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Legal Commentary

LawPundit

Covers Constitutional and Intellectual Property (copyrights, patents, trademarks) Law, Information Technology, Telecommunications, Internet and New Media, and business-related legal issues from a American and European perspective. Sports (especially college football), Lifestyle (especially the wine business), and Ancient History (especially Legal History)-- all from a broadly defined legal and evidentiary point of view-- round out the picture.
By Andis Kaulins

Post Frequency: 5.6/day

Last Entry: October 15, 2020 at 17:20:01

Anonymous Heinous Postings Directed at Two Female Yale Law School Students Lead to Revelation of Poster Identities : Free Speech Law in Need of Change

Posted on August 10, 2008
This posting follows on the heels of our previous posting about the closing of the Patry Copyright Blog.One of our pet peeves on the Internet is anonymous posting. It is one of the main reasons that we do not allow comments to this blog - due to negative experience in doing so previously - because we do not have the time to filter out spam or comment garbage by anonymous posters...

Mobile Phone Functionality Added to LawPundit (in the USA only)

Posted on August 10, 2008
Using MoFuse (Mobile Fusion) we have "mobilized" LawPundit so that our postings can be received by mobile phones, also iPhone (thus far, however, only in the USA). Mobile phone users in America can now view the mobile phone version of LawPundit by entering their MOBILE phone number in the appropriate box in the left column of this blog and sending it off...

William Patry Copyright Blog Gone With the Wind

Posted on August 10, 2008
Here today, gone tomorrow.William Patry is closing down his copyright blog, the Patry Copyright Blog, for reasons expressed in his posting End of the Blog, which we summarize and comment below:1. False identification of the Patry Copyright Blog with Google, plus crazies among the commenters...

Preseason College Football Ratings Rankings and Previews for the 2008 / 2009 Season

Posted on August 01, 2008
Can you believe, pink and black? Those were the original colors chosen unanimously as the school colors of ... the mighty Penn State Nittany Lions, who now of course sport blue and white. The University of Washington colors of purple and gold trace back to a poem by Lord Byron titled Destruction of Sennacherib...

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New Search Engine Cuil's Premiere Violates the First Rule of Startup Show Business : Don't Go On Stage Until You are Ready

Posted on July 30, 2008
Cuil is a new search engine startup which had a faltering premiere online on Monday, July 28, 2008. The startup, headed by some search-savvy former employees of Google and backed up by a great deal of startup capital, began with a great deal of fanfare, but fell flat on its face out of the starting blocks...

Punitive Damages Law : Award Against Exxon Valdez Slashed by US Supreme Court, Pointing to Possible Constitutional Limit to Exemplary Damages

Posted on July 27, 2008
In the aftermath of Phillip Morris USA v. Williams, we posted that the writing was clearly on the wall to the effect that punitive damages had "peaked out" in American law.That conclusion was strongly supported in the US Supreme Court's recent decision in the Exxon Valdez punitive damages case, Exxon Shipping Co...

Barack Obama in Berlin, Germany, July, 2008 Speaks to "the Berliner"

Posted on July 24, 2008
Click here to go to the video and/or text of Barack Obama's speech in Berlin, in which he spoke, to gigantic throng of maybe about 200,000 people, mostly Berliner, and stated inter alia as follows:"Thank you to the citizens of Berlin and to the people of Germany...

Real Estate : The Zindex and Zestimates at Zillow Provide Nationwide Home Valuations at Estimated Market Value by Geographic Location

Posted on July 23, 2008
The Real Estate market is in a turbulent period, but modern online information helps to manage the situation. Take a look at the website Zillow.Zillow provides nationwide maps and listings of real estate, including residential property valuations.Zillow's Zestimate � is their home valuation using Zillow's estimated market value...

Readers of LawPundit : Hacienda Heights, California : Location of the Hsi Lai Temple : Buddhism and Chinese Culture

Posted on July 21, 2008
We recently had a visitor at LawPundit from Hacienda Heights, an unusual unincorporated census-designated place in Los Angeles County, which is definitely one of the most interesting communities in the State of California, if not the entire United States...

Facebook Sues German Social Website StudiVZ (Studienverzeichnis, Studentenverzeicnis, "Students Directory") for Intellectual Property Infringement

Posted on July 21, 2008
Facebook, which has not been successful in establishing itself on the German market for online social networking, has in California federal court filed an intellectual property law suit against the leading German-language (Germany, Austria, Switzerland) social networking website StudiVZ (Studienverzeichnis, Studentenverzeichnis, i...

The Up Side of the American Flag : "for the most part, for over 200 years, we've gotten it right"

Posted on July 20, 2008
We ran across this blog and this piece of thought and we thought it was good, so we are sharing it with our readers, who might otherwise think that we are too critical of America:Some thoughts on the US of A from momchick at Livin' My Life Like It's Golden:"Now back to my flag...

The Morphology of Legal Reality : Form and Structure in a 4% Physical World Suggest Deeper Forces as Roots for the Rule of Law

Posted on July 20, 2008
Our previous posting on Law, Physics, Legal Theory, Cosmology, Fine-Tuning and the "Useful Parameterization of Ignorance" may at first glance appear to be a rather distanced comparison of two fully disparate conceptual worlds, but in fact our fully justifiable juxtaposition of cosmology and legal theory points inexorably to a much deeper level hidden in the morphology of legal reality...

Oil and Gas Prices, Nancy Pelosi (House Speaker) and The Strategic Petroleum Reserve, Energy in the USA and Europe, 2008 Truck, Auto and SUV Sales

Posted on July 20, 2008
We were just watching a CNN interview with US House Speaker, Nancy Pelosi, in which she again advocated opening up the US Strategic Petroleum Reserve to deal with the US energy problems created by the soaring price of oil and gas.Although our political direction is a centrist one, and even though we support Barack Obama in the current Presidential Election campaign, we can only shake our head at the stunningly bad judgment demonstrated by the Pelosi proposal, and we must side with Michelle Malkin on this gaseous issue...

The Law of King Athelstan of England Revisited : Some Wide Speculations about Prehistoric Megalithic Culture

Posted on July 19, 2008
This crossposting from the LexiLine group is in part a revisitation of the Law of King Athelstan of England about which we posted previously at LawPundit and is intended only for those of our readers who are interested in some relatively wide speculations about prehistoric megalithic era...

Greg "The Shark" Norman Leads the British Open at the Royal Birkdale Going into the Final Round

Posted on July 19, 2008
Tiger Who?How can we not write about this?Just when everyone thought that the professional golfing world was going to fall into a deep abyss because of the sudden prolonged absence of Tiger Woods due to a knee operation, a 53-year-old former Number One world golfer has resurfaced with a vengeance and brought an excitement to golf that no one would have thought possible just a few days ago...

Famed Country Lawyer Gerry Spence Starts a Blawg

Posted on July 19, 2008
Famed country lawyer Gerry Spence (see our previous posting about him) started a blawg a few days ago which has already drawn a good deal of comment from the blogosphere.Take a look at his first blog posting, May we get together?

The American Lawyer 2008 A-List of Top 20 US Law Firms based on Revenue per Lawyer, Pro Bono Work, Associate Satisfaction & Diversity Representation

Posted on July 19, 2008
Looking for The American Lawyer 2008 A-List of the top 20 US Law Firms? The prestigious list is created by ranking 4 criteria: revenue per lawyer, pro bono work, associate satisfaction and diversity representation - with revenue per lawyer and pro bono scores counting double...

Moses, Exodus, 10 Plagues of Egypt & Ipuwer Papyrus : A Question of Evidence : Errors in the Chronology of the Ancient Near East, Egypt & the Bible

Posted on July 19, 2008
People trained in the law have regrettably left the formulation of ancient history to disciplines not trained in evidence, and the current chaos in Biblical and ancient chronology is the pre-programmed result, giving us an erroneous history which has resulted in catastrophic consequences for current-day events in the Middle and Near East...

A Shambolic Woolly Paper : Baroness Murphy at Lords of the Blog Draws a Bead on Lord Chancellor Jack Straw and his Proposals for Lords Reform

Posted on July 19, 2008
Imagine if someone called one of your written projects "shambolic".What would it mean?Baroness Murphy of the UK House of Lords at Lords of the Blog in her posting Laws are Like Sausages? did just that a few days ago to Jack Straw, Lord Chancellor and Secretary of State for Justice, calling his White Paper proposals for Lords reform "a shambolic woolly paper"...

Do You Scrobble? Next Generation Makeover at Social Music Website Last.fm

Posted on July 18, 2008
Do you scrobble?"Scrobbling a song means that when you listen to it, the name of the song is sent to Last.fm and added to your music profile.Once you've signed up and downloaded Last.fm, you can scrobble songs you listen to on your computer or iPod automatically...

Satire and Parody in the US Presidential Campaign 2008

Posted on July 17, 2008
Shakespeare depicted life as either comedy or tragedy.Barack Obama, for example, has recently been the subject of a satirical cover at The New Yorker magazine. Laugh or cry.In case you are not familiar with it through Jay Leno, the website JibJab.com has some videos which parody various subjects, including the US Presidential Campaign:It is all a matter of taste (or not), but see Time for Some Campaignin' by JibJab...

The Science of Nudging and Why Barack Obama Might Be Elected President of the United States : Improving Decisions About Health, Wealth, and Happiness

Posted on July 16, 2008
Who will win the US Presidential Election in 2008?Behavioural economics might tell us.According to its theories, the election might then well go to the candidate who best masters "the science of nudging", and at the moment that candidate might well be Barack Obama, whose vision of change is what a behavioural economist might call an exercise in "choice architecture" - a classic nudge...

US Foreign Policy under President Obama : Senator Barack Obama's July 15, 2008 Speech Outlines his New Strategy for the United States and a New World

Posted on July 16, 2008
Barack Obama has just delivered a major speech, setting forth his major foreign policy strategies for his campaign battle against John McCain in the 2008 US Presidential Election.Obama's speech is found online at Senator Barack Obama?s New Strategy for a New World, where it is available both in a video as well as a print version...

Choosing the Right Law School: What About Golf ? Equal on the Tee : US Supreme Court Chief Justice Roberts, Golf Pro Tiger Woods and Golfist Mike Park

Posted on July 15, 2008
The Golf Digest College Guide to Golf 2007-2008 ranks Stanford University at Number 1 for golf. We definitely agree. Stanford's championship course was one of the variables which in part determined our own choice of law school out of ten possibilities a number of years ago...

America.gov Tells America's Story : The Palestinian-Israeli Conflict

Posted on July 15, 2008
America.gov is a useful website produced by the Bureau of International Information Programs, U.S. Department of State, and covers important aspects of U.S. foreign policy and American life and culture.Of interest for our international readership is the section on Democracy Around the World, including the accompanying blog, Democracy Roundtable, by moderator Bridget Hunter...

Make Love Not War : The Barcelona Process : The Union for the Mediterranean (UfM) is Approved at the Paris Summit

Posted on July 14, 2008
Here is an interesting geopolitical question. What country in Africa, NOT located on the Mediterranean, is a part of the just approved Union for the Mediterranean (UfM)? See UfM map. This country is geographically larger than either France, Germany or Spain, more than twice as large geographically as Iraq, nearly six times the geographic size of Syria, and also larger geographically than either Egypt or Turkey...

Net Neutrality a Rising Issue as FCC warns Comcast About File Exchange Restrictions placed on Web Use by Paying Customers

Posted on July 12, 2008
Net neutrality encompasses the idea that providers of Internet access services should not be able to place any discriminatory restrictions on web use by their users.The issue in the instant case is a ComCast practice of restricting BitTorrent file exchanges without even informing the affected users as to the nature and extent of the practice...

Ross Perot Returns Indirectly to the Political Scene with Perot Charts Charting Government Fiscal Irresponsibility

Posted on June 15, 2008
Did you know that in the United States "in the last four years total tax collections have risen at the fastest pace in the past 40 years...." That is one of the surprising statistics presented at the newly created (starting June 15, 2008) website Perot Charts...

COST and not CHANGE should be the Key Word for the 2008 US Presidential Election

Posted on June 14, 2008
A March 6, 2008 SurveyUSA survey of an Obama-McCain Presidential election match-up shows McCain winning 26 States and 258 electoral votes, with Obama winning a fewer 24 States but 280 electoral votes, enough for election. Since a number of States are very close calls, the race at the moment is surely a toss-up...

Law, Physics, Legal Theory, Cosmology, Fine-Tuning and the "Useful Parameterization of Ignorance"

Posted on June 12, 2008
"What is Law?" and to what degree does "Law" by nature approximate the intricate system of fine-tuning required for the Einstein-based Lambda-CDM (?CDM) model of cosmology to work as predicted?Most people think that they know what "Law" is - nearly - but perhaps we know less than we think about this intricate virtually self-adjusting societal mechanism, which seems to have a dark energy soul of its own...

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