Field Notes

Copyright Infringement Information & Evidence

Arts + Business + Copyright + Litigation + Media

A practical rundown of evidentiary information bearing on copyright infringement actions.

Read Now

That Day Hacker News Generated 19K Page Views

Constitutional + Government + Media + Practice + Public + Tech

Reflections on GitHub for Lawyers climbing into the top-ten on Hacker News and sending 19,000 page views to this site.

Read Now

Adventitious Reading List

Education + Media + Practice

A collection of links saved over the last couple of years through Instapaper.

Read Now

My Engagement Letter

Practice

My engagement letter explained – paragraph by paragraph.

Read Now

Law Is Code

Business + Economics + Media + Practice + Tech

Coupling website and app building services with legal services offers small business clients a marked advantage in the modern marketplace.

Read Now

The Jurisdiction of Climate Change

Constitutional + Environment + International + Public

Rising sea levels will alter our coastlines – and they will just as certainly change the jurisdictional landscape.

Read Now

IRS Taxes Bitcoin as Property

Economics + Government + Tax + Tech

Treatment of convertible virtual currency as property triggers reporting requirements, including capital gains and losses, among other things.

Read Now

Scientific Research & GDP

Economics + International

Showing a strong correlation between GDP and scientific research, as well as ratios showing nations that manage scientific bang for buck.

Read Now

Correcting an Amicus Brief

Constitutional + First Amendment + Government + Litigation + Public

Correcting the summary of a research article I authored that was cited to the United States Supreme Court in a brief submitted by amici curiae.

Read Now

On Legal Education

Arts + Education + Media + Public

Learning is a literal changing of the mind, and we can’t go back. What implication for lawyers, for whom few mysteries of society remain?

Read Now

Gravity & Antigravity

Economics + Government + Public + Tax

An intriguing exploration of trends in public unionism across the 20th and 21st centuries, and why some jurisdictions respond to economic fluctuations contrary to general expectation.

Read Now

MA Tax on Software Services

Business + Media + Tax + Tech

An early look at Massachusetts’ new tax on software services.

Read Now

GitHub for Lawyers

Government + Media + Practice + Public + Tech

Version control is inescapably necessary to legal drafting, and law is the original code.

Read Now

RI Tax Exemption for Arts

Arts + Business + Media + Tax

A look at the expansion of Rhode Island’s tax exemption for a range of artistic endeavors.

Read Now

International Trademark Protection

Arts + Business + International + Media + Practice + Tech

A brief consideration of an international trademark registration project.

Read Now

Civil Rights Attorney Fees

First Amendment + Litigation + Practice

A preliminary injunction with settlement in §1983 civil rights suits can lead to an award of §1988 attorneys’ fees.

Read Now

Croatian Per Se Corporation

Business + International + Tax

The Croatian dionicko drustvo has been added to the list of entities treated as per se corporations under Section 7701 of the Internal Revenue Code, upon Croatia’s admission to the EU.

Read Now

The One Fund

Public + Tax

Notes on the fund for Boston Marathon bombing victims.

Read Now

Once in a Lifetime Beautiful

Environment + Public

“This experience has changed my view of art, life and now. It was truly a once in a lifetime beautiful.”

Read Now

Digital Asset Management

Copyright + First Amendment + Litigation + Media + Tech

As our lives become increasingly documented by digital means, the question of legacy and inheritance has too become digital.

Read Now

Mexican Land Trusts

International + Tax

Ruling 2013-14 (citing 92-105) on Treasury Regulation §301.7701-4(a) speaks to Mexican Land Trusts (MLT or fideicomiso), and mere agency as opposed to trustee status.

Read Now

Public Unions & Democracy

Economics + Education + Government + Litigation + Practice + Public

A case study on public unions, public finance and education policy set in Rhode Island during the 2008 fiscal crisis.

Read Now

Electronic Discovery Process

Litigation + Media + Practice + Tech

An approach to massive digital document production and review processes, and whether they comport with Federal Rule of Civil Procedure 26.

Read Now

Electronic Discovery Fees

Litigation + Practice + Tech

On shifting the cost of electronic discovery under Federal Rule of Civil Procedure 54(d)(1).

Read Now

Renewable Energy Incentives

Environment + Government + Public + Tax

A look at several major federal incentives for renewable energy projects.

Read Now

Climate & Energy Roundup

Environment + Government + International + Litigation + Public

A summation of recent developments in energy technology and law.

Read Now

First Sale Digital

Arts + Copyright + Media + Tech

A look at the first sale doctrine under 17 U.S.C. §109(a), as well as applicability of the fair use and first sale affirmative defenses.

Read Now

First Sale Imports

Arts + Copyright + International + Litigation + Media

Resolving three sections of the Copyright Act – 17 U.S.C. §§106(3) (exclusive rights), 109(a) (first sale exception), and 602(a)(1) (importation restriction).

Read Now

2012 Foreign Earned Income

Government + International + Tax

A heads-up to qualified individuals whose foreign earned income and housing costs are exempt from taxation under IRC §911.

Read Now

Federal Growth

Economics + Government + Public

Per capita and in constant dollars, we’ve seen a doubling of the Fed’s wealth in the last 50 years.

Read Now

Public Office

Government + International + Public

Thoughts on public service from a dinner with Felipe Calderón.

Read Now

Social Media Spoliation

Litigation + Media + Practice + Tech

A look at a case treating a jury instruction on an adverse evidentiary inference for failing to preserve a Facebook account.

Read Now

The New Media Space

Business + International + Media + Practice + Tech

Lawyers practicing in the new media space face cross-border issues, including representation of clients who offer globally accessible content and services.

Read Now

Recessionary Decline in Creation

Arts + Copyright + Government + Media + Public

The recession affected copyright filings like it affected the open market, dropping very roughly 50% from peak to trough between 2007 and 2009.

Read Now