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If an arbitration agreement isn’t accessible, is it still valid?

If a blind customer has to rely on employees to tell them about a mandatory arbitration agreement—and there’s no evidence an employee ever does so—is that still binding?

September 2018 / 3 min.

Welcome to Hugo

After careful consideration, I have moved my long-running blog away from WordPress and instead I now build it statically with Hugo.

January 2018 / 2 min.

Sidewalk chalk on trial: the Jeff Olson jury acquittal

A prosecutor has to prove every element of a crime beyond a reasonable doubt – and if they don’t, then a jury is expected to acquit.

July 2013 / 6 min.

Done recovering posts after server failure

After a little more than a week of work, I’ve successfully recovered from the server failure at my old hosting provider.

November 2012 / 1 min.

Recovering from server failure and bad backups: the Internet remembers

Two days ago I received several emails notifying me that my sites were all down. Soon thereafter my VPS hosting provider emailed me to say my server, and numerous others, had all been lost, and they had no backups.

November 2012 / 2 min.

The rule of law in Michigan

An MSNBC report by liberal journalist Rachel Maddow strongly condemned the current Republican leadership in Michigan for not following the state constitution. Instead, Republicans have passed bills subject to “immediate effect” without the required constitutionally required two-thirds majority vote in both houses of the legislature.

April 2012 / 7 min.

Revisiting copyright claims against Westlaw and LexisNexis: Does selling access to court-filed attorney briefs violate copyright law?

Edward L. White, a Oklahoma City, Okla., lawyer, and Kenneth Elan, claim WestLaw and LexisNexis have engaged in “unabashed wholesale copying of thousands of copyright-protected works created by, and owned by, the attorneys and law firms who authored them” – namely publicly filed briefs, motions and other legal documents.

February 2012 / 3 min.

The irrelevance of blog advertisements: a publisher’s lament

After running a (horribly unscientific) poll on my law & technology blog for several months, I discovered that less than 15% of people voting found any of the Google-served advertisements to be relevant (not unwanted… irrelevant). This is a problem. Google has always claimed their ads are contextual and targeted to the content of your […]

February 2012 / 2 min.

WordPress under Nginx and Varnish with W3TC

I decided to switch to a Virtual Private Server (VPS) so that I could have more flexibility and control over my server environment. I selected VM Storm based on a review of “low-end” VPS providers (since this is my personal tinkering platform I don’t need to pay extra for a high-end name). I then added Nginx as my Web server, Varnish as a front-end cache, WordPress for blogging, and W3TC as a WordPress performance enhancer.

November 2011 / 4 min.

Google attorney dislikes ACTA too

The still-in-draft Anti-Counterfeiting Trade Agreement, beloved of some, is hated by many-including Google, apparently.

May 2010 / 1 min.