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Saturday, September 15, 2007

Legal Blog Watch

Legal Blog Watch

In Monday's NLJ: Few Women Go Solo

Women lawyers prefer to fly in flocks, suggests the headline from an article to appear Monday in The National Law Journal, Women Choosing Not to Fly Solo. Writer Leigh Jones reports on a massive, decade-long study tracking the careers of 4,500 lawyers. Of the lawyers in the study who went solo, just a third were women.

This seems counterintuitive to the notion that a solo practice can be more family friendly than working at a larger firm. As my Legal Blog Watch co-author Carolyn Elefant puts it at her MyShingle blog: "You'd think that women looking for work life balance would find solo practice appealing, because when you work for yourself, you gain control over the hours you work and the hours you handle." The NLJ piece suggests that one factor keeping women at larger firms is that the reliability of steady pay and benefits outweighs the scheduling freedom that solo work can provide. Elefant has a different theory:

"My own belief is that women themselves are driving lawyers away from solo practice. As I posted here previously, when women demand equality in the profession, they're usually referring to equality at big law firms. Women who start and head their own practices, no matter how prominent, simply don't count. As a result, younger women don't view solo practice as an option."

Let me throw in one other thought: It is a fallacy to maintain that going solo is necessarily liberating. I can attest to the fact that many solos work hours equal to or greater than their larger-firm counterparts, and they do so without the safety net of partners and associates to fall back on. No doubt, a solo practice can be family friendly, but it can also be all-consuming. Whether you are trying to schedule a two-week vacation or simply slip away to your son's after-school recital, there is much to be said for having a partner to cover you.

Posted by Robert J. Ambrogi on September 14, 2007 at 01:25 PM | Permalink | Comments (0)

The Aesop of Law?

Dickinson School of Law professor Robert E. Rains is described in his professional biography as a prolific contributor to academic and professional journals, one of the law school's most widely published faculty members. His writings focus on serious issues of family, juvenile and disability law. But for some two decades, Rains has had a literary sideline, of sorts, writing humorous fables and verses drawn from real-life legal stories.

Now, Rains has compiled his fables in a book, True Tales of Trying Times: Legal Fables for Today. The book is published in the United States by independent publisher Willow Crossing Press and was just released in the United Kingdom by Wildy & Sons Ltd. The book's Web site describes it as a humorous collection of modern-day parables drawn from actual court decisions. "The fables are short in length and long in wit, each concluding with a moral drawn from the tale, presented in verse." Rains' wife, a "recovering attorney," and sister-in-law contributed pen-and-ink drawings to illustrate the fables. It is a book, says the Web site, that is "for everyone: not just lawyers, but people too!"

Rains tells The Carlisle Sentinel that he writes these fables in part as a way "to keep what's left of my sanity." Appropriately, the book's forward is written by Pennsylvania Supreme Court Justice J. Michael Eakin, who himself gained notoriety as Pennsylvania's "rhyming judge" after issuing opinions written entirely in verse. The moral of the story: What's good for the professor may not be for the judge.

Posted by Robert J. Ambrogi on September 14, 2007 at 01:12 PM | Permalink | Comments (0)

Nokia Trademarks Classic Guitar Score

Nokia_tune_3 What's a phone company to do when a classical 19th-century guitar score becomes its most popular and recognizable ringtone? Trademark it, of course.

Bill Heinze at I/P Updates delivers the news that on Sept. 4, Nokia received a U.S. trademark for "a sound comprising a C eighth note, E flat eight note, B flat eighth note, G quarter note, C eighth note and C quarter note." For the less musically inclined among us, that happens to describe the 14th bar of Gran Vals, a classical guitar piece composed by Spaniard Franciso Tárrega, described by Wikipedia as "one of the most influential guitarists the world has ever known." Unfortunately, perhaps, for Mr. Tárrega, his composition has also come to be known as the Nokia tune, thanks to its ubiquity as the company's default ring tone.

For its part, Nokia -- not to be crassly commercial about all this -- offers this sample of the song as it was meant to be played, by guitar rather than phone. For those who prefer their music in MIDI format, there is this version.

Posted by Robert J. Ambrogi on September 14, 2007 at 01:11 PM | Permalink | Comments (0)

How Football Parallels Copyright Law

Sports pundits are weighing in from every angle on NFL Commissioner Roger Goodell's decision to fine New England Patriots head coach Bill Belichick a half-million dollars for his team's videotaping of its opponent's defensive signals. But all we here at Legal Blog Watch care about is: What do the lawyers think?

One lawyer with an opinion on all this is Boston College Law School professor Alfred Chueh-Chin Yen. Writing at the blog Madisonian.net, Yen finds -- as only a law professor could do -- parallels between the Patriots incident and copyright issues surrounding circumvention of digital rights management. One argument in Belichick's favor, Yen notes, is that deciphering signs is part of sports and perfectly legal. If deciphering signs is legal, the argument goes, what's the big deal about using a video camera to accomplish it? OK so far, but where is the parallel to circumvention of DRM? He explains:

"Both the Patriots and some circumventers have a 'legal' objective. The Patriots want to decipher the opponent's defensive signals, and some circumventers want to make fair use of a copyrighted work. The only 'offense' is using technology to accomplish otherwise legal ends. So, if we think (as some do) that penalties for circumvention should be lenient or nonexistent when fair use is the purpose, shouldn't the Patriots and Belichick get off with less severe punishment?"

Well, no, Yen says, in answer to his own query. The difference is that the Patriots had been called to task for this very offense before and had been given an express reminder this fall. The Patriots did not simply break a rule, Yen believes, but thumbed their noses at the league's authority. "With this in mind," Yen concludes, "I think the league has treated the Patriots and Belichick quite fairly."

Posted by Robert J. Ambrogi on September 14, 2007 at 01:09 PM | Permalink | Comments (0)

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