Episode 17: Josh Gets a Job! Net Neutrality, Facebook Places, Law School Haikus and More.

Introduction

• Josh returns from his barzam recovery vacation in Mexico…and gets a job! With benefits!
• Don’t miss the pretty offensive segment on how Josh doesn’t trust secretaries and Laura thinks they all want to do something more than answer phones and schedule meetings.

In the News

• Net Neutrality
  • Laura gets pissed about how people characterize the Internet today, and makes a remarkably pro-market argument (being the socialist that she is) defending the Google-Verizon legislative framework.
  • Here’s a long-winded post Laura wrote for her law firm’s blog.
  • Nice, thorough analysis by Tomsguide is here.
  • See also the call for legislators to get to know Barbara van Schewick’s Internet Architecture & Innovation book.
  • And to settle a little spat between Josh and Laura over whether cable companies are the most common option for broadband services, see how Laura is right, according to TelecomPaper: “The top cable broadband providers now have a 55 percent share of the overall market, a slight increase from 54 percent at the end of Q2 2009.”
• Facebook Places — dum dum DUMMMMM!! Learn also how to turn it off.
• Josh talks about an awesome(ly horrible), pervasive exploitable bug found in just about every Windows application?

You’re Doing It Wrong

• Eulogy for Google Wave. :( Takeaway message: figure out what your product is for *before* you market it.
• Patent WTF: Tarzan call maybe used in this patented method for swinging on a swing (via @dweinberger).

Love for Our Geeks

• Back to school haikus! Thanks to @alsoadie for the idea, and @richards1000, @ouij, @kap286,* @legalgeekery, and @lbergus for contributions! (Yes, we’re thanking ourselves, too.)
  Listen to podcast / only then will the beauty / of haikus be heard.
• Thanks to @clarinette02 for many suggestions for topics.

*Totally not a haiku, but interesting topic nonetheless.

Please send questions, ideas, comments, and complaints by email to podcast /at/ legalgeekery /dot/ com or via Twitter (@legalgeekery and/or @lbergus). Thanks for listening!

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Just a few short weeks ago, I was podcasting with Laura and complaining about the PTO’s awful search engine and database front-end. If you’ve ever had to navigate the PTO website, I already know that you’re in agreement.  It should be no surprise then that I’m a huge advocate of avoiding the PTO website like the plague.  That’s why I try to use Google Patents search whenever possible.

So when I was contacted by Banner & Witcoff to review their patent and trademark search app, I was excited, then mildly disappointed, then excited again.  I was initially excited because I was hoping they would do for patent/trademark search what Fastcase did for mobile research.  The disappointment came when I realized that their program doesn’t tap into the PTO’s database, but rather relies on Google Patents search results.  I later found out after speaking with Ross Dannenberg (one of the B&W associates leading development of the app) that the PTO doesn’t allow third parties to tap into their patent API.  Unfortunate, but not much (legally) can be done about that.  So B&W did the best they could and tapped into Google Patents’ resources — can’t fault them for that.

The second round of excitement came when I realized that B&W did a pretty darn good job at giving us a comfortable interface for mobile navigation and search of patents and trademarks.  The very first question I asked Dannenberg when we spoke was, “Why should people use your app rather than the Google Patents website?” (Yes, I’ve apparently become that blunt in my old age.)  The response was both thoughtful and reasonable: “Have you ever tried to use Google Patents on your iPhone?”  Touché.

Aesthetics / Usability

When you load up the app, you can select whether you want to search patents, trademarks, or browse IP resources.  As you might expect, the search can be as broad or as narrow as you want.  You can search by patent number, inventors, assignee, etc.  It seems that most (if not all) of the advanced search options of Google Patents are present by default within the app.

Once you find the patent you’re looking for, you can either browse it plaintext or download and view the PDF (if available) from Google right inside the app.  The down side here is that the application was created prior to iBooks, so there’s no functionality to save the PDF to your iPhone or import it into iBooks.  It seems that it’s lost in the aether once the app is closed.  That’s unfortunate because it would be great to load up on patents before heading out to somewhere without a 3G connection.  On the bright side, B&W is aware that this would be a valuable feature, and hopefully an update will be forthcoming.

One of the cooler features is that the app parses assignments and will display them right within the app (in a separate tab).

The trademark functionality works in almost exactly the same way, except that rather than coming from Google, the trademark data comes right from the PTO.  The trademark search is clean and fast, and once you select the mark you’re looking for, it’s displayed on your screen as seen to the left.  One great feature is that you can mail this data to yourself from within the app.  So if you need to include the mark within a brief or a memo, you can just extract it from your email rather than having to search for it again when you get to your PC.

Aesthetically, the app isn’t terribly impressive.  I’m not sure whether it was released prior to the iPhone 4, but don’t expect to see retina display quality graphics.  None of the interface has really been customized, and the developers basically just used the default GUI elements from the SDK kit.  That’s not necessarily a bad thing since it may actually help the interface stay intuitive, but I can’t really call it “beautiful.”

Conclusion

If you need to search patents or trademarks on-the-go, this is definitely the way to do it.  It’s fast, the GUI is relatively user-friendly, and it’s free.

Click here to download the app via iTunes

—–

If YOU have a law-related app or program that you’d like to see reviewed on Legal Geekery, or you’d like to provide us with some giveaway keys for your paid law-related app or program, get in touch with us at legalgeekery /at/ gmail /dot/ com.

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It had recently come to my attention that I was not really prepared to start law school.  I was moving across the country to attend a school that had agreed with me about how great of a match we would be, and I was starting to sift my way through the pile of “going to law school” books that had been recommended to me by family, friends, and attorneys I knew.  After the third or fourth book that read like a self help book, I was getting frustrated with the same advice – study a lot, don’t get too stressed, listen to your elders, don’t spend too much money, here is how to brief a case, etc.  These are all good things to know, but I wasn’t getting very much about how law school worked and why it made sense to do things like briefing cases.  I was more interested in the philosophy behind law school than a map of how to do well and the symptoms of having started law school.  In short, I lacked the “why?” of it all.

In comes Karl  Llewellyn and the book that will hopefully have saved me from floundering for the first month of school.  The Bramble Bush is a fantastic explanation of what to expect from law school.  It is a timeless explanation of the case method that focuses not only on how to deal with cases given to you to analyse, but also on why cases make sense as a topic of study.  It was written right as the case method was being adopted more widely among influential scholars in the 1930s, and almost reads as a defense of the practice of teaching with in such a way.  These were actual lectures given by Mr. Llewellyn, and they read as such.  Some of the language is a little archaic, but it is interspersed with very clever humor.

Do yourself a favor and read it!

Good luck to all of the new 1Ls!  We’re gonna need it!

Special thanks to Tom Theado for pointing me in the right direction.

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Episode 16: Arizona’s SB1070, UK’s asbos, Iowa’s GOP, & More; With Guest Host Scott Kuhagen

Introduction

• Special guest host: Scott Kuhagen, our fave listener. Follow him already: @skuhagen
• Josh will return from the beaches of Mexico after he recovers from the barzam.
• On buying books, remember students can get free Amazon Prime membership for a year.

In the News

• Scott, a constitutional law geek, explains the controversial (read: ridiculous) Arizona immigration law, SB 1070.
• Laura points out the new DMCA exemptions, which appear to open the door to legit kitten mashups, at least for cinema critique purposes.
• Scott’s attention turns to “Knifecrime Island,” explaining a United Kingdom plan to scrap “anti-social behavior orders.” See also The Awl’s take on the issue.
• Is this a big deal or not? White House proposal would ease FBI access to records of Internet activity.

People Smarter Than Us

• Looking into Law Clerk Connection: see the site’s terms of service here.
• Researchers suggest grades matter more than “eliteness” of a student’s law school:
  

  Yet whenever it is possible to link law school grade data to either short‐ or long‐term outcomes among lawyers, the evidence is indisputable that grades matter. The After the JD study reveals a sharp tradeoff between law school grades and tier. For all but the most elite schools, the salary premiums for achieving high grades more than make up for the salary depreciation associated with attending a lower‐ranked law school. – pg. 20 of http://online.wsj.com/public/resources/documents/072910sanderyakowitz.pdf

• Use Google Scholar email alerts for search terms.

You’re Doing It Wrong

• Oh, Iowa Republicans. Scott points out that they seek to replace the 13th Amendment (you know, the marginally-important one that…abolished slavery) with the “real” 13th Amendment that would take away Obama’s citizenship for receiving the Nobel Prize for…peace. After Laura recovers from the irony, she notes Section 12.12 of the Iowa GOP platform, wherein the Iowa GOP calls the UN “diabolical” for advancing sustainability on our planet.
• Philadelphia Family Court needs a new building, but a blatant conflict of interest, overseen by the Chief Justice of Pennsylvania, has put the brakes on a usable domestic justice system for just a while longer in the City of Brotherly Love.

Love for Our Geeks

• Congrats to Josh Auriemma, and all the other bar-takers out there. We’ve lived vicariously through your pain and can’t wait to waste a summer just like you did!

Please send questions, ideas, comments, and complaints by email to podcast /at/ legalgeekery /dot/ com or via Twitter (@legalgeekery and/or @lbergus, or @skuhagen to respond to Scott). Thanks for listening!

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Episode 15: Spindle Law, Fastcase for iPad, Cameras in Federal Courts, Weather class actions, and more.

Introduction

• Josh is still studying for the barzam, and was happy to find this post on ATL.
• Do Legal Geekery podcast listeners know about Woot and its various awesome subdomains?
• Josh got to try out the Fastcase for iPad app and wrote a review. We still ♥ Ed Walters.

In The News

• The weather has been brutal in many parts of the country this summer. Why not join a class action against it? Thanks to Venkat for the tip on this 2nd Circuit case and this 5th circuit case to hold power companies accountable for global climate change. (See Massachusetts v. EPA for some context/background.)
• Does the 6th Amendment argument still work for the Federal Courts ban on cameras in the courtroom? Laura thinks this is total crap.

People Smarter Than Us

• Some arty former law students set out to convince the world that art and law can mix. Check out The.Law.Review. and submit your creative stuff. (And see @mglickman’s Twitter background for the badass cthulhu drawing we reference.)
• Laura talks with David Gold, CEO and co-creator of Spindle Law, a crowdsourced legal research tool that presents the law as one giant, Blue Book-formatted outline. Spindle Law takes the contributor-driven genius of LII Wex and adds a layer of practical utility that could be every student and associate’s dream come true.

You’re Doing It Wrong

• We know Laura likes to knock on government websites (see her SCOTUS site redesign fury over at Lawyerist). But her frustration with the FCC website might be a little over the top. Josh says the world has yet to create a database less functional than that of the USPTO. If you should ever need to view pages of the actual FCC Record, though, Laura found a decently-searchable database at the University of Northern Texas’ library archive of the FCC Record.

Love For Our Geeks

• Check out @skuhagen’s new blog at ScottKuhagen.com.
• Special thanks to @richards1000 for his excellent finding, tweeting, and retweeting of all things relating to law, legal communication, legal education, law librarianism, knowledge management, etc. He is the author of Legal Informatics Blog.
• @mglickman (yep, the cthulhu artist, above) is a legal geek in both the thinks-deeply-about-substantive-law sense and the knows-too-much-about-technology-for-his-own-good sense. Laura says he has a good sense of humor, and he gets points for being both law student and dad at the same time. He blogs at Point & Glick.
• Is there any lawyer as balanced and friendly as @vbalasubramani? Not that we’ve found. He blogs at Spam Notes and occasionally at Eric Goldman’s blog, and Josh believes Venkat is a stringer for the Seattle Times…
• Our friend @ouij is smart. And knowledgeable. Did we mention smart? Scary smart and not afraid to show it on his blog.
• Josh gives a special shout-out to @aeolianharp. Fate, racquetball, and Learned Hand all feature in the story of how they met.

Please send questions, ideas, comments, and complaints by email to podcast /at/ legalgeekery /dot/ com or via Twitter (@legalgeekery and/or @lbergus). Thanks for listening!

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It has been about half a year since Fastcase released their fantastic iPhone app and became the first company to offer (free) fully-functional, mobile, native legal research.  I was fortunate to get an advance copy of the upcoming Fastcase iPad app, and I’m just as impressed this time around.

Legal research on the iPad could be a game-changer and Fastcase has set the bar exceptionally high.  While it can be difficult to stare at the iPhone’s tiny screen for extended periods of time, researching on the iPad is at least as natural as researching on your computer.  Some differences that make the iPad a great option for researching:  many people have a 3G data plan on their iPad, and the iPad is significantly more mobile than a laptop.

When you first open the iPad app, you’ll be prompted to either log into your Fastcase account or register for free.  The free registration is very easy and can be done within the app (so you don’t have to launch Safari) which really streamlines the registration process.  As soon as you’re registered, you can jump right into searching statutes or case law.  As you can see above, the search features are basically just what you’d expect, and quite intuitive.

You can elect to have search results display either “title + most relevant paragraph” (the default and my preference), “title + first paragraph” or just the title.  Once you’ve decided on the case you want to view, touch it, and you’ll see the case along with a navigation window on the left (assuming you’re in landscape mode).  If you decide you want to read the case (rather than skimming), simply turn the iPad into portrait mode: the navigation window will disappear and you’ll be left with what feels a whole lot like the cases you’re used to reading on paper.

My favorite “skip to most relevant section” feature is back in the iPad version.  As you can see in the image above, it’s highlighted my search terms and skipped ahead to what it (correctly) deemed the most relevant portion of the case.

You may also notice the font size slider.  By my count, the app supports 5 font sizes.  The default font size is comfortable for me, but for our near-sighted geek friends, the highest setting seems to be approximately font size 20.

Another extremely welcome feature is the “Find” bar (you can see it at the bottom in the image above).  Mobile users have gone without in-page searches for far too long, and it’s nice to see that trend changing.  Type a search term into the box, and the displayed case is searched, a popup tells you how many instances of the search term were found, the terms are highlighted, and you can easily switch between the terms.  Sure, it seems like a feature you just expect as a 21st Century computer user, but you’d be amazed at how often these types of features are overlooked.  One of the things that consistently impresses me about Fastcase is their ability to incorporate these subtle-yet-important features into their product.

You may have also noticed the Save feature.  If you have a wifi iPad, this is going to be your favorite feature.  Clicking on the Save button will actually store a local copy of the case on your iPad.  If you find yourself without an internet (or 3G) connection, you can still pull up these saved cases within the client.  In the future, I hope that saved cases will save to your Fastcase web account as well, but at the time of this review, that feature has not been implemented.

Concluding Thoughts

I wrote a post recently about why I thought that the iPad wasn’t quite ready to replace your laptop.  The Fastcase HD app is well on its way to changing my mind.  While iPhone productivity apps are generally judged by how well they serve as mobile programs, I think that iPad apps are judged by a different standard.

What I mean by that is that I love my Fastcase iPhone app.  I’ve used it while on public transit, and I’ve used it as the passenger in a car, but I’ve never once been home and took out my iPhone rather than my laptop to perform legal research.  That’s just not how I used my iPhone.  It is, however, often the way that I use my iPad.  I use my iPad when I don’t want to break out my laptop.  I can actually see myself using this app on an everyday basis.  I can imagine many scenarios where I would want to research by curling up with my lightweight tablet rather than my clunky laptop.

In a time where many legal companies are slow to adopt new technology, it would have been completely understandable for Fastcase to have rushed this app out the door in order to be the first legal research app for the iPad.  Impressively, this app doesn’t feel rushed at all.  No corners have been cut, no major features seem to be missing, and still, they’re the first on the market.  Kudos for that.

The Fastcase app should be available this week, and we’ll update with a link as soon as it clears through the Apple approval process.

[Update 7/20/2010: The app is now available on iTunes]

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As some of you know, Barbri offers the ability to access bar prep materials on your iPhone or iPad for a fee.  What you may not know is that the Barbri Mobile device has some serious limitations:

1. You can’t use your Barbri account on both an iPad AND an iPhone (and if you upgrade to, say, the iPhone 4, you’re similarly out of luck).  You’re limited to logging in with one device, and if you log in with another device, your Barbri account is locked down and you have to call tech support to have them unlock it.

2.  Barbri Mobile isn’t *really* made for iPad — it just happens to be compatible.  What does that mean?  It means that if you want to stretch the app out to the full size of the iPad, everything is going to look really blurry.

3.  IT IS $300!  I have a feeling that at some point Barbri will realize that this price tag is absolutely insane for the ability to access the exact same materials we can access on our computers, but in the meantime we have to deal with this pricing insanity.

Thankfully, there is a solution to all three of these problems.  It’s called iTeleport.  Okay, so it’s not free, but it is the best VNC app that I’ve tested on the iPad by far.  It’s $25, which is pretty expensive for a mobile app, but it’s a universal app (one price for both the iPad and the iPhone version), it’s already updated for iOS 4 multitasking, and it’s WAY more affordable than $300 if you’re super poor like me.

What Does it Do?

The idea is fairly simple.  You set up your computer at home with the barbri software running (either the Windows, OS X, or online version — it doesn’t matter) and iTeleport will display on your iPad or iPhone whatever is on your computer.  It will let you interact with the program as well, so you can select your answers and set up your exams just like you would on your computer.

Setting it Up

Step 1:  Download iTeleport directly onto your iDevice or download it here.

Step 2: Follow these instructions if you have a Mac, or these instructions if you have a PC.

Step 3: Run the iTeleport app, and enjoy your $275 savings.

Tips

• Maximize the StudyDesk software on your computer before starting up iTeleport.  That way you’ll take advantage of the screen real estate and won’t have to worry about windows getting stuck behind windows.
• Swipe up with three fingers to hide the toolbar.
• Turn “Touchscreen Mode” ON in the options.  That gives it a more iOS-like feel.  That way you don’t have to worry about messing with the mouse cursor.

I may update with more tips as I begin to use my iPad/iPhone to work through the practice tests.  In the meantime, please let me know in the comments if you find any good tips.  If you have problems getting the program up, I’m not sure if I can help, but I’ll try if I have time.

Good luck on the bar exam!

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The July bar exam is quickly approaching and I’ve been trying to figure out how I’m going to keep this seemingly infinite amount of information floating around my head long enough to, you know, become a lawyer.

In doing some research, I happened across Tony Buzan’s, The Mind Map Book.  I’d heard about mind mapping before, but I didn’t really understand how it worked.  I did find some reasonable arguments as to why mind mapping might be useful, though.  After some quick skimming of the book in my local Barnes & Noble, I set out to make my first mind map.

Note: Picture taken with my new iPhone 4!

Things I learned during this endeavor:

1. I should stick to graphic design.
2. It took me approximately an hour to do this incomplete map of future interests — by my calculations, it would take me 2 years at this rate to prep for the bar exam.
3. Brush markers are really cool.

Mind mapping might be useful for some things, but I’m afraid that the quantity of knowledge we need to absorb to pass the bar is simply too great to apply such a time-consuming method.  Perhaps it could be used as a supplement for particularly tricky subjects or tests, though.  Still, check out the book if you’re interested.  I have a feeling that this could be useful for visual learners who don’t have to memorize a completely unreasonable amount of information.

Do any LG readers incorporate mind mapping into their lives or studying?  I’d be very curious to hear about your experiences or how you think it’s best used.

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Episode 14: studying for the bar exam, RSS and copyright, Lessig’s attempt to amend the Constitution, life as a married law student, & more.

When Larry Lessig tries to amend the US Constitution, Josh and Laura realize they should have paid attention in civics class. Also, Josh is deep into bar prep, Laura is working a few jobs, and they give marriage advice to one of LG’s top fans.

Introduction

• Laura is working a lot this summer. It’s fun.
• Josh is studying for the bar this summer. It’s not fun.
• There’s a little bit of banter about the new iPhone, but Laura mostly keeps her mouth shut.

In The News

• Lessig gets behind a Rhode Island resolution to call a convention to amend the US Constitution [pdf] to overturn Citizens United (campaign funding). Here’s the HuffPo explanation.
• Utah is trying to make it illegal for lawyers to knowingly say something false about the judiciary. (See the proposed URPC update here [pdf]). Um, isn’t “knowingly saying something false” pretty much covered under defamation law?
• The kerfluffle over the iPad Pulse app and the NYT’s response. Do RSS aggregators violate copyright? TWiL has a much more reasoned and on-point discussion of this issue here.

You’re Doing it Wrong

• “Hello, Iowa, I’d like to add you to my professional network on LinkedIn.” An example of either the best or worst use of a statewide listserv…
• Turns out PACER is ridiculously overfunded, that is, PACER fees are going to lots and lots of non-PACER-related things. [Insert feigned surprise here.]

Love For Our Geeks

• @skuhagen asks about life as married law student… Because he got married! Congrats, f/k/a @sakuha!

How many LG episodes have you heard? Which topics are your favorites? Please send questions, ideas, comments, and complaints by email to podcast /at/ legalgeekery /dot/ com or via Twitter (@legalgeekery and/or @lbergus). Thanks for listening!

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Episode 13: Graduation, Antitrust, Defending Tweets from T-Shirts, and More

Laura could go on for days about American Needle v. NFL. Josh analyses the new Twitter API terms of use.

Introduction

• Finals are over!! Josh passed tax and got his J.D. Laura makes insulting comments about poor grades.
• Josh shares his updates on the job hunt.

In The News

• American Needle v. NFL. This is Laura’s *fave* antitrust supreme court decision. Easterbrook must be pissed!
• 3GS iPhones for $97 at Wal-Mart!
• A meme that Josh apparently missed, for your edification: Darth Vader voice for TomTom YouTube ad.
• Kindle DX vs. the Nook: Josh gives an impromptu comparison.
• Twitter API TOS amendment – an argument for limited license for use of Tweets? And here’s the actual TOS on Twitter’s site.

Love For Our Geeks

You can’t get out of us talking about you on the show that easily, @sakuha! Check out our favorite fan’s new site at
http://scottkuhagen.com/, and his public Twitter profile at @skuhagen.

Despite our ability to scan the interwebs for law-related fodder, we thrive on your suggestions. Please send questions, ideas, comments, and complaints by email to podcast /at/ legalgeekery /dot/ com or via Twitter (@legalgeekery and/or @lbergus). Thanks for listening.

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