Skip to main content

Posts

Showing posts from October, 2014

#AskAnArchivist

What do archivists do? Check out #AskAnArchivist today on Twitter.  Lindy Smith, Research Services Archivist, will be answering OSU-related questions.  And archivists from around the country are answering any other questions you might have. For just a taste, check out the law library's archive of law school history in the OSU Knowledge Bank. The Moritz Law Library recently digitized several College of Law student and alumni publications, which are now available in the University's open access institutional repository, the Knowledge Bank . Browse the Buckeye Barrister (published intermittently from 1951 until 1970) and the Law Record (1958-2005) to explore news of people, programs, and events. These two publications join the current All Rise publication and the College of Law class composite photographs (1902-1996) in a growing Moritz digital archives.

Keeping the Internet Clean: A Legal Question?

Have you ever filtered out content in your Facebook feed or on a search engine because it is too sexually graphic or disturbingly violent? Ever wondered, with that First Amendment and all, who determines if your assessment of the content is accurate or somehow reflects the standards in U.S. laws like the Communications Decency Act? Wired magazine recently ran a story on the people paid relatively paltry sums to keep the Internet clean for you and me. Often these folks are overseas, and often they are vendors for the big tech giants. In other words, large tech companies pay people to look all day at stuff we can't bear to look at just once. "Employees are given a battery of psychological tests to determine their mental baseline, then interviewed and counseled regularly to minimize the effect of disturbing images. But even with the best counseling, staring into the heart of human darkness exacts a toll." Knowing this, should employers be legally obligated to do more to

Representing a Small Business

Last week we brought you an interview regarding patent litigation and a podcaster. Who knew representing a small business could involve every legal issue under the sun? It's like being general counsel with the need to know everything from employment law, lease agreements, tax, intellectual property and who knows what else. If you represent small businesses (or would like to once you are admitted to the bar), help them issue spot so that you avoid litigation in the first place. Here are a few resources to get you started: The Small Business Start-Up Kit Legal Forms for Starting and Running a Small Business Legal Guide for Starting & Running a Small Business The Small Business Guide to Government Contracts Advising the Small Business Client Letters for Small Business Lawyers Advising the Small Business The ABA Legal Guide for Small Business And if helping the little guy isn't motivation enough, think about this: you could be the next John Lowe .

Patent Trolls and Lessons in Civil Procedure

I (and Professors Greenbaum and Caust-Ellenbogen) would like to say Civ Pro is one of the most popular classes out there, but I just don't think or know that is true. But it should be. In the interview we mentioned on this blog last Tuesday , Mike August is clear that one reason the parties settled is because his company's counsel (i) believed dismissal with prejudice was not possible in the jurisdiction in which the suit was located, and (ii) would not agree to dismissal without prejudice. Civil procedure isn't just knowing where to file---it's trial tactics as well. And in this case, where to file was as critical to the outcome of this litigation as any other piece of the trial process. Civ Pro is the rules of the game. So check out a book to brush up on civil procedure and register for Professor Ralph's Pretrial Litigation course  to learn how to maximize the rules of the game.

Patent Trolls: How to Spot Them

What is a patent troll? A search on Google of course turns up results galore offering a biased view. If you're headed to court, you need a legal definition. It's the legal writing tip that sometimes going with a neutral, factual definition rather than a loaded, so-persuasive-as-to-be-hyperbolic definition can give you more credibility in court. Here are a few definitions from cases: A patent troll is "somebody who tries to make a lot of money off a patent that they are not practicing and have no intention of practicing and ... [have] never practiced." Overstock.com, Inc. v. Furnace Brook, LLC , 420 F.Supp.2d 1217, 1218 (2005). "nonpracticing entities” who “do not manufacture products, but instead hold ... patents, which they license and enforce against alleged infringers." Amgen, Inc. v. F. Hoffman-La Roche Ltd. , 581 F.Supp.2d 160, 210 (2008). "a small company who enforces patent rights against accused infringers in an attempt to collect licensi

Patent Trolls, Patent Holding Companies, and a Wealth of Blogging Opportunities

Podcast entrepreneur Adam Carolla was leading a legal fight against Personal Audio ---variously considered a patent troll or a patent holding company depending on who's telling the story. Mr. Carolla had a Fund Anything Campaign to raise around half a million dollars, and Above the Law has a fascinating interview with Mike August, the business manager for Carolla Digital, regarding the settlement reached between podcasters and Personal Audio. The interview raises a number of interesting topics for blog posts, which we'll explore in the next two weeks of blog posts, perhaps along with other topics as they arise. Stay tuned.

Court of the Planet of the Apes?

The Supreme Court has ruled that corporations are legal persons.  What about chimpanzees?  A New York Appeals Court is considering this issue  and may expand our concept of legal personhood.  Lawyer Steven Wise has filed suit on behalf of Tommy, a 26-year-old chimp.  Tommy currently resides in a "dark, dank shed," which Wise argues amounts to unlawful imprisonment.  If you're inspired by animal rights law, try looking at OSU's collection of animal rights books  or check out the Law Library of Congress's research guide on the subject,  An Introduction to Animal Law .  

Free (to You) Online Study Aids

We've touted our study tips for law students on this blog before, and with midterms nigh, we'd like to remind you of one resource in particular: the online, free-to-law-students West study aids collection. To find your favorite study series (e.g., Acing [  ] Law , Black Letter Outlines ), do the following: 1. Log in to Westlaw ( www.lawschool.westlaw.com ). 2. Click the "My eProducts" tab near the top of the page: 3. Browse by subject or series:    4. Stop by the reference desk if you have any questions. We also have many of these books in print in the Reserve Room (behind the Circulation Desk), and you are welcome to check those out as well.

Who Owns How?

The New York Times brings us a story from one of the coolest (and often misunderstood) legal areas: trademark. The mark in question is HOW. Those unfamiliar with intellectual property shake their fists and protest, "How can you trademark the word "how?" That's just silly!" (Incidentally, this is the same group of folks up in arms about the makers of Candy Crush Saga trademarking CANDY.) But trademark attorneys (and any ol' law student who has taken intellectual property) know the reality of trademark: the trademark owner can protect the mark in association with the goods or services. It's not the mark on its own that is the property right. The Candy Crush Saga owners are not declaring that for all time no one can say or use the word candy. Instead, they've filed for the right to exclude others from using the word CANDY in conjunction with other game apps. You know, so other people can't think "Hey, this candy crush thing is popular; why

Happy Federal Fiscal New Year!

Today marks the start of a fresh federal fiscal year.   Lawyers who practice for the federal government are not the only ones who need to know appropriations; attorneys representing state and local governments or contractors also benefit from familiarity with federal fiscal law. The mainstay of federal appropriations law, the Government Accountability Office’s, Red Book will help you navigate the guiding CYA principles: color (purpose), year (timing), and amount.   Find appropriations for recent years at congress.gov .  If you want to delve more deeply into the federal budget, Morgan M. Stoddard presents ten free online places to start.