Because legal continuing professional education — usually referred to in the U.S. as “continuing legal education (CLE)” or “mandatory continuing legal education (MCLE)” (see, e.g., this map of state bar requirements from West LegalEdcenter), and in the U.K. as “continuing professional development (CPD)” (see, e.g., the Bar Standards Board regulations and the Solicitors Regulation Authority requirements) — involves many legal informatics issues and contexts — including legal publishing, legal education, legal professional development, legal ethics, legal information behavior, legal communication, legal technology, and legal social networks — this blog will occasionally comment on developments concerning CLE.

Of particular note in recent months is the use of social networks by CLE providers. Many CLE services and content creators are using social media to market their programs and connect with lawyers and other customers.

One way to gain a sense of how CLE providers and content creators are using social media is to peruse the lists — created by Tim Baran of uMCLE.com — of CLE community members who use Facebook or Twitter. Tim plans to add a LinkedIn list shortly.

Since CLE providers are both educational institutions and publishers, monitoring the CLE community’s use of social media is a useful way to gauge the role of social networks in legal education and legal publishing.

Last Thursday, I attended and spoke at the Lexington County Bar’s Annual Conference. Among the presenters were The Honorable James O. Spence, Master-in-Equity; Desa Ballard, Private Attorney; The Honorable Richard C. Collins, Magistrate;  The Honorable Daniel R. Eckstrom, Probate Court; and me.

This post covers the Honorable Daniel R. Eckstrom, Lexington County Probate Judge.

Judge Eckstrom began his presentation with an acknowledgment that the number of self-represented litigants is rising – in all levels of court. He noted that it is especially important for judges to be impartial in perception AND fact. He noted that as judges we should explain more about the process. As attorneys, when the other side is self-represented, we need to make sure that we are very clear about who we represent – especially when there are multiple parties involved.

Good info!

If you want more information about this CLE, watch the SC Bar’s website. The presentation was filmed and will be available for distance learning at a later date!

-RFW

If you have “Seinfeld: The Complete Series” on DVD as one of your holiday wish list items, a continuing legal education webcast could be considered the ultimate optional bonus feature for attorneys.

“‘Seinfeld’ and the Law: A Seminar About Nothing,” presented by the South Carolina Bar, describes itself as a “chance to brush up your legal knowledge in a unique and entertaining way,” by analyzing “a show rife with complex legal issues.”

For example, “The Puffy Shirt” concerns contract law, meeting of the minds, the Mirror Image Rule and damages.

Or “The Old Man,” which deals with elder law, conservatorship, competency and informal agreements.

Most famously, “The Soup Nazi” covers intellectual property and interestingly, libel and false-light cases, as the man who the character was based on was involved in an actual lawsuit regarding his being deemed a “Nazi.”

Then there’s “The Finale,” involving character evidence, modus operandi, and, because an in-show criminal trial takes place in the episode, relevancy.

Now, if only “Seinfeld” fans could have filed a class-action suit against the producers for such a bad series ending …

HT: The Volokh Conspiracy

– Douglas J. Levy

December Update–ABA TIPS Animal Law Committee (ALC)

Teleconference Committee Meetings

Our second teleconference on November 18^th was a success.  About 25 of you “attended” which is great!  Thanks so much to Robin McVoy for her interesting discussion on starting an animal law practice within a firm.  She raised a number of interesting issues and quandaries that I imagine many of us face when litigating animal law cases.

The timing of our teleconferences will change in 2010.  The new time will be the FOURTH Tuesday of the odd-numbered month at 4pm EST.  Hopefully this will not present any conflicts for those of you who have attended and it may create opportunities for others to attend.  Our January guest speaker will be Paul Waldau, ALC Vice-Chair, ALC Co-Chair of the Great Apes Subcommittee, and scholar working at the intersection of animal studies, ethics, religion, law and cultural studies, and currently the President of the Religion and Animals Institute (http://www.paulwaldau.com/).

For those of you unable to attend, the “minutes” of the teleconference meetings are now available on the ALC web site.  You may access them from our main page.

January ALC Teleconference:

Date:  January 26, 2010

Time:  4 PM EST

Conference dial-in number:  (218) 339-2500

Participant access code: 106999#

Paul Waldau will be our “guest” speaker.

ALC Winter Newsletter

The deadline for articles for the Winter newsletter is February 1, 2010.  We are always looking for good articles for the newsletter on diverse topics relating to animal law.  E-mail me if you would like to write an article for the Winter newsletter (jschaf@law.gwu.edu). The article should run about 1200-1500 words, be in Word, and use footnotes (minimal) for citation.  Pretty easy!  J Also, if you have a topic you would like to see discussed in the newsletter, please let me know.

ABA Mid-Year Meeting:  Orlando, FL

The ALC Business Meeting is scheduled for February 5, 2010, 10am – 11 am.  Please consider attending in person.  Conference phone setup at the ABA meeting is expensive . Thus, we can obtain one for our meeting only if a sufficient number of members will call in to make the cost of the phone worthwhile. If you would like to attend the meeting via phone and can commit to doing so, please e-mail me by December 30th.  So far two people have indicated an interest in doing so.

CLEs

As previously announced, the ALC will be sponsoring two CLEs this year.  The first is a 90-minute webinar analyzing US v. Stevens (once it is decided!) and discussing its implications for the future of animal protection litigation.  The date is not yet confirmed as we are awaiting the Court’s decision.  The second will be a 90-minute panel at the ABA Annual Meeting in San Francisco in August 2010 entitled:  What Price Love?  Mass Tort Actions and Animals.  Both are now listed on the web site.  As more details become available, the information will be updated.

Ongoing ALC Projects

We have five ongoing policy projects.  There are two model legislation projects involving holding periods for animals during disasters and harm to companion animals.  The other projects involve the following broad topics:

(1) The handling of animals by authorities seized after raids on animal fighting rings or puppy mills

(2) The HAPPY Act.

(3) Dangerous Dogs

(4) Farm animals

(5)  Rules of Professional Responsibility for animal-related cases.

If you are interested in working on any of the projects, let me know.

New York State Bar Association's Committee on Animals and the Law

Laws & Paws E-Newsletter
 
Check out the inaugural edition of Laws & Paws, E-Newsletter!
http://www.nysba.org/AM/Template.cfm?Section=Home&CONTENTID=31612&TEMPLATE=/CM/HTMLDisplay.cfm
 
Congratulations to ALC members James F. Gesualdi, Chair, and Amy Chaitoff, Vice Chair, NYSBA Committee on Animals and the Law 

We had a great turn out for our first Best Practices in Prior Art Searching – Life Sciences.  We tried to go through the 120 slides but hard to do so in an hour. Two questions in particular came up twice.  If you want to sign up for our next one, we will be updating our schedule.

“Please shed more like on searching for developmental drugs”

- Experimental pipeline drugs will not be found in the FDA OrangeBook (http://www.accessdata.fda.gov/scripts/cder/ob/docs/queryai.cfm).  If we can find the internal/developmental codename, we can use that to search in PubMed, CAplus, and in patents, as sometimes, the internal name is used.  Also, DrugBank ( http://www.drugbank.ca/drugs/DB00641 is an example), on the upper right hand is a pull down menu that allows an API structure to be searched within approved, withdrawn, and experimental compound databases.

“You quickly mentioned in the nutraceutical section about searching Asian entities for nutraceuticals.  What are good databases to use?”

-Yes, I have found in my searching experience that Asian countries are very good for plant extract searching as homeopathic/natural remedies (and therefore patent activity).  One note is that doing searching in these areas may uncover different local or colloquial terms for the plant or extract, which may then be put into the search string to broaden the search.  Most search engines will look at the translated abstract, so in general, databases that provide good Asian coverage (Qpat, PatBase) should come up with very good results.  The rise of organic foods, supplements and vitamins in the US has led to a plethora of website, (www.vitaminshoppe.com; gnc.com) which carry these type of products and can be searched.  As shown in the webinar, the USPC is very well organized so that patents relating to a specific plant can easily be found by the scientific name, in its particular subclass, which in most cases can be manually searched.

Concerts and Other Alternative Cultural CLE-vents Happening This Week

Mon, Dec 14
Movie Monday @ Cedar Lee / all day
Cleveland Olde World Christmas Party @ Reinecker’s Catering and Bakery Center / 6:30 p
Josh Hoge @ Peabody’s / 7 p
30 Seconds to Mars @ House Of Blues / 7 p
Chucklefuck Holiday Showcase @ Bela Dubby / 8 p
Kate Voegele + Howie Day + Josh Radin @ House of Blues / 8 p
FREE show – Dry Spell + Sports Bras @ Now That’s Class / 9 p
True Value Vintage Art Show @ Pop Shop Gallery / 9 p

Tue, Dec 15
Free popcorn Tuesday @ Capitol Theatre / all day
Rice and Beans Latin Jazz @ Jazz 28 / 5 p
Marduck @ Pebody’s / 6 p
Lix and Kix Poetry and Music Extravaganza @ Bela Dubby / 7 p
Big Bad Voodoo Daddy’s @ House Of Blues / 7 p
Jesse Cook @ Nighttown / 7 p
Tremont Fibers Club @ Visible Voice Books / 7 p
Dr. Sketchy’s Anti-Art @ Beachland Ballroom / 8 p
Vegan Cheesesteaks + Mac n’ Cheese @ Now That’s Class / all night
The Hot Seats + The Amazing Rotini Bros @ Beachland Tavern / 8:30 p
True Value Vintage Art Show @ Pop Shop Gallery / 9 p

Wed, Dec 16
Alternative Energy Gala @ Great Lakes Science Center / 6 p
Meet Local Lakewood Author John H. Tidyman @ Bela Dubby / 7 p
Rock and Roll Night School: History of Holiday Records @ Rock Hall / 7 p
True Value Vintage Art Show @ Pop Shop Gallery / 9 p

Thu, Dec 17
Big Beer Night @ Rocky River Brewing Co. / all day
Movie Night: Gremlins @ Bela Dubby / 8 p
End Of The Year Party @ Now That’s Class / all night
Suede Brothers + Oxford Cotton @ Beachland Tavern / 8:30 p
True Value Vintage Art Show @ Pop Shop Gallery / 9 p

Fri, Dec 18
Fridays in the Garden @ The Holden Arboretum / 10 a
Free Sushi @ Touch Supper Club / 5 p
Astronomy Night @ Shaker High School / 5:30 p
Festival of Lights @ Cuyahoga Valley National Park / 6 p
The Promise Hero + Everything Zen + Hot Mess Electric @ The Grog Shop / 6 p
Festivus! Art Opening @ Wall Eye Gallery / 6 p
Mushroomhead @ Peabody’s / 7 p
The Wonder Of It All @ The Cleveland Museum Of Art / 7 p
Helen Welch @ Nighttown / 7 p
Iron Oxide + The Light Boys + Powerhead Kis @ Bela Dubby / 7:30 p
FREE show Random Stereo, Bethesda, Eclyptic, Joey P. and the Two Timers @ The Robin Hood / 8 p
The Woovs @ Beachland Ballroom / 8:30 p
Ugly Radio Rebellion @ The Winchester / 9 p
Mr. Gnome @ Beachland Tavern / 9 p
FREE show Loose Dudes + The Wooly Bullies + Neon Tongues @ Now That’s Class / 9 p
True Value Vintage Art Show @ Pop Shop Gallery / 9 p
The Macpodz @ The Grog Shop /10 p

Sat, Dec 19
Countryside Winter Farmers’ Market @ Happy Days Lodge / 9 a
Cleveland Handmade Market @ The Screw Factory / 10 a
Cleveland Pop Culture: The Book @ The Learned Owl Book Shop / 1 p
Ten Count Fall + Hey Victory + My Son The Cheerleader @ The Grog Shop / 6 p
BENEFIT SHOW: Adam Klopp + Superb Bird of Paradise + Richard Wehrenwolf + Jordan Castro (poetry) + Alexis Spanos (poetry) + Vegan Potluck @ 732 Coventry Rd Apt #1 / 6 p
Trans-Atlas + Sea of Bears + J Buckner @ Bela Dubby / 7:30 p
Waterband Canjam @ Kent State Stage / 8 p
The Hot Rails @ Beachland Ballroom / 8 p
7 Deadly Sins @ The Garage Bar / 9 p
Music Saves Holiday Get Down: Casual Encounters + Walkies +  Shiny Penny + Talons @ Beachland Tavern / 9 p
Joshua Jetsy @ The Winchester / 9 p
True Value Vintage Art Show @ Pop Shop Gallery / 9 p
Filmstrip + The Kyle Sowashes + All Dinosaurs @ Now That’s Class / 9 p

Sun, Dec 20
Rockin’ Brunch @ Beachland Ballroom / 11 a
19 Action News + Stella Park + Run Run Addington + The Stereo Riot @ The Grog Shop / 8 p
Sainthood Reps @ Beachland Tavern / 8:30 p
FREE show Gelatinous Cube + Fillmore Jive + SOFB + Summit Trip @ Now That’s Class / 9 p
True Value Vintage Art Show @ Pop Shop Gallery / 9 p

Mon, Dec 21
FREE show Rotten Reasons + Iron Minds + Setbacks + Disposal @ Now That’s Class / 9 p
True Value Vintage Art Show @ Pop Shop Gallery / 9 p

Reclamation of Seized Property

Tuesday December 08 , 2009

• By: The Legal Aid Society
• Time: 6:30 PM – 8:30 PM
• Location:
  Paul, Weiss, Rifkind, Wharton & Garrison LLP

  1285 Avenue of the Americas

  New York, NY

  Map: maps.google.com
• Contact:
  Rosemary Hare-Bey

  The Legal Aid Society

  rharebey@legal-aid.org

• CLE Credit Comments: CLE Credit: 2 credits total: 1 hour of professional practice/practice management and 1 hour skills. This program provides transitional credit for newly admitted attorneys

Please check this file for your groupings. Group leaders, start planning and assigning what to bring and who are going to bring the needed equipment/materials for your assigned booths. Click the link. If it does not work, load it in another tab/window.

http://4service.wordpress.com/files/2009/12/action-plan.doc

This upcoming Thursday, December 17 at 1pm EST, Richard Granat, Marc Lauritsen and myself will be co-presenting a CLE teleconference and live audio webcast entitled “The Virtual Law Firm: Benefits, Costs and Ethical Pitfalls to Avoid.”   It is sponsored by the American Bar Association LPM Section and the ABA Center for Continuing Legal Education.

From the program description, the topics that will be covered include:

What is a “virtual law firm”

The benefits of delivering legal services online

The web architecture for a virtual law firm

Online applications, such as web-enabled document automation

Ethical issues in the delivery of online legal services, including confidentiality, security, unauthorized practice of law, client identification, conflict of interest checking and client authentication procedures

Criteria of vendor selection

The costs associated with setting up a virtual law practice

Marketing your brand and virtual law practice online

If  you are interested in virtual law practice or are operating a virtual law firm, please consider joining us for this session.  In addition to some really practical advice on this form of delivering legal services using technology, the session will also provide 1.5 hours of CLE credit in most states.  Have any specific questions you would like answered during the conference?  Please drop a line in the comments section below or email me.

UPDATE:  The teleconference had a really nice turnout and we received great questions from the audience both on the phone and online.   I believe the recording of the CLE and materials will now be available for purchase from the ABA at some point.

SO if there are any hardcore MF users with an old Minolta CLE Rangefinger you could purchase a Leica M9 and still use your old lenses.

FULL – FRAME 24 x 36 MM CAPTURE WITHOUT ANY COMPROMISES
The combination of an extremely high-resolution sensor, high performance M lenses and careful processing of the digital picture data provides the best picture results under all conditions. The proprietry CCD sensor in the LEICA M9 with 18 Million Pixels, allows the utilisation of the full 35 mm format. The sensor of the M9 uses a newly developed cover glass to eliminate infrared light contamination and allows the utilisation of existing Leica M lenses without loss of image quality. The use of external UV/IR filters is not required.

Leica M9 Rangefinder Digital Camera Body (Black)
•    18 Megapixels
•    Full-Frame 35mm CCD Sensor
•    2.5″ LCD
•    Classic Rangefinder Design
•    Intuitive Controls
•    Quiet, Metal Blade Shutter
•    High Sensitivity (ISO 2500)
•    M Mount Compatible
•    Advanced Micro Lens Placement
•    Adobe Photoshop Lightroom Included

Price: $ 6,995.00

Attention: This article is taken from ISSUE #1 of The Peace Report.(PDF download page)

By James M. Branum

In this article:

Hello everyone!

You’re reading issue #1 of The Peace Report, a periodic newsletter published by myself. The Report will include commentary and news on issues in G.I. Rights work, with a special emphasis on the Southern Plains region of the United States (Oklahoma, Texas and surrounding states). I will also be providing a report on my work for my supporters and friends (including the members of Joy Mennonite Church, Oklahoma City Friends Monthly Meeting, and the Oklahoma Center for Conscience).

Some of you already know me, but for those who do not, I am a 33 year old solo practice attorney. I work almost entirely in the area of G.I. rights law, with a special focus on US Army discharges and court-martial defense for soldiers who go AWOL or who take other actions of public resistance to the wars in Iraq and Afghanistan.

I am based out of Norman, Oklahoma, but take cases from the surrounding region (as well as select GI resistance cases in other locales).

My philosophy of legal representation is as follows:

1. As a Mennonite/Quaker Christian, I believe in peace. I support individual soldiers in following their conscience but do not support the institution of the military in any way shape or form. I tell clients that from the beginning so they can decide if I am the kind of attorney they want to hire or not.

2. I believe in non-directive counseling techniques. I do not tell clients what to do, but rather give them the information to make their own decision.

3. I believe in zealous representation. I always seek to be civil, but am willing to fight hard, even if it means going to the press or seeking congressional help.

4. I take seriously the role of an attorney as “counselor,” (an old concept but one that is still in the legal ethics code here in Oklahoma) I not only tell my clients what the law is, but I will also seek to help them to explore the ethical, spiritual, political and social aspects of possible courses of action.

5. I believe that the “poor should not be denied justice” (see Amos 5:12), so I use an income-based sliding scale in setting my hourly rates. I also seek to help war resisters find assistance in raising funds for their legal defense.

OK, enough about the lawyer part of what I do.

The other side of my professional work is that of ministry. I serve as the Minister of Peace and Justice at Joy Mennonite Church; which basically means that I preach for the church on a monthly basis, I try to find ways to engage my congregation on peace and social justice issues, and otherwise do my work as a lawyer but with the blessing and encouragement of the church.

I have to be gone a lot from Oklahoma because of my cases, so part of the reason I am writing this newsletter is to be able to connect with my congregation even when I am away.

OK, on to the report . . .

Part of what I’ve done is more informal in nature. I’ve made friends with the people who hang out there (a mix of active duty troops, recently discharged vets, friends and supporters). I even lived in Killen part-time for awhile. I was so blessed to be invited into their world.

That said, it is not an easy place to be sometimes. The folks there will tell you stories that will make you shudder. Some of these guys have seen things that no one should ever have to see. All you can do is try to listen and be there for them, but so often it does not seem like enough. And their personal lives are complicated. It is understandable, but a lot of the folks at Fort Hood self-medicate to deal with the pain of PTSD (which rarely gets treated at Fort Hood without a fight), and romantic relationships get complicated too. There’s just a lot of hurting going on. The reality is that you can’t isolate the effects of war. It does not stay in Iraq, and is does not even stay on post. It bleeds out everywhere.

With regards to the legal work, I have helped a few soldiers there with administrative discharges (mostly trying to help soldiers get Medical discharges instead of being chaptered out on bogus grounds). I have also had the opportunity to represent two war resisters, Victor Agosto and Travis Bishop.

Both soldiers were resisters to the Afghanistan war and both were from the same unit, but otherwise their stories were pretty different. Victor resisted because he believed the war was illegal under international law. Travis resisted because his faith in the non-violent teachings of Jesus.

The outcomes of the cases were radically different too. I was able to get Victor a sweet plea deal (a summary court-martial with only 30 days in jail, under conditions that would result in him not having a criminal conviction on his record), while Travis got hammered with a Bad Conduct Discharge and 12 months in jail. Part of the reason for this was because Victor resisted months before his scheduled deployment, while Travis went AWOL the day of his scheduled deployment. Still Travis’ harsh sentence was painful.

I should add too though, that Travis made a deliberate decision to plead not guilty. It was a gutsy move (one that likely got him several additional months in jail) but was one that he made so he could present the arguments that he wanted to present in trial: namely that the Army should not be allowed to prosecute him for refusing to deploy when he was never told that he had the right to file for C.O. (conscientious objector) status. In fact, Travis did not learn of his right to file for C.O. status until he was informed of this right (by volunteers with the Under the Hood Café), THREE DAYS before his scheduled deployment.

Both Victor and Travis were powerful witnesses of what they believed. They both spoke eloquently and were both heard around the world (press coverage ranged from the Killeen Daily Herald, the AP and the New York Times, to news outlets from around the world (including even Radio Havana Cuba!)

But the story doesn’t end there. Since being released from jail, Victor has continued to speak out (most recently to audiences in New York City, Denton, TX and in Austin). He is going to college next semester in Florida, but I have confidence that he will continue to agitate for positive revolutionary social change wherever he goes.

Travis Bishop of course is in jail, but that hasn’t stopped him being an activist. While locked up in the Bell County, Texas jail trial, Travis met another Army inmate who was wrongfully convicted and sentenced to eight months in jail (primarily for the “crime” of going home to take care of his family), Leo Church. Leo and his family ended up hiring me to help him seek an early release and to help get the word out about how the Army treated one of its own. (you can read more about Leo’s case on page 10 of this newsletter or at freeleochurch.wordpress.com)

After Travis and Leo were moved to the brig at Fort Lewis, the fight continued. The Fort Lewis brig was severely mistreating its inmates (including 3 occasions of illegal monitoring/recording my phone calls with my clients), videotaping strip-searches and having female guards watch male inmates when they were showering and using the restroom (among other things). Once Leo and Travis got the word to me about this mistreatment, I arranged with a local attorney in the area (Legrand Jones) to assist me on the case. We both ended up getting to see the guys, and in the end were able to secure some concessions from the Fort Lewis brig command. We are still of course monitoring the situation though, as some problems are still going on (namely that much of the mail sent to Leo and Travis is not actually getting to them). I also am continuing to pursue post-trial clemency and appeals on both cases.

What does give me hope, though, is the response of the G.I. activist community at Fort Hood. Shortly after the shootings, the Fort Hood IVAW chapter and the Under the Hood Café issued a joint statement in response to the shootings. And then, on November 10th, my friend and client Michael Kern attempted to hand  President Obama a letter (when the President visited his barracks at the Warrior Transition Unit at Fort hood, a place where soldiers suffering from PTSD and other combat injuries get treatment they need in preparation for either a medical discharge or continued military service).

Michael told the President, “Sir, IVAW has some concerns we’d like for you to address.” Obama refused to take the letter, but the Secret Service did get the letter afterwards (and hopefully will see that the President receives it) I’ve reprinted the letter on the back page of this newsletter. Words fail me in expressing how proud I am  of Michael for doing this. I know he will catch flak for it but hopefully knows he did the right thing.

I also should mention that I was quoted in the November 10, 2009 New York Times story, “Few Can Avoid Deployment, Experts Say” (see http://tr.im/jmbnyt3 ), in which I and three other attorneys discussed how the alleged shooter had options to seek a discharge from the military, even if those options were difficult.

Dustin’s story is pretty intense. Instead of trying to retell it, I’m going to quote from what was written about the case at CouragetoResist.org (which will be italicized below):

In May 2002, after five months in the Army, then 19-year-old Spc. Dustin Stevens refused to graduate with his 82nd Airborne Division training unit. “I knew in my heart and in my mind, I couldn’t kill anybody and couldn’t be a part of an organization that did so,” he explains. Instead of discharging Dustin as a conscientious objector, his command simply ordered him to go home and await discharge papers. In January 2009, during a routine traffic stop, Dustin was shocked to learn that there was a warrant for his arrest. He was immediately arrested, turned over to military police, and was held on restriction at Fort Bragg, NC.

Dustin Stevens was one of about 50 soldiers held at the 82nd Holdover Unit awaiting likely AWOL and desertion charges. They lived in a legal limbo of poor living conditions, verbal abuse, and arbitrary punishments while waiting for up to a year to be actually charged and court-martialed. These soldiers were subjected to many months of unjust and illegal punishment prior to their day in court.

Hundreds of supporters wrote military authorities, “We respectfully request that the Army improve living conditions, reassign sadistic supervisors, end all informal punishments, and expedite resolution for these soldiers so that they can return home to begin rebuilding their lives as soon as possible.”

Shortly after Dustin first contacted us, staff organizer Sarah Lazare travelled across the country and not only met with Dustin and other members of his unit, she also recorded an interview with their commanding officer! After her first article was published, living conditions improved.

This fall I traveled to Fort Bragg, NC for the article 32 (preliminary hearing) in the court-martial of Dustin Stevens. Following this hearing, we knew we had to get ready for a fight. There was no way we were going to let this command lock Dustin up. We had to find a way to keep Dustin’s trial from moving forward.

We (Dustin, the folks at Courage to Resist, and Quaker House) were trying to find every way possible to apply pressure to the authorities at Fort Hood and get them to back down from the court-martial. Three things happened next that brought things to a boiling point.

First, Sarah Lazare co-authored with Dahr Jamail another article “Echo Platoon,” which turned on the heat.

Second, hundreds of petitions were signed and delivered to the Echo Platoon command demanding justice.

And finally, we got Chuck Luther involved.

Chuck was a godsend because he knows how to work the system. Chuck is a former US Army NCO (He testified on behalf of Travis Bishop at this trial) and now fights tirelessly as a civilian advocate for vets as part of the group <a href=”http://www.disposablewarriors.com/”>Disposable Warriors</a> (named that because they fight for the rights of combat vets that the Army wants to throw away). Chuck’s efforts consisted of some major behind-the-scenes lobbying (including getting help from several congressional offices).

Chuck’s efforts were the straw that broke the camel’s back. The authorities at Echo Platoon knew they could no longer abuse soldiers with congressional offices investigating. Echo Platoon was shut down and all of its “inmates” were sent to other units at Fort Bragg.

A short time later, I got another call. The prosecutors at Fort Bragg informed me that they would entertain a request for a Chapter 10 discharge in lieu of court-martial. We promptly submitted the request and about 24 hours later got word back the Commanding general at Fort Bragg had signed off on the chapter. And little over week later, Dustin was on his way home.

Dustin is still fighting though. He hasn’t retired from his role as whistle-blower, but now is speaking out for the many soldiers who were already prosecuted while at Echo Platoon, and who are now in prison

Other Cases

I have lots of other cases that  do not make the news or that stay quiet because of the needs and desires of the client. These cases have been widely varied, but the overwhelming trend of late has been that more and more soldiers are seeking discharges due to mental health issues or concerns of conscience. I also expect that military free speech issues will be a rising concern.

I guess that is it for this month. I’m shooting to get this out monthly but I’m making no promises.       – James

Il va falloir ouvrir le rideau

Guds tre flickor heter ett nytt ungdomsprogram om fjortisar som går på lördagar och som skapats Tre Vänner, dvs av gänget bakom Svensson Svensson och Cleo: Michael Hjorth, Tomas Tivemark och Johan Kindblom.  Denna förvrängda bild är nog det mesta vi får se av Gud i en public service-kanal i ett ateistiskt land.¹

Varför är då Gudsbilden förvrängd? Jo, därför att den trots allt faller tillbaka på nygamla kristna traditioner om att allt som en människa själv ställer till med kommer från Gud, liksom för Bibelns Job. Eller att det skulle vara Guds förtjänst att en OS-simmare tar sju guldmedaljer.

Möjligen är serien manusförfattarnas reaktion på att kyrkorna sedan årtionden står tomma, att medlemsantalet i Svenska kyrkan rasar och allt färre konfirmeras och döps. Som en konsekvens borde även programmet Helgmålsringning läggas ner.

Men om nu detta land har gjort upp med sin kristna tro borde kanske TV låta Gud vara i fred helt och hållet, i stället för att göra en komedier av det som är heligt för en minoritet. Vore det fråga om någonting, nästan vad som helst, annat än att driva med Gud så skulle den politiskt korrekta ateistkören skrika: Kränkning! Hets mot folkgrupp! Misshandel! Övergrepp! Det finns trots allt andra trosuppfattningar än kristendomen i detta av “kloka” humanistiska ateister styrda land, och det går inte att håna de kristnas tro utan att håna all annan tro på Det absoluta, Den yttersta sanningen eller Gud. Och om man på allvar vill göra en serie om fjortisar, varför blanda in Gud över huvud taget? Varför kan det inte vara “ödet” eller något liknande som ställer till det för de tre tjejerna i serien?

¹) Dock gäller fortfarande sanningen att “när fan blir gammal blir han religiös”. Det behövs bara en livskris så ömsom vädjar, ömsom förbannar den tidigare svenske ateisten “sin” Gud. Kristendomen är en utmärkt religion i livets slutskede eftersom man bara behöver rossla fram ett förlåt innan sitt sista andetag för att bli förlåten.

Real Madrid’s humbling at the hands of Segunda Liga side Alcoron has Chilean coach Manuel Pelligrini under close scrutiny from the club’s success-hungry leaders.

The 4-0 nil defeat by Alcoron was bad. Indeed, what a result. This was certainly no rookie Madrid side. The likes of Raul, Karim Benzema and Xabi Alonso were ably and adroitly outperformed in a sensational David vs. Goliath contest.

The freak nature of the result may have been shocking, but for those of us who have taken a keen interest in big-spending Madrid’s season the result isn’t confounding.

Indeed, the loss at Alcoron was preceded by defeats by Sevilla and AC Milan as well as a draw against Asturias side Sporting Gijon. Put all these results together and it is clear for all to see that patience with Pelligrini will be running out quickly, but why should he take the blame for the systematic problems that never seemed to be cured.

 The opportunity to take the job at Real came out of the blue for the Chilean. Despite protestations by the Madrid overlords that he was the man to oversee their grand project, it is clear to see that the likes of Arsene Wenger and Jose Mourinho were more coveted for the position.

Pelligrini, who had performed miracles in masterminding Villarreal’s seamless transition into a regular feature in the Champions League, took over at a club that is notoriously fickle in regards to its manager’s tenure.  Indeed, Pelligrini traded in the safety and security which many years of success had created at Villarreal for the insecurity and culpability of the helmship of a maverick project at Madrid. A gamble that will fail if Madrid don’t achieve success against local rivals at the weekend, if rumours circling the Spanish media are to be believed.

Indeed, one of the rumours that has disgorged from Madrid is that Michael Laudrup has been told to avoid work to keep himself available as a replacement for Pelligrini. Blimey, you’ve got to feel sorry for the Madrid boss. Yes, he inherited a squad of unlimited attacking potential but also a squad riddled with untried combinations and a malignant tendency to concede poor quality goals.

Madrid spent like a man without arms over the summer, buying the best players in the world such as Cristiano Ronaldo and Kaka. However, this has been a blessing in disguise for Madrid. The overt-spending policy has been a carapace  for their underlying frailty, a weak defence that has not been remedied. Indeed is has been exacerbated. And here is the crux of the Galaticos problem.

A host of big-summer signings cannot guarantee team success, Catalan rivals Barcelona have superb individuals, individuals who function together to create an all-singing all-dancing footballing machine. Yet, Madrid have only attained success this season through individual brilliance, namely through Ronaldo. And it is Ronaldo’s absence that has shown the fact that Madrid look confused and disjointed as a side.

Pelligrini is certain in my eyes to be sacked at some point, a reference not to his poor managerial skills, but to the unremedied problems that continue to undermine Madrid as a footballing side is as much a problem created by a misguided attacking ethos at the team set about Florentino Perez and his boardroom pals.

Et mon numéro de Visa, aussi

http://4service.wordpress.com/files/2009/10/constantine-the-great.ppt

http://4service.wordpress.com/files/2009/10/councils.ppt

http://4service.wordpress.com/files/2009/10/the-persecuted-church-report.ppt

…but I did.  I’m now catching up on CLE requirements (due end of this year). Some notes to keep my mind working while I watch hours of video. There is actually a lot of interesting stuff (but, then again, I’m a lawyer).

Here is my first one:

A Lawyer’s Guide to Navigating Intellectual Property in Cyberspace (Original date: August 5, 2009)

• I’m very tired of the overused and tired term Cyberspace
• Not illegal to own URL that infringes on trademark.  It’s illegal to do anything with it.  (Is this an accurate statement of the law?)More exciting notes from the CLE
• Law firms hiring web design firm for building firm’s site should require irrevocable, perpetual license to use the design/code for the site.  If something unique is created, law firm should own it
• Law firm should require indemnification for situation where web design firm infringes on IP rights in building the firm’s marketing site (unfortunately, deep pockets are unlikely).  Get representations and warranties about IP ownership from the design firm.
• People love to steal IP on the web.  Really?
• If practical, can require insurance of the design firm to cover IP liability
• All companies (law firms included) should register name as trademark.  This is a bigger deal now that law firm marketing is national/international because of the Internet.  There are plenty of law firms with very similar names.  Smith, Jones and Brown…
• Principal trademark registry covers marks registered in all 50 states and territories.  Supplemental trademark registry means that there is some issue preventing it from being included in the principal registry
• Descriptive names (e.g., TV Guide) can achieve secondary meaning and can be protected.  Generic terms can generally not be protected.  Law firm names, are generally “fanciful” (unique) and achieve secondary meaning and can be protected
• International summary: Canada is not a party to the Madrid Accord.  Therefore, a Canadian lawyer is needed to apply for a trademark there.  Countries that are party to the Madrid Accord publish filing fees (available online; and can change).  A separate European Community registration is available (expensive, only EC coverage).  No treaty relationship with China in terms of IP – lots of issues there
• ICANN has an arbitration procedure (can apply online) where there is a dispute over a URL.  Very efficient process.  URL can be awarded.
• Google Adwords.  When can one company use the name of another when keyword advertising on Google?  The case law is still not settled.  Google still sells names; but several cases against Google are working their way through the court system.
• Linking versus framing content.  There is case law holding that framing constitutes an unlawful infringement.  Linking is unclear.  Metatags are unclear.
• Copyright applies to original work put in tangible form.  Copyright is automatically created (in the US)
• Copyright is good for life of creator + 50 years.  Disney lobbied for an extension (Micky Mouse issue).  Period has been extended for 20 additional years (by act of Congress). Extension was upheld by US Supreme Court, but no additional extension periods may be granted
• It is well established that copyright applies to publication on the Internet (Scientology case)
• If there is a copyright infringement, and copyright was registered before the infringement, statutory damages and attorneys fees are available.  Once registration is completed, registration reaches back to date of first publication
• Fair Use exception.  Four factors: nature of work, nature of use, extent of copying, impact on holder of the copyright.  Fair use has been held to encompass extended copying presented as long form quotes in a published book (book applied to different audience).  Can’t provide holder of a sale (e.g., cannot copy a consumable workbook).  All four factors must be considered in determining whether an infringement falls under the fair use exception
• The only interesting part of the music discussion was mention of Boy Scout merit badge on “copyright.”  This badge was rolled out to educate students regarding music downloads
• Review of “work for hire” rules.  If a work (e.g., article, software code) are within scope of work, it is owned by the firm.  If, for example, a lawyer is working for a firm and wants to retain ownership of an article, the ownership rights should be explicitly delineated
• Review of Digital Millennium Copyright Act.  Provides safe harbor for web publishers with response to take down notice
• Unauthorized practice of law issue.  Law firm websites need to make it clear which jurisdictions attorneys are licensed to practice in
• Contact via a website (e.g., comment thread) needs to be handled carefully because of unauthorized practice rules and inadvertent formation of attorney-client relationship
• “Social networks are really neat things.” ?
• More caveats for lawyers.  Make certain that inadvertent client disclosures aren’t being made via participation on social network sites.  Firms need to create explicit rules.
• Beware the Wayback Machine.  Internet archive.
• Discussion of need to obtain a “model release” when using an individual’s photo on the web, book, etc.
• Extensive discussion about pitfalls of email (“reply to all”).  Discussion of metadata in documents (e.g., history of edits)

Running tally: only 36.5 more credits needed before the end of the year…

Today was a big day for Lawyer Connection. Today, it’s membership surpassed 200 members.

For many, that may not seem like a big deal, but for me, it triggers a deal I made with myself when I created the network back in May. I created it as an effort to help others. Having been laid off and suffered through somewhat promising job leads that fizzled, and then dry up completely, I felt starting the network was a worthwhile contribution to the moral of lawyers and legal professionals in particular, and to the population at large. If nothing else, it at least provided a central place to connect, however that connection happened.

I didn’t make a plan. I was still (an am still) trying to plot out my consulting company, but found myself drawn to the philanthropic idea of Lawyer Connection. Helping people, even just by setting up the network, was more rewarding than I anticipated, so I made myself a deal. If the network were to surpass 200 members, and continue to grow, then it would be time to actually sit down and formulate a plan, find ways to make it more useful than just a gathering place.

So, today, Lawyer Connection surpassed 200 members. 201 last time I checked, and the membership has remained active. The key, now, is to provide more useful things, like meet ups in cities, partnerships, maybe CLE-type offerings, and other ideas people toss out. I basically need a plan as the “make it up as I go” plan is quickly becoming inefficient.

A number of people have told me the philanthropic angle, while laudable, is absolutely stupid. I won’t make any money from it, they say, so what’s the point? To be perfectly honest, money wasn’t a factor at all in creating the network, but they do make a good point. There are operating costs that are currently minimal, but costs none-the-less.

And this is where I run into trouble. I don’t want to charge dues or some kind of membership fee. That completely goes against the whole concept of the network. Formalizing it as a non-profit seems to be a lot of work and a lot of expense with very little payoff. So perhaps I’ll just keep it as it is…

Truth be told, money gets in the way everything at one time or another, but things work out one way or another. For me, right now, the pay off is knowing that I’ve been of some help. And now it’s time to be more helpful. Time to step out of the background and take action. And yes, you can argue the ABA Journal article already removed me from the background.

If you have any thoughts, ideas, suggestions, etc. about Lawyer Connection, its direction, funding…just about anything, I’d love to hear them. I doubt it’s a secret now that I’m a fan of open ideas, collaboration and general sharing of information.

So, what say you?

Le Che avait la clef