Pop Quiz - The US Citizenship Test

Many of the questions on the United States Citizenship Test are basics of American history and government, but there are some curveballs that may throw off even the most patriotic aspiring Americans.

Think you've got what it takes to be an American citizen? See for yourself! Take the US Citizenship Test.

New Values for New Lawyer Moms

Debra Bruno of the Legal Times has documented a recent shift in the attitudes of younger women towards balancing their legal careers and motherhood. While a prior generation of women blazed the trail raising children without sacrificing billable hours, younger lawyers seem to be moving in a different direction. Erica Leathem, a new mother who left her large DC firm to escape the pressures and time constraints for a more maneagable private practice, explained:

"The older women's thinking, she says, is that you pay some heavy dues first, and they buy you the leverage to do other things, to have a life. But Leatham -- with some prodding from her husband, who saw how unhappy she was -- realized she didn't want to follow that path. 'I thought we need to be shifting the paradigm. You don't need to work, work, work and then have a family.'"

To read more, see the Legal Times Article.

Who Owns the Moon?

Companies (including Virgin Galactic) and private investors alike are lining up at the next frontier -- profits in lunar travel and commerce. As discussed in a recent Salon article by Elizabeth Svoboda, space travel and lunar exploration, once the exclusive domain of a few countries, is increasingly within the reach of enterprising companies and individuals. The moon is rich in platinum metals and helium-3, substances with great potential as renewable energy resources; prospectors anticipate that these resources will be parcelled out on a first-come, first-served basis.

Those wanting a part of the action can purchase an acre of moon land from the "Lunar Embassy" for only $19.99. Legal experts point out that property law on the moon is unsettled ,at best. International space law has not been amended since 1967, a time when space commerce was unheard of. With the Google Lunar X-Prize and other private ventures stretching into the cosmos, this likely marks the very beginning of a new property regime -- and perhaps a new land grab as well.

Law School Enrollment for Minorities on the Decline

According to Columbia Law School, law school enrollment of African Americans and Hispanics has decreased by about 9 percent in the last 15 years. The factors behind this trend are not well understood, but some speculate that declining support for affirmative actionprograms nationwide may be partly to blame. Law schools have also begun placing greater emphasis on LSAT scores during the admissions process. The Columbia Law Clinic states:

"The net result is that . . . law schools are not progressing towards more inclusive admissions. This affects everyone who is concerned about better education and a more representative legal profession."

To read more, see this article in The Wall Street Journal's Law Blog.

Nigeria Takes on Big Tobacco

The Nigerian government has announced a suit against 3 major tobacco companies, claiming that they are directly and intentionally targetting Nigerian children in their cigarette ad campaigns. Now that populations in developed countries are better educated about the risks of cigarette smoking, the tobacco giants are aiming to expand their markets in the developing world. The government, suing for $44 billion U.S. dollars, claims to have thousands of e-mails and internal documents from the companies explicitly outlining plans to expand the numbers of young and underage smokers -- “ YAUS" -- in the country.

One method that the companies use to entice young and non-habitual smokers is to sell individual cigarettes. Some companies also sponsor concerts and fashion shows. Although most are restricted to kids 18 and older, anti-smoking activists argue that the nature of the events makes kids more likely to imitate of-age smokers.

Lawyers for the tobacco companies argue that a more dire problem is that the Nigerian government neglects the health needs of its own people. Court watchers expect the case to drag on for years. For more info from the BBC, click here.

"Guantanamo Prisoners" Get Their Day in Court....

81 protestors wearing orange jumpsuits and posing as prisoners of Guantanamo Bay were arrested outside the Supreme Court on Friday, as the justices began hearing arguments regarding the constitutionality of detaining suspected terrorists at the infamous prison. Many of the protestors gave the names of Guantanamo detainees as they were questioned in the DC Superior Court yesterday.

"Guantanamo is so striking in its immorality and lack of justice," said one protester, who participated in a similar protest for last year's rally. "If humans were created in God's image, torture is clearly a defilement of that." Click for more from the Washington Post.

Cybersquatting and Intellectual Property Laws

Domain name litigation may have fallen out of the headlines since the heyday of Pets.com, but the number of disputes has actually reached an all-time high. According to the World Intellectual Property Organization, the number of disputes in 2007 was 2,156, as compared to 1,824 in 2006. Cybersquatting and other domain name disputes are settled under the Uniform Domain Name Dispute Resolution Policy.

Some speculate that the increase in disputes is attributable to an increasing scacity of domain names. Others postulate that companies are more willing to use the DNDRP process to enforce their trademarks online. The companies who own the trademark reflected in the domain name win these legal contests 85 percent of the time.

New York Judge Quits Due To Lack Of Competitive Salary

Supreme Court Justice Robert F. Julian of Oneida County New York plans to quit after not receiving a raise in seven years. Justice Julian, who earns $136,700 a year, stated that "I am unwilling to further deplete my savings and reduce my lifestyle to continue in office." Perhaps he could upgrade to a first-year associate at a New York firm? If so, would he be eligible for the same clerkship bonus his judicial clerk would earn?

The UK Contemplates Fair Use

The U.K. is looking to change copyright law in order to create a fair use provision similar to that offered in other countries such as the United States and Germany. The U.K. Intellectual Property Office is considering adding such a clause to the Copyright, Designs and Patents Act of 1988 (CDPA). Anything created in the U.K. is considered to have a copyright unless it is specifically stated to be in the public domain.

The British Library is in favor of such an amendment so that it can scan deteriorating materials in its collection. Lax enforcement and limited public awareness have also been cited as major reasons to amend the CDPA.

Many have asserted that fair use in the United States is too indefinite a standard. Should the U.K. follow this lead, or create more concrete safe habors for users of copyrighted materials?

FBI Wiretaps Dropped Due To Unpaid Bills

The FBI has had some of their wiretaps cut off due to non payment to the phone companies complying with the requests. In some cases the agents themselves had to dip into their own budget to insure that the wiretaps would not be cut off.

The FBI had no comment on the matter.

Voter IDs questioned in U.S. Supreme Court

Can you already tell that it's a presidential election year? Although Indiana’s Voter Identification Law has not yet gone into effect, the U.S. Supreme Court has already entertained debate about its constitutionality. The law mandates that each voter present a valid photo id before voting; a voter without proper identification may fill out a provisional ballot, which will not be counted unless he or she presents a photo ID within ten days of Election Day.

You can find more information on the law by clicking this link to the Indiana state government website, or by clicking this link to an article on Law.com, or this link to an NPR special report on the law. You can also access a transcript of the oral argument from the U.S. Supreme Court by clicking here.

Missouri Bar Podcast

The Missouri Bar just published a podcast interview with Fastcase CEO Ed Walters. The podcast discusses the legal research benefit we offer to members of the Missouri Bar. The podcase is a decent guide for folks in the 11 other states that have the Fastcase benefit as well.) Click here to download it as a MP3, or click here to download it in itunes.

Lunch and a Movie at Work

Great article from the New York Times today about the new trend in lunchtime video:

The midday spike in Web traffic is not a new phenomenon, but media
companies have started responding in a meaningful way over the last year. They
are creating new shows, timing the posts to coincide with hunger pangs. And they
are rejiggering the way they sell advertising online, recognizing that noontime
programs can command a premium.

Of course Fastcase is no stranger to the phenomenon. We do webinars almost every day of the week teaching people the tricks o' the trade in next-generation legal research.

Downturn in Bonuses Forecast for 2008

After years of steady growth, new associates at top law firms around the country may see their bonuses shrink in 2008. As the Dow Jones Industrial Average has fallen substantially in 2008 and many economists predict recession, associates may receive less compensation for extra hours they are putting in. According to the National Law Journal:

"For 2007, beginning associates made as much as $45,000 in bonuses in addition to the $160,000 in base pay at top firms in New York and on the West Coast, with some shops doling out 'special bonuses' and getting bragging rights ahead of competitors."

These heights will be tough to sustain in a year of economic downturn, but inter-firm competition may save the bonus yet. To read more, click here for an article from the National Law Journal.

Good Looks and Legal Success

The Economist recently asked: do good looks and professional success go hand in hand? As any student council president can tell you, the answer is yes.

Daniel Hammermash, a professor of economics at the University of Texas, compared this relationship over a variety of professions, including the law. Looking at the future careers of law students:

"He found that those rated attractive on the basis of their graduation photographs went on to earn higher salaries than their less well-favoured colleagues. Moreover, lawyers in private practice tended to be better looking than those working in government departments."

To read more about the laws governing beauty and success, click for the Wall Street Journal's Law Blog.

Conditional Gifts: When Diamonds Aren't Forever

When an engagement is broken off, who is legally entitled to the ring? In the Michigan case of Meyer v. Mitnick, 625 N.W.2d 136 (Fastcase subscription required), the court found that "because an engagement ring is an inherently conditional gift, once the engagement has been broken, the ring should be returned to the donor. Thus, the question of who broke the engagement and why, or who was 'at fault,' is irrelevant. This is the no-fault line of cases." As CNN.com points out, states take different views on the subject:

In California, it depends on who broke the engagement. For example, if the
person who received the ring is the one who is reneging on the engagement, then
that person must relinquish the jewelry. In New York, North Carolina, Minnesota,
Tennessee and other states, appellate courts say engagement rings are
conditional gifts that must be returned to the gift giver if the condition --
namely, the marriage -- does not take place, regardless of who broke off the
engagement. Kansas and Montana say a gift, once given, cannot be taken
back.

Michigan follows the majority approach, but ther are a number of states like Oklahoma, which have no caselaw precedent, and Kansas and Montana which support a minority view.

Portrait of the Candidate as a Young Associate

Last month, the Chicago Sun-Times took a look back at Barack Obama's younger days as an associate at a small but influential windy city law firm. One former client, Ahmad Baravati, says to the Sun-Times:

"I found he's a very smart, innovative, skilled, relentless advocate for
his client. When I met him, he reminded me of Abraham Lincoln."

The Sun-Times also delved into Obama's track record, noting that "a review of the cases Obama worked on during his brief legal career shows he played the 'strong, silent type' in court, introducing himself and his client, then stepping aside to let other lawyers do the talking."



Click here for the Sun-Times article to read more about Obama's history as a Chicago lawyer.

Florida Webinars

As you probably already know, Fastcase offers free Florida caselaw to all members of The Florida Bar. But did you also know that Fastcase conducts free CLE webinar trainings?

Click one of the links below to sign up for a FREE webinar for CLE credit. When you've completed the course, the CLE course code will be emailed to you for self reporting within 24 hours of attendance.

If you have any questions please contact us from 8 A.M. to 8 P.M. (Eastern Time), toll free, at 1-866 -773-2782 or send us an email to support@fastcase.com.

Lawdable Quotes: Abraham Lincoln

"Let me not be understood as saying that there are no bad laws, nor that grievances may not arise for the redress of which no legal provisions have been made. I mean to say no such thing. But I do mean to say that although bad laws, if they exist, should be repealed as soon as possible, still, while they continue in force, for the sake of example they should be religiously observed."

-Abraham Lincoln