Presents New Challenges, authored by H. Christopher Boehning and Daniel J. Toal, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison LLP, and assisted in the preparation of the article by Liad Levinson, an associate at the firm, and Jenna Statfeld, a summer associate at the firm. They write:

"The rapid growth of social networking Web sites in the workplace means companies can no longer ignore them. Companies should consider whether their current electronic communications policies are sufficient to cover social networking sites....

User activity on social networking sites like Twitter, LinkedIn, Facebook, and MySpace warrant serious concern.


According to a recent article in The New York Times, “Time spent on social networks surpassed that for e-mail for the first time in February [2009], signaling a paradigm shift in consumer engagement with the internet.


Read the whole article here
.


LAW PUNDIT Thursday, October 15, 2009 10/15/2009 10:37:00 PM [Home] [Print]

Bruce MacEwen aka known as "Adam Smith, Esq." Challenges - at the ABA Journal's Legal Rebels - the Necessity of State Bars and their Jurisdiction
 

At the ABA Journal's Legal Rebels - Remaking the Profession, Bruce MacEwen, who blogs at Adam Smith, Esq. , writes that "It's Time to Abolish the Role of the State Bar", pointing out that the entire system of state bars is "medieval", writing:
"Where are you admitted? Why on earth should that matter?

Why, for that matter, should it even be a question with an answer? Shouldn’t we be admitted to practice “in the United States?” (“In the EU?”) Do our clients care? Only, I would suggest, to the extent that they want the freedom to call on the best of us in New York, California, D.C., London, Hong Kong, and wherever else it might come in handy for them.

Take this a step farther: Why should law firms be subject to the jurisdiction of the state bar wherever they happen to have an office? If Amazon can choose to be headquartered in Seattle, but can also choose to be incorporated in Delaware, and does business—remind me, where again does Amazon “do business”?—why shouldn’t law firms enjoy the same benefits?"
Read the rest here.


LAW PUNDIT 10/15/2009 08:59:00 PM [Home] [Print]

Niki Black (Sui Generis Nicole Lynn Black) Has Legal Tweets - Really
 

Niki Black (Sui Generis Nicole Lynn Black) Has Legal Tweets - Really.


LAW PUNDIT 10/15/2009 02:56:00 AM [Home] [Print]

Trademarkia - A Free Search Service for Trademarks
 

Trademarkia.com is a newly launched startup in Silicon Valley, California, offering a free search service for a library of 5.7 million logos, names, and slogans. See also the Trademarkia Blog.


LAW PUNDIT Wednesday, October 14, 2009 10/14/2009 10:37:00 PM [Home] [Print]

Symposium on National Security & Human Rights, National Press Club, Washington D.C., October 15, host ACS, American Constitution Soc. for Law & Policy
 

If you are in the Washington D.C. area October 15, 2009, there is a half-day symposium on national security and human rights starting at 1:00 p.m. (13 o'clock) at the National Press Club. Here is the e-mail announcement that we received:

Co-Chair of FDD's Center for Law and Counterterrorism David Rivkin to participate in ACS Symposium October 15 at the National Press Club
Washington, D.C. (October 14, 2009) - The American Constitution Society for Law and Policy (ACS) will host a half-day symposium on national security and human rights issues. The symposium will include two panel discussions with a diverse array of experts and a keynote address by Assistant Attorney General David Kris. The Foundation for Defense of Democracies David Rivkin will participate in the second panel (1-2:30 pm) discussing the issue of the State Secrets Privilege.

Afternoon Panel: “The State Secrets Privilege: A Case for Reform?”

Panelists
:
  • Moderator, David Cole, Professor of Law, Georgetown University Law Center;
  • Amanda Frost, Associate Professor of Law, American University Washington College of Law;
  • David Rivkin, Co-Chair FDD’s Center for Law and Counterterrorism, and Partner, Baker and Hostetler LLP;
  • Vincent Warren, Executive Director, Center for Constitutional Rights; and
  • Ben Wizner, Staff Attorney, ACLU National Security Program.
When: Thursday, October 15, 1:00pm – 2:30pm

Where: The National Press Club, Holeman Lounge
529 14th Street, NW, 13th Floor
Washington, DC 20005

RSVP: The event is free for registered media. Please RSVP to press@ACSLaw.org

For more information on the Foundation for Defense of Democracies' Center for Law and Counterterrorism please visit www.defenddemocracy.org

For more information about this event, contact Judy Mayka at (202) 207-3698 or Judy@DefendDemocracy.org.
###
The Foundation for Defense of Democracies is a non-profit, non-partisan policy institute dedicated exclusively to promoting pluralism, defending democratic values, and fighting the ideologies that drive terrorism. Founded shortly after the attacks of 9/11, FDD combines policy research, democracy and counterterrorism education, strategic communications, and investigative journalism in support of its mission. For more information, please visit www.defenddemocracy.org.
Co-chair of FDD’s Center for Law and Counterterrorism David Rivkin to participate in ACS Symposium October 15 at the National Press Club


LAW PUNDIT Friday, October 09, 2009 10/09/2009 01:06:00 AM [Home] [Print]

Accessing the Vault.com Top 100 Law Firm Rankings via the Vault Website Front Page
 

We have had a number of people trying to reach the Vault.com Top 100 Law Firm list from our pages and we are sorry that our links there no longer work. To see the Vault.com Top 100 law firms you have to go to the front Vault.com page, then click on the menu item "Industries". On the subsequent page click "law firms" in the list. On the next page click "Top 100 Law Firms" under Vault Industry Rankings. Sorry, but our direct links in previous postings to Vault.com are no longer functional and no new direct links appear to be possible, except to the front page.

Go to Vault.com if their Top 100 Law Firm Rankings interest you.


LAW PUNDIT Thursday, October 08, 2009 10/08/2009 11:33:00 AM [Home] [Print]

Add Five Years to Your Life : Play Golf : Swedish Medical Study Shows Golfers Live Longer : The Lower Your Handicap the Better : It's the Game !
 

Want to live up to five years longer?

Get out to your local golf course more often and play the game!

According to a study published in the Scandinavian Journal of Medicine & Science in Sports, data from 300,000 Swedish golfers shows that the death rate for golfers is 40% lower than for non-golfers, regardless of their socioeconomic status, which equates to an increased life expectancy of five years. In fact, the better your handicap, the longer you live. The reason for this is probably that better golfers walk more, i.e. play more rounds of golf, and are out in the fresh air longer.


Image linked from redOrbit.com

One of the authors of the study, Professor Anders Ahlbom is quoted at redOrbit.com:
"A round of golf means being outside for four or five hours, walking at a fast pace for six to seven kilometres, something which is known to be good for the health," he says. "People play golf into old age, and there are also positive social and psychological aspects to the game that can be of help.... Maintaining a low handicap involves playing a lot, so this supports the idea that it is largely the game itself that is good for the health."
Of course, the LawPundit plays golf:

The LawPundit at age 62 was the Men's Champion
at his golf club. Here, as an exception, I put in a
plug for the clubs I use, which anyone can afford.
GigaGolf.com is where my clubs were made. Try it.

GigaGolf, Inc.

Hat tip to Martha and also to redOrbit.com for drawing my attention to the medical study.


LAW PUNDIT 10/08/2009 01:47:00 AM [Home] [Print]

Web Translation by Human and Computer Translators : Google and Facebook work differently to bridge Language Gap in Human Communications
 

Who's the better translator: Machines or humans? asks John D. Sutter in an article just published at CNN, October 7, 2009, pointing to the massive web translation services being offered for free by Google and Facebook, each of which is taking a different approach to web translation.

Google is relying on computerized translation to try to make the web universally accessible to everyone, regardless of language, whereas Facebook has launched a human-based service similar to the Wikipedia, by which volunteer human users form the backbone for "crowd-sourced translation technology".

All such services are useful but still suffer from many errors, so that professional translators are not about to be put out of work in the near future. Where free services are most appropriate are for the types of situations where neither a layman or a professional organization would ever hire a professional translator under normal circumstances - this applies especially to the translation of web materials while surfing the web.

Where the services of translators are normally required for important documents and writings, however, to insure accuracy and completeness of translation, neither the Google nor Facebook approaches are or can be sufficient. For such tasks, professional translators are necessary.

Take a look, for example, at the translation job board at Proz.com, the world's largest network of professional translators, to see that the professional translation market is a far different one than "approximate" web translation for web surfers or Internet social network users.

Also essential are resources such as foreign language dictionaries, which remain indispensable. The LawPundit is the co-author of one such specialist dictionary at Langenscheidt, the English-German German-English Dictionary of Business, Commerce and Finance.


LAW PUNDIT Wednesday, October 07, 2009 10/07/2009 06:38:00 PM [Home] [Print]

Barcode Patent Celebrates 57th Anniversary and is Featured as Google Encoded by Code 128, Today, October 7, 2009 : Generate Your Own Barcode Free
 

The barcode patent rules Google today.

As you can read at Google-Logos.com
if you search via Google on this particular day,
instead of the name Google on the Google search engine pages,
you will see their Google doodle,
which today is a barcode for the word Google, as below,
here linked from the Telegraph in the UK, where Nick Collins writes:
"The new doodle from Google marks the 57th anniversary of the day the first patent was made on the bar code. "
That barcode reads "Google" encoded by Code 128, which is used for alphanumeric or numeric-only codes like ASCII and also by the packaging and shipping industries. The barcode used for products in stores is UPC, the Universal Product Code.

Michael Arrington of TechCrunch.com gives us more details in his Washington Post article New Google Logo Celebrates The Barcode. Arrington surmises that the Google barcode was created with Google's open source ZXing ("Zebra Crossing"), a "multi-format 1D/2D barcode image processing library implemented in Java".

Via product-reviews.net we found a free barcode generator at BarCodesInc.com, where we generated a barcode for LawPundit (TM) as follows, encoded by Code 128, Subset B, which supports numbers and upper-case and lower-case letters. We set the generator at X-Resolution 2 and Text Font 5:

LawPundit barcode


Great fun.
Now all we have to do is to figure out a viable use for that same LawPundit barcode.


LAW PUNDIT 10/07/2009 01:02:00 AM [Home] [Print]

The Best College Football Teams of All Time Can Be Narrowed Down Using NAYPPA - Net Average Yards Per Play Advantage
 

Numerous sources have tried to pin down the best college football teams of all time. Obviously, almost any method of determining the relative strength of teams over the years entails subjective judgments, since teams can not play each other and because the quality of football changes over time via new strategy and tactics, new systems, new training methods, etc.

However, there is one fairly objective measure available of the relative strength of football teams which is fairly constant each season and which in recent years hovers around a median for all teams of about 5.4 to 5.5 yards per play on offense and the same amount defense, i.e. a net of zero. This statistic is NAYPPA - an acronym coined by Andis Kaulins - for the Net Average Yards Per Play Advantage, or, simply put, how many yards per play MORE did a team gain on offense the entire season than the yards per play which the defense allowed in that same football season. This shows the dominance of any team in a particular season of play.

This simple method, which can be tweaked for even more accuracy by meshing it with the strength of schedule, has over the past several football seasons proven superior to the polls and many other statistical methods used for judging the strength of a team.

When we view past national college football champions, NAYPPA immediately brings to the fore those very teams that others have ranked as great using other methods of comparison (W-L record, margin of victory and other statistical parameters, the number of All-Americans, the number of subsequent first round draft picks, the subsequent number of pro players, etc.)

The team most frequently ranked as the best team of all time is the 1995 Nebraska Cornhuskers team coached by Tom Osborne, who in the national championship game, held Florida to minus 28 yards rushing, had seven sacks, intercepted three passes and won 62-24, as second and third stringers finished up the game in the fourth quarter, as they did all season long. As noted at Huskerspot.com:

"The team Coach Tom Osborne fielded in 1995 is widely believed to be the best team in the history of college football."


Take a look at that video above and you will see for yourself a superb brand of 2nd effort option football which you will see rarely today, 15 years later. The game has changed - or has it? Isn't Florida's Tim Tebow basically an option-type of run and pass quarterback?

ESPN fans in 2006 rated the 1995 Husker team the best college football team of all time, as Brady Wimer of Omaha wrote:

"People forget that the Big 8 had four teams finish in the final Top 10 (NU, KU, CU and KSU). Nebraska outscored those teams 134-49.

The Fiesta Bowl speaks for itself [Nebraska easily beat 2nd-ranked Florida State 62-24, a Seminole team that the next year won the national championship].... The offense scored at will and the starting front four on defense were ALL first team All-Americans at one point or another in their careers.

.... It was the only team that Tom Osborne ever had that he said he would feel comfortable taking them anywhere in the country to play.

While national sentiments always seem to lay with the 1971 squad, if you ask around Nebraska, die hard Husker fans will tell you -- "1995.""

That same Number 1 rank was assigned to the unbeaten 1995 Husker team in 2005 by Sports Illustrated viz. CBS and Sagarin and in 2001 to the football program as a whole by scout.com. An amazing thirty-three of the players on the Husker's 1995 roster went on to play professional or semi-pro football.

As can be seen below, two teams have minimally better NAYPPA stats than the 1995 Nebraska Cornhuskers team, which had a NAYPPA of 2.7.

Last year's 2008 USC Trojans had the absolute best comparative yards per play stats with a NAYPPA of 3.0 for the entire season, but Southern Cal unfortunately lost one game, inexplicably, to unranked Oregon State, which takes this team out of the super team rankings.

The 1974 Oklahoma Sooners were marred by probation and were ineligible to play in a bowl game, but were definitely a great team.

Here are the NAYPPA stats and commentary:
  • 3.0 NAYPPA - 6.6 yards per play on offense to 3.6 yards per play on defense
    = USC Trojans 2008 season
    In spite of these top ever NAYPPA stats, the 2008 football team lacked the headline names on offense and managed to lose a game early in the season to unranked Oregon State, which already had two losses. The stats of the 2008 team are substantially better than the undefeated 2004 USC team, which had a NAYPPA of only 2.0, but which will always be the more remembered team, in part because it beat Oklahoma 55-19 in the Orange Bowl. Arguably, the 2005 USC team, which had a NAYPPA of 2.3 (7.5 ypp on offense to 5.2 ypp on defense) was an even better team, but it lost to Texas 41-38 in the Rose Bowl.
  • 2.8 NAYPPA - 6.2 yards per play on offense to 3.4 yards per play on defense (stats)
    = Oklahoma Sooners 1974 season

    Sooner Sports writes: "Only one opponent played the Sooners within 14 points and four failed to score a touchdown. At the same time, OU led the nation in scoring offense with an average of 43 points per game to finish the season as the only undefeated team in the country at 11-0.

    Oklahoma was loaded with talent, evidenced by its eight All-Americans, the most of any season to that point. OU's wishbone offense, triggered by RB Joe Washington, FB Seth Littrell and QB Steve Davis, averaged 73.9 rushing attempts per game, which still stands as an NCAA record.

    Combined with a tough defense led by senior All-American Rod Shoate, a swift and punishing linebacker, and a defensive front comprised of Lee Roy and Dewey Selmon, and defensive end Jimbo Elrod, it's easy to see why the Sooners were so highly regarded. "
  • 2.7 NAYPPA- 7.2 yards per play on offense to 4.5 yards per play on defense
    = Nebraska Cornhuskers 1995 season
    (that stat does not include the 1996 Fiesta Bowl in which the Huskers netted 629 yards on 83 plays = 7.6 yards per play while Florida netted 271 yards on 59 plays = 4.6 yards per play for a NAYPPA of 3.0, that against the Nr. 2 team in the country. The Huskers punted once.)

    As written at the Wikipedia:
    "Due to their performance against Florida as well as beating 4 teams that finished in the top 10 by an average score of 49-18, their consistent dominance (smallest margin of victory was 14 points), their record setting offensive performance, and their statistically impressive defense throughout the season, the 1995 Nebraska Cornhuskers are widely considered one of the greatest teams in college football history. The team set Division 1-A records by averaging 7.0 yards per rushing attempt and also by allowing zero quarterback sacks on the season. Noted for its strong special teams play, the team also connected on 13 of 16 field goal attempts, and it also tied an NCAA record by allowing only five punt returns (for a total of 12 yards) all season. The 1995 Huskers also averaged a victory margin of more than 38 points, the largest of any Division 1-A team since World War II, despite regularly resting their starters in the second halves of games. Averaging more than 53 points per game (including the bowl win), the team averaged 29.8 points per first half - a higher number than the per-game scoring average of many national champions, even including such modern champions as the 2006 Florida Gators, the 2002 Ohio State Buckeyes, and the 1992 Alabama Crimson Tide. Analysts often make comparisons to other recent highly-regarded champions, such as the 2001 Miami Hurricanes and the 2004 USC Trojans[4]. Such comparisons, as noted by the experts themselves, are nearly impossible to make, as rankings vary from evaluation to evaluation. The 1994 and 1995 Nebraska teams, which went a combined 25-0, remain the only undefeated - as well as the only consensus - back-to-back national champions since Oklahoma in 1955 and 1956."
  • 2.7 NAYPPA - 6.6 yards per play on offense to 3.9 yards per play on defense
    = Miami Hurricanes 2001 season (2.8 NAYPPA with the Rose Bowl)
    Michael Lemaire at bleacher report calls the 2001 'Canes, who beat Nebraska in the BCS title game, 37-14, "the best ever". That Solich team was 7-7 the next season. Mark Albracht at Associated Content Sports states that "Miami scored 512 total points in 12 games for an average of 42 points per game while they only relinquished 117 for an average of 9 points per game." The 1995 Huskers averaged 53 points per game. Ed Talerico at SEC Sports Fan writes: "In my opinion, the 2001 Miami Hurricanes were the greatest college football team of all time. One may argue this, of course, but I don't know if one can argue against them being the most talented squad ever."

  • 2.7 NAYPPA - 7.1 yards per play on offense to 4.4 yards per play on defense
    = Tennessee Volunteers 1998 season

  • 2.6 NAYPPA - 7.1 yards per play on offense to 4.5 yards per play on defense
    = Florida Gators 2008 season

  • 2.3 NAYPPA - 7.5 yards per play on offense to 5.2 yards per play on defense
    = USC Trojans 2005 season

  • 2.3 NAYPPA - 6.4 yards per play on offense to 4.1 yards per play on defense
    = Nebraska Cornhuskers 1994 season
    Some analysts also tout the undefeated 1994 Penn State Nittany Lions team, which finished second in the polls, but we have been unable to find cumulative season stats with yards per play on offense and defense for that team. The 1994 Nittany Lions team was very strong on offense but gave up 383 yards per game on defense and is unlikely to have better stats than Nebraska, but it would be interesting to compare their NAYPPA. Brian Epstein at the Daily Collegian Online wrote: "In their 45-17 skinning of the Northwestern Wildcats, the Nittany Lions controlled the ball for only 18:23, ran 13 fewer offensive plays and were outgained 475 to 341 in total yardage."

  • 2.3 NAYPPA - 6.6 yards per play on offense to 4.3 yards per play on defense
    = Nebraska Cornhuskers 1997 season
    (The University of Michigan disputed this national championship of Nebraska, but in spite of a Michigan grad in my family, the stats give a clear decision when we view Michigan's
    1.5 NAYPPA on 5.2 yards per play on offense to 3.7 yards per play on defense
    = University of Michigan 1997 season)

  • 2.3 NAYPPA - 7.2 yards per play on offense to 4.9 yards per play on defense
    = Nebraska Cornhuskers 1983 season

  • 2.2 NAYPPA - 5.4 yards per play on offense to 3.2 yards per play on defense
    = Nebraska Cornhuskers 1971 season
    The amazing thing about the 1971 team was their top-ranking defense with Rich Glover, but the offense is remembered for Johnny Rodgers. The defense was so good that it achieved a school record +26 turnovers. Nebraska beat Oklahoma in the "Game of the Century" on Thanksgiving Day, 35-31. This team also beat Bear Bryant's undefeated Alabama Crimson Tide team 38-6 in the Orange Bowl. Except for the 4-point win over the Sooners, the next closest game was a 24-point win over Colorado, 31-7. For both Oklahoma and the Buffaloes, those were their only season losses and the three teams ended the season ranked 1st, 2nd and 3rd in the nation.

  • 2.0 NAYPPA - 6.3 yards per play on offense to 4.3 yards per play on defense
    = Florida Gators 2006 season

  • 2.0 NAYPPA - 6.3 yards per play on offense to 4.3 yards per play on defense
    = USC Trojans 2004 season

  • 1.9 NAYPPA - 5.9 yards per play on offense to 4.0 yards per play on defense
    = LSU Tigers 2003 season, champions coached by Nick Saban

  • 1.8 NAYPPA - 5.0 yards per play on offense to 3.2 yards per play on defense
    = Alabama Crimson Tide 1992 season

  • 1.6 NAYPPA - 5.8 yards per play on offense to 4.2 yards per play on defense
    = Oklahoma Sooners 2000 season

  • 1.4 NAYPPA - 5.8 yards per play on offense to 4.4 yards per play on defense
    = LSU Tigers 2007 season
    There is no question that the Tigers were a very strong defensive team, but it is safe to say that this national championship was a partial BCS gift by the pollsters. LSU had already lost two games and were elevated into the national championship game above other teams by extremely irregular voting at the ballot box. West Virginia, Oklahoma and USC had legitimate claims to be better teams in 2007, but were eliminated from the championship game by football politics.

  • 1.1 NAYPPA - 5.9 yards per play on offense to 4.8 yards per play on defense
    = Florida State Seminoles 1999 season
    It takes great coaching to lead a team with this kind of limited relative dominance to the national title.

  • 0.9 NAYPPA - 5.6 yards per play on offense to 4.7 yards per play on defense
    = Ohio State Buckeyes 2002 season
    This national championship shows that it is defense and superb coaching that is critical to winning, not necessarily football dominance over the opponent.
Closing Remark on NAYPPA in the 2009 Season

Not yet quite halfway through the 2009 season, based on cfbstats.com, the Florida Gators through four games rank not only first in the nation with 7.7 yards per play gained on offense but also first in the nation with 3.4 yards per play allowed on defense, with the proviso that according to the Massey Ratings they have thus far played the 81st most difficult schedule in the country. That is coaching! Hats off to Urban Meyer and his staff, and of course to the players. It will be interesting to see how Florida fares the rest of the season, especially in view of the Tim Tebow injury.


LAW PUNDIT Monday, October 05, 2009 10/05/2009 11:51:00 AM [Home] [Print]

New U.S. Supreme Court Term Begins Today : Potentially Significant Landmark Cases on the Docket : Bilski Tops the List : Business Cases Dominate
 

Jess Bravin at the Washington Wire of WSJ Blogs reports in Supreme Court Majority Opinion: Attend Red Mass as follows:
"Each sitting of the Supreme Court begins after the marshal cries, 'God save the United States and this Honorable Court!' Each term begins, unofficially at least, with a more-elaborate entreaty for divine oversight: the Red Mass, conducted since 1953 at St. Matthew’s Cathedral in Washington.... Five of the court’s six Catholics attended Sunday — Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, Samuel Alito and Sonia Sotomayor — as did one of its two Jews, Justice Stephen Breyer."

6 Supreme Court Justices Attend Red Mass in Washington D.C.

Legal issues are a sign of the times and so it comes as no surprise, as Adam Liptak at the New York Times observes in New Court Term Hints at Views on Regulating Business, that the focus of cases on the docket of the U.S. Supreme Court, which begins its new term today, Monday, October 4, 2009, has shifted toward the problems raised by the economy. Liptak writes:
"By the time the justices left for their summer break in June, a majority of the cases they had agreed to hear — 24 of 45 — concerned business issues, according to a tally by the National Chamber Litigation Center of the United States Chamber of Commerce. The corresponding numbers last year were 16 of 42.

The nature of the cases has changed, too. In recent terms, the business docket was studded with cases about employment discrimination, federal pre-emption of injury suits and the environment. With the exception of a single employment case, all of those categories are missing.

In their stead, important questions about bankruptcy, corporate compensation, patents, antitrust and government oversight of the financial system will confront the justices."

The most significant case in our opinion is potentially Bilski, Docket No. 08-964, about which we have written previously at LawPundit. The Court's decision in Bilski - which challenges the invalidation by the Federal Circuit (9 to 3 en banc) of intangible business method patents - will establish whether the Roberts-led Court is attuned to cutting-edge developments in the modern world.

See on the topic of the upcoming Supreme Court term and cases on the docket:

TalkLeft: The Politics of Crime - Supreme Court Begins New Term.

James Vicini, Reuters, Supreme court term has major gun rights, business cases

Adam Liptak, New York Times, New Court Term Hints at Views on Regulating Business

Talking Points Memo
- TPM News - US Supreme Court to examine terrorism, gun rights

Philip Brooks' Patent Infringement Updates

digg
- Supreme Court Term Begins Today

blogrunner
- U.S. Supreme Court

Related - see also:

Obama begins to overhaul key US appeals court


LAW PUNDIT Thursday, October 01, 2009 10/01/2009 12:40:00 AM [Home] [Print]

Tom Osborne, Beyond The Final Score: There's More to Life Than the Game – Family, Mentoring, Leadership, Serving (a book review by Andis Kaulins)
 

The legendary Nebraska Cornhuskers football head coach Tom Osborne was a three-time representative in Congress from Nebraska's 3rd congressional district. We guarantee you a smile if you look at this map of that district. Well, OK, it is not ALL of the state.... I wonder how many - or few - of Osborne's colleagues in Congress knew that? It is one of the largest congressional districts in the nation.

Now, on to the book.

Did you know that it takes at least 5 positive comments for every 1 negative comment in a family environment for a healthy family environment to be maintained? and at least 3 positive comments to 1 negative comment to maintain a healthy work environment? and that a simple 1 to 1 balance of positive and negative comments is on the road to separation and divorce in a partnership?

That a positive balance of comments is critical would appear to be self-understood, but that the ratio must be so high is a revelation. That astonishing piece of information is cited in Beyond The Final Score, There's More to Life Than the Game, a truly remarkable book of wisdom by the legendary football coach Tom Osborne, published by Regal Books of Gospel Light, a not-for-profit Christian ministry.

Although the book emphasizes service to God as a guiding personal light, the principles presented are universal and equally applicable to all of us. As Osborne writes:
"Please don't get the idea that I was some kind of religious nut. I was simply trying to apply principles of faith in a highly competitive arena... [My] approach to leadership and team building is related to my faith. I believe that each and every person should be treated with the dignity and respect that they deserve." [emphasis added]
For Tom Osborne, that has been a fantastically successful philosophy.



The cover of my review copy of Beyond The Final Score, There's More to Life Than the Game carries a quotation - not seen above - from Warren Buffett, probably the world's most successful investor, stating: "Tom Osborne improves the lives of everyone he encounters."

If Osborne's book has one definable purpose, then that is the purpose it surely serves. This book can improve your life. It has already improved mine, and I am simply reviewing the book.

It is a rare football coach who would begin the first chapter of his book with a quotation by Mark Twain, author of The Adventures of Huckleberry Finn and Tom Sawyer, and known affectionately as the "father" of American literature. Osborne quotes Twain:
"Twenty years from now you will be more disappointed by the things you didn't do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover."
Right from the start of Beyond The Final Score, There's More to Life Than the Game, the reader of Osborne's book is thus aware that this is not simply a personal collection of memoirs, but rather a potentially valuable work of wisdom for everyone, written by three-time congressman Osborne, who is not only famous as the former head football coach at Nebraska but is also a respected leadership educator, who at age 72 presently serves as the Athletic Director at the University of Nebraska, Lincoln.

When Tom Osborne (pronounced OZ-burn) retired in 1997 as head football coach of the University of Nebraska Cornhuskers, "Oz" was his own legend, having won at least nine games in every coaching season and having compiled the then best winning percentage among active Division I-A coaches for a 255-49-3 won-loss record. In his last game as Husker head coach in the 1998 FedEx Orange Bowl, the Huskers won the national championship in the coaches poll, beating Tennessee and Peyton Manning, 42-17.

Indeed, Tom Osborne had gotten better as the years went by, winning 60 games and losing only 3 in his last five seasons, while winning three national championships (1994, 1995, and 1997). In fact, ESPN fans in 2006 rated his 1995 Husker team the best college football team of all time. That same Number 1 rank was assigned to the unbeaten 1995 team in 2005 by Sports Illustrated viz. CBS and Sagarin and in 2001 to the football program as a whole by scout.com. An amazing thirty-three of the players on the Husker's 1995 roster went on to play professional or semi-pro football.

ESPN named Osborne coach of the decade in 1999 and an ESPN poll in 2007 voted Osborne the greatest college football coach of all time. Such accolades are of course always subjective, but, whether you agree or disagree, they do reflect a level of achievement that is outstanding.

But how many football or other fans know the true story of how Osborne became a Nebraska assistant coach to begin with. Osborne relates the story in his book Beyond The Final Score, There's More to Life Than the Game (pp. 182-183):
"When I asked Bob Devaney if I could join his coaching staff, he told me that he had no positions open. However, he said that if I wanted to do so, I could move into an undergraduate dorm with seven or eight players who were causing trouble. If I had success with them Bob and I would revisit the possibility of coaching. These guys had developed a kind of frontier mentality: Anyone who trespassed their territory would suffer the consequences. The dorm counselors were afraid of them, and the school's administrators seemed at a loss for how to deal with the problem....

When I wasn't breaking up fights, I made every effort to get to know each one of the guys. Living side by side with them, day in and day out, helped me to build relationships of trust. And that was the key, I think, in helping them turn things around."
Oz was successful and Bob Devaney was proven to be a very wise man.
Oz got the job.

(Note via LawPundit on the unexpected but close connection of academics, football and law: Bob Devaney became NU head coach through a suggestion made to then NU Chancellor Clifford Hardin (later U.S. Secretary of Agriculture) by Michigan State head coach Duffy Daugherty. I went to school with Hardin's children. Cynthia Hardin Milligan is a J.D. and the Dean Emeritus of the Business School at the University of Nebraska, whose husband Robert S. Milligan is the current Chairman of the Board of Directors of the U.S. Chamber of Commerce. Cynthia Hardin Milligan worked together with Tom Osborne at the University of Nebraska on leadership matters. Nancy Hardin Rogers is also a J.D. and is the daughter-in-law of the late former U.S. Attorney General and Secretary of State William P. Rogers. She is herself a former Attorney General of Ohio and past President of the Association of American Law Schools.)

In the same years that Tom Osborne was beginning his football coaching career, I was in my undergraduate student days at the University of Nebraska. One semester I had a very early morning weight-lifting class (7:30 a.m.) in the basement of the University of Nebraska Coliseum in Lincoln (see video), which today houses the very successful Huskers volleyball program, but then was the arena for Cornhusker basketball games.

That same Coliseum today holds the women's sports NCAA record for the most consecutive sellouts, and I always felt good in the classic aura of that building (see video). Indeed, if I arrived early for my weight-lifting class - this was ca. 6:30 a.m. - I would go shoot baskets on the practice basketball floor prior to that class - I had my own ball.

Few people were even awake on campus at that early hour, and I was usually alone, but I did meet one other person there several times shooting baskets just like I was, very early in the morning. He was a tall (6'5") player who had been selected as an All-State basketball player in high school and was voted the Nebraska Athlete of the Year in 1955. His name, Tom Osborne, who was - then - an assistant for the University of Nebraska football team and - today - is in the National Football Foundation Hall of Fame.

As we all know from Benjamin Franklin, philosophy and wisdom aside, success comes through hard work and effort, quoting ushistory.org: "Early to bed and early to rise makes a man healthy, wealthy and wise" and Osborne's day began early. I am sure Osborne does not remember me from those early morning basketball encounters, but they were significant enough for me that I can recall them well. This was BEFORE Osborne became a famous coaching name.

It is interesting to see that good habits, once made, are not easily broken, although they may have to be amended to adapt to a change of circumstances. Osborne specifically refers in his book to the gym as an "oasis from partisanship" during his years as a congressman in Washington D.C., where he "made many friends on both sides of the aisle during my evening trips to the gym ... and ... would often stay until it closed around 10:00 P.M. I've always enjoyed working out, and the friendships that I formed there made it an even better experience." The time(s) had changed, but the good habits had remained. Note that Osborne was quite clearly not a supporter of the type of blind partisanship that often marks our vastly improvable Congress.

We were very much moved by Osborne's discussion in his book of the values of family, mentoring, leadership and serving, especially his conviction that "leadership as service", what Osborne calls "transformational leadership", is the best of all leadership forms, even though it is the most difficult to attain.

Osborne tells us on this leadership topic that:
"How a person leads is greatly influenced by his or her understanding of the world ... worldviews are inextricably tied to leadership.

There are so many interesting things discussed in Osborne's book that no review can do them justice. Beyond the Final Score should be read in full.

Osborne concludes:
"Is success just about winning? Acclaim? Trophies? Wealth? Our personal happiness or satisfaction? I have been blessed to experience some of these over the years, and I can answer without batting an eye: No. Accomplishments, applause, awards and fortune are rewards that often come as the result of hard work and a determined spirit, but there is something bigger. Something better. Something that will outlast the winningest season, the plushest corner office, the heftiest bonus and the loudest cheers. That something can only be found when we look beyond the final score." - Tom Osborne, Beyond The Final Score, There's More to Life Than the Game, p. 17




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