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    by Kimberly A. Kralowec
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Sunday, May 04, 2008

"The Search for Intelligent Life in the Blogosphere"

The May 2008 issue of California Lawyer has a cover story called "The Search for Intelligent Life in the Blogosphere: A survival guide to legal blogs and blogging." The article mentions a number of California law blogs, including May it Please the Court by J. Craig Williams, Bag and Baggage by Denise Howell, and the California Biotech Law Blog by Kristie Prinz. It also discusses the history of law blogs, the benefits of blogging for lawyers (and readers), and offers "7 Tips for Successful Blogging."

I owe a particular debt of gratitude to Craig for mentioning my blog to the reporter who wrote the article:

For instance, if Williams needs an update on developments in California's Unfair Competition Law (Bus. & Prof. Code §§ 17200-17209), he goes straight to The UCL Practitioner (www.uclpractitioner.com). "I look there if I need to know the latest in the law," Williams says of the blog written by Kimberly A. Kralowec, a partner at Schubert & Reed in San Francisco. "I can count on Kimberly for that."

Craig has a new book coming out next month, How to Get Sued: An Instructional Guide, which I am looking forward to reading and hope to be able to review here.

Monday, April 14, 2008

California Blog of Appeal hosts Blawg Review

Blawg Review #155 is up this morning at the California Blog of Appeal.

Sunday, April 13, 2008

"Women Lawyers Blog for Workplace Equality: Blogging as a Feminist Legal Method"

Here is an excerpt from the introduction of an article recently posted on SSRN:

Based on a detailed, empirical analysis of women lawyers in law firms, this Comment argues that, similar to Ellickson’s cattle ranchers and Bernstein’s diamond traders, a growing number of women lawyers in law firms have developed their own methods of rights assertion. They have rejected the law as a viable means of personal advocacy and are instead, using blogging—an alternative, informal and impersonal form of engagement—to advocate for their rights and interests in the workplace. One would expect that women lawyers, when confronted with unfair hiring practices, unequal pay, or unjust choices, would turn to the legal system. They are legally trained and undoubtedly immersed in the law, and therefore, one might presume that they are particularly attentive to legal rights and predisposed to think of personal grievances in a legal framework. Nonetheless, a growing group of women lawyers are using the Internet—and, in particular, blogging—to resolve their disputes, address their personal grievances, challenge implicit male bias engrained in the profession, and share and obtain the information they need to become stronger bargainers in the workplace. For a variety of reasons, these women have found it effective and rewarding to use blogging—and not traditional legal and legislative avenues—to advocate for their own personal rights in the workplace and to openly challenge “the rules under which success is defined and the structures that continue to reinforce men’s dominance” in the legal profession.

Alison I. Stein, "Women Lawyers Blog for Workplace Equality: Blogging as a Feminist Legal Method" (March 24, 2008). The article relies heavily on the blog Ms. JD and cites other articles with interesting titles, including Jill Filipovic, Blogging While Female: How Internet Misogyny Parallels ‘Real-World’ Harassment, 19 YALE J.L. & FEMINISM 295 (2007) and Rosa Brooks, What the Internet Age Means for Female Scholars, 116 YALE L.J. POCKET PART 46 (2006).

[Via Legal Blog Watch and Feminist Law Professors]

Sunday, April 06, 2008

"In Web World of 24/7 Stress, Writers Blog Till They Drop"

An article on the front page of today's New York Times reports that "In Web World of 24/7 Stress, Writers Blog Till They Drop":

A growing work force of home-office laborers and entrepreneurs, armed with computers and smartphones and wired to the hilt, are toiling under great physical and emotional stress created by the around-the-clock Internet economy that demands a constant stream of news and comment.

Of course, the bloggers can work elsewhere, and they profess a love of the nonstop action and perhaps the chance to create a global media outlet without a major up-front investment. At the same time, some are starting to wonder if something has gone very wrong. In the last few months, two among their ranks have died suddenly.

....

Other bloggers complain of weight loss or gain, sleep disorders, exhaustion and other maladies born of the nonstop strain of producing for a news and information cycle that is as always-on as the Internet.

I haven't heard of that level of stress among law bloggers, although I've always wondered how Howard manages to be so prolific. Blogging is definitely a lot of work and can certainly cut into sleep time if you let it.

Friday, April 04, 2008

Welcome to the blogosphere: The Complex Litigator

Attorney H. Scott Leviant has created a new blog, The Complex Litigator, described as "[a] California-centric collection of comments and resources related to the practice and procedure surrounding complex and class action litigation." The blog looks great so far. In particular, Scott had an interesting post last week refuting some points made in a recent Daily Journal article by a conservative, anti-consumer-redress advocate on recent (and unsuccessful) efforts to legislatively curtail the use of the class action device in California. The article consisted primarily of ad hominem attacks on the plaintiffs' bar, to which Scott cogently responds. Scott has been a frequent commenter on this blog and I'm pleased to see him joining the blogopshere himself.

Sunday, March 23, 2008

"Top Blogs Hit All the Right Links"

Earlier this month, the New Jersey Law Journal ran an article called "Top Blogs Hit All the Right Links" (March 6, 2008).

Saturday, March 01, 2008

Teleseminar: "Pumping Up Your Online Presence with a Blog"

On Thursday, March 6, 2008 at 10:00-11:30 a.m. Pacific, the ABA Center for Continuing Legal Education will present a teleseminar called "Pumping Up Your Online Presence with a Blog." From the course description:

This program will address the growing “blogosphere” and how attorneys can use it to further their practices. Our experienced panel includes Jim Calloway and Tom Mighell, both of whom are listed in the “Top 100 Blawgs” by the ABA Journal. From a brief history of the blog to an examination of newer technologies such as RSS feeds, this program will give you the tools you need to build and maintain your own blog. If you are new to blogs, or just looking for the latest updates, this is the program for you.

Sounds very interesting. See also this post about a similar program from from last week, "Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice." [Hat tip: Inter Alia]

Thursday, February 21, 2008

Thanks for tuning in!

Thanks to those who signed up and listened to the law blogging webcast this morning, which just concluded moments ago. I hope I will hear feedback from some of you by email (uclpractitioner@gmail.com) or perhaps in the comments to this post. By way of further response to one of the questions, you can see that putting up a blog post is often just as quick and easy as sending out an email. Thanks to Howard and Craig, as well as to Doug from West Legalworks, for your help in putting together what I hope was a great program.

UPDATE: Here is a link to the materials from the seminar: Resources for Law Bloggers. To follow up on one of the topics we covered, you will notice that I uploaded this document at a site called 17200blog.com, which is one of my domain names. My very patient friend Gary hosts that domain for me and allows me to put up documents on his server for free. I also could have uploaded it to Typepad, which includes a limited amount of storage space with my account. If your firm is sponsoring your blog, presumably you could arrange for documents to be posted on its server. Document storage is one thing to consider on the technical side when starting a new law blog.

Saturday, February 09, 2008

"Bloggers at their computers are Supermen in flight"

From a February 14th article in the New York Times Review of Books:

Bloggers at their computers are Supermen in flight. They break the rules. They go into their virtual phone booths, put on their costumes, bring down their personal villains, and save the world.

Yeah!

Friday, February 08, 2008

"Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice"

On Tuesday, February 21, 2008 at 9:00-11:30 10:30 a.m. Pacific, I will speak at a webinar sponsored by West Legalworks called "Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice." My co-speakers are the authors of two leading law blogs, J. Craig Williams of May it Please the Court and Howard Bashman of How Appealing. I'm so psyched to be a co-panelist with both of them!

Please sign up to listen in and submit questions. We will discuss our experiences as law bloggers, including tips on starting your blog, finding your niche and voice, building your audience and reputation, and how law blogging has helped us develop our practices. To get a 15% discount off the registration fee (which is $165), use discount code WLW15 at checkout. That's a special code for my contacts, which include all of the readers of this blog.

CORRECTION: The webinar is 90 minutes long, from 9:00 a.m. to 10:30 (not 11:30).

Saturday, February 02, 2008

"Changing the Online Legal Landscape"

In an article dated January 23, 2008 on Law.com, Robert Ambrogi highlighted his "five most notable legal sites of 2007." They are: Avvo; Public.Resource.Org; AltLaw; ABA Journal; and Justia (aka Blawg Search).[Via Avvoblog.]

Saturday, January 19, 2008

"Blogging Lessons Learned"

On January 10, 2008, The National Law Journal had an article, "Blogging Lessons Learned," by Mark Herrmann, one of the two authors of Drug and Device Law. An excerpt:

Finally, the spoils: Blogging pays off.

It pays off in part by being a self-fulfilling prophecy. Whether or not you know anything about drug and device products liability law, you appear to be an expert in that field as of the day you launch the "Drug and Device Law Blog." Impressed by your expertise, and hoping that you'll mention them online, complete strangers begin sending you e-mails containing unpublished decisions, creative ideas and endless other tidbits relating to drug and device law. Eventually, your blog becomes a clearinghouse for information about the subject it covers. By staking a claim to some online turf, you gradually come to dominate that turf and to become an insider on events in that field.

Hosting a blog also raises your own personal profile. The print and broadcast media search the blogosphere for experts who can provide insights into current legal issues. If you want to be found, you must exist in the relevant world: Establish an online presence. My co-host and I have been interviewed in our year of blogging by the Wall Street Journal, The National Law Journal and countless papers in between.

Drug and Device Law also has an interesting follow-up post on the readers' and bloggers' reactions to the article. [Via Cal Blog of Appeal.]

Saturday, January 05, 2008

Law blogs acknowledged in The Nine by Jeffrey Toobin

For Christmas this year I received two (!) copies of The Nine: Inside the Secret World of the Supreme Court by Jeffrey Toobin, one from my dad and one from a good friend. On page 342, introducing the notes, Toobin writes: "Among blogs, I looked often at the authoritative www.scotusblog.com, the encyclopedic http://howappealing.law.com, and the irresistible, if much diminished http://underneaththeirrobes.blogs.com." (Hyperlinks added.) The book was a very good (and fast) read, by the way.

Thursday, January 03, 2008

Settlement in Apple v. bloggers case

On December 21, 2007, the Recorder reported on a settlement in the Apple v. bloggers case (O'Grady v. Superior Court): "Apple Deal Kills Blog That Leaked Product Information." According to the article, one of the bloggers agreed to shut down his Apple rumor site, Think Secret, as part of the settlement, but Apple never learned the identities of the blogger's sources. The New York Times also reports: "Apple Rumor Site to Shut Down in Settlement."

In 2006, the Court of Appeal ruled that the bloggers were "journalists" and that California's shield law therefore protected their sources. O'Grady v. Superior Court (Apple Computer, Inc.), 139 Cal.App.4th 1423 (2006). This was considered a huge victory for bloggers generally. Some of my coverage of that decision is available at these links.

Sunday, December 16, 2007

"Staying Informed: It's Really Rather Simple"

Law.com has an article dated Monday on the beauty of RSS feeds: "Stay Informed: It's Really Rather Simple."

Personally, I use Bloglines to quickly keep track of the blogs and other feeds that I follow. The Law.com article says that the Ohio Supreme Court has a case activity notification service that uses RSS. The Eleventh Circuit also has an RSS feed for new opinions, which I subscribe to via Bloglines. Note to the fine people at the California courts website: Please publish an RSS feed for new published appellate opinions!

Saturday, October 27, 2007

"The State of Legal Blogs: A Report From the Frontlines"

FindLaw.com has an article by Bill Gratsch of Blawg.com called "The State of Legal Blogs: A Report From the Frontlines." The article provides a brief history of law blogs and describes the different types of law blogs, including legal news blogs, legal academia blogs, and subject-matter specific law blogs:

Another indicator of the legal blogosphere's health is the continuing growth in weblogs covering specific legal subjects. Typically written by subject matter experts, these weblogs cover myriad legal topics and court cases in detail and can serve as a valuable resource to stay abreast of important developments. ....

By offering free, well-written content, often filling gaps in general legal news coverage and/or expanded analysis of important cases or regulations of the day, subject matter specific weblogs continue to grow in importance and value.

[Via Technolawyer.]

Saturday, October 13, 2007

"Roundtable Weighs In on Legal Blogs"

Thursday's National Law Journal had a detailed summary of a roundtable discussion called "Blogging, Scholarship and the Bench and Bar," which took place on September 17, 2007 at Santa Clara University School of Law. One of the panelists was Circuit Judge Michael Daly Hawkins of the United States Court of Appeals for the Ninth Circuit. He had some particularly interesting remarks about law blogs:

[Moderator]: Judge Hawkins, I wonder, as you value various kinds of legal scholarship, including that that arrives electronically to you, if you were not a judge, but a law school dean, knowing what you know about how valuable blogging is, would you try to encourage your faculty to blog?

Hawkins: We get all of our information off the Internet, Westlaw, Lexis, whatever; assemble it together and then produce the written product after that. We never crack those books. Consequently, my chambers has, other than the U.S. Code, has very few in it. I think it goes back, to answer your question directly, to the content. There is some blog content that is extraordinarily good. It's particularly helpful in my court, which covers the nine Western states.

....

[Moderator]: .... Does scholarship matter? What about from the bench and the bar? What do you think should matter about scholarship that's done by law faculty? Judge Hawkins?

Hawkins: Well, it depends upon the case, obviously. It can be very important. A lot of material -- written, published material -- flows across our desks as appellate judges. Some of it, I think, directed when it's widely known that your court's going to hear an interesting intellectual property case, like Grokster or Napster, or the recent case I sat on involving the administration's information-gathering tools. You never ask for it, but Professor X from Law School Y, says, well, I thought you might be interested in this topic, and that happens with blogs.

Every morning when I turn on my computer, our circuit librarian puts up a thing called New and Noteworthy, and it will have, from New York Times, Washington Post, [Los Angeles] Times, papers all across the country, with comments on cases that we've decided, or cases that are upcoming. But it's also interspersed with blogs, and it will have blog commentary on a case that's coming, or a case that's been decided. And not infrequently, when it's a comment such as the 9th Circuit's going to hear an issue about fair use and copyright protection, when you have somebody dig down to the bottom of that blog, it turns out that it's written or sponsored by someone who has an oar in the water on that very issue, so you have to be very careful about that. And I find that less so with standard law review material, although it does occur there also. But it's something you have to be careful about.

I wonder what Judge Hawkins means by "someone who has an oar in the water on that very issue." It's one thing for counsel of record in a pending case to blog (or write print articles) about that case. It's another, I think, for a practitioner who practices in a particular area of law to write about the hot issues that courts are addressing relating to his or her practice. Does such a practitioner "have an oar in the water" on the issue? From a certain perspective, the answer would be "yes." Should such a practitioner not blog or write about that topic? Not at all. Such practitioners are precisely the ones who should, and they do it all the time (both online and in print), because they are among most knowledgeable about the subject. So I suppose what Judge Hawkins might be saying is that, as a judge, he must be careful when reading any articles (or blog posts) written by practicing lawyers.

More commentary from Judge Hawkins is available at this link dated 2003, when he participated in How Appealing's
"20 Questions for the Appellate Judge" feature.

Thursday, October 04, 2007

La Meme Chose - Simply the Best Law Blogs

Blawg Review has started a "top law blogs" meme. I've been "tagged" by J. Craig Williams of May it Please the Court — thank you so much, Craig! I'm honored to be listed among the blogs you selected. My own top ten are listed below. By rights, Craig's blog and Blawg Review should definitely be included in the list, but I think the idea is to spread the word about blogs not previously chosen. I picked these ten from among the law blogs I regularly read myself and find the most useful (or, in one case, the most entertaining):

Wage Law
The California Blog of Appeal
Consumer Law & Policy Blog
Federal Civil Practice Bulletin
The Legal Reader
My Shingle
Lowering the Bar
Bag and Baggage
Legal Blog Watch
How Appealing (last but not least)

I owe a particular debt of gratitude to Bag and Baggage and How Appealing, because they were the first law blogs I started reading and they inspired me to create my own blog back in 2003. Also, So Cal Law Blog deserves an honorable mention here. Although the blog is now dormant, it was definitely a top law blog in its day.

Saturday, September 01, 2007

Judges do read law blogs

J. Craig Williams of May it Please the Court provides a link to an article from Case in Point, the magazine of the National Judicial College, called "Are You Out There? Blogging on the Bench." The article discusses not only judges who blog, but also the blogs judges read. The article specifically cites May it Please the Court as a blog that judges read.

I've heard from some judges and their research attorneys that they read The UCL Practitioner. In fact, my blog was cited in one trial court order that I'm aware of. If you are a judge or research attorney and you read my blog, I'd love to hear from you and get your feedback. I can be reached by email (uclpractitioner@gmail.com) or phone (415-433-2070). I will, of course, keep your communications confidential.

[Via Blawg Review]

Monday, July 30, 2007

Law blog directories

Blawg World 2007 is available at this link (pdf). It includes profiles of a number of law blogs (including this one) plus many pages of advertising. In prior years, Blawg World did not include advertising, which, in my view, is a change for the worse. There are better sources to identify top law blogs, including Blawg Search, Blawg Review, blawg.org, and Ian Best's Taxonomy of Legal Blogs.

Saturday, June 16, 2007

"A Blog of Their Own"

On June 11, 2007, in "A Blog of Their Own," the Recorder reported on blogs by legal secretaries, librarians, paralegals, and other non-attorney legal professionals. Here are some of the blogs mentioned in the article:

Sunday, May 27, 2007

Blogs by U.C. Davis law professors

The Spring 2007 issue of my law school's alumni magazine, King Hall Counselor, has short piece called "Blogging by UC Davis Law Professors." The piece lists the following blogs:

How about a listing of blogs by U.C. Davis Law School alumni? Are there any other law blogs by U.C. Davis grads?

UPDATE: Because an inordinate number of spam comments are somehow attracted to this post, I'm closing comments and trackbacks. If you know of other law blogs by U.C. Davis grads, please send me an email.

Saturday, May 26, 2007

Search engine for law blogs: Blawg Search by Justia

There's a relatively new search engine out there just for law blogs: Blawg Search by Justia. This is a good alternative to Google blog search or IceRocket, neither of which is limited to a particular type of blog such as law blogs. I sometimes use Google blog search to find extremely recent commentary on brand new decisions, and Blawg Search should be an even better tool for that. Blawg Search also has an extensive directory of law blogs organized by topic and jurisdiction.

Actually, I have to assume that many of you already know about Blawg Search, because as of today, this blog is listed as Justia's 12th most popular law blog of all time based on "the number of visits to the Blawg from the BlawgSearch search engine and directory listing pages." More of Justia's statistics on top law blogs by day, week, and month, as well as historical data back to October 2006, are available here. I'm not doing too bad for May; last time I checked, my site was the 17th 13th most popular law blog this month. That's pretty good considering that Justia tracks around 2,000 law blogs.

[Via Legal Blog Watch.]

Tuesday, May 15, 2007

"7th Circuit Launches Federal Judiciary's First Wiki

Monday's National Law Journal reports that "7th Circuit Launches Federal Judiciary's First Wiki." According to the article, the wiki will permit both judges and practitioners to add their comments about appellate practice and procedure within the Seventh Circuit.

Sunday, May 06, 2007

"Legal Wikis Are Bound to Wow You"

Law.com has an interesting article on legal wikis, complete with links to several successful examples. The article, dated May 7, 2007, is by Robert Ambrogi.

Saturday, March 31, 2007

"The 12 Phases of Becoming a Blogger"

Some of my Friday posts (and most of my occasional Saturday posts) relate to blogging generally and law blogging in particular. If anyone out there is thinking about starting a new law blog, I recommend reading "The 12 Phases of Becoming a Blogger" at meritocracy.net. It's a short, concise list and it captures my own experience almost exactly, especially phases 7 through 12.

Friday, March 30, 2007

Bay Area Law Blogger Meet-Up

On Wednesday night, I attended a meet-up of Bay Area law bloggers organized by Professor Eric Goldman of Santa Clara University School of Law (High Tech Law Institute). There are a great many more of us than I had previously realized. Professor Goldman has an interesting summary of the meeting on his own blog, Goldman's Observations. I finally met in person people whom I'd previously known only by email, such as Kevin Underhill (Lowering the Bar) and journalist Andrew Tolve, as well as people whom I knew only by reading their blogs, like Joe Gratz and Beth Grimm. I also re-connected with people I've met before, such as Kurt Opsahl (Deep Links; winner of a CLAY award for his work on the Apple v. Bloggers case), Cathy Kirkman (Silicon Valley Media Law Blog), and Mary Minow (Library Law Blog).

And most interesting of all, I met the anonymous Mr. Ed, Editor of Blawg Review, who dressed all in black, enigmatically, and wouldn't give his name, but favored us with a series of interesting observations about the world of law blogging. (Of course, to protect his privacy and anonymity, I can't share those observations here.) In sum, it was a great event and I'm looking forward to the next one.

Saturday, March 24, 2007

Blawg Review #100

The 100th weekly issue of Blawg Review — the law blog carnival — went up this past Monday. It's an interesting one because it summarizes and provides links to each of the prior 99 issues. If you've never checked out Blawg Review before, this week is a good time to do so.

"Balkin talks Blogs"

The Winter 2007 issue of Yale Law Report has an interview with Professor Jack Balkin, author of the group blog Balkinization. A snippet:

Blogging changes the relationship between law professors and their audiences because professors can reach more people. It changes the relationship between law professors and journalists because law professors don’t need journalists to get their ideas out to the broader public; conversely, blogging makes it easier for journalists to find the right experts to interview. It changes the timing and pace of legal scholarship because law professors can talk about cases the day they come down, driving the discussion forward in a very short time rather than through a series of law review articles that may take years to appear. Just as the Internet collapses the news cycle, it also collapses the publication and discussion cycle. It produces a type of legal writing that is more journalistic, more personal, and more driven by current events.

[Via Law Blog Metrics]

Saturday, March 03, 2007

"Blogs on Trial"

Yesterday's Recorder had an interesting article (subscription) comparing blogging to traditional journalism and questioning whether the format is really that revolutionary. A tidbit:

Despite all its claims of whiz-bang newness and democracy-promoting attributes, blogging may turn out to be nothing more than a fresh version of an old journalistic gimmick. More important, it may not necessarily be such a wonderful thing for democracy. First, while the technology is new, what bloggers are doing often isn't. Reporting the latest from a courtroom at lightning speed is an old pursuit. ....

To their credit, the men and women who wield the pencils — oops, laptops — of today are doing something different. But it's not the technology or the lack of training or even the re-introduction of opinion into the news; it's the dissemination of their work that makes blogging a new phase in journalism history.

Friday, February 23, 2007

"Blogs, Wikis and Podcasts, Oh My!"

On April 19, 2007 at noon, the Bar Association of San Francisco will present an MCLE program called "Blogs, Wikis and Podcasts, Oh My! Unravel New Media's Ethical Impact on Your Law Practice." Speakers include Denise Howell, author of one of the first California-based law blogs, Bag and Baggage.

Of related interest, read "Wikis for the Legal Profession" by bloggers Dennis Kennedy and Tom Mighell in this month's issue of Law Practice Today. [Via Law Blog Metrics]

UPDATE: An article called "A Brave New Wikiworld" in today's (02/24/07) Washington Post begins: "In the past year, Wikipedia, the online encyclopedia that 'anyone can edit,' has been cited four times as often as the Encyclopedia Britannica in judicial opinions, and the number is rapidly growing." The article concludes: "In just a few years, Wikipedia has become the most influential encyclopedia in the world, consulted by judges as well as those who cannot afford to buy books. If the past is prologue, we're seeing the tip of a very large iceberg." [Via How Appealing]

Thursday, February 15, 2007

"Inside Blogging"

Monday's Recorder had an interesting article (subscription) on in-house lawyers who blog. The article begins:

Although online blogging has gone mainstream in some professions, there's one group of people mostly absent from the blogosphere: the in-house bar. That said, a few in-house blogs do exist, and their numbers are growing steadily. They range from company-sanctioned sites to anonymous blogs hosted by services such as TypePad and BlogSpot.

What the article should have done, but did not, was provide active hyperlinks to the in-house blogs mentioned. If those had been provided, I would have linked to them here. I don't have time to look up all the links myself on Google. In this day and age, in an article about blogging, the Recorder could have done better.

Saturday, January 27, 2007

New law blog: California Employee Rights Blog

Check out California Employee Rights Blog, a new law blog just created on December 31 by attorneys James J. Peters and Sara R. Peters.

Thursday, January 25, 2007

"Superior Legal Websites to Watch"

While we're waiting to find out how the Supreme Court rules in Pioneer Electronics, Law.com has an article this week called "Superior Legal Websites to Watch." The article mentions some interesting new law blogs and other recently-launched websites of interest to lawyers.

Friday, December 15, 2006

"Five Blogging Dead Ends to Avoid"

Law.com has the first article I've seen that discourages lawyers from blogging. The article, by Larry Bodine of LawMarketing, describes "the five most common snafus that can dead-end your blog." His basic advice to bloggers: don't post too little or too much, stick to your topic, be interesting and concise, and stop blogging if you're getting no return. Probably the best piece of advice is not to create a blog unless you're sure you'll stick with it. I would refine that advice and say don't publicize your blog until you're sure you'll stick with it. Most people won't really know whether they'll take to blogging until they try it. I made no effort to publicize this blog for six months after I started.

Monday, November 20, 2006

Miscellany from the blog pile

The Weblog Awards 2006 is accepting nominations for "Best Law Blog" in the comments to this post.

Blawg Review #84 is available this morning at the blog Transcending Gender. Links to past Blawg Reviews are collected at the main Blawg Review site.

Howard Bashman's most recent column is now available at Law.com: "Electronic Filing on Appeal: What Does the Future Hold?"

Now a month old, this article is still interesting: "Gimme an 'S': The High Court's Grammatical Divide." I remember debating this very issue with my judge during my clerkship. He put a lot of thought into that kind of thing.

Friday, November 10, 2006

"Lawyers Face Right to Blog"

On Tuesday, the Chicago Tribune had a story called "Lawyers face right to blog: Online journals that contain legal discussions and background information are challenging traditional practices on attorney advertising." The article explains law blogs to laypersons who may never have heard of them, then discusses efforts by some states (notably Kentucky and New York) to regulate them as attorney advertising. I've seen other recent articles about this phenomenon, but I haven't blogged about them because I consider the entire discussion to be ridiculous. Kevin O'Keefe of LexBlog agrees.

My blog is not advertising. It's the equivalent of publishing a treatise or a practice guide, or of writing a focus article for the Daily Journal every day. It is scholarship and it is journalism. The blog's primary audience is other lawyers. They are who it's written for, as are most law blogs. If the blog enhances my profile in the legal community, leads to co-counseling relationships, or even generates client contacts, those are happy consequences but they do not transform the blog's fundamental nature from scholarship into solicitation. Fortunately, I have nothing to fear from the California State Bar (even with the proposed amendments to the Rules of Professional Conduct). It's too bad the regulators in these other states don't understand what law blogs are or the purposes they serve.

In a recent FindLaw.com article, "Are Lawyers' Blogs Protected by the First Amendment? Why State Bar Regulation of Law Blogs As 'Advertising' Would Be Elitist and Reductive" (Oct. 16, 2006), author Julie Hilden writes:

[C]haracterizing blogs as merely advertising for the attorney who writes them is so reductive as to be absurd. .... State bars should affirmatively encourage legal blogs, rather than chilling them by regulating them as if they were no more significant than a banner on the back of a bus.

Friday, September 29, 2006

"Blawg: Marketing Your Practice with a Weblog"

This article appeared in the August 2006 issue of Law Practice Today. It has good, basic advice for anyone thinking of starting a law blog. [Hat tip: Blawg Review]

Saturday, September 23, 2006

"Blogs are liberating the profession from dull writing"

The September 11, 2006 issue of the National Law Journal reports that "Blogs are liberating the profession from dull writing":

The growing respect for blogging among legal professionals stems in part from the medium's tendency to resist the worst excesses of the traditional forms of legal writing and publication. Many legal documents and most traditional law review articles can be ponderous, with assertions over-wrought, arguments over-made, principles over-cited and everything over-written. The blog medium fosters and rewards succinct expression. For legal writers and legal readers, it is liberating and refreshing to have thought-provoking ideas about the law expressed in only a few paragraphs or even a few sentences.

The article is by Professor Douglas A. Berman, author of the blog Sentencing Law and Policy.

Friday, September 08, 2006

"Judges cite more blogs in rulings"

So reports this week's issue of The National Law Journal. The article derives from 3L Epiphany's detailed list of law blogs cited in judicial opinions.

Saturday, August 19, 2006

Legal blog citations in law review articles

3L Epiphany has posted a lengthy list of legal weblogs that have been cited in law review articles. I learned from that list that my own blog was cited in one of the symposium articles recently published by Nexus: A Journal of Opinion. In his article "The Information Age, Again," Timothy Sandefur writes:

Not only does blogging harness the energies of widely dispersed expertise and energy, it also allows a more in-depth treatment of issues than the traditional media. This is due to the phenomenon of media fracturing .... There are specialized blogs on a remarkable variety of subjects: in my own business, I have frequent recourse to Legal Theory Blog, which covers developments in jurisprudence; How Appealing, which covers news from the nation’s appellate courts; The UCL Practitioner, which focuses on cases invoking California Business and Professions Code § 17200; and Eminent Domain Watch, which covers national eminent domain news. .... Audience specialization allows blog writers to expect a certain level of sophistication from the audience, and thus to expand on more sophisticated elements of a particular topic.

Sandefur, "The Information Age, Again," 11 Nexus J. Op. 5, 8-9 (2006) (footnotes omitted; hyperlinks added).

Saturday, August 05, 2006

"Law-Related Blogging Starting to See a Coming of Age"

Check out this article from Chicago Lawyer magazine. [Hat tip: Legal Blog Watch]

Tuesday, August 01, 2006

Ninth Circuit precedent for judicial reliance on legal weblogs

Yesterday, in Harper v. Poway Unified School District, ___ F.3d ___ (9th Cir. July 31, 2006) (O'Scannlain, J., dissenting), a group of four Ninth Circuit judges cited the Volokh Conspiracy in their opinion dissenting from the denial of en banc rehearing. Professor Volokh criticized the original Ninth Circuit decision in his blog, and the dissenting opinion cites his blog post as support for its position on the merits. (Slip op. at 8549 (citing Eugene Volokh, Sorry, Your Viewpoint Is Excluded from First Amendment Protection, April 20, 2006, http://volokh.com/posts/1145577196.shtml).) [Hat Tip: California Appellate Report.]

This development is particularly timely, coming within a week after the publication of two articles addressing the ramifications of judicial reliance on law blogs. Lyle Denniston of SCOTUSblog observed that "[t]he hallmark of true influence – citation as authoritative in case law or legal briefs – is beginning to develop, but so far can hardly be called frequent, or common." Lyle Denniston, "Law Blogs: The Search for Legitmacy," 11 Nexus Law Journal 17, 21 (2006). Nonetheless, "operating on the assumption that the Court has become Internet-savvy, ... outside advocacy by blogs is likely to grow more common, a kind of digital amici advocacy." Id. at 20; see also Howard Bashman, "Viewing Law Blogs as a Vast Amicus Brief," Law.com (July 24, 2006) ("When the legal blogosphere offers assistance in the form of insightful commentary about pending cases from law professors and lawyers with particular expertise in the subject matter under consideration, a judge's consultation of those blog posts is, in my view, just another form of permissible legal research.").

One notable thing about the Harper case in particular is that the orig