Practice Notes

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.

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Adventitious Reading List

Education + Media + Practice

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

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My Engagement Letter

Practice

My engagement letter explained – paragraph by paragraph.

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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.

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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.

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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.

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Scientific Research and GDP

Economics + International

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

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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.

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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?

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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.

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MA Tax on Software Services

Business + Media + Tax + Tech

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

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GitHub for Lawyers

Media + Practice + Tech

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

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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.

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International Trademark Protection

Arts + Business + International + Media + Practice + Tech

A brief consideration of an international trademark registration project.

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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.

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The One Fund

Public + Tax

Notes on the fund for Boston Marathon bombing victims.

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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.

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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.

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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.

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Electronic Discovery Fees

Litigation + Practice + Tech

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

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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.

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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).

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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.

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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.

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Public Office

Government + International + Public

Thoughts on public service from a dinner with Felipe Calderón.

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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.

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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.

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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.

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