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April 04, 2006

Our Electricity is Back

A short, but violent, storm swept through St. Louis on Sunday afternoon. Our electricity went out with the first gust of wind. Power returned late last night. The electric company returned this morning for more repairs in our neighborhood and the power was out again for a few hours today.

As we rely more and more on technology, this state of affairs can be a real drag, especially if you work out of a home office (or any office that happens to be an area without electricity).

I was talking with a writer today who had interviewed me for quotes for an article for on extranets and we joked about writing an article on the trials and tribulations of the tech-reliant in a time without electricity.

I did some thinking about whether there were some lessons I could learn about disaster recovery planning. There are some, of course.

The tricky part in all in this episode was that the power could have returned at any time, and it usually is not out for as long as it was this time.

For example, I did the trip to a local restaurant with WiFi access yesterday and then was surprised that the electricity was still out (as was my battery on my Tablet PC by then).

I did not try some of my more creative options - heading over to my father-in-law's to check in on him and use his electrical outlets, for example.

The irritating thing in this episode is that we were right on the dividing line - our neighbors across the street all had power the whole time.

By the way, I'm not sure how Abe Lincoln and others were able to read by candlelight.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Learn more about electronic discovery at Dennis Kennedy's Electronic Discovery Resources page.

This post brought to you by LexThink!(R) - The Legal Unconference. Ask us about private LexThink retreats and conferences for your firm, business or organization. Coming soon - LexThink Lounge - April 19, 2006.

Technorati tags: legal technology disaster recovery planning

Posted by dmk at 08:39 PM | Comments (0)

March 27, 2006

National Sleep Awareness Week 2006 Starts Today

I'll be ringing in National Sleep Awareness Week this evening by taking a follow-up sleep study tonight. As some of you know, I'm among the estimated 18 million Americans trying to deal with sleep apnea. My condition has lasted several years and is characterized as mild-to-moderate (but still difficult). I have made some significant improvement and have gotten praise from my doctors for doing everything they suggest.

As a result, I've become a big advocate for getting sleep-tested when the symptoms are apparent (male, over 40, snorer, 17" neck size, to name a few). For more info, check out this article and Wikipedia entry.

If you have sleep apnea or know someone who does (or might have), the best resource I've found is Paretz Lavie's excellent book, Restless Nights.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Technorati tags: sleep apnea apnea

Posted by dmk at 04:57 PM | Comments (0)

March 21, 2006

Ray Bradbury on the Uneasy Coexistence of Art with Advertising

Something to think about:

"If you go to the newsstand today, you see 1,000 magazines, and there's hardly an idea in them. They've been invaded by advertising. I had a poem in Good Housekeeping a few years ago. I looked through and I couldn't find it. I finally called them and asked, 'Where's my damn poem?' It was on Page 150, opposite the Clorox ad."
Ray Bradbury, author of Farenheit 451

From the March 19 NY Times via the Rock & Rap Confidential email list.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Technorati tags: musings ads

Posted by dmk at 09:39 AM | Comments (0)

March 16, 2006

Blog Posts That Got My Attention Today

A few blog posts I liked today, all of which will make you stop and think:

Shelley Powers' "Simple Philosophy"

David Maister's "Why Training is Useless"

Deborah McMurray's "Are companies really firing their outside law firms in record numbers?"

Tyler Cowen's "Why don't more businesses use prediction markets?"

Steve Dembo's "EdTech Connect Webinar Series| DiscoverySchool.com"

Jonathan Snook's "Feeds as a platform + future of aggregators"

MasterMaq's "Teaching Kids About Cybersecurity"

Jesper Bindslev's "Strategic Agility and Corporate Blogging - The OODA loop as a model for organizing corporate blogging activities"

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:07 PM | Comments (0)

March 09, 2006

Too Busy to Be Productive?

Everyone I know is incredibly busy. As an example, here's a quote from a recent email from a friend of mine: "I am DROWNING right now."

We all face the ironic situation that our labor-saving devices and productivity tools (software and hardware) have left us with a vague feeling that they have helped us only to work harder and less productively.

So you see people stretched thin and becoming less patient. Notice what happens 15 or 20 minutes into a meeting or phone call. People even schedule calls a few minutes before another meeting so they can jump off and feel they have knocked another item off the to-do list.

People regularly come to me with ideas for group projects (often related to blogging). My new test is to say that it will be worth pursuing only if the people who want to do it are willing to commit to doing a one-hour conference call. Often, that call never gets scheduled - people get too busy to give up the time and effort to put together, set-up and have that call.

So, for all you busy people, which is probably all of us, I've found something that you must find some time to read and think about. It's from Dave Pollard and its a post called "Too Busy Being Unproductive to Learn to Be Productive."

The money quote (among many):

One of the paradoxes of modern life is we're too busy to learn to do things that would make us less busy and more productive. . . . If you're skeptical, spend a half hour observing a co-worker at his/her PC and you'll be astonished: It's like watching someone being tortured -- awkward workarounds, unnecessary steps, time wasted searching in the wrong places the wrong way. The cost to every enterprise, and our economy as a whole, must be gargantuan.

An important guide for the too busy society.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Technorati tags: Dave Pollard productivity too busy

Posted by dmk at 04:01 PM | Comments (0)

March 01, 2006

Spring Bike Rides

The temperature today hit 75 degrees and I had to go out on my first long bike ride of the winter. I took my usual route - Grant's Trail. The good news was that the gap between my hoped-for level of fitness and my actual level of fitness wasn't as big as I had feared it would be. The bad news is that someone seems to have made the hills a little higher over the winter.

As I rode today, I realized that part of what I like about bicycling is that it is a form of moving meditation, giving you both a time to think and a time to slow your thoughts down.

Part of the reason for this comes from the safety issues. It's not safe to ride while listening to an iPod on headphones or talking on a cell phone. Checking email on a Blackberry - pretty dangerous.

So, you get a time of relative quiet and removal from distractions - a good combination for most of us.

Now, if there were only a good, safe way to capture the thoughts and ideas that flow while riding . . . .

When I returned from my ride, there was a single yellow crocus blooming in our front yard. It's not spring yet, but it's a taste of spring, with a promise of more rides to come.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Technorati tags: cycling

Posted by dmk at 08:03 PM | Comments (1)

February 24, 2006

Curl up with a Good Book this Weekend

Rosa Say has done a cool thing on her blog by getting a bunch of bloggers to let her know of posts where they reviewed books they liked. She's then posted a list of of those books and excerpts of the review posts. She calls this the 2nd Annual Love Affair with Books.

The result is a great reading list. Take a look at the post and make a list for your next trip to your favorite library or bookstore (or Amazon). You'll also find some new blogs that you will want to check out.

My contribution was my review of Cliff Atkinson's Beyond Bullet Points.

I'd like to thank Rosa for inviting me to join in and for creating a cool way to use blogs in a helpful way that benefits her readership greatly. Happy reading.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 04:32 PM | Comments (0)

February 23, 2006

St. Louis Blogger Lunch Today

By a string of coincidences and an exchange of emails, I ended up at an impromptu lunch with four St. Louis bloggers today. It was so much fun that we are talking about making it a regular event.

We also want to do a St. Louis blogger meet-up one of these days soon and get even more of the St. Louis bloggers together.

We had three BlawgThink alums (four, if you count me) - Michelle Golden, George Lenard and Marianne Richmond - and Microsoft's Randy Holloway (who wanted to attend BlawgThink but had other commitments).

Meeting other bloggers is my favorite part of blogging.

I'm pushing Randy to see if he can get the keys to one of the meeting spaces at Microsoft's offices here in St. Louis to host a blogger meet-up. Watch for more details. Maybe I'll finally get my chance to meet my favorite St. Louis blogger, Shelley "Burningbird" Powers, in person if we can put this event together.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Technorati tags: St. Louis bloggers BlawgThink

Posted by dmk at 08:36 PM | Comments (1)

Smart Man Online Interview

I've long enjoyed Yvonne Divita's Lipsticking blog, so it's an honor to be interviewed by Yvonne for her "Smart Man Online" feature today.

I talked about a number of topics and talk quite a bit more about writing and blogging than I typically do on this blog.

If you don't already read Yvonne's blog, shame on you, but go ahead and check out the interview and sample some of the excellent material she has there on Internet marketing to women. I got to meet Yvonne at the first LexThink conference, but I was a fan of her blog long before that.

Thanks, Yvonne, for all your kind words and giving me the chance to be one of your "smart men online." It's a blogging honor that I truly appreciate.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 08:20 PM | Comments (1)

February 21, 2006

Pulling the Plug on the All Q & A Format for this Blog

I decided last night to put an end to the all question-and-answer format I have been experimenting with since the beginning of the year. For new readers, the idea was that I would write the title of each post as a question that the post would then answer.

My reasons for taking the approach were:

1. It was something different and might be a way to reinvent my blog a bit.

2. People have always enjoyed my "By Request" days where I answer questions.

3. Mainly, though, I thought it might be a way to help me write blog posts more quickly and easily.

After almost two months, I had drawn a few conclusions:

1. It wasn't making it easier and quicker to writer blog posts. In fact, in some cases, I spent more time working on the question than the answer (I'm kidding), and some posts didn't lend themselves to the Q & A format or resulted in awkward questions.

2. I did not get a lot of feedback on the new format and what I did was from people who questioned the approach I was taking or liked the old way better.

3. I noticed some interesting, slightly negative results in Google search rankings that might be attributed to the use of questions in the post titles.

In other words, I was beginning to shrug my shoulders whenever I thought about the approach. It wasn't a negative experience, but it wasn't a positive experience either.

Last night, some of the smartest bloggers I know told me it was time to abandon the approach. That confirmed my thinking.

I decided that since it's my blog, I can do whatever I want, including changing my mind.

So, I'm dropping the all Q & A approach, although I still do the occasional "By Request" days and use a question as a post title from time to time.

Blogging is about experimenting. Some experiments work really well and some not so well. Those are the easy experiments to evaluate. It's the ones that end up in the middle that are hardest to decide what to do with.

So, I'm thinking up a new experiment. Anonymous blogging has been done to death and probably won't work for me (see the title of this blog). I've seen pictures of me appearing on various blogs lately and I'm intrigued by the idea of doing graphics and pictures on my blog.

By the way, of the recent pictures of me from BlawgThink, I greatly prefer the one here to the one here (from the fun-loving bloggers at RethinkIP).

[Originally posted on DennisKennedy.Blog (http//www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 07:42 PM | Comments (0)

February 20, 2006

Where's the Rest of Blogiversary Week?

Life intervened on my blogiversary plan. My father-in-law had chest pain and was hospitalized and had a few procedures last week. He's now home and doing well. Our plans and schedules got turned around for a few days.

So, blogiversary week will just end without further fanfare. I have some "by request" posts that I'll respond to later this week, but I think I'll simply return to regular programming.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)

Posted by dmk at 10:35 AM | Comments (0)

February 16, 2006

What Was The Most Important Blog Post You Read (or Re-read) Today?

It has to be John Robb's post, "The Next Attacks." Read it and see if you agree. Be sure to follow the link that explains his reference to a "black swan."

Dave Pollard's "Three Things to Teach Your Children" is another candidate for most important post.

On the professional side, Ron Baker's "Attorneys Aren't Knowledge Workers" is another must-read.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 06:48 PM | Comments (0)

February 15, 2006

By Request: What Would I Do Differently If I Started Blogging Today?

Leading intellectual property law blogger Steve Nipper had a great post the other day called "Five things I would do differently if I started blogging today" that I highly recommend to your attention. He has some wise observations and some great tips for both new bloggers and long-time bloggers.

I started this blog three years ago today. To help you understand my point of view, at the time I felt that I was starting my own RSS feed and that the blog was the vehicle for the RSS feed. RSS was the motivation and the driver for this blog. As I've mentioned before, I was soaking up everything I could about RSS at the time, Dave Winer's Scripting News was my prime and daily resource, and I spent much more time researching what the blogging tools could do in generating RSS feeds than I did in researching what they could do in terms of blogging.

First, let me concur that Steve's main points in his posts - portability and user friendliness - are ones that every blogger needs to think about on a regular basis.

Here is my somewhat iconoclastic list:

1. I'd Treat My Blog More Like a Website. I make no secret that my focus for my blog and the audience I consider when writing my blog is the audience that subscribes to the RSS feed. Even though I know that a huge number of readers visit my blog directly, I'm surprised when someone tells me that they "visited" my blog.

As a result, I think I underserve the non-RSS portion of my audience, don't think about the blog experience as much as I perhaps should, and have not explored what blogging software, such as Movable Type, can do as a content management tool for a combined blog/website experience. I'm intrigued by some of the things another RethinkIP guy, Matt Buchanan, has done and has talked about doing in terms of making his blog more webpage-like.

What does that mean? Updating certain posts with fresh information or lists of links. Using posts as repositories of information (say, a list of my articles). Fleshing out the "blog as mini-portal" concept. There are a lot of ideas there.

Once you move into a feed-dominant approach, I think that you focus primarily on content and less on the actual design and user experience of the visitors to the blog (do bloggers really understand what the message they are sending when they have a long column of not-very-relevant Adsense ads on the front page of their blogs or a blog roll in which there are hundreds of blogs and six of the first ten are either dead links or blogs which haven't been posted to in months?)

In retrospect, I might have decided to do the idea I had a few years ago to redesign my site and adapt it into Movable Type. RSS is still what interests me most, but I think I neglected some things that would have worked well for the large numbers of people who do not yet use RSS.

2. I Would Have Used More Emoticons and Humor Warnings. Many people still do not believe me that I started this blog not as a lawyer blog, but as an experiment in writing. I wanted to try different kinds of writing and let it find its own audience. As a result, I'll do things on my blog that I would not recommend that the standard lawyer blog do. But, I know that.

One thing that I like to do is write about subjects ironically or to attempt to inject some humor. One of my friends likes to tell me that my humor is pretty dry and it's hard enough to know when I'm not being serious in person, but it's even harder to know that in my blog writing.

Once upon a time, I used little "humor warnings" when I thought there was a good chance that people, especially lawyers, would not be able to tell from the context that I was joking around. I haven't done that in a while. I also use a lot of self-deprecating humor, which people don't always understand that I'm doing (that comes from growing up in small-town Indiana, where both self-deprecating humor and deadpan-delivery are admired traits).

The unstated rule in blogging seems to be that you not use emoticons (smileys) to let people know that you are joking. ;-) This, of course, preserves the "but I was just joking" defense if someone takes exception to your post, but sometimes leads to some misinterpretations.

This has become more of a concern as the blogworld has grown and not every blogger knows every other blogger. In the past few months, I've felt that too many of my comments have been misinterpreted and a smiley here or there would probably help matters.

3. I Would Have Done More Collaborative Blog Projects Earlier. The whole blogging thing is worth it for me just because it gave me the chance to work with Between Lawyers group. If you add LexThink!(R) to that, that's quite a "return" on my blogging investment. I'd like to do more of that, and to have done it sooner. The bloggers I've met over these three years are amazing people. I'm happy that they've let me join them in creating whatever blogging will grow into.

I'd still like to do that big collaborative project that a bunch of us have been talking about for way too long.

4. I Would Not Have Turned on Comments. I turned on comments on my blog after not enabling them for close to the first two years of my blog's life. Now that they are on, I don't really think that I can (nor do I really want to ) turn them off. But I have a lot of second thoughts about them.

I estimate that the ratio of comment spam to good comments is at least 50:1. It's part of my regular routine to clear out spam comments. On the other hand, one good comment from someone you respect makes all the hassle seem worth it - at least now that they are on. In retrospect, I would have left them turned off and ignored the people who like to say that you don't have a "real blog" if you don't have comments on.

5. I Would Not Have Spent Two Years Trying to Decide What the Right Thing to Do on Ads and Sponsorships Was and Then End Up at the Same Place I was at Two Years Ago. I used to write a lot on this topic. My feeling was that randomly-served ads really did not make sense for blogs (unless you have huge amounts of traffic) and that the National Public Radio sponsorship model was more appropriate for blogs. However, there was tons of discussion about ads on blogs, ads in feeds and related issues. I wanted to do the right thing and follow the model that the leading blog thinkers felt was best.

The blog world moved to server-based ads. I do some of that, through Blogads, in part because Henry Copeland was a speaker at our BlawgThink conference, but, now more than ever, I think that a tailored sponsorship model is the better approach. I'll consider any approach these days and it is clear that the ad-based model has become a standard, but I think I should have gone my own way from the beginning.

6. I Would Have Done More Experimenting. I'm really curious to see where today's generation of highly-focused, marketing-oriented blogs go. I think that many of them are great and I learn from them on a regular basis. I also know that most of the long-time bloggers are writing on topics and in ways that are far different and far broader than what they did when they started. It seems that somewhere between a year and a year-and-a-half, many bloggers start to write more personally or to explore new directions. It will be interesting, in a good way, to see what happens with the more corporate blogging efforts.

Some might say that I've probbaly experimented more than most with the blogging form. I still remember the negative feedback I got when I experimented with a blog post written in the third person.

However, there are many things I haven't tried and I'd like to have been more willing to experiment with new features, approaches, audio and the like.

So, I'd add to Steve's list of key points one thing - a willingness to experiment.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

blogiversary

Posted by dmk at 05:18 PM | Comments (3)

Is It True That My Blog Has Its Own Amazon Wishlist?

My working theory is that at some point after your second year of blogging, your blog begins to take on a life of its own. It's more than just that it demands to be fed with new posts every day, like an online Tamagotchi pet.

Bloggers start talking about their blogs as if they are another person and they even have pet names or acronyms for their blogs. Last summer, Doug Sorocco of the RethinkIP blog was in St. Louis and we had lunch. He kept talking about the "Artip" blog this and that. Gradually, I figured out that he meant RTIP. I didn't want to admit that I didn't know about his new blog and I resolved to look it up later. On the drive home, I finally realized RTIP was the insider name for RethinkIP.

I can't believe the number of bloggers who have pet names for their blogs. I've started to refer to mine as DKB. Between Lawyers has, of course, turned into "BL" when we talk about it among the authors. We actually considered what the shortened or pet names might be when we named Between Lawyers.

Anthropomorphize is the technical term for this phenomenon.

So, to make a long story short, I was talking with my blog about the blogiversary week thing. It said, "Shouldn't I be the one getting presents? Let's face it, the audience comes to me, not to you."

A fair point.

My blog then said that there were a lot of things that I had touched on in my posts (actually, it said "our posts") in the last three years that it would like to learn more about. It then said that it would like to put together an Amazon wishlist so that readers could send the blog books and other items it was interested in.

Right. So, I said, "If you can make the wishlist, I'll post about the wishlist in the blog and we'll see what happens." I thought that would be the end of it, seriously, but blogs can be innovative, insistent and persistent. Today my blog reminded me that today is its official birthday and handed me the URL to its very own Amazon wishlist.

Well, a promise is a promise, right? If you like my blog and want to send it a birthday present, you now have a handy list of gift suggestions. Send any gifts to me and I'll pass them along to the blog.

Blogs really do seem to take on a life of their own.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Technorati tag: blogiversary

Posted by dmk at 04:01 PM | Comments (0)

February 14, 2006

Did You Say You Were Offering Some Discounts on Your Services for Your Blogiversary Week?

I did say something about some special discounts for some of my services during my blogiversary week.

I was going to offer some discounts on a few selected speaking and consulting packages, but I decided to do something much simpler.

Simply, if you book any speaking or consulting engagement from me this week (until February 20), you'll get a ten percent discount on the price we agree to. If it's a flat-fee arrangement, I'll knock ten percent off the price. If it's an hourly-fee engagement, I'll reduce my hourly rate by ten percent. It's that simple. The only catches are that you need to book with me this week and this discount does not apply to my legal services or to LexThink services and/or events.

Take a look at my speaking and consulting pages on my website for some ideas of the services and seminars I provide. This would also be a great time to book one of the new legal tech audit packages I've just started to offer.

As I said before, I mean for this week to be a reader appreciation week for readers of my blog.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's legal technology consulting services, featuring RSS and blogging consulting, technology audit, strategic planning and technology committee coaching packages especially for medium-sized law firms (15 - 100 lawyers) and corporate legal departments. More information on the "Second Pair of Eyes" packages for legal technology audits and strategic planning may be found here (PDF).

Technorati tag: legal technology blogiversary

Posted by dmk at 08:00 PM | Comments (0)

February 13, 2006

What Free Downloads Are You Offering for Your Blogiversary Week?

There are five free PDF downloads I'm offering to readers of this blog this week

1. My eBooklet called Preparing Your Law Firm for the Internet Era: 150 Steps Toward a 21st Century Practice of Law (PDF, 324K)

2. My eBooklet on Rethinking Legal technology (PDF, 215K)

3. An introduction to my thinking about electronic discovery technology issues (PDF, 128K)

4. The collection of my articles I republished on my blog last fall (PDF, 740K).

5. My PowerPoint slides from my recent presentation on Trends in Electronic Discovery Technology for 2006 (PDF, 594K).

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Technorati tag: legal technology

Posted by dmk at 02:27 PM | Comments (0)

Announcing the 2006 Blogiversary / Birthday Week at DennisKennedy.Blog

Longtime readers of this blog will know that I like to do something now and then to show my appreciation for my readers.

Last year, I had the idea to use the week of my blog's anniversary (February 15) and my birthday (February 17) - this blog was an early birthday present to myself in 2003 - as a way to have a reader appreciation week. It seemed to work out well last year and I've decided to have another blogiversary / birthday week this year. It's meant to be fun and to help me remember not to treat my blog or me too seriously.

So, I'll have a continuing set of blogiversary-related posts this week and some regular posts as well. I'd also like to answer your questions, so ask away and I'll have some "By Request" posts this week too.

I've put together some special features, some free downloads, some discounts on some of my consulting and speaking packages, and some surprises. And three big announcements below.

I want to thank the people, like Ed Poll, who have already wished my blog and me happy birthday. Best wishes to Ed, who is celebrating his birthday by going to a professional cycling camp, something I'd like to do someday.

Let's jump right into the three big announcements for the week.

1. In a HUGE announcement, NASCAR has decided to recognize my willingness to mention that I am a NASCAR fan, despite the preachy advice you get that lawyers should never mention any personal interests or show any personality on their blogs (especially not for stock car racing or anything else seen by these critics as not professionally dignified), by graciously scheduling this year's Daytona 500 on Sunday, February 19, as the capper to blogiversary / birthday week at DennisKennedy.Blog.

2. As a special gift to my readers who would like to extend the celebration an extra day, the US government has generously designated Monday, February 20, as a holiday. That's the kind of appreciation I want to show for my readers.

3. The Law List on PubSub jumped the gun on this week's celebration by listing DennisKennedy.Blog as the #1 law-related blog on Saturday February 11! To go from our modest blog beginnings to the coveted #1 slot is an accomplishment that I am quite proud of, even if I did notice the irony of achieving that ranking when I didn't post anything that day or the day before. No matter - it was still a #1 ranking and I'm planning to have the screen shot framed. I see that I've slipped to #2 today, but you can still tell that I was #1. I'll let wiser minds than mine try to figure out what that all means.

Please enjoy the week. Take it in the spirit that it is intended. And, thank you so much for reading this blog and being part of the network that it has created.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. Ask us about private LexThink retreats and conferences for your firm, business or organization. Coming soon - LexThink Lounge - April 19.

blogiversary

The official announcement.

Posted by dmk at 02:18 PM | Comments (1)

February 12, 2006

Will There Be A Blogiversary / Birthday Week Again This Year at DennisKennedy.Blog?

Yes, there will - starting tomorrow, Monday, February 13.

Tom Mighell (who is my #1 answer to the question Neil Squillante poses here) asked me yesterday if I really needed a whole week to celebrate my combined blogiversary (#3 - this blog debuted on Februrary 15, 2003) and birthday (February 17, which I share with Michael Jordan and Jim Brown, among others).

The answer, of course, is "Yes!"

I had the idea last year to do a blogiversary/birthday event as a fun, tongue-in-cheek way to have a reader appreciation week and to have an excuse to have some fun on my blog.

You can expect a variety of special posts, giveaways and free downloads, discounts on some of my services, and other surprises. I'll also try to answer as many of your questions as I can in a whole week of "By Request" posts (email your questions for me at denniskennedyblog @ gmail.com). There's way too much stuff going on for me to accomplish it all in anything less than a week.

Expect more details tomorrow, but you can start off with a free download of the slides from my recent presentation on Trends for 2006 in Electronic Discovery.

Long-time readers will know that it's blog features like this one that have brought me criticism from those who believe that law-related blogs must be totally serious and oh-so-professional every second of every day. However, I want to do something to show that I appreciate my audience and that it is important to have fun every now and then. I expect that I'll give them more fodder for their criticism before this week is over.

Stay tuned for more details.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Technorati tag: blogiversary

Posted by dmk at 07:53 PM | Comments (0)

February 06, 2006

What Was Worse: the Super Bowl Game, the Commercials or the Rolling Stones?

I must admit how I am flummoxed at how people who brag about how they use their Tivos to skip commercials seem to watch and study commercials during the Super Bowl.

However, let me address the question.

1. The game was not very good, but Hines Ward had an MVP game and the Jerome Bettis story line was a great one. And the Steelers had a atrick play that worked. The game was not the worst of the three choices, although the clock management of the Seahawks at the end of the first half and at the end of the game reminded me why I don't like to watch college football games anymore.

2. Admittedly, I don't get the fascination with commercials, but I did see a colleague from my old law firm, Andy Puzder, now CEO of Hardee's in a commercial. Being able to say that you know someone in a Super Bowl commercial is kind of cool. So, for admittedly a personal reason, the commercials were not the worst, although I think most of the advertisers would have gotten a zillion times more bang for the buck by advertising on blogs - but you knew I would say that.

3. With all the prep for this event, did anyone think of doing a sound check for the Rolling Stones? The sound was terrible. The recording of "Start Me Up" that plays over the PA at every sporting event must sound about ten times better. I don't think that we need an extended version of "Satisfaction" last night or ever. I found myself thinking, "Let's get back to the game. Will this ever end?" Yet another of those odd cultural events that was better in concept than reality. So, the Rolling Stones get my vote as the worst of the three.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

Posted by dmk at 06:08 PM | Comments (0)

February 03, 2006

Did You Want to Clarify that You Are NOT Part of the USALAW.com Blog Network?

I definitely want to clarify that and correct any misimpression people may have.

One of the best things about my trip to LegalTech was that I got a number of opportunities to talk with Kevin O'Keefe, who I have long admired as one of the pioneers in the use of the Internet by lawyers. Check out this roundtable article we did with Kevin from back in 2000 about virtual communities to learn more about his background and get some insights into his innovative thinking about ways lawyers might use the Internet.

I read Kevin's recent post on the USALAW.com blog network and found myself nodding my head in agreement as I read about the concerns he expressed.

It would be very easy for someone going to that site to see a listing of excerpts of my posts on this blog and conclude that I had applied for and was part of that blog network. THAT IS ABSOLUTELY NOT THE CASE.

I want to make it clear that I have no involvement in the USALAW.com blog network WHATSOEVER. I have not talked with them and, like Kevin, was not asked for permission to have excerpts put on their site. Although what they are doing may qualify as "fair use," I am concerned that people think that I am part of their blog network, endorse it or receive financial benefit from it. THAT IS NOT THE CASE.

It is very likely that my blog will become part of a blog network in the near future and I do not want people to be confused about which network I might be in. In addition, I do not want to lose opportunities to be invited into another blog network because people mistakenly believe I am part of the USALAW.com blog network.

It is possible to repurpose RSS feeds in many ways these days and probably many of those ways will technically qualify as "fair use."

HOWEVER, I have two simple rules for blog networks and other aggregation sites whose business model presumably involves making money, through ads or otherwise, by aggregating other people's feeds or "repurposing" their content where there is no license that explicitly allows for that:

1. Ask yourself how you would feel if someone else took your writing or other creative work and used it in the way you intend to use other peoples' work.

2. Notify people and ask permission, at least as a courtesy, when you "repurpose" their feeds on an ongoing basis, even if you think it is "fair use." Most of the time I will say yes (I let people reprint my articles and posts on a regular basis), but I hate to learn from someone else that my content is appearing somewhere else and that people think that I am involved in the other site, especially when I know nothing about the other site or who is behind it. And I really don't like it when I'm talking to someone about joining a blog network, since it makes it look like I am part of another blog network.

I've already posted a notice about another site that I am not associated with. I'm hoping I do not need to set up a new category for posts in which I announce that I am not associated with blogs or aggregation sites. Just ask me about what you plan to do - it's really easy to do.

Read Kevin's post - he makes some excellent points.

As a final point, as we continue to move into a more commercialized blog era, bloggers do not want to find out that someone unknown to them is making more money off their content than they are, unless they have applied a Creative Commons or other license that allows others to do so. I have not.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 06:52 PM | Comments (0)

January 27, 2006

When and Where is the Blogger Meetup at LegalTech NY?

Tom Mighell and I have put together the details for the Sunday evening blogger meetup we're putting together while we are in New York for the LegalTech conference.

This is going out to everyone who expressed interest in meeting up (bloggers or otherwise) on Sunday night in NYC. Rather than try to find a restaurant that would fit all of us, we decided that you're on your own for dinner. Let's meet for drinks at 8:00 p.m. at the Hilton New York's Bridge Bar. The address is 1335 Avenue of the Americas. It's just off the lobby. The Hilton is where LegalTech will be held, so hopefully you'll all be somewhere in the neighborhood. See you Sunday night!

There's no need to RSVP for the meetup, but you can let Tom or me know that you will be joining us so we can look for you. My guess right now is that there will be ten to twenty people there, but we'll be happy to have as many people join us as are available. And, no, you don't have to be a blogger (or a legal blogger) - just pretend that you are thinking about starting a blog.

Just a reminder that I'll be speaking about Top Trends in Electronic Discovery Technology on Tuesday, January 31 at 3:30 PM as the guest of my friends at Caselogistix.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 04:49 PM | Comments (0)

How Do You Think Nonprofits Can Benefit from Blogs and RSS?

Marshall Kirkpatrick interviewed me via Skype IM last night about this question and a wide range of other technology, blogging, RSS, OPML, legal and nonprofit questions. It was a lot of fun.

He's posted the interview, Communication, Law and Web 2.0, on the Netsquared.org site, where there is a lot of great stuff happening at the intersection of nonprofits and technology, including a cool upcoming conference.

I encourage you to read the interview, of course, but I also hope that you spend some time on the site and see what they are doing and whether there might be ways that you can help.

Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 04:31 PM | Comments (0)

January 26, 2006

Was That Just Your One Thousandth Blog Post I Saw?

Hey, it was! That's cool. One thousand posts. As some wags who think I write long posts might say, "That must be, what, five million words?"

The third anniversary (or, as some bloggers like to say, the start of my fourth year of blogging) is fast approaching. Since my blog's birthday is quite close to my birthday, I'm thinking over having another blawgiversary event on my blog this year. Details to come.

Speaking of birthdays . . . earlier this week I became an uncle again, time two, when my wife's sister and my brother-in-law, Mike and Maureen McLean, became the parents of twins, Ava and Marissa. Everyone is still in the hospital, but it sounds like all is going well. Pretty exciting.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 07:18 PM | Comments (0)

January 23, 2006

How Can Web 2.0 Help 24 and Jack Bauer Fans?

Brad Feld points to the JackTracker, a way to track Jack Bauer's activities on 24 using Google Maps. If you are a 24 fan, this app will give you a nice example of what a Web 2.0 app is.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 08:41 PM | Comments (0)

January 16, 2006

Why is Martin Luther King Day One of Your Favorite Holidays?

As I've written before, I have some historical reasons for considering Martin Luther King Day as one of my favorite holidays. I was also thinking today that this is a reflective holiday, one that allows you some welcome time to reflect after the hustle and bustle of the Christmas / New Year's / winter holiday season.

For 2006, I thought I'd note the day by linking to some of the posts on the day that I especially enjoyed from people like Dan Oestrich, Halley Suitt, Heather Leigh, Bernard Hibbitts, Joyce Wycoff, Lisa Stone, Tom Watson, Betsy McKenzie, Troy Worman, Doc Searls, W. David Stephenson, Paul Caron, Don Blohowiak, Tony Colleluori, Ernster the Virtual Library Cat, Will Richardson, and Marty Schwimmer.

From MLK: "I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become reality."

Technorati tag: Martin Luther King

Posted by dmk at 05:15 PM | Comments (3)

January 13, 2006

What's a Monk-Fest?

My daughter and I are big fans of the Monk TV show. My wife is a much more casual watcher of the show.

So, Grace and I have been gearing up for the season premiere of Monk tonight. Yesterday, she decided to invite three of her seventh grade classmates (also Monk fans) over for what we are calling a "Monk-Fest" to celebrate the new season. I understand that I will be allowed to watch the episode on the same TV that they will be watching, but then will probably have to clear out of the way.

I'm also gearing up for the first four hours of the new season of 24, which starts Sunday night. I've long been a fan of that show. Unfortunately, I don't have any friends who are fans that I'll be inviting over for the premiere. I'll be waiting to see what other bloggers who watch 24, such as Professor Yin and Fred Faulkner, have to say about the new season. However, it'd be more fun if geography weren't an issue and I could watch the premiere with Professor Yin, Fred and a few others simply by walking over to his house or having them over to mine. That's one of the limitations of the blogosphere.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 01:12 PM | Comments (1)

January 11, 2006

What Were Justice Blackmun's Law School Grades?

What can't you find on the Internet these days?

From the "too much about nothing" blog (hey, I gave up trying to find the author's name or I would have mentioned it), it's the list of Justice Harry Blackmun's law school grades from his law school transcript.

Obviously, Blackmun went law school in the days before "grade inflation."

That "C" in constitutional law probably would be a problem in today's world of Senate hearings. Interesting how grades that today would all but keep someone from getting hired at most law firms proved to be no impediment to well-respected service on the Supreme Court.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 06:41 PM | Comments (1)

Are You the Anonymous Editor of the Blawg Review?

All right. Move on. Move on. There's nothing to see here.

I had hoped to stay out of the anonymous Blawg Review editor brouhaha, but now I have people wondering if I'm the editor. I can say categorically that I am not.

While I understand that there are good reasons that people want to blog anonymously (and my point of view on blogging is to let a thousand flowers bloom), the flip side of anonymous blogging is that it can put people who are suspected of being an anonymous blogger into the different position of trying to prove that they are not the anonymous blogger.

I'm now quite sympathetic with what Evan says in his post here about the difficulties of being caught in the middle. I should be even more sympathetic with Evan because I jokingly suggested at one point that he was the famous Anonymous Blogger and then found that far more people than I expected took me seriously.

For what it's worth, until the comments from people close to the situation that were added to Matt's post explained how the whois information pointing to ALM and other "clues" could be misinterpreted, I was utterly convinced by Matt Homann's "Monkish" explanation of the "solution" to the mystery.

As I'm able to understand the logic, the question whether I am the anonymous editor of Blawg Review arises from the following "clues":

1. On Between Lawyers, we have used an anonymous "Lawyer X" character. So, you have a pattern of behavior.

2. If you "Google" the name Ed Post that has been associated with the anonymous editor, you'll find references to a famous St. Louis murder case. This suggests that the editor is in St. Louis or has ties to St. Louis and I've been known to refer to St. Louis as Blawg City USA. (This clue, of course, also points to Evan.) Indeed, by coincidence (or as further proof, depending on how you look at these things), I worked as a staff attorney for the St. Louis court that tried the Ed Post case and, it's possible, but I don't remember for sure, that I might have even researched an issue or two that came up in that case. So, the thinking goes, if the editor is actually leaving clues, I might be leaving obscure clues that point to me.

3. The Blawg Review Awards post, like my Blawggie awards post, was quite long. Long posts automatically get associated with me, I guess. So, the argument would be that a leopard cannot change his spots.

Hmmm, I'm starting to convince myself - maybe it is me. No - I got an email from the BR editor and I know that I did not send it to myself, so I'm certain that it cannot be me.

As impossible as it may be to prove or disprove a negative, I simply point to the name of my blog and ask how likely is it really that I would be blogging anonymously? Some wags might also note that the fact that there was no award for me or my blog in the Blawg Review awards conclusively proves it wasn't me behind the awards. In addition, I could hardly both praise Neil Squillante's BlawgWorld in the Dennis Kennedy character and then criticize it anonymously - that's not who I am. Similarly, after Law.com canned my partner in LexThink, Matt Homann, from its blog network, it would be very bad form, and completely out of character for me, to anonymously do another blog that joined the Law.com network - I'd have some seriously 'splaining to do to Matt.

So, no need to speculate about me or ask me about this anymore. Let's move on. Let me get back to regular blogging. Nothing to see here. As a time-filler until the new Monk season starts on Friday night, though, I do admit that I am enjoying reading about the detective side of the story.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 04:52 PM | Comments (1)

January 01, 2006

Did You Decide Whether You Are Changing to a Question-and-Answer Format for Your Blog in 2006?

I'm going to experiment with the approach for a while.

When I mentioned in a post a little while ago that I was thinking of going to a Q & A approach (a la the Ask Dave Taylor blog (and it was cool that Dave left a comment about that post)), I wasn't as surprised by the number of negative reactions I got as I was by the most common reason that people gave me not to go that route - that I'd find the format too confining.

Maybe I will, but my initial thought was that it would actually be a less confining approach for me and I wanted to shake things up at DennisKennedy.Blog and try a different approach. I think that the Q & A approach will make it a bit easier for me to write more focused posts and maybe more posts, giving me the ability to cover more topics. I suspect that I'll do a mixture of types of posts before I decide whether to adopt the new format completely.

Just to remind people: although I welcome questions from my readers and think that the Q & A approach will generate more of them, the question-and-answer format is simply a writing device where in most cases I'll be writing both the questions and the answers.

Later, I may see what people think of the new format using the cool new Web 2.0 survey tool called Quimble that Tom Mighell just alerted me to.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 07:40 PM | Comments (0)

Happy New Year - 2006

Best wishes to all readers of DennisKennedy.Blog for a great 2006!

To those of you I got to meet and work with in 2005, I want to thank you for getting the opportunity and hope to work with you on more cool projects in 2006. To those I haven't gotten the chance to work with yet, I hope that we get that chance in 2006.

In all events, I truly appreciate what the readers of this blog have brought into my life in the past few years. I hope I can continue to make this blog one of your regular reads.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 07:29 PM | Comments (0)

December 31, 2005

A Reflection on Blogging at the End of 2005

This quote from Rich Karlgaard via Doc Searls captures something essential about blogging at the end of 2005:

Blogging is not overhyped. You may be forgiven for thinking so, as no day goes by without a story on blogs. But blogs are no fad. They are cheap and easy to do. And blogs fulfill that deepest of human needs as defined by psychologist Abraham Maslow: self-actualization. People write blogs because they want to know themselves and want to be known by others and because they want their lives to count. When a communications medium is both riding the Moore's Law cost-capability curve and tapping into a deep need, it's no fad.

All best wishes for 2006!

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:03 AM | Comments (1)

December 29, 2005

Disaster Remembrance Week

Blogs got a lot of attention in 2005 - for a lot of reasons, good and bad. However, there probably has not been enough attention paid to the practical impact blogs have had in times of disaster to assist others in need.

The WorldWideHelp Group is promoting this week as Disaster Remembrance Week.

From the announcement:

"Last December and this January, the online community came together as never before to help in the aid efforts in South-East Asia. The lessons learned there were put to use, and improved upon, when the other tragic events of the year unfolded.

Can we harness that goodwill, that togetherness, that willingness to help once more?

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Disaster Remembrance Week

Posted by dmk at 08:47 AM | Comments (0)

December 27, 2005

Reinventing DennisKennedy.Blog for 2006

I have been thinking quite a bit lately about DennisKennedy.Blog and the directions I want to go with it. I've gotten some constructive criticism lately (or at least I think it's meant to be constructive) and some good suggestions from a number of people.

The four comments that seem to arise most often are: (1) the posts are too long, (2) the blog should have more focus, (3) jokes or other attempts at humor should be labeled, and (4) the posts are way too long.

So, I had been thinking about "reinventing" the blog before I saw Hugh McLeod's great drawing called "if you can't re-invent yourself." Now I'm working on at least a modest reinvention of this blog for 2006. Reinvention, from time to time, is a good thing, I think.

I'm also encouraging people to let me know your ideas and suggestions.

What's in the works? Here's what I'm considering:

1. Shorter posts. People have convinced me that "long posts" should actually be done as podcasts.

2. The biggest change I'm considering is to move completely to a question-and-answer format, much like the Ask Dave Taylor blog, of which I'm a big fan. There's always been a good response to the "By Request Days" (other than by people who got confused the first time I did it). Someone told me that they really liked the Q-and-A format for my writing and, as I've read Dave Taylor's blog, it seems attractive to me. Just to be clear, I'd be making up most of the questions are using the questions as titles of the posts, although I'm sure that the format would lead to more audience questions.

3. One thing that became very clear in 2005 is that blog advertising and blog advertising networks are now considered quite acceptable. I've had some reluctance to go very far in that direction, but now will move in that way. Your sponsor and advertiser inquiries are now welcome.

4. I also think that the blog's focus will be more explicitly on technology - legal technology and the impact that technology has on the law and the practice of law.

But that's just my current thinking - I'm not sure yet what I'll finally decide - and I do have some other ideas as well. I invite your reactions and suggestions.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 01:19 PM | Comments (3)

December 26, 2005

Dan Donovan's Limited Edition, Fine Art Photographic Prints of Busch Stadium

Dan Donovan - professional photographer extraordinaire and my brother-in-law - has partnered with the St. Louis Cardinals baseball team (a long-time client of his) to produce a series of limited edition, fine art photographic prints of Busch Stadium, which you can see and purchase at http://www.dandonovanfineart.com.

As Dan notes, "The last game at the original Busch Stadium was played on October 19, 2005, with the team moving to the new Busch Stadium in 2006. To commemorate both stadiums, this series of prints has been created. There are currently 5 prints in the series, with more in development."

My personal favorite is the one Dan calls "Clouds," but I encourage you to check out the collection and how talented Dan is. Even if you are not a baseball fan or a baseball stadium buff, you'll enjoy these photos. If you are, you'll want to add one of these to your collection.

Dan also does great, creative portrait photography.

The details on the photo series and purchase info can all be found at http://www.dandonovanfineart.com. Be sure to tell Dan that you learned about the photos on this blog.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 11:00 AM | Comments (0)

December 14, 2005

"By Request Day" - What Are Those Funny Symbols in Some of Your Posts?

Here's what I'd like to say: Writing on the Internet requires that you consider a different type of reader and that you accommodate a reader who likes to scan. Although some recommend avoiding long posts, like I have been known to write, if you write long (or short) posts, you want to break things up into short paragraphs, use headings, bullet points, bold and italics, and make the posts easier to read and visually interesting.

The funny little symbols and characters, I'd like to say, are a clever device to create visual interest and give my readers something break up the parade of words on a page.

That's what I'd like to say.

Unfortunately, the real story is this:

I sometimes write posts in Word. In the case of my reposted articles, I create the posts from Word documents. I might also copy portions of Word documents into my posts when I write them.

Unfortunately, in some Word documents I had turned on the "smart quotes" or "curly quotes." For reasons I don't understand, my version of Movable Type does not handle those curly quotes as regular quotes. Even worse, I cannot see that there is a problem when I "preview" he post before I published it. Even worse than that, I don't see the problem in my newsreader when I view the RSS feed for my blog. That's important because I don't often look at my blog in my browser, but I do look at the feed in my newsreader.

What I've learned is that the "smart quotes" and the "smart apostrophes" turn up as odd symbols and characters on my blog rather than as regular quote marks and apostrophes. I then have to edit the original post, change the quote marks and apostrophes (which are visible at that point in Movable Type) and republish the post. It's a pain and it's not a task that ranks high on the priority list.

I've now found a few tricks that usually catch the problem before it happens, but the problems occurs every now and then, especially in the reposted articles. I'll eventually find a more or less fool-proof method, but that's the explanation. If you can visualize a quote mark or apostrophe when you see those funny symbols, you'll know what I meant - but you were probably already doing that.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:06 PM | Comments (0)

"By Request Day" - Read Any Good Books Lately?

I'm always interested in what books people are reading and what they like. I always try to read books that people recommend to me. Lately, my brother and I have been recommending spy novels and thrillers back and forth. A few years ago, I gave him a Robert Ludlum book and he stayed up all night reading it. That started us on passing books back and forth.

There are two books that I've read recently that I highly recommend for the audience of this blog.

The first is Gerry Riskin's The Successful Lawyer - a great collection of practical wisdom on a variety of subjects involved in the practice of law or any other profession. It's also available with a companion audio CD through the ABA Law Practice Management book store.

Earlier in my career, I had the chance to participate in the Edge Group's rainmaker education program at my law firm. I'd rank it among the very best training I ever received as a lawyer. I mention this because this book includes the core principles from that rainmaking course. They're solid, practical and well-supported by my experience.

The book has 49 short chapters, each of which is packed with a punch and great practical tips. In fact, each chapter is like the conversation you would have liked to have with a mentor or experienced colleague during your career. It's a book that you can read quickly, if you want, but also one that you will want to return to again and again and work through the ideas and exercises in it. Add me to the long list of fans of this book. It'd be a great gift for yourself or for a lawyer you know.

The other book I want to recommend is Bob Burg's Endless Referrals, just out in a third edition. Ironically, I met Bob recently via email when I committed one of the cardinal sins of emailing people you don't know - accidentally using the wrong name in the salutation to the email. Even worse, I didn't realize who Bob was until he sent me a polite reply and we exchanged a few emails and got to know each other a bit.

Finally, I realized that Bob was the author of Endless Referrals, a book that I had found quite valuable when I began my solo career. Bob told me that a new edition of the book was out and asked me if I wanted to get an early review copy. Of course, I would.

Bob sent me a copy and I devoured it in one setting. I think that this is a gem of a book that is required reading for anyone who has customers or clients or works with other people. That, I believe, would be everyone. The book is about principles of business networking, but it goes far beyond that.

The money quote:

"All things being equal, people will do business with, and refer business to, those people they know, like and trust."

Think about blogging in that context.

Like Riskind's book, this book is full of practical information that you can really use, including suggested language for certain conversations. I dog-eared a lot of pages in this book. I was also surprised to see how much of Burg's advice from the earlier editions I had internalized and made part of what I do. Even if you have read the earlier editions, the third edition is still a must-read.

As an aside: I've been sounding out a few people about using Skype chat to create a book group to discuss books like these on a regular basis. Let me know if you might be interested.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog)]

Posted by dmk at 08:01 PM | Comments (0)

November 19, 2005

Starting off my Vacation with Ross and Paul

It's nice to take a little vacation.

I started off my vacation visit with my family for Thanksgiving week by speaking with Ross Kodner and Paul Unger at an all-day seminar on legal technology for the Allen County Bar Bar Association. We covered almost every aspect of legal technology during the day and I really enjoyed myself doing the event.

Ross, Paul and I spoke for the same group last year and I believe it was even more fun than last year. As most everyone knows, you won't find anyone more knowledgeable about legal technology and how to present it than Ross is. Paul is also quite knowledgeable and a pleasure to present with.

I took the lead on a digital marketing session and chipped in with a few insights, ideas and tips of my own throughout the day. Well, maybe more than a few, because my voice is gone today. Anyway, the whole day was just a pleasure for me and I left thinking about how genuinely fun the day had been. Thank you Ross, Paul, Maribeth and the other people at the Allen County Bar and all the attendees.

We're back for Thanksgiving visiting my parents, brothers, nieces, nephews and other relatives. I'm planning to take some time to rest and relax and might avoid, to a large extent, the blogosphere and email.

Matt Buchanan of RethinkIP is nearby and we'll probably get together one day this week and that likely means some "rethinking" will be going on. It's unavoidable when you get together with those guys.

But otherwise, I may decide to stay pretty far off the radar for a week or so. I'm sure the blog world will get along just fine without me for a few days.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:22 AM | Comments (0)

November 14, 2005

Blawgspace is a Generous Place - Round 2

If you asked me to pick out my favorite blog posts on this blog, I know that a post I wrote in December 2003 called "Blawgspace is a Generous Place" would always, always be on my list and I recommend that you read it.

On my plane ride home from BlawgThink last night I found that when I wasn't looking forward to getting home to my wife and daughter, I was thinking about that post.

There was a session on Saturday morning, which we had called a "Five by Five" where five of the first and best legal bloggers were going to be asked five questions as an introduction to the day of Open Space discussions. Matt and I were to be the moderators. Just before the session, I talked through the way we would handle the moderating with Matt and how my goal was to stay out of the way of our speakers. I was going to ask the first question and we then alternate asking the questions.

Matt surprised me (and for those who saw my surprise, I can assure you it was genuine) by asking the first question and turning the session into a Six by Five by telling me that I was part of the panel when he asked the first question. When he started asking the question, I couldn't believe that he had forgotten the sequence we had talked about moments before. Of course, as soon as I felt a microphone in my hand, I was ready to join right in.

At more points than you can imagine, I looked down the line of speakers - Ernie, Marty, Sabrina, Tom, Carolyn - who I now know so well and have admired so much for so long, and realized that I am the "baby" blogger among them and that I truly felt honored to be with them and thankful for all the help and friendship they've given me and so many others over the years.

The word I also think about with them is "generosity." There is a generosity in sharing information, insights, time, experience, wisdom and friendship. They and the other "First Ones" of legal blogging - we wish that all of the others in that first group of legal bloggers could have been there, especially Denise Howell and Sherry Fowler - created something unique and special in the world of legal blogging. It's something that made me want to be part of it and to carry on, in my imperfect way, the generosity, helpfulness and sharing that they have always shown.

What's really cool is that each succeeding group of legal bloggers have shown that same generosity, a willingness to help others and a tendency to push toward new forms of collaboration. I get so much energy and so many new ideas from the newer bloggers. They are show their own kinds of generosity and also seem to be reaching out to build bridges and create new kinds of relationships. I don't want to mention names (because this post is already long and the young bloggers love to tease me about my tendency to write long posts), but examples would be the role Evan Schaeffer has played in helping law student bloggers and almost everything the RethinkIP guys have done (even teaching me Skype instant messaging so I can hang out with them in real-time).

These days, you can get all wrapped up and even exercised about the blogging phenomenon, blogging as a marketing or even whether everyone should or should not be a blogger. So much so that you can forget that blogging is ultimately about people and people who care about words, getting the word out, about causes and getting the word out, and about helping people and getting the word out.

From BlawgThink, I 'll remember many things, but the ones I'll carry with all involve people and people meeting people.

As just one example, I knew that BlawgThink was going to be the first in person meeting between Ernie and Marty. From the time I first saw Ernie in Chicago, he kept saaying "I can't wait to meet Marty." He kept asking when Marty was getting in and what time we'd get to meet him. I started joking with Ernie that he was acting like meeting Marty was like meeting the one of the Beatles. Ernie said, "No, it's better than that." Of course, even as I teased Ernie, I couldn't keep from saying, "Marty is such a great guy!" and trying to be sure that I was there when they first met in person.

The meeting was magical, in case you wanted to know. And, one of these days soon, we're all getting out to California, or wherever, to get the whole Between Lawyers group together.

It's easy to get over-analytical about blogging. Today, I see blogging as being about good people with good hearts trying to do good things and make this world a little better place who have found a communications tool that works for us. We don't always succeed and blogging may well not be the right tool for everyone, but sitting on that panel Saturday morning made me feel like I had found a great place and a great community of kindred spirits, and that Blawgspace in 2005 was still a generous place.

As I've also said in another of my favorite posts, which referred to the great song "People Get Ready" - you don't need a ticket, just climb aboard.

Thank you to everyone in any way involved with BlawgThink (especially JoAnna), everyone who has helped on inspired me with my blog, and to all the readers of this blog. And to Matt, I think we really did something we can be proud of - there could have been no better partner to work on this than you, my friend.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog)]

blawgthink

Posted by dmk at 12:04 PM | Comments (0)

November 08, 2005

Randy Holloway and I Are Interested in a Big St. Louis Tech Event - How About You?

Randy Holloway at Microsoft is looking for feedback on the idea of staging a low-cost tech event (perhaps on Web 2.0?) in St. Louis. Count me in. It'd be great to have a big, cool tech show in the middle of the country,

Randy says:

"If a free (or very low cost) technology conference were hosted in the St. Louis area (or perhaps at a nearby university), would there be any interest? Something like this takes about 100 people to gain critical mass."

If interested, please respond to Randy's poll or or email at the addresss he gives in this post.

Randy is a great guy and very passionate about blogging, technology and the tech community. You might enjoy the podcast Randy and I did together a few months ago.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy’s consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 10:14 AM | Comments (1)

October 26, 2005

Al Robert Requests Some Help

Al Robert, an alumni of LexThink 1.0, posts a request for help in the aftermath of Hurricane Katrina. He's a great guy in a tough spot, as you'll see from his post. I wanted to help get the word out and, if you have ways you can help out, please get in touch with Al. As he suggests, "what a difference a day can make," for any of us, at any time.

It's important to remember that the effects of natural disasters do not end for those directly involved as our memories of the disasters start to recede.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:32 PM | Comments (0)

October 11, 2005

The Best Blog Post Title Ever. Really.

Thanks, Cindy. That made my day. The fact is that law librarians are way too underappreciated.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:19 PM | Comments (0)

October 06, 2005

NY Gala for Sclerodema

A few weeks ago I spoke at a conference and got to meet one of my fellow speakers, Tony Colleluori, a renowned criminal defense lawyer, a terrific speaker and a multiple blogger (see his criminal defense law blog and That Lawyer Dude). In a short time, I knew that Tony has a heart of gold, cares about the profession of law and his clients in a way that you seldom see these days, and that he absolutely loves his wife. I also had the sense that Tony would be a formidable adversary if you ran up against him in court. In short, he became my favorite criminal defense lawyer.

I mention Tony's wife because she is suffering from scleroderma, a connective tissue disease that greatly limits what she can do.

With hurricanes and other disasters taking center stage in 2005, the Scleroderma Foundation, like many other lesser-known charities, is struggling to raise funds. Its big fund-raiser is its National Gala in New York City.

If you are in NYC and have the chance to attend the Gala, please consider doing so. You'll get your money's worth just hearing Tony tell a few of his stories. If you can put the Scleroderma Foundation on your list of charities for this year, that would be a nice thing, too. If you know people with extra dollars to help a small charity, please mention this to them. I'm sure that Tony would be happy to provide you with more details.

And while you are thinking about this, please consider the Spina Bifida Association, currently chaired by one of my best friends in the blawgosphere, the amazing (but easily-embarrassed by me making this kind of fuss) Doug Sorocco. See Doug's testimony before Congress on quality of life issues for those with spina bifida here.

I've added both charities to my WhatGoesAround GiveList if you'd like an easy way to contribute to them. If you like my blog, one thing that you can consider doing is making a contribution to one of my favorite charities through WhatGoesAround.org - a cool idea and something I prefer rather than having a "tip jar" on this blog.

[Originally posted on DennisKennedy.Blog (http://www,denniskennedy.com/blog/)]

Posted by dmk at 10:56 AM | Comments (0)

October 03, 2005

Practice Makes Perfect

This one might be the most important post I read today or any other day.

Ankesh Kothari on the Marketing Eye blog has a post called "Practice Makes You Perfect," which focuses on the following quote from Pablo Casals on the subject of practice.

From the post:

"Reporter: Mr. Casals, you're 95 and the greatest cellist that ever lived. Why do you still practice six hours a day?

Pablo Casals: Because I think I'm making progress."

I find that inspiring. How about you?

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 08:58 PM | Comments (0)

September 28, 2005

Announcing a "Do Not Disturb" Sign for November 15

From the press release:

"Columbia Records will release the 'Born To Run 30th Anniversary Edition' box set on November 15. Personally supervised by Bruce Springsteen and Jon Landau, the box set includes "Hammersmith Odeon, London '75," an astonishing film of Bruce Springsteen and the E Street Band's legendary 1975 concert at the Hammersmith Odeon in London; the new film "Wings For Wheels: The Making of Born To Run;" the classic album in remastered CD form; and finally, a 48 page booklet of previously unpublished photographs. With its two DVDs, the package offers approximately four hours of previously unseen footage."

Courtesy of my friend Jim McKelly, who monitors these things for me when he's not winning bushel baskets of teaching awards. Perhaps it will be a good day to try a first listening/watching party via Skype chat?

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 09:02 AM | Comments (1)

September 27, 2005

"By Request" - What are Your Favorite Blawgs?

There are so many good ones that I hate to make a list because I'll later be kicking myself for leaving a great one out. My 2004 Blawggies award list is still a good starting point.

Your question, however, raises a subject I've been thinking about lately. And that is that there are some extremely good writers among the legal bloggers.

Lawyers are usually thought of as writers of, well, legalese. Lawyer bloggers have done a lot to overcome that stereotype. In some cases, some blawg writers have become such good writers than I enjoy them and recommend them for both the writing and the content.

I just want to highlight a few people and do not intend for this to be a comprehensive list.

I want to point first to my colleagues at the Between Lawyers blog. I've become very familiar with their writing both in their blogs and the amazing back-channel email list we have going.

Consider the following:

Ernest "Ernie the Attorney" Svenson - Ernie's posts have long been a pleasure to read, but if you have any question about Ernie's greatt talent as a writer, you need only take a look at a few of his post-Katrina posts. His post on his first return to New Orleans is a gem - touching and determined. Here's some free advice to book publishers: get Ernie signed up to write a book about his Katrina experiences!

Tom "Inter-Alia" Mighell - Tom has become my favorite person to write with and we're now writing two columns together. Tom has a gift for writting short, direct posts that you might take for granted unless you try to write in that way on a regular basis. I often say that I write long posts because it is so hard to write the types of short posts that Tom does so well.

Marty "The Trademark Blog" Schwimmer - Marty is the master of the short, concise, clever and witty post, with a clear and cogent point. Concise, that is, except when he gets going on "political" issues. Read a selection of his trademark posts and I guarantee that you will be impressed.

Denise "Bag and Baggage" Howell - First of all, Denise is known as the absolute master of writing great titles for posts. Another legal blogger told me the other day that Denise's titles are so great that he gets hooked into reading posts where he's not even interested in the topic. Denise has such a great, comfortable writing style. The other day, though, she wrote a post called "NorCal" that I really, really liked, in a great new voice that reminded me of William Gibson, the cyberpunk novelist, who is one of my favorite authors. I've been bugging Denise to write a novel called "NorCal" in that same style.

If you took a vote among long-time legal bloggers on who the best writers among legal bloggers are, there's no question that Sherry "Stay of Execution" Fowler and Evan "Legal Underground" Schaeffer would be at the top of the list.

Evan is such a strong, accomplished writer. He can write in a number of styles and, amazingly for a lawyer, has even made me laugh out loud (intentionally). His blog is a daily must-read and, as I've said before, he is the legal blogger most likely to be paid for writing movie and TV scripts in the near future.

You need only read a few of Sherry's post before you realize that you are in the presence of a gifted writer. I've long enjoyed Sherry's blog for both her insights and her talent as a writer. Of all the legal bloggers, Sherry has had the most influence on me as a writer (Marty's efforts to get me to be more concise have not had his desired impact), and on other legal bloggers as well. Several years ago, we started calling Sherry the bravest legal blogger because of her willingness to write in a direct and personal manner in ways that others of us were very reluctant to do. I admired that greatly and it gradually inspired me to be willing to experiment with some more personal topics and styles. With Sherry, I always come back to how much I enjoy reading her writing and appreciating her talent. I'm so pleased that she's going to devote herself to her writing and encourage publishers looking for a new star to take a good look at what Sherry is writing.

Ah, another long post, but that will give you some of my thoughts on the subject of legal bloggers who are excellent writers.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:25 PM | Comments (0)

"By Request" - How Do I Get an Invitation to BlawgThink?

Some people do not understand the invitation-only approach that we are taking for the LexThink!(tm) BlawgThink event. In part it's due to space constraints, but it it also has to do with our "unconference" approach for this conference and our desire to create the best experience for our attendees that we can.

The first set of invitations have been sent out. With the exception of one rather grumpy law professor, the invitations seem to have been well-received. Just kidding. We invited some of the nicest law professors we know.

We've held some invitations back for sponsors and for a second round of invitations.

All you have to do is get in touch with Matt or me, tell us about your interest and get us your contact info and we'll get you on the list. At this point, we are especially interested in finding non-bloggers who are interested in becoming bloggers (or learning more about blogging) and established bloggers who can provide different perspectives to legal bloggers.

Updates and information on BlawgThink will be provided at the LexThink website, which now contains the agenda for the event. We'll be announcing speakers over the next few weeks.

Also, if you are interested in speaking at or sponsoring BlawgThink, please let us know and we will talk with you about the details.

I hope to see you there, but you will need to request an invitation in order to attend.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. Coming soon - LexThink BlawgThink - the legal blogger unconference.

Posted by dmk at 09:09 PM | Comments (0)

"By Request" - Why Did You Take Most of Your Articles Off Your Website?

Frankly, I made a mistake doing that. Many people told me that I was offering too much free content and I should only offer a few teasers and drive people to buy e-books instead.

I went against my instincts and removed most of them. Now I want to go back to my old approach and probably make some of my PowerPoint slides freely available as well.

What I'm planning to do is to republish most of my favorite articles as individual blog posts to make them part of my blog database. I'll also provide a PDF download option.

I believe it's more valuable to offer a lot of free material on your website, but still provide some options for people to support your efforts through the purchase of convenient collections of materials. That's the approach to which I plan to return.

[Originally published on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's eBooks - Preparing Your Law Firm for the Internet Era: 150 Steps Toward a 21st Century Practice of Law, Dennis Kennedy’s Legal Technology Primer and Unlocking the Secrets of Legal Technology and Technology Law: Finding Your Way in the First Internet Era.

Posted by dmk at 09:00 PM | Comments (0)

"By Request" - Have You Written Any New Articles Lately?

I get asked this question a lot and I always get a chuckle when I hear it. You see, I've always thought that my blog posts, especially the extended ones, were articles.

I've written quite a few articles this year. I've also written some chapters for a forthcoming book (anthology) on information security.

Tom Mighell and I write the monthly "Strongest Links" column on Law Practice Today. I also write, on average, one article every two months on legal technology or law practice management topics on Law Practice Today.

Tom Mighell, Evan Schaeffer and I are writing a regular "Thinking E-Discovery" column on DiscoveryResources.org.

The other two places my new articles regularly appear are on LLRX.com and Law Office Computing. I'm currently working on an article about software updates for Law Office Computing.

Before the end of the year, I'll be writing my annual legal technology predictions article. I have a few other articles in mind. I expect to write two articles on "client-driven technologies," an article on how the combination of CaseMap 5 and Adobe Acrobat 7 may be the perfect tool set for small electronic discovery cases, and maybe something on either Web 2.0 tools for lawyers or the Open Source licenses. These days, I generally prefer to publish on the Internet, either on LLRX.com or Law Practice Today.

My articles do get republished in print and on the Internet on a regular basis as well, so you never know where you might see an article from me.

And, of course, I'm always willing to write articles and white papers for pay on other topics that interest me.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:47 PM | Comments (0)

"By Request" - Why Did You Add an Email Subscription to Your Blog's Feed If You Are Such an Advocate of RSS?

That's a very fair question. My decision to provide an email subscription option grew out of conversations I was having with Matt Homann, Tom Mighell and the Rethink IP guys on this subject. In fact, we all might have been on a Skype chat where we talked about the topic.

Although I think almost exclusively of the subscribers to my RSS feed as my audience when I write my posts, I also realized that a large number of people visit my blog to read it and still use email, not a newsreader, as their primary information information retrieval tool. I was also getting the occasional question about how to subscribe to my blog by email.

In the Skype conversations I mentioned, people were talking about FeedBlitz as an easy way to provide an email subscription to your RSS feed. When I looked into it, I saw that I could offer a choice of email subscriptions that could include one, two or all of the blogs where I write: DennisKennedy.Blog, Between Lawyers and LexThink. That made it an easy decision to try the experiment of adding the email subscription option that visitors to this blog will see in the left-hand column of the main page.

I still think that using a newsreader to subscribe to my RSS feed is the best way to consume this blog, but I wanted to make the email option since so many people still live in the email world.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 08:29 PM | Comments (1)

September 22, 2005

Grace Kennedy's Book Review Published in St. Louis Post-Dispatch

My daughter wrote a short book review for a class assignment that was published (along with one of another of her classmates) in last Sunday's issue of the St. Louis Post-Dispatch - her first print publication. It was part of a cool thing the newspaper is doing to get middle school students to write about what books mean to them.

Regular readers of this blog know that I've posted two of Grace's essays on this blog here and here.

Grace was very excited about this. I was way more excited than I get when my own articles are published. As I've mentioned before, I really like the way her school, The College School, teaches writing and the way they help their students get recognition for their writing.

Because I don't know whether the link to the newspaper site will be permanent, here's the text of the review:

What this book means to me

09/18/2005

I don't think I've ever come across such a descriptive book so close to real life as "Nobody Was Here" by Alison Pollet). It made me really see the cruelness, hard and painful lives middle schoolers can have. I not only recommend it, I love it!

Grace Kennedy, 7th grade
The College School

[Originally published on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 08:00 PM | Comments (0)

September 21, 2005

The ACME Products Catalog

From the the Drawn blog comes a link to an an illustrated catalog listing all of the ACME products that appeared in the classic Warner Bros. cartoons.

From the ACME Atom Re-arranger to the ACME Wild-cat, you'll find it in this great trip down memory lane.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's eBooks - Preparing Your Law Firm for the Internet Era: 150 Steps Toward a 21st Century Practice of Law, Dennis Kennedy's Legal Technology Primer and Unlocking the Secrets of Legal Technology and Technology Law: Finding Your Way in the First Internet Era.

Posted by dmk at 11:30 PM | Comments (0)

September 13, 2005

Thomas Paine and the Tradition of Blogging

Every now and then, you'll see someone refer to Thomas Paine as a blogger or even as the first blogger.

Now, I'm about as big a fan of the Internet as you'll find, but even I realize that Paine was writing well before the Internet was invented. However, it is tempting to picture Franklin and Paine hacking a line of kites with keys tied to their strings in a thunderstorm to create a broadband connection and sending out RSS feeds.

I mention this because I've just finished reading Harvey Kaye's Thomas Paine and the Promiose of America. It's a good book to add to your reading list in this Age of Blogreason.

I'll note that Kaye does not call Paine the first blogger. His coverage really runs from Paine to Reagan (John Kerry gets one sentence, I believe), so you'll have to draw your own blog parallels, if you choose to do so.

The book works at two levels. First, it does a good job of covering Paine's life and works, highlighting major themes. Second, it explores the legacy of Paine and follows Paine's path from popular Founding Father to being all-but-erased from the history books to re-discovery and adoption by a variety of political figures.

The coverage of the mid to late 1800s can seem a little dry (or maybe that was because I was reading that part late at might), but it's a fascinating tale and history well worth reacquainting yourself with.

The best recommendation of the book is that it made me want to re-read or read for the first time all of Paine's works. I understand why bloggers want to claim Paine and non-bloggers see Paine in the blog world. He stands uniquely both before our time and of our time. Kaye's book makes my list of recommended reads for bloggers.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 11:13 PM | Comments (0)

September 12, 2005

"By Request Day" - I Noticed Bruce Springsteen Announced New Concerts. Are You Going to Offer a Discount Again to Customers Who Get You Tickets?

OK, some of you had some fun at my expense because I offered a 10% discount to people who booked my electronic discovery seminar (see link below) at the same time there was a Bruce Springsteen show in town if they got me a good ticket for the show. I'll admit that it was an idea ahead of its time and one not likely to get much traction among law firms. But, you never know.

Well, a new set of concerts has been announced and I'm announcing the same 10% discount offer. Here's the new concert list. Call me for details.

In the meantime, I'll be digging into the new Bruce Springsteen: VH-1 Storytellers DVD, which is a fascinating inside view of an artist's creative process, much like my favorite book of 2004, Twyla Tharp's The Creative Habit.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:11 PM | Comments (0)

"By Request Day" - Does Yvonne Divita's Comment That You Are "Human" Help or Hurt Your Reputation as a Lawyer?

Yvonne Divita is a great blogger and a great person. I met her in person at the first LexThink conference and learned a lot from talking to her about her area of expertise: marketing to women. But I had long admired her blog before we met.

Today, she mentioned me and my blog by saying about me: "Dennis Kennedy: lawyer extraordinaire -- mainly because he's human; sorry, Dennis, we had to say it." Let me say that I was triply flattered. First, just by being mentioned by Yvonne on her blog. Second, for being mentioned on a list with some of the bloggers I admire most in the whole darn blogosphere. Third, for the nice comment Yvonne made about me.

Sure 'nuff, though, someone had to ask whether I thought the comment hurt or helped me as a lawyer. I assume the question addresses the "human" comment, not the "lawyer extraordinaire" part.

Now, I have gotten this comment from time to time in my legal career or the common variations: "you're not like other lawyers" or "you're too nice to be a lawyer."

When I ask people what they mean, they'll say things like I'm helpful, or that I care about people, or that I take the time to explain things so they can understand them, or that I'm, well, human.

Damn, what have the rest of the lawyers been out there doing?

As for the question, I'm still naive enough to believe that being considered "human" has to help my reputation. I'm not ready to believe that we live in a world where it hurts it.

So, Yvonne/Jane, no need to apologize. Your comment made my day.

For those interested in a cool effort to humanize lawyers, take a look at the group blog I'm part of called Between Lawyers. I think that Jane might like that blog too.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. Coming Soon - LexThink's BlawgThink 2005.

Posted by dmk at 08:52 PM | Comments (1)

"By Request Day" - "When People Say 'He Gets It' What Exactly Do They Mean?

I must confess at this point that I was hoping for some easier questions for my By Request Day.

Interestingly, this question comes from someone who I believe really does "get" it.

This comment, as you note, might have several meanings.

First, it can simply mean that you agree with a point that the person has been saying for years and rarely finds someone who agrees with the point. This may be a good thing or it may be a bad thing, depending on who is doing the talking. It's a mixed blessing when someone whom you otherwise think is a wacko starts slapping you on the back and saying that you "get" it.

Generally, however, I think the term gets used to described someone who is able to see the "bigger picture" and appreciate the context in which his field or subject fits. The comment also suggests that you have some ability to see patterns where others don't realize that they exist. That can be a gift or a curse.

Someone who appreciates the fact that Google currently returns an article on Arnold Schwarzenegger as the first result on a search on "he gets it" probably really does "get" it.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:39 PM | Comments (0)

"By Request Day" - Do You Think RSS WIll Ever Be Adopted by the Legal Masses?

The questioner clarified the original question with: "Will a majority of attorneys ever use an aggregator as a primary means for collecting information?"

Let me answer this one by telling a little story. In the fall of 2003, I wrote an article called "Beating Information Overload with News Aggregators." The article initially appeared in the ABA's Law Practice Management magazine and other places as well.

It's probably my best effort at explaining, in very practical terms, what the benefits of RSS and news aggregators are to lawyers and others.

Here's the punch line: I thought the world would change because of my article and lawyers would flock to using RSS and news aggregators.

Lately, people seem to enjoy telling me that I'm still a year or two ahead of the curve on the use of RSS in law.

So, I'm not sure that I'm the best person to answer this question. If I have anything to do with it, the answer will be yes. I think it may take a lot longer than I initially thought.

I look back at that article from time to time. I consider it one of my best articles. I wish it would have had the impact I thought it might have.

We'll all just have to get the word out about the benefits. Or, perhaps better, take advantage of the benefits and make others curious about the edge we are gaining.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:24 PM | Comments (0)

By Request Day - What Do You Think of the Law.com Blog Network Parting Ways with Matt Homann?

Note: Yikes! One of the dangers of announcing a "by request day" is getting unexpectedly busy with work and then having my blogging friends taunt me about "where are the by request posts?" I may have to answer the requests over the next few days.

I kind of expected this question. I was out-of-town when Matt Homann posted about Law.com ending his run on the Law.com blog advertising network (a great post, done with humor, insight, and, dare I say, graciousness) and haven't had the chance to post about it in a thoughtful way before now.

As you know, Matt is both a friend and my partner in LexThink, so it should not surprise you that I come down squarely on Matt's side in this one.

First of all, I was surprised that any publishing/media company would take any action that was within even a hundred miles of opening itself to the possibility of criticism that it was basing its decisions on continuing membership in the network on the content of what a blogger was writing or that it might be somehow being punishing Matt for what he said or didn't say. I'm willing to take at face value that Law.com was going in a different direction with its network, that Matt's blog no longer fit that direction, and that nothing more was happening. However, I know a few people who have privately raised some questions and some eyebrows.

By way of disclosure, I was approached by Law.com to join this blog network very early on and was intrigued by the idea. As it turned out, for some of the same reasons that you don't often see my articles appearing in American Lawyer Media publications or on Law.com, we simply could not come to terms on the basic contract. From my point of view, there were some deal-breakers and we quickly decided that it simply wouldn't work out. I can be a real pain in the ass when negotiating on the rights I want to retain in what I write.

We parted on amicable terms - I liked the idea of the network and I suggested other bloggers who I thought might be good candidates for the Law.com network.

Out of that process, I formed a very high opinion of Lisa Stone, who was putting the blog network together, and would be willing to work with her on another project in a heartbeat. In fact, I agree wholeheartedly with the comments Matt made about Lisa in his goodbye post.

Because legal bloggers are looking to "monetize" their blogging efforts, there has always been a lot of interest in the Law.com blog network. For some of the long-time bloggers, however, neither the business model nor the contractual arrangements of the Law.com blog network really work.

However, if you get any group of legal bloggers together, I can almost guarantee that the Law.com blog network will come up as a topic of the conversation in which people are genuinely interested. In every one of these discussions, people will mention several ways that they think that Law.com could improve the network. There is also speculation about when the competitor legal blog networks will develop and what they might look like.

I will always point favorably to Law.com as a first mover and a pioneer in recognizing what was happening in the world of blogs and seeking to create an arrangement that might mutually benefit Law.com and legal bloggers. Bringing in Lisa Stone to put the network together was a brilliant move.

That said, I do have some concerns about what happened with Matt.

If I had been part of the Law.com blog network and Matt would have been let go in the way he was, I would have resigned, noisily, right then and there. That's me - I'm the theatrical kind. I'm not being critical of the other bloggers in the network, because everyone makes their decisions on their own facts and circumstances, but I am surprised at how little mention I can find about Matt's departure by the other bloggers (I was a little lazy in my search, but presumably it would have shown up highly in Google).

Hey, it took me a month to write anything, so I'm no role model, but it does raise the question whether Matt's exit, and the perceived reasons for it, had some kind of "chilling effect" on bloggers in the network. I'd point to Lisa Stone's post as a good way to handle the matter.

I'm now going to be curious and wonder whether anyone else who leaves the network at this time was asked to leave.

Given Matt's personal popularity and the wide respect he has among legal bloggers, I suspect that it will become difficult for Law.com to attract high-profile legal bloggers to its network. That will also open the door wider to potential competitor legal blog advertising networks. Competition is a good thing! I'd be happy to hear from anyone putting together a competitor network, as I 'm sure Matt and other non-Law.com bloggers would be.

Matt's situation also raises a question (and again I'm surprised that this question arises in the context of an arrangement involving a media/publishing business) about what is really expected in terms of content and editorial control when a blogger joins a blogging network, takes sponsorships or otherwise attempts to "monetize" a blog. I believe from now on lawyer bloggers will want to see guarantees that they can write what they want on their blogs. This issue is becoming more important as many legal bloggers, and Matt is just one example, are using their blogs to talk about a variety of topics that may not be considered "law-related" by some.

I honestly don't know every little detail in Matt's situation, but, for the reasons I mentioned at the beginning of this post, I'll accept his version on his blog as the truth for purposes of answering this question. I simply raise some questions, not criticisms, that struck me (and others I have talked with) when I read Matt's post. My best guess is that while Law.com helped legal bloggers take an important first step toward monetizing their blogs, the second and following important steps will be taken by others.

Just my two cents on a $64 question of the day.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!™ - The Conference, Re-imagined. LexThink!(tm) - Think big thoughts, do cool things, change the world. Coming soon - LexThink's BlawgThink 2005.

Posted by dmk at 07:36 PM | Comments (0)

September 09, 2005

By Request Day #1: Hey, What Happened to Your By Request Day?

I thought I was giving myself enough flexibility by saying that I'd do a "by request day" either yesterday or today. That wasn't the case.

Work got in the way. Sometimes blogging has to take a second seat.

I'll see if I can do some answers to requests (thanks for sending them in) this weekend. If you have a question for me, email it to me or leave it as a comment.

At least my last two days weren't as bad as this blogger's seem to have been.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:35 PM | Comments (0)

September 07, 2005

It's Time for Another By Request Day at DennisKennedy,Blog

One of the things I admire about Evan Schaeffer is the large number of continuing featurettes he has on his blog.

The only featurette I've been able to do consistently, and the one for which I've earned the greatest criticism during my blogging career, is my "by request" days. Come to think of it, I think Evan gets criticized for some of his featurettes, too.

Undeterred by my critics, who, not being bloggers themselves, generally seem to have some misconceptions about how blogging is actually done, I've decided to have another "by request" day.

You know the drill. Email me questions you have for me at denniskennedyblog @ gmail.com and I'll do a series of posts answering these questions on either Thursday or Friday.

I have some questions already in the hopper, but you know that I can't resist trying to answer really interesting questions. Of course, I reserve the right to duck certain questions.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 06:54 PM | Comments (0)

September 01, 2005

The Most Important Post I Read Today: Pollard on Katrina and 9/11

One of my favorite blogs is Dave Pollard's How to Change the World. His post called "Do Events Like 9/11 aand Katrina Make Us Crazy?" has really made me step back and think, as he has captured, synthesized and articulated some of the things I have been thinking about lately. Read it and see what you think, especially his levee analogy. Highly, highly recommended.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 02:33 PM | Comments (1)

August 31, 2005

Karen Kovacik's Metropolis Burning

Karen Kovacik is one of my most talented friends, a highly-respected poet and someone I'm always pestering to start a blog. She's spent a good deal of time in Warsaw, Poland in the last few years and I've always enjoyed her emails and letters from her stays in Poland.

Her newest book, Metropolis Burning, draws in part on her experiences in Poland and has garnered praise from a number of commentators. Anything Karen writes gets my highest recommendation, so I encourage you to read this book.

For those of you in Indianapolis, Karen is doing a reading on September 9.

{Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 06:49 PM | Comments (0)

Hurricane Help - Starting Points (or New Orleans Relief, part 2)

Glenn Reynolds has a great list of organizations you can donate to for assistance in the aftermath of Hurricane Katrina.

B.L. Ochman and Evan Schaeffer recommend the Red Cross as your best choice.

I have not yet seen or heard of systems being set up via Amazon or elsewhere as happened after the tsunami, but would be surprised if we do not see that.

Ernie the Attorney's most recent posts are highly recommended to give you a flavor of what is happening.

If you go to Technorati, you can set up a watchlist (with an RSS feed) to view reports from bloggers and other news updates in one place.

Denise Howell has also pointed to the National Geographic's list of relief organizations.

From the Slidell Hurricane Damage Blog is a reference to a special Craigslist site for New Orleans related to relief and other efforts. A bit more detail on the same topic can be found ont the Lifehacker blog.

There is also a Katrina Aftermath blog that will probably provide good information and resources. Note the recent post about how spammers hit the contact email shortly after the site launched.

Robert Scoble has another good collection of pointers to news and resources. Among them is PoynterOnline, which among other things, points to this useful Guidestar database.

If words don't convince, then John Robb has pointed to a collection of pictures that might.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 05:28 PM | Comments (0)

New Orleans Relief, part 1

I'm planning to collect and post a set of links about ways to help out with the Hurricane Katrina disaster.

For now, however, my biggest relief is that my friend and blogging colleague Ernie Svensen has gotten out New Orleans safely. The posts on his blog about his experience are both touching and compelling. The last email he sent to our private Between Lawyers email list when he first tried to evacuate was harrowing at the time and frightening accurate in the aftermath. I'm very happy that he's out of the city now.

Although lawyers don't often reveal personal feelings, I will admit that I worried greatly over the last few days about Ernie once I learned that he had not been able to evacuate before the storm hit.

It's difficult to comprehend what it means for a major US city to be out of business and all-but-vacant for what may be a period of months.

I will try to post links to relief and other efforts and point to ways people can help.

I was also asked to help publicize the following press release:

"THE ABA WILL HELP HURRICANE VICTIMS

WASHINGTON, D.C., Aug. 30, 2005 – As the eyes of the nation remain focused on the hurricane-ravaged southeastern United States, especially Mississippi and Louisiana, the American Bar Association stands ready to assist those injured by Hurricane Katrina.

ABA President Michael S. Greco has announced that he is enlisting the ABA Young Lawyers Division and lawyers from several ABA sections to assist hurricane victims in the coming days and weeks. The lawyers will assist with insurance claims, home repair contracts, wills and other documents, and related issues.

The ABA has provided pro bono assistance to storm victims since 1978, when the ABA and the Federal Emergency Management Agency agreed to utilize the ABA Young Lawyers Division in staffing a toll-free hotline open to disaster victims.

FEMA is now in the process of establishing a hotline staffed by ABA volunteer lawyers to assist victims in each affected state. A complete listing of the FEMA hotlines and other available legal resources will be posted on the ABA Web site, www.abanet.org, in the coming days."

While legal services are obviously not the first priority at the moment, there are many other things that lawyers and other readers of this blog may be able to do to help. I recommend staying tuned to Ernie's blog for his reports and insights into the situation.

[Originally posted on DennisKennedy.Blog (http://www.denniskenney.com/blog/)]

Posted by dmk at 12:46 PM | Comments (1)

August 26, 2005

Doing My Part to Make the Blawgosphere a Bit More Wry

I returned from the recent ILTA conference and noticed today two blog posts I seem to have inspired.

First, Alex Lubarsky returned from a bit of a hiatus with a great post on electronic discovery issues on his Alextronic Discovery blog. The post mentions that I got to meet Alex at ILTA and notes a comment that I made that was part of the reason that Alex got back to posting on his blog. I appreciate that Alex noticed the wryness of my comment to him. Although I'm flattered, I'll take his kind words calling me a "blawger legend" with a shot of wry.

Second, no list of the very best legal bloggers is complete without the name of Evan Schaeffer on it. I'm honored to have played a small part in Evan's decision to take up blogging. Evan has a new post that he notes was inspired by me in which he wryly discusses at some length the use of the F-word in legal pleadings and his own personal history of using the word in his writing. I'll note, in my own wry way, that I'm flattered to be the inspiration for the post, I think.

All of which reminds me to mention the new "Thinking E-Discovery" column (first column here) that Evan, Tom Mighell (a true blawger legend whose blog just celebrated its third birthday) and I are writing on the DiscoveryResources.org site. By the way, I'll note in a wry way, the only use of an F-word you'll see in our column will be the word "forensics" or the word increasingly being uttered by lawyers who lose cases because they know nothing about about electronic discovery.

Hey, it's great to be back home after a long trip. I'll be writing about some of what I learned at ILTA in the near future.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:07 PM | Comments (0)

August 13, 2005

Metallica Redux

There certainly seems to be no middle ground on my now infamous Metallica post. Some consider it one of their favorites of all my blog posts, while others treat it as the poster child for what not to post on a "professional" blawg because it, horrors, dares to bring in the "personal" element into a "professional" blog. Ironically for the latter group, my post, in part, is about the differences between speaking in an authentic voice and using a calculated and managed voice.

I noted this morning that VH1 tonight is replaying Metallica: Some Kind of Monster. Here's your chance to re-read my post and see the movie that inspired it. Or you can stick to reading only those oh so professional, mono-topically focused blogs. You know what I'd do.

[Originally published on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world.

Posted by dmk at 08:01 AM | Comments (0)

August 08, 2005

Racing in the Street (A First Draft)

Regular readers of DennisKennedy.Blog will be familiar with the recent story line in which my friend Jeff and I decided that we had to try to get tickets to see Bruce Springsteen in both St. Louis and Milwaukee and then successfully got great tickets in both cities. Our plan, which we accomplished, was to take our wives to the St. Louis show (for which we had 4 tickets) and then go to the Milwaukee show (where we had two tickets) as a boys' night out. It was a complicated strategy, requiring coordination of trips to and from St. Louis, Milwaukee and Rockford, Illinois.

As someone once said, mission accomplished.

To our credit, both Jeff and I will admit that there is a certain amount of youthful impulsiveness to our plan and we recognize that some people have quite puzzled looks when they heard what we planned to do. In fact, Jeff's kids asked their mom if their dad had turned into some kind of groupie. On the other hand, it's always good for your children and your friends to understand that there are some things that you are really passionate about. Hey, we've been going to Springsteen concerts for more than 25 years.

As I was driving back from Rockford today, I had the chance to think about the two concerts and my reactions to them.

First, I had to note that, somewhat ironically, our boys' night out concert in Milwaukee ended up with both of us wishing we would have have two extra tickets for our wives. When we left the Bradley Center, one of the first things Jeff said was "Dawn would have really liked this show." In my case, Springsteen played one of his true rarities, "All That Heaven Will Allow," which is the first song Colleen and I danced to at our wedding reception. Heck, I would have liked to have my wife, my daughter and all of my friends with whom I've ever seen a show in the past or would want to in the future be there.

You might want to look at the set list for St. Louis and Milwaukee, or even the newspaper reviews for the St. Louis show.

The long-time fan will realize immediately that the set lists are nothing short of astonishing, with several rarities and a number of tour debuts.

Seeing two shows in two nights also helped me understand the bigger picture and the thematic structure to these shows. More on that later.

If I would have only seen the St. Louis show, I would have simply said that it was one of the best of all the shows I've seen. We had the best seats I've ever had for a Springsteen show and the show had nothing but highlights. My intuition that "Backstreets" would make an appearance proved to be right on target and it was a show-stopper. We also got some of my favorites like "Two Hearts" and "Lucky Town" and thorough treatment of the songs from Devils and Dust. Springsteen's virtuosity as a musician and performer was on display all night and you couldn't help but marvel at his approach to making a one-person show consistently visually, sonically and esthetically compelling. I learn to so much and am inspired at so many levels when seeing one of his shows.

So, move ahead a day and Jeff and I are driving to Milwaukee. My thought was that the St. Louis show was about as good as it gets. I hoped the Millwaukee show would be as good, but thought mainly about how it might be different. What I didn't expect, and honestly could not comprehend because I honestly did not see room for much improvement, was that the Milwaukee show would not only be different but also markedly better, taking things to a whole nother level, as they say.

Anyway, Jeff and I are talking about the prospects for the show. Our mutual feeling is that we are along for the ride and that whatever he does will be great. I venture the prediction that we might get a "Racing in the Streets." Jeff, although he thinks it will be unlikely, repeats his wish that he would get to see a version of "Point Blank." We run through a couple of other possibilities, but mainly we are just two happy guys who are getting to see a second show. We also figure that the "Backstreets" and "Two Hearts" we got the previous night probably at least make us even with our friend Jim who got to see a version of "The Promise" in Cincinnati.

Now let me describe what happened:

1. Shut Out The Light - Here's a song no one could have predicted as an opener. A rare song that I've always really liked. Played on the pump organ to set up bookends with the closing song.

2. Reason To Believe - This other-worldly version of this song amazes me in both its concept and its power. In the album version, this dark song talking about people finding a reason to believe seemed only to offer a sense of hope in the music itself, not the lyrics. In the live version, Bruce deconstructs the song - to the extent you might have found something uplifting in the music, that has been replaced by a blues; the lyrics are sung through a voice synthesizer, giving them a sense of even greater alienation; and the lighting and the performance itself is other-worldly. I find this version incredibly powerful (and, interesting, it also serves the purpose of making the audience more receptive and quieter during what is to come). Jeff had seen this version a few months and go and had talked about its meaning. His idea, which I like a lot, is that by breaking away the pieces of the song which on the album could be interpreted to show why you might have a reason to believe and lighting the stage in red, Springsteen was emphasizing the negative elements - that there is an evil in the world and that your reason to believe or faith must come out of your dealing with the evil in the world. I'm intrigued by that interpretation, but it struck me too that this version of the song forces you to address the question of what gives you a reason to believe in a world where the traditional moorings you have relied on are broken, distorted and all but unrecognizable. It's the question, or the questioning, that's important. That sets up the two songs that close the show.

3. Devils & Dust - This is a great song. What if we are facing just devils and dust, even if God is on our side? I like the way this song works with Jeff's interpretation of RTB.

4. My Father's House - A rare gem. A treat to get to hear this one. Jeff has elbowed me and said, wow, two out of the first four are new ones for the tour.

5. Long Time Comin' - This song has grown on me greatly in two nights. Springsteen talks about his own children and the lyrics here have quite a wallop for any parent. In the course of two nights, Bruce has done an interesting thing: although the song is clearly done in a character's voice, Bruce talks about how he might be too cocky in his payoff line: "I ain't gonna fuck it up this time" and, after talking about changing the line in St. Louis, sings the line as "I hope I ain't gonna fuck it up this time." By the way, you do get some adult language in this show.

6. Frankie - Oh my God! Frankie is probably my favorite of all of the obscure non-album songs. It's rarely been play at any time. I might have even mention it to Jeff as something that it wasn't even worth thinking about because the odds of it being played were to great. The show has just entered the realm of magic and I'm starting to wonder if it really is possible that the second show could be better than the first.

7. Back In Your Arms - A reprise of the opener from St. Louis. I'm really liking this song. I'm starting to wish Colleen had come with me.

8. Ain't Got You - I had been thinking about "She's the One" all day. Ain't Got You is in the "She's the One" family. Played on the coolest white guitar.

9. State Trooper - Can't imagine a better version.

10. Nebraska - Four out of the first ten songs from Nebraska! Another rare treat. I really had no idea what could follow the crescendo that had been created.

11. Reno - Now I see that this song is one of the structural points of the show. It's not that it is a logical follow-up to Nebraska, but it's a return to the show's structure - a touch-point. I'm somewhat uncomfortable with this song, more so because it is a story-song than because of its sexual explicitness, which is also somewhat discomforting. I've made some peace with the song, though, because I like it's use of a film-noir style of flashback and visual imagery (hotel blonds, e.g.)

12. All That Heaven Will Allow - Bruce notes that the show has gotten a little dark and he needs to prove that he is a guy who writes happy songs. As I mentioned, performances of this song are extremely rare and it was the song we chose for our wedding. I would be the guy with tears running down his face. Very emotional moment.

13. Point Blank - I think I heard Jeff gasp. All of the comments I've read about the show point to this song as a highlight. We saw one of the earliest performance of this song at a concert in 1978 and the song is powerful just in itself and for the memories it evokes. I'm thrilled that Jeff's wish came true.

14. Racing In The Street - Several people designated me to participate in that music survey thingy that a bunch of bloggers did. To be honest, I couldn't have even limited myself to a top 5 Springsteen songs, let alone a top 5 of all songs, so I've never done the survey. If you forced me to pick one Springsteen song as my favorite, this song would be one of the finalists and might be the winner. It touches the great mystery in a subtle and endlessly fascinating way, ultimately proving more interesting to me because of its indirectness than the more direct "Something in the Night," another song that I really like.

15. The Rising - My opinion of this song keeps going up. I like the whole The Rising album (and would love to have heard the acoustic blues version of "Counting on a Miracle"), but if we only get one, this is a great one to get. And, hearing "Nothing Man" the night before was another rare treat.

16. Darkness On The Edge Of Town - Yet another version of this song. This one, back on guitar, may be the best of all.

17. Jesus Was An Only Son - Part lecture, part song, derived from the version he did on VH1 Storytellers, this is nothing but great.

18. Leah - A beautiful, beautiful song. If I could learn only one song to play well on guitar, I'd be more than happy for it to be this one.

19. The Hitter - Not my favorite on the new album and another story song, I've grown to appreciate it more. Interestingly, it has some of the out-of-body imagery that you find in Reno. That continuing sense of other-worldliness, of being separated from what is stable, trusted and what you are accustomed to.

20. Matamoras Banks - Another story song, which keeps me a bit detached (by this, I mean that I basically learn the story - it has a beginning and end - and that it becomes to easy to focus on and grow tired of the narrative over time). Here Springsteen makes a political comment about the need for a humane immigration policy that is more strongly made by the song. After the build to this point, the last two songs don't seem to have the energy to cap off the show, but the version of Matamoras Banks is a beautiful one and definitely appreciated by the audience. Today, I began to think about the theme of connection that runs through this show and understood how MB really works well as a thematic capper. The sense of alienation set out by "Reason to Believe" reaches a nadir of sorts in a song about someone who dies in the effort to cross over into a new kind of connection.

(encore)

21. Open All Night - Amazingly, the fifth song from Nebraska. A rocking, cool version that's a great encore stopper.

22. Growin' Up - You've gotta be kidding me. Another special and rare treat.

23. Does This Bus Stop at 82nd Street? - The show now seems almost historic with a second song from the first album. Fascinating line: "What's the dope? The dope is there's still hope."

24. The Promised Land - The first three songs are encore songs. Now, we turn to the two-song set conclusion. Here I think the thematic circle gets closed. In this version, this well-loved classic gets slowed-down and each line of the lyrics emphasized. The guitar is turned into a percussion instrument. The performance is both virtuoso and shocking innovative. I'm not sure what else it is like. So, here we have arrived at deconstructed "Promised Land." What does "promised land" mean in today's world? Reason to believe? Promised land? What have we gotten ourselves into? What do we teach and pass on to our children in a world that has stopped making sense to us? Where have we come to?

25. Dream Baby Dream - The resolution, perhaps. In recent tours, Bruce has closed with one of my favorite songs - Land of Hope and Dreams. That song now seems incongruous for where we may now find ourselves. Reluctantly, it has to go. What replaces it is an astonishing parallel "Reason to Believe," in its own way as other-worldly and strange (it's not the closer anyone could expect - I'm not sure how many people would have the vision to conceive, image and produce this performance and then have the courage to actually do it). A simple description will not do it justice. It is repetitive, like an incantation, almost shamanistic. You will not see anything like this at any other concert you will be going to this year. The phrase "dream baby dream" and similar phrases are repeated over and over in a swirling fashion, layered over a earth-shaking swirling pump organ soundtrack. It builds and builds until Bruce walks off the stage and the unattended organ finsihes the song. Then the lights come up and the show is over. It is disconcerting as hell, but it does present an answer to reason to believe. The answer is in the questioning, the mystery, the courage to face it and give voice to efforts, to search, to test, to put out in front of the world what you have, at least so far. Ultimately, it's about using your voice, your creativity and your art to deal with any increasingly alien world of terror, fear despair and a sense of brokenness and to create a new world through communication and new connections.

Summer is here and the time is right
To go blogging in the street.

Jeff: Thanks for talking me into going to these concerts.

Note: This is a first draft that was posted without editing and probably will be revised, cleaned up or otherwise changed in the future. Typos, alas, probably made it through to the published post.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:08 PM | Comments (0)

August 03, 2005

Anticipating a Springsteen Show

One of the cool things about the Internet is being able to track the Bruce Springsteen tour as it tracks toward my town thanks to the great Backstreets website (how about an RSS feed, though?). The last few shows have been jaw-droppers for long-time fans and I can't wait until I hear from my friend Jim about the Cincinnati show. I assume that he will be speechless for a few more days after seeing a performance of "The Promise."

The money quote from that one, by the way, is:

"When the promise is broken you go on living
But it steals something from down in your soul
Like when the truth is spoken and it don't make no difference
Something in your heart goes cold"

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy’s eBooks - Preparing Your Law Firm for the Internet Era: 150 Steps Toward a 21st Century Practice of Law, Dennis Kennedy’s Legal Technology Primer and Unlocking the Secrets of Legal Technology and Technology Law: Finding Your Way in the First Internet Era.

Posted by dmk at 08:50 PM | Comments (0)

July 28, 2005

Confessions of an Economic Hit Man

There's nothing like finding a good spy thriller novel to read for the summer. Oops, this one may well be the real story.

I really enjoyed Confessions of an Economic Hit Man by John Perkins, which I found in the new books section at my local library when i was looking for some good summer reading. It gives an insider's view of recent economic history and US dealing with what we tend to call the Third World.

Perkins posits the theory that what he calls the corporatocracy has led to more troubling results than any conspiracy we might imagine.

What's an "economic hit man"? Perkins says: "Economic hit men are highly paid professionals who cheat countries around the globe out of trillions of dollars."

I found this a good summer read that makes you think and go hmmm from time to time. I'll let others debate the "truth" of all this - I recommend it for the summer reading list, if only to get one answer to that question, "why do so many in the rest of the world seem to hate the United States?"

[Originally published on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:13 PM | Comments (0)

July 27, 2005

The End of an Era in American Industry

My Dad would not want anyone to make any fuss over this, but I learned last night that today is my Dad's last day of working and he is now officially retiring.

We all knew that he wasn't going to stop at age 65, nearly 4 years ago. Early this year, my Mom said that Dad was talking about actually retiring. Then Dad said something about it. Then we heard maybe the end of July. Then we heard that he had actually gotten the paperw to fill out.

As I mentioned, Dad wants no fuss over this and I'll say simply that Dad's retirement is well-earned and that, obviously, much of my work ethic and attitudes about work, working hard and doing good work were learned from my Dad and his example.

It'll be interesting to see what Dad does in his retirement. He just bought a 1953 Ford pickup to restore and my brothers apparently have plans to get him involved in some of their projects. My daughter has some plans to get him to teach her how to weld one of these days when we get back to visit them in Indiana. However, I suspect that Dad might take a day or two to relax.

[Originally posted on DennisKennedy.Blog (http://www,denniskennedy.com/blog/)]

Posted by dmk at 09:21 PM | Comments (1)

July 26, 2005

A Big Thank You to Canada

I want to send a big thank you to Canada for sending a big cold front down that broke the back of the hellacious heat wave we've had in St. Louis.

This morning, I rode my bike very early in the morning and felt that it was the most uncomfortable day yet. This evening, my daughter and I caught the leading edge of the cold front as we picked up a pizza. Disappointingly, the leading edge hadn't reached our house by the time we got home (about 2 miles away). A few minutes later, the wind started and the temperature dropped a good ten degrees. Yes, that was me dancing around the front yard.

After the last many brutally hot days (including those days where the forecast predicted a heat index of 125 degrees(!)), it was very welcome relief.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:27 PM | Comments (1)

July 25, 2005

Why Aren't Kids Going into IT (or Law) These Days?

Mitch Wagner at Information Week has set off a fascinating discussion that, frankly, has some profound implications, with his blog post "Why Kids Aren't Getting Into IT."

The money quote:

"Kids these days are worried about money and survival, in a way that we haven't seen since before the baby boom. The kids who will enter college in a few weeks are kids who turned 14 when the planes hit the World Trade Center. They spent most of their adolescence, the time when kids get ready to enter the world of adulthood, learning about terrorism, war, the economic downturn, outsourcing, layoffs, increasing deficits, the health-care crisis--am I leaving anything out here? They resemble, in outlook, the generation that grew up in the Depression and fought in World War II. They grew up knowing the world is a scary place."

I don't know if Mitch is right, worng or somewhere in between, but his post prompted quite a discussion in the comments section and it strikes me that he raises some questions that we all should be spending a lot more time thinking about these days.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!™ - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world.

Posted by dmk at 12:16 PM | Comments (0)

July 06, 2005

July 04, 2005

Independence Day Readings

I've gotten into the habit of re-reading the Declaration of Independence on July 4. I have thoughts about that today on Between Lawyers.

I'm not sure why I've begun to do this. In one sense, I assume that I do so because I think that it still speaks to me or, at least, that I think that it should still be speaking to me. In another sense, I'm interested in its vitality and the nergy that lives in the words. Lately, I'm fascinated by the act of courage that it embodies and the way that it shows that there are times and places where the course of events makes it imperative that you do things your own way.

Recommended reading if you have a few free moments today. Or, like me, you might decided to make the time and take a few minutes out of your day to read it. Think about it.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(tm) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world.

Posted by dmk at 08:22 AM | Comments (0)

June 28, 2005

Springsteen on the Floor - Part 2

For those of you who were curious . . . .

Doctor Jeff and I had great luck on Saturday, landing sixth row, orchestra pit tickets for the St. Louis Springsteen show. These are the best seats I've ever gotten for a Springsteen concert. Our results for the Milwaukee and St. Louis shows almost make up for the terrible luck we've had for the last few tours.

For those of you who like to keep track of these things, my best reserved seats for concerts have probably been:

second row, right in the center, for John Cougar Mellencamp; second row for the Joe Strummer version of the Clash; second row for Neil Young on his great tour with the country band, the International Harvesters; fourth row for Midnight Oil; and fourth row for Neil Young's "grunge" tour. I'm probably forgetting something that a friend of mine will remind me about.

This doesn't count the results of various efforts to work my way to the front of shows, especialy in the days of festival floor seating before the Cincinnati Who concert tragedy (like others of my age, I do know someone who was knocked to the ground in that incident, but fortunately was not hurt). I'm also not counting shows in very small venues.

There are, of course, plenty of not-so-good seats on my concert list.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy’s eBooks - Preparing Your Law Firm for the Internet Era, Dennis Kennedy’s Legal Technology Primer and Unlocking the Secrets of Legal Technology and Technology Law.

Posted by dmk at 10:00 PM | Comments (0)

June 24, 2005

Like Burningbird, We're Burning in St. Louis

Shelley Powers accurately captures the today's summer feeling here in St. Louis in her post "Don't Visit St. Louis." It's demoralizing and a little dangerous. This afternoon, My daughter and I drove over to the bookstore and passed two banks with signs indicating the temperature was 105 degrees. And it's that wet, humid kind of heat. Apparently no relief in the forecast.

Steve Nipper was in town yesterday at the rethink(ip) tour made its second stop in St. Louis in recent weeks. Doug Sorocco was here a few weeks ago. We got a few hours to have a great conversation, but I think that Steve experienced enough summer weather to be in hurry to get back to Idaho.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:11 PM | Comments (2)

June 23, 2005

Summer Reading Recommendation - Stealing History

I finished reading Roger Atwood's Stealing History: Tomb Raiders, Smugglers, and the Looting of the Ancient World last night and recommend it as a good book to add to your summer reading list.

It's a sad and compelling story about the staggering level of looting of ancient graves and archaeological sites, giving both some history and a glimpse at the unprecedented level of plundering of cultural heritage of countries, the loss of knowledge of ancient civilizations and the trade that facilitates it all. What are we doing to ourselves? This is stuff that we all need to know about.

A rain forest here, a previously unknown civilization there - pretty soon it adds up to something tragic.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:35 PM | Comments (0)

June 21, 2005

Scott Brewer, Indianapolis Poetry Reading

It's been one of those stretches lately where I keep hearing from my college friends.

My friend and Indiana poet Scott Brewer sent me a press release about his new book of poetry and a reading scheduled for next week in Indianapolis. I can guarantee that Scott will do a great reading - he was a great actor in college theater, with tremendous presence, and his performance in a theatrical version of Rashomon was as good as anything I've ever seen on stage. He was also known to slip into verse when hurling insults (and the occasional firecracker) at other friends across the courtyard at our fraternity house on otherwise quiet evenings in battles of words that became legendary, so perhaps this poetry thing is not so surprising.

In other words, Scott is a good friend and a great guy and I'm thrilled as can be about this new turn in his career and his return to the arts.

If you are in Indianapolis, take the time to check out Scott's show, tell him I sent you, and ask him how he got the nickname "Buck." I wish I could be there.

Here's an excerpt from the press release:

The Big Car Gallery and the Poetry Alliance of Indy collaborate for local poets reading and book release event on the 26th of June.

A local poets reading and book release party for Indiana Instinct - Everyday Blues a book of poems by local author Scott Brewer, will be held on Sunday afternoon, June 26th from 4 pm to 7 pm at the Big Car Gallery <http://bigcar.org/pr/>. The gallery is located on the second floor of the Murphy Arts Building, 1043 Virginia Ave., Suite 215, in Indianapolis. Scott is a member of the Poetry Alliance of Indy <http://www.webspawner.com/users/poetryjam/> and received a 2005 Indiana Arts Commission Individual Artist Project grant to publish his first book.

Brewer has been writing poetry for 10 years, and has taught poetry workshops for the Education Center of Tipton County. He is a member of the Writer’s Center of Indiana. The subjects of the poetry found in Indiana Instinct - Everyday Blues range from love, family, and friends to art, music, and other poets from an Indiana viewpoint.

[Originally posted on DennisKennedy.Blog (http://www.denniskenedy.com/blog/)]

Posted by dmk at 11:20 AM | Comments (0)

June 20, 2005

On the March with General Sherman

I've been spending most of my spare time in recent days immersed in reading the two volumes of General W. T. Sherman's highly-regarded memoirs. I read the presumably definitive Library of America edition, which has much to recommend it, except that I wish they would have bumped up the font size a notch or two.

I found the memoirs absolutely compelling and recommend them to anyone wishing to take on a big reading project (over 1,000 pages) that will greatly reward you for the effort.

I have not written yet about the recently-concluded season of "24," but there was a fascinating parallel in the way that Sherman barely had a chance to rest after ending the war before he was under heavy attack from politicians with their own agendas.

A few other observations:

1. Over and over, I was struck with the notion that here is the portrait of the truly competent man, one who gets things done.

2. I was fascinated by the Sun Tzu-ian way that Sherman's genius at strategy was revealed in the battles he did not fight. Time after time, you see him approach entrenched, well-positioned and fortified forces, and then maneuver in ways that the opposing forces retreat from those seemingly superior positions.

3. Although Sherman's reputation for "telling it like it is" is well-deserved, I was also struck by his generosity. How many famous people would prepare a second edition of their memoirs with the goal of correcting mistakes and allowing people who disagreed with his interpretation of events to submit their stories and printing them in that second edition? In an odd sense, the appendix to the memoirs almost feels like a comments section of a blog.

4. Sherman also seemed to be one of those people who was everywhere and knew everyone in the 19th century and the memoirs abound with fascinating stories of the California Gold Rush and a variety of other events and figures in addition to the compelling story of his war years.

The money quote (for me):

"Some men think that modern armies may be so regulated that a general can sit in an office and play on several columns as on the keys of a piano; this is a fearful mistake. The directing mind must be at the very head of the army - must be seen there, and the effect of his mind and personal energy must be felt by every officer and man present with it, to secure the best results. Every attempt to make war easy and safe will result in humiliation and disaster."

Sherman's work has application in many areas, but I hope that people at the Pentagon are still reading this one, along with John Robb's Global Guerillas. I didn't plan this, but so far this year I've been reading a lot on military strategy - Alexander the Great, Patton, John Boyd and now Sherman.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:35 AM | Comments (0)

Springsteen - On the Floor

My pal Doctor Jeff saw the Chicago stop on the current Bruce Springsteen tour and raved about it. He got in touch with me when the new US tour dates were announced and said that we had to try to see the shows in St. Louis and Milwaukee.

A quick look at the recent set lists shows why. That, and a 27 year tradition since the first Springsteen concert I attended - a magical show at Notre Dame in 1978.

So, Jeff and I, more like a couple of college kids than the seasoned professional services providers that we are, were on the Ticketmaster website ready to go on Saturday morning and talking on the cell phone so we could make a snap judgment about the quality of the seats we might get and whether to forego poor seats at Milwaukee to roll the dice on concentrating on St. Louis tickets next Saturday.

After a few failed attempts, Jeff says, "I got floor seats." We decided to take them. 19th row on the floor - some of the best seats I’ve had for a concert in quite a while.

However, there's always room to improve, and we'll see what we can do for the St. Louis show when tickets go on sale next Saturday.

I'm starting to get the bug for this tour. Here's my new discount. If you book my half-day electronic discovery seminar and provide me with a good seat for a Springsteen show in your city on the evening before the seminar, I'll waive my travel expenses. The tour calendar is here.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:04 AM | Comments (1)

June 14, 2005

By Request Tuesday - What Do You Think About The Recent Discussion And Interpretations Of The Legal Marketing And Advertising Rules As They Apply To Blogs?

To be honest, I find them impossibly confusing. I generally write about this issue on Between Lawyers, but since you asked, I'll take a stab at it here.

By way of background, I think I first started speaking about legal ethics rules for web pages back in 1996 or 1997, so I have some history on these topics. I think that the web page rules evolved in a fairly straight-forward way, with a few standard requirements, usually being the placement of some disclaimer language.

What concerns me is that there appears to be a trend of not treating blogs under the web page rules, as would be logical, amd instead treating them as some new kind of animal.

Personally, I see the debate from the academic viewpoint. My blog is, as I say repeatedly, an experiment in writing. It has nothing to do with my legal practice – ask the legal marketing people if they recommend writing about Metallica documentaries and NASCAR to advertise a legal practice. To the extent I use my blog to promote anything, I promote my speaking and consulting businesses.

In fact, lately I have done all my law-related posts to Between Lawyers, which is an educational and, hopefully, an entertainment vehicle, not a law practice marketing or advertising vehicle.

Some people do not understand why I have taken this approach. Allow me to illustrate. At the recent Missouri Solo and Small Firm Conference, I had a discussion with the main education specialist for my legal malpractice carrier about whether a Missouri lawyer may do legal work for non-Missouri clients under the current or future multi-jurisdictional practice rules. Most lawyers will know what the answer was.

If I used my blog to "advertise" my legal practice, I'd simply get inquiries from clients whose work I couldn't take. The current ethics rules make it all-but-impossible as a practical matter to refer work to another attorney and try to take a referral fee – the reasons are far to complex to get into while sitting in a drum store - so there's no reason to try that approach.

As a result, I've decided not to mention my law practice on my blog. I market the law practice in non-Internet ways in Missouri, although I provide standard information on my website, as I have done for almost ten years.

The recent discussion and interpretation have given me concern that I still might not be doing enough and that the mere fact that I am a lawyer who writes a blog will make me subject to a regime of rules designed for lawyers who run yellow page ads, billboards and the like.

As I said, I find it all confusing and hope that, as was the case with web pages, there is a move toward clear and easy to follow rules.

As an interesting aside on this whole legal advertising rule, I'll note that when I was in large firms, my friends in small firms complained all the time that there was one set of ethical rules (as they were enforced) for big firms and one set for small firms. I used to laugh at them and tell them to chill out. Now, I find that I'm talking like they were.

Here's an example. I received a blow-in card with a publication that was an ad for the Orrick law firm.

The ad had a very large green "$O" and then made a reference to how they "win cases" in the first sentence.

As you probably know, the recent talk about blogs has focused on creating unreasonable expectations of results, mentioning past successes, and unsubstantiated factual comparisons.

I admire Orrick for being willing to prepare and use an ad that seems to go right in the teeth of the type of reasoning that has been used in connection with blogs. I simply don't have the guts to do anything like that. I suppose that some cynical small firm lawyers will say this is another example of one rule for big firms and one rule for small firms, but I simply think of it as being "aggressive."

To be crystal clear, I personally have no problem with the Orrick ad - I actually like it. I'm just confused by the interpretation of the advertising rules as they apply to lawyer blogs.

And that's the end of another edition of By Request Tuesday. Thanks for your questions.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:05 PM | Comments (0)

By Request Tuesday – How Do We Know Which Questions Are Real Requests And Which Ones You Make Up?

Hmm, I'm not sure that I do either. I've noticed that I tend to ask me easier questions.

The important point is that the answers are all real and that's what matters.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:04 PM | Comments (0)

By Request Tuesday - Are You Wasting Another Whole Day by Answering These Questions or Otherwise Neglecting Your Work?

I'm writing this post and many of the other posts I'll put up this evening while sitting here in a drum store while my daughter has her drum lesson. I think that even the strongest critics of lawyer blogging will think that this is OK.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:00 PM | Comments (0)

By Request Tuesday – Did You Ever Decide What to Do about Ads in Your RSS Feed?

Yes and no. I decided to take a wait-and-see attitude until June 30. I decided that if there is not clear community consensus that ads in feeds and ads on blogs are a bad thing or will get me shunned, I'll go in that direction if I find sponsors or advertisers who are interested in paying me to do so.

I just have never been convinced that the Amazon tip jar was a good way to go.

I still struggle with the issues of independence, objectivity and the like. And they are very difficult issues. One of the most interesting approaches someone suggested was to move away from sponsors and advertisers in the legal technology space (my most natural sponsors, but also the ones that raises the thorniest issues for me) and seek out advertisers outside my subject area. I think I was flattered that the two sponsors he mentioned first as examples were Jaguar and Mercedes, but his idea of looking at banks, credit card and financial organizations, rental car, airline and travel companies and others for whom my audience is a good match struck me as a good way to bring in revenue while avoiding the different types of conflict issues that can arise when you use sponsors who are in your field. Unfortunately, I have the contacts in the legal tech industry, but I don’t know how to get out to the decision-makers in the other types of companies. I'd appreciate any help on that. It seems like there would be a niche for a marketing person who could pair up blogging sponsors with bloggers. And I'm referring to sponsorships rather than traditional online advertising approaches.

The answer: We'll see. June 30 arrives soon and I'll look into some options. I welcome any inquiries.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:58 PM | Comments (0)

By Request Tuesday – How Many RSS Feeds Do You Currently Subscribe to?

My favorite piece of writing this year was the post I called "Heart of Blogness – My Journey into Scoble Country," which told my tale of getting up somewhere north of 1,000 feeds in my newsreader.

I recently talked with someone who had 778 feeds in his newsreader. I told him that it took 1,000 or more to impress me.

My answer: I don't know. I'm in the process of pruning the list and probably will delete any feed that is not a full-text feed (unless it's really good). It's a lot. I might have crept back in Scoble Country, but I won't admit to that.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:53 PM | Comments (0)

By Request Tuesday – Will You Be Writing a Book?

I get asked this question a lot. I've been talking with Yvonne Divita about turning my eBooks and perhaps other writing projects into books or booklets that Yvonne would publish through her print-on-demand publishing business.

I've written three chapters of the brand new fourth edition of Flying Solo, published by the ABA's Law Practice Management Section. The book's official release is June 28 and there is a pre-publication discount available. I've seen page proofs for a good number of chapters and I was a co-editor of the technology chapters. I think it will become a must-have book for any lawyer (and perhaps other professionals as well) who has started or plans to start a solo practice.

I've also contributed a couple of chapters to an upcoming ABA book on information security issues.

For the most part, however, I'm more interested in shorter works and audio these days than book projects, although I do discuss ideas people have for me from time to time. I've turned a couple of those down. I have talked to people and have found myself receptive to the idea of doing a co-authored or multiple-authored book.

And, every time I see someone mention as a new and novel idea something that is in the draft of the book project I worked on in 1998 called "The Fully Connected Law Firm" (publisher went out of the publishing business in mid-project), I get tempted to resurrect that project.

However, I don't foresee any new books for traditional publishers on the horizon as solo efforts from me.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:46 PM | Comments (0)

By Request Tuesday – Will You Be Doing Some Podcasts?

I have been talking with people about doing audio seminars or podcasts for the past year. As you may know, I've done a couple of webinars for Fios on electronic discovery and I've been pleased to hear about the traffic the on-demand electronic seminars I recorded for Merrill have done.

Zane Safrit of Conference Calls Unlimited interviewed me for what technically was my first podcast.

People have talked to me about a number of types of podcasts or "internet radio" shows. Examples have included a regular interview show and a "reader's guide" to what's worth checking out in the blog world, in addition to webinars on various topics. It should surprise no one that we have been talking about both a Between Lawyers podcast and a LexThink podcast.

To this point, I've been the hold-up because I wasn't convinced about the medium. My opinion has changed dramatically in recent weeks and I've been telling people that listening to the Adam Curry / Ron Bloom Podshow Strategycast was a watershed event for me.

I've become very intrigued by the medium and its potential. I want to explore the idea of podcasting and potential podcast efforts with much more urgency. I'm about to start actively looking for partners, sponsors, producers and others who want to work with me in producing shows in the podcast medium.

I think that means the answer to your question is "yes."

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:34 PM | Comments (0)

June 09, 2005

Rockin' the Legal Blog World

Steve Nipper follows up my now infamous Metallica post, with his new post on Guns N' Roses and intellectual property law on rethink(ip).

The money quote:

"So. Where do you stand? For you, is it about the fans or is it about the music? Are you willing to rethink the band if they won't change...if they aren't willing to produce the music fans want?

Sometimes someone has to get their act together and rethink the band."

I spent a very enjoyable day today with Doug Sorocco, another of the rethink(ip) guys, who was in St. Louis for the day. I got the chance to learn more about the rethink(ip) vision. Trust me, these guys definitely rock. They've made me do some rethinking.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/]

Posted by dmk at 09:29 PM | Comments (0)

June 08, 2005

Knowledge Work as Craft

Jim McGee has fascinating post called "Apprenticing at Light Speed" about "knowledge work as craft" and the strains that the pace of change place on the apprenticeship model (we are all apprentices).

The money quote (among many choices):

"That leads me to my more fundamental concern about apprenticing our way to improved knowledge work; where are the Jedi masters? Where is that senior research scientist who already understands how to connect robotic gene sequencers and bioinformatics? Where is that senior investment manager who understands how to connect new derivative-based financial instruments with electronic markets? If those people even exist, do they have any real skill at helping those who work for them learn better and faster? How should their managers help them strike the right balance between advancing current knowledge work practice and educating those apprentices in the appropriate mysteries of the craft?"

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:17 PM | Comments (0)

June 06, 2005

The Verizon Follies: My Continuing Cellular Comedy

My friends get the biggest laughs from my experiences with cell phones. I don't have good luck with cell phones. In fact, I once had to reboot a cell phone because I locked up the cell phone OS trying to see how the IR interface worked.

Ironically, the only thing I really care about with a cell phone is its reception. A few years ago, after unhappy experiences with reception from other carriers, I switched to Verizon. How's it working? You know those “can you hear me know?” commercials for Verizon – I want them to send that guy out to my house.

I once had to call Verizon customer service and, for fun, made the call from my basement. They actually asked me if they could call me back on a land line. I mentioned that, although I was calling for other reasons, my reception at my house and in the areas I would most like to use the phone was terrible. They immediately said that they made no promises about reception.

When I ride my bike, I always take my cell phone in case of an accident or emergency. Today, I was driving along a stretch I ride on a regular basis and noticed no bars on the cell phone. I hope that I don't fall or have the bike break down there.

On the other hand, my reception when I am out of town is usually awesome. I once recorded my message on my voice mail while I was out of town because the reception was so much better.

However, my favorite story comes from a trip we made through Indiana last year on the return home from visiting my parents, brothers and relatives. We wanted to stop at the Indianapolis Speedway and wanted to check as we approached Indianapolis on the availability and times of a track tour. By the way, calling from the road is one of the main reasons I wanted to have a cell phone. I could not complete any calls. I wanted to call customer service, but simply could not find the number under any of the menus. Undeterred, I tried a few tricks to generate an error message and one popped up that gave me a number to call.

After about 20 minutes on the phone, we got the advice to "try the call from a pay phone." I love that.

On Friday, I was going on a family camping trip with my wife's family at Meramec State Park, one of the most popular state parks in Missouri. The park is a few miles from the town of Sullivan, which is right on I-44. In other words, it is not in the wilderness.

I had a conference call scheduled that I planned to make from the campsite and planned to return some other calls. At the time to be on the conference call, I noticed that there was no service available. It's fair to say that this was not something I expected – but, hey, a little professional embarrassment builds character.

As it turned out, this was not just a Verizon problem. No one else there could get a signal on their carriers either. Later, my brother-in-law determined that if you stood at a certain spot near a certain tree using a Sprint phone, you could get a signal to make a call, but you couldn't tell if the person on the other end could hear you.

I recently went through a 24-hour period where I had phone calls with five of the most tech-savvy lawyers in the country and, in each case where someone was on a cell phone, the sound quality of the call was atrocious.

If I hear people talking on cell phones these days (and I will invariably hear them because they are talking so loud), the side of the conversation I overhear goes something like this: "What! Say that again! You're cutting out! I didn't catch the last part of that! What!"

I don't know about you, but I'm starting to have some doubts about this whole cellular system. It seems like we are moving backward, rather than forward. It's not great for making calls, at least for me, but it's given me some great stories.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:04 PM | Comments (0)

May 26, 2005

William Lind on Cabbages, Kings and Cessnas

Robert Coram’s biography of John Boyd has fuelled my interest in Boyd, OODA loops, military strategies and Fourth Generation warfare. This will come as no surprise to those of you who know that I always list John Robb’s Global Guerillas as one of my favorite blogs.(Well, a blogger has to have some hobbies).

Boyd is considered one of the most brilliant strategists of the recent era and I highly recommend Coram’s book about him.

The good news is that Boyd, now deceased, has a number of colleagues who carry on his tradition. I think that you have to be up to speed on these matters to have a chance of trying to understand our modern world.

A week or so ago, I was talking with a former cop about the recent Cessna incident in Washington, DC air space. No matter how we tried to put some kind of positive gloss on that incident, we failed, and I walked away from the conversation feeling a bit more pessimistic.

William Lind’s essay, Of Cabbages and Kings, helps me understand why the incident and the response to it is disturbing. Lind is one of Boyd’s proteges. As we approach Memorial Day, you might want to set aside a few minutes to read Lind’s essay.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:09 PM

May 25, 2005

I Like the Way Matt Handled This One

I know that Matt Homann has agonized for the last few months over an issue involving an old blog posting he made about LegalMatch. The situation was, at many levels, not really of his own making, but it had put him in a tricky spot.

It also made it difficult to make the decision to move LexThink into the business of private conferences (in addition to more public conferences, to be announced soon). With LegalMatch as the first private LexThink customer, it became important for Matt to reach a decision about how to handle his LegalMatch issue.

Matt reached his decision today and publicly announced it today. I really like the decision Matt made and the painstaking and careful process he took to make that decision. He's asked for people to let him know what they think about the decision he made. Let him know.

For me, I'm more pleased than ever to be working with Matt and Sherry on building out the LexThink vision. I might miss the conversations I've had with Matt over the past few months about LegalMatch, but I definitely look forward to the room it will free up to talk more about where LexThink will be going.

DISCLOSURE: To the extent any fee LexThink receives from LegalMatch is not plowed back into LexThink development efforts, I'll be entitled to some share of the fee. I believe that this has no impact whatsoever on the opinions I express in the post, but you should factor it in to your evaluation of what I've said here.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:13 PM

May 24, 2005

Blogs as Marketing Tools – Drawing a Negative Inference

I've been confused and irritated lately because of the way an "All Request Tuesday" feature I did on my blog has become the poster child for some about the dangers of blogging for lawyers.

In fairness, I expected some criticism for the feature, but not for the reasons some have chosen to use - reasons that often show a lack of understanding about the standard mechanisms of blogs and a surprising willingness to paint with a very broad brush, using some troubling assumptions.

It disturbs me that the comments and questions have a negative effects on other bloggers and probably caused Evan Schaeffer to change his approach to blogging.

Since my blog is designed and intended NOT to be a marketing device for my law practice, it's surprising that people have singled it and me out for criticism on this topic. I expected a backlash against blogs and bloggers in 2005, but I didn't expect that the backlash would hit me, especially for the reasons I've seen and heard.

Ah, well, it gives me something to blog about.

Here's the story.

A few months ago, I realized that I had a bunch of email messages, article excerpts, draft posts and ideas lying around that I was never going to get around to polishing into posts for my blog.

I came up with a couple of ideas. One was to publish them as they were and identify them as "scraps and workshop" in honor of the NRBQ album of tht name. Another was to have an "idea garage sale" a la Matt Homann and publish them by that approach. The other idea was to write a question that introduced each of them and have an "all request" day.

I liked the last approach because it suited the pieces well, had some theatricality to it and might even lead to people sending me requests. And it has.

My concern was that people would see what I was doing and criticize me for pretending to answer "real" questions from my "audience." I decided it was worth the risk, and that it would be fun.

So, over a period of weeks, I put the "all request" day together and had a whole set of posts collected in a Word document.

On the appointed day, I sent the posts out over the course of the day, trying to give the illusion that people couldn't stop asking me questions. The people I talked to seemed to get the joke, and there was a lot of good material in those posts that would still be sitting on my hard drive if I hadn't taken that approach.

I ended up getting some questions from readers that I've answered on other Tuesdays.

Lately, I've become aware that my effort has raised fundamental concerns about the use of blogging by lawyers.

How so, you ask?

Let me try to describe the concern. Apparently I am a better writer than I thought I was, because a good number of people seem to have thought that I spent the day answering questions from my incredibly enthusiastic audience. The key clue – they studied carefully the times of my posts!

For the record, I've never paid attention to the times of anyone's posts. As most bloggers know, the time of posting and the time of writing can be hours, days or even months apart. Some bloggers even set up automatic posting at future dates and times (what I might well have done for that "all request" day if I had gotten around to learning how to do that).

So, I now find that people have taken two fundamental misapprehensions – that I was actually answering questions in real time and not publishing "old inventory" and that I was writing and publishing in real time – and jumped to the conclusions that (1) I spent the entire day blogging, (2) I spend all day every day blogging, and (3) most disturbing, they are concerned that I am not serving my legal clients. Some have even written about this without bothering to check with me.

Whoa! I hope that they put more effort into research and logic with their legal work than they did in constructing that argument.

They have gone on to raise the question whether a lawyer who blogs can devote adequate time to doing legal work.

I can't believe that I have to make the effort to explain this stuff, but here are a few things to think about. Please excuse me for taking the liberty of combining some of the questions and comments I have heard and making the kinds of generalizations people seem comfortable using when discussing bloggers. In other words, I may be using rhetorical techniques like hyperbole to make my points. As I said, I'm irritated by all of this.

1. In St. Louis, many lawyers have season tickets to Cardinals baseball games. If you factor in time spent watching away games on television, playoff games, and the like, a lawyer might well spend 800 to 1,000 hours a year in baseball-related time. Where is the vocal criticism of the devastating impact of this common activity in keeping a lawyer from servicing clients or generating enough billable hours? Writing 3 to 5 blog posts a week might take a couple of hours a week. How am I supposed to take the comments about blogging and its negative impact on lawyers seriously?

2. When you live in the world of billable hours, you put a price on your time, not a value. I'm surprised that these critics do not raise the issue of elimination of sleep – a fundamentally unproductive use of billable time.

3. It probably will come as no surprise that, as someone well-known throughout my career for meeting deadlines (and getting things done quickly and early), that the insinuation that I am ignoring clients to blog irritates me greatly. I haven't checked the ethics rules, but I do know that those kinds of unfounded and unconfirmed comments about other lawyers are corrosive and destructive to the profession in general. I can only be responsible for the way that I manage the expectations of my clients, not for the way that you manage the expectations of your clients. Believe it or not, I might not practice law, or live my life, like you do or you seem to want me to do.

4. I left my old law firm to practice law on a part-time basis and to leave the world of accounting for my life in 6-minute billable increments. If I were still in that world, I might not blog in the same way I do now. I'm still confused why people hold me to the same standards as those who are most immersed in that world. I'm trying not to be like them.

5. I'm willing to take the chance that my clients and others out there like them are more interested in finding someone with my personality, my interests and my approach than they are a totally law-focused billing machine. I've grown to believe that many of the problems we face are made more difficult to resolve because of lawyers who focus on legal issues without a consideration of broader issues.

6. So what even if I would have taken a day to concentrate on blogging all day long? Who cares? I don’t raise hell when you spend a day golfing. In fact, I'd encourage you to take a day off to get out to the links to release a little of that pressure you seem to be under lately.

7. I've said this hundreds of times: I started my blog as a writing experiment. That's what it is and what it is about. It's not an advertisement for my law practice nor is it intended to be. I know what a blog to market a law practice should be like and it's not what my blog is. No one ever believes me about my blog being an experiment in writing, but that's what it is. I woke up one day with 300 publications, decided I was a writer, and decided that to keep things interesting I wanted to write in new ways and see if I could develop a new audience. A blog was the perfect vehicle. I can't understand why people don't want to believe me about that.

8. I think that the critiques show more about the psychology of the critics than it does about anything else. I've tended to find that the people most concerned about others goofing off and not taking care of their clients are the ones with the most problems in those areas. I'm not being critical of anyone, just making a general observation – just like they did about me.

9. I don’t bother you, so why are you bothering me? Why didn’t you ask me a few questions directly before jumping in with both guns blazing on a subject you know way too little about and then painting all legal bloggers with a negative broad brush.

10. Back to work. To what client are you planning to bill the time you spent reading this post and thinking about a reply? Not implying anything – just raising an issue for discussion. As you might say to me, nothing personal.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:52 PM

May 19, 2005

Bert Stern, Teacher and Dennis Kennedy, Student

This post is dedicated to Evan Schaeffer.

Evan Schaeffer wrote eloquently about his teacher Walter Ong in a post unfortunately obscured by the interest generated by the change in the name of his blog.

The post helped me understand and appreciate what Evan is trying to do with his blog, his approach to writing, his immense talent as a writer, and the gift of having a great and influential teacher. Forget about the discussion of changing the name of Evan's blogs and blogs as lawyer marketing tools - the post on Walter Ong is the post from Evan that you should be paying attention to.

As I've , Bert Stern is the kind of teacher for me that Ong was for Evan. Evan's post and Bert's recent essay called Being Here prompted me to dig back through my archives and pull out an essay I wrote in 1997 on the occasion of Bert's retirement.

+++++++

Bert is fond of the Eastern saying: "When the student is ready, the teacher appears." So am I.

Twenty years ago, I was a sophomore math major who had just learned that Bert would be my professor in my second semester of the required "Cultures and Traditions" class. I received a number of vague warnings about Bert from my frat brothers, mainly about the possibility of a downward movement in my g.p.a. I was a bit wary, but never expected how the next three semesters would rock my world.

What I remember about that C&T class is how day after day Bert opened doors, finding clear connections between things that once seemed to have no connection. His classes were the most challenging and powerful presentations I'd ever experienced and every day I thanked Wabash's random number generator for assigning me to his class.

I spent many hours over the next three semesters (Bert was on sabbatical in my senior year) sitting in Bert's office, talking away the afternoons. Bert invited me to take English 97, the course for junior majors, as my very first English course. I struggled that semester with thoughts of big issues, punk rock and of the inadequacy of my math classes to give voice to what I needed to express.

I remember one afternoon when Bert and I talked at length about Yeats and, as I rose to go, Bert said, "So, when are we going to get you to be an English major?" I was one class away from meeting the math major requirement. I would have to take eight or nine English classes in the next three semesters to become an English major. I took the path to the English major.

I did most of my best work at Wabash for Bert, although usually on the second try. Bert is a great editor. He's very hard to please, but you gradually realize that he's not working to get you to please him, but to please yourself, to raise your own level of excellence.

In English 97, Bert suggested that I do a paper on Yeats and I immersed myself in the process, reading everything I could find and talking to Bert on a regular basis. I wrote a draft of the paper and gave it to Bert.

I remember his disappointment with that draft. Not that it wasn't good in its way, but that it could have been better.

I walked back to the fraternity house, mulling over his comments. I sat down in my room and then began to write. For a period of six or eight hours, I kept writing, without a pause, completely re-doing the whole paper. I typed it up and knew that I was much closer to the real paper that had been inside of me.

I gave that paper to Bert, and the smile I saw after he read it let me know that it was much closer to the paper he had seen inside me and that he saw the enormous step I had taken.

Bert and I have stayed in touch ever since Wabash and we were talking, by e-mail, before his retirement event. He has a friend who is a shaman from Central America and they had been talking about the need for ritual and ceremony at a point of transition like a retirement. Typical of Bert, the ceremony he was thinking of involved the sacrifice of a large farm animal.

But it also called for the exchange of small gifts which had special meaning. As those who attended the event know, the Department gave everyone a copy of Bert's "Little Poem" on hand-made paper. I gave Bert a bound copy of the Yeats paper.

The animals made it through the event safely.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog)]

Posted by dmk at 05:31 PM

Bert Stern, Being Here and Communities of Trust

Bert Stern is the most influential teacher in my life. So much of what I try to do flows out of what I learned from and with him as a college student and through a 25 year correspondence.

I want to share with you a recent essay by Bert that appeared in the newest issue of Wabash Magazine. It's called Being Here and captures something essential about Bert and what it takes to create a life that has meaning. It was a joy for me to read and I sincerely hope that you take the time to read it as well. Trust me on this one.

There is a phrase Bert uses in the essay, "community of trust," that captures perfectly an idea I've been working toward over the last few years. I often use the term "communities of interest," but that never felt quite right. "Communities of trust" describes it perfectly.

It won't surprise you that Bert is someone I've been trying to edge closer to the idea of blogging.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 05:13 PM

May 18, 2005

Coast to Coast and Back

Whew, I'm back from back-to-back trips to DisneyWorld (ABA Law Practice Management Section meeting) and Palm Springs for the Marcus Evans Legal Technology Summit (my favorite non-LexThink conference of the year). Reflections on those events will be forthcoming, but I had a great and quite productive time.

It was also a grand blogger tour. I got to co-present with fellow Between Lawyers blogger pal Denise Howell and spend time in board meeting and DisneyWorld rides with fellow Between Lawyers blogger pal Tom Mighell. I also got to spend time with blogging pals Fred Faulkner, Jim Calloway, Reid Trautz and Ed Poll.

My wife and daughter thought DisneyWorld was our best vacation trip yet. As I think about walking out of the Magic Kingdom after the fireworks and several rides on Space Mountain with my wife, daughter and Fred Faulkner, and seeing Mickey Mouse wishing everyone a goodnight, I have to agree.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:22 PM

April 25, 2005

I Fought the Allergies and the Allergies Won

St. Louis is considered one of the allergy capitals of the United States.

I've been really suffering this spring. Frankly, it's demoralizing to get into my car and have to turn on the windshield wipers to clear enough pollen off to be able to see to drive. My maroon car looks green.

Until recently, the main effect was on my eyes. Last Friday, I decided that, come hell or high water, I was going for a bike ride. I put on a mask and packed an inhaler and went out for a ride.

The ride was good. The price I paid was pretty steep - sinuses and lungs. I've been pretty knocked down for the past few days. With luck, the allergy season will end soon, but this seems to be a brutal spring allergy season in many parts of the country. If you are suffering, you definitely have my sympathy and best wishes.

But, I really want to get out on my bike soon. Biking is like blogging - once you get into the rhythm, it's difficult to break the routine, especially when it's not your choice.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:33 PM

Guest Author - Sacagawea: Native American Explorer and Heroine

I've previously published some of my daughter's essays on this blog. My daughter, Grace, is a sixth grader at The College School in St. Louis. I am so impressed with their approach to teaching writing skills. If you are someone who has the ability to direct donations or funding to a school, then I strongly recommend that you consider The College School.

Earlier this year, she wrote the following research paper on Sacagawea. It's her very first research paper. Although (and I know some will find this ironic) I thought that this paper was a little long for a blog post, she said that she'd like me to post it on my blog. She was proud of the paper and she received high marks on it. Her mom and I are proud of her and the paper too.

I've taken out the footnotes and bibliography (for my convenience).

=========

Sacagawea: Native American Explorer and Heroine

Many people have probably heard of Sacagawea, one of the most well known and respected Native American women. She helped lead Lewis and Clark, and the US Corps of Discovery, on the historic journey to explore the Louisiana Territory and find a water route to the Pacific Ocean. Not as many people know that Sacagawea was pregnant and had her baby on the expedition. Her path from the wilderness of Idaho to lasting fame was as difficult, filled with adventure, and as mysterious as the Lewis and Clark expedition was.

Sacagawea was born around 1789 in eastern Idaho, as a member of the Shoshone tribe. She did not remain with her Shoshone tribe for very long. When Sacagawea was around age ten, the Minnetarees, a rival tribe, captured her, and they took her to the North Dakota border region. Before her capture, she lived with her family, her parents, two brothers, and her sisters.

At around age 14, after about four years of living as a captive of the Minnetarees, Sacagawea was sold to Toussaint Charbonneau, a French-American fur trader. Charbonneau and Sacagawea were soon married, and a short time later, Sacagawea became pregnant.

Charbonneau was hired by the US Corps of Discovery around 1804, and was required to bring Sacagawea with him for two reasons. If she came, she would help the party make peace with the people they met on the expedition. They also needed her to be their Native American interpreter and guide because she knew both the languages of the tribes they might meet and she had lived in an area they would be exploring.

Sacagawea helped the crew and made important contributions. At one point, she even saved Lewis and Clark's journals, which would have sank if she had not rescued them. These journals are a national treasure, and without the help of Sacagawea, we would know much less about the expedition.

During the expedition, they actually returned to Sacagawea's homeland. When she returned to her tribe, she found her brother who was now the chief of the tribe. After much celebrating, the tribe wanted her to stay. However, Sacagawea chose to continue on the expedition, even though it was dangerous and she would leave her brother behind. Sacagawea’s choice is an important part of the story that made her famous.

People still greatly respect Sacagawea today. She is one of the most famous women in history and memorials to her can be found in many places. She has more statues of herself than any other woman in the United States. She is even on a coin. Originally, the one-dollar golden coin was going to have Susan B. Anthony on it, but the design of the coin was changed to Sacagawea carrying Pomp (her son), on her back.

Lewis and Clark thought very highly of Sacagawea. Clark wrote many journal entries about her, praising her for all the good work she did. Lewis and Clark named a river after Sacagawea, known as Bird Woman’s River, and an incredible sand feature after Pomp, known as Pompey’s Tower. Clark wrote a letter to Charbonneau; praising Sacagawea for all that she did. Charbonneau was paid $500.33 for his services on the expedition, but Sacagawea was paid nothing. Even though Sacagawea was unpaid, she was rewarded with lasting fame and has made an amazing impact on our American history today.

There is a mystery about Sacagawea's death. One theory says that she died of “putrid fever” on December 20, 1812. Another theory points to a Native American woman named Porvo. If Porvo was Sacagawea, then she was married several times, had more children, and was reunited with her son, Jean Baptiste. Those who knew Porvo said that she knew the inside facts on the expedition, spoke French, and talked about sun stories known to the Shoshone. Porvo died on April 9, 1884. Scholars today believe that Porvo was most likely Sacagawea).

Sacagawea was very important to both the success of the Lewis and Clark expedition and to our history. Sacagawea was captured and sold as a child, and then sold again to Charbonneau to be his wife. She became an important member of the Lewis and Clark expedition, saved the expedition journals, was reunited with some of her family, and was greatly praised by William Clark. Sacagawea had an incredible life, resulting in becoming very famous. She is a Native American hero, and should always be greatly respected. Nearing the end of the expedition, Sacagawea realized that both America and her native land would soon change. All the places they had explored would be open to the people who would follow Lewis and Clark west. As Sacagawea would say, "This was the end of my journey; this was the beginning of a Great Change."

- Grace Kennedy

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 07:58 PM

April 20, 2005

Just an Ernie Kind of Day

I played a Professor Longhair CD today and felt like I needed to pick up the phone and call my New Orleans pal Ernie the Attorney. However, even as cool as Ernie is, it's cooler to be listening to the Professor. So, I didn't make the call.

In fact, on the list of my great musical regrets is never getting to chance to see Professor Longhair do a show in New Orleans. I might write about some of the other regrets one of these days. It's interesting how my Professor Longhair regret now has expanded to include "and seeing the show with Ernest Svenson." Such is the impact of blogging.

It turns out that Ernest was busy doing more of the things that make him the coolest legal blogger.

First, Shel Israel's recent interview with Ernest has been posted and, as usual, Ernest's insights are worth reading and thinking about.

Not to reveal any secrets, but a significant number of people who do not blog have made comments to me that "all bloggers do is talk about is blogging." The funny thing is that when bloggers get together, they talk very little about blogging. You'll notice that in this interview Ernest is always moving toward something more interesting than blogging. After the recent BlawgConnect 2005, a number of legal bloggers commented to me about how little of the conversations actually dealt with blogging.

The other thing that people have told me is that I should not start another blog - that I'm doing too many.

People do way too much calculation about blogging. If you really like blogging, you end up wanting to do what fits you best and blogging for yourself, not for calculated marketing reasons. The Achilles heel in the current "you must have a blog for marketing purposes" fad is that the most long-lived blogs have such strong and clear individual voices. The jury is still out on how corporate-voiced blogs will work in the long run.

Ernest today also announced his new blog called Tech Feng Shui, which he calls "the blog I really want to write." That kind of talk gets my full attention. I got an early preview of the blog and will say that it's a blog that I really want to read.

Although only a few people actually believe me, I chose the name of my blog so I could go in many directions as different areas of interest and voices evolved. Even so, I've almost started two new blogs this year already (that's in addition to Between Lawyers). I really like the way that Ernest has used the new Tech Feng Shui blog to cover an important topic that doesn't fit the Ernie the Attorney blogger persona.

Need any guest posts on Tech Feng Shui?

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:02 PM

April 15, 2005

Blogs: Can They Help Your Growing Business?

I've had the good fortune of having some excellent writers interview me about blogging and then use my quotes as part of the great articles they write. I'm grateful to them for including me in the articles and making me appear to be wiser than I am.

The most recent example is Ron Ameln's very useful introduction to blogging called "Blogs: Can They Help Your Growing Business?" The article appears in the always useful St. Louis Small Business Monthly, which includes a couple of high quality articles from Ron every month.

I'm in fast company in this article, which includes quotes from some of the business bloggers I admire most. In fact, I'd be happy to be able to carry the notebook computers of these bloggers around for them for a day, let alone be quoted in the same article with them.

How good a journalist is Ron Ameln? He wrote the story and it motivated him to start his own blog. It's called the Business Growth Weblog and his description is quite apt: "Helpful tips and strategies to take your small business to the next level. In this blog, Ron Ameln, small-business journalist, shares some of the secrets to business success." That makes him a darn good journalist in my book.

Read Ron's article - check out Ron's blog. I'll mention to Ron that he needs to get an RSS feed going.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 05:51 PM

Blogs: Can They Help Your Growing Business?

Read Ron's article - check out Ron's blog. Update: Here's the feed.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 05:51 PM

April 12, 2005

By Request Tuesday - "What do you think about the law professor blogs getting LexisNexis sponsorship money?"

I wrote some of my thoughts on this sponsorship announcement on Between Lawyers today.

It's almost impossible for me to be opposed to anything that earns bloggers money, although I find some irony in this since I've taken some heat from professors (none of the law prof blog network profs) when I've written favorably about bloggers making money from ads and sponsorships.

I truly doubt that any blogger is getting anything close to the value of the exposure that his or her blog brings to advertisers or sponsors. I think people will look back on these early blog sponsorships as some of the greatest marketing bargains ever.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:34 PM

By Request Tuesday - "What Will Be the Impact of the Between Lawyers Blog on DennisKennedy.Blog?"

First of all, I'm already very proud of what we've done at Between Lawyers. It's a fantastic group to be part of.

I suspect that the main effect that you will see is that most of what I write on technology law issues will appear on Between Lawyers. I'll probably focus my writing on DennisKennedy.Blog on the legal technology and other musings categories. That's not set in stone, however.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:22 PM

By Request Tuesday - "Is it my imagination or are your posts getting even longer?"

Is this Marty Schwimmer? That's an inside joke.

I try to vary between long posts and extremely long posts. Seriously, though, I do try to mix short and long posts.

Ironically, it's often quicker and easier to write long posts than short posts. Short posts often take more time to edit and polish.

I also like to write long posts since the "experts" often pronounce that bloggers should never write long posts. I didn't get a copy of that rule book.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com//blog/)]

Posted by dmk at 11:13 PM

April 11, 2005

It's Time for Another By Request Tuesday

It's been a couple of weeks since I did a "By Request Tuesday." I have a few questions in the ol' email inbox to get things started. Fire away with other questions you have and I'll see what I can do with them tomorrow. Email me your questions at denniskennedyblog @ gmail.com.

Posted by dmk at 08:43 PM

The Steve Gadd Tour Stopped in St. Louis

We took our daughter to the St. Louis stop on the Steve Gadd drum clinic tour last night. She’s been taking drum lessons for three years and clearly has both strong interest and talent.

Grace had to tolerate me telling her that Steve Gadd really was a drum legend when I first saw a poster for the show and then me occupying her teacher’s time talking about Steve Gadd. In spite of the embarrassment I may have caused, she still wanted to go to the drum clinic.

It was fun, it was educational, and it was amazing. I realized that I haven’t taken enough advantage lately of the chances to see any great artist or expert in any field when you have the chance. If you have the chance to catch a stop on this tour, even if you think you have no interest in drums or drummers, you will want to catch this show. There are still a few dates left.

Gadd had just celebrated his 60th birthday and there was such a great vibe in the room. The show was sold out and I’ve never been in a place with so many drummers in my life. It’s clear that they revere Gadd and, as he patiently answered questions, and showed techniques and played some of his signature drum tracks, it became clear why that is the case. I was as impressed with his generosity as much as his tremendous skill and ability.

I enjoyed all of his talk about finding the groove and his effort to find an ego-less approach. I don’t pretend to know much about drumming, but I was in awe of some of the things he did. I also loved the way he played with a fluidity where the sticks and gravity clearly were doing most of the work.

Great stuff. Inspiring. A view into a different way of seeing and thinking. We all had a great time. For some reason, though, every song I heard on the radio today sounded like the drumming needed a lot more work.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:31 PM

April 04, 2005

The College Basketball Equivalent of the Prevent Defense

It's so agonizing when you watch a football game when your team plays a "prevent defense." As they say, the only thing it prevents is your team from winning.

I enjoy college basketball much less these days than I used to because the coaches have become the stars instead of the players. I saw that Coach K American Express commercial so many times during the NCAA tournament that I could recite it word for word.

The attention-getting move of any star coach is to pull out the clipboard and design the perfect play, especially at the end of a game. If the winning shot is made, the coach is a genius. If the shot is missed, well, someone must not have executed.

Lately, I've come to the conclusion that calling timeout with little time remaining in a college game and pulling out the clipboard is the equivalent of the prevent defense. I've seen games where I can't even believe what happens after a play is "drawn up."

So, I felt sorry for my friend Matt "Mr. Illinois" Homann as his beloved Illini made up the big deficit tonight and then used a series of timeouts and clipboarded plays to remove every once of momentum they had. I would have rather seen them win or lose by pushing the action on the floor.

One other note on this game: what's the difference between a "moving pick" and a "solid screen"?

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:23 PM

Many Thank Yous

From BlawgConnect to TECHSHOW to LexThink, it's been a heckuva great few days for me, if a little exhausting. Thanks to everyone who attended or was involved.

And, for those of you who might be thinking that I exaggerated a bit in telling you and others how great you were - I meant every word. What a great group of people I've now found myself in. I'm grateful for the chance to know you all.

[Originally posted in DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:12 PM

April 02, 2005

I've Been Busy Having Fun

Report from TECHSHOW:

When it comes to making a choice between blogging and taking advantage of the opportunity to actually talk with with bloggers, I find that the talking with bloggers always wins.

Having a great time!

Posted by dmk at 10:04 AM

March 29, 2005

By Request Tuesday - Is It Possible to Do a "By Request Tuesday" on a Tuesday On Which You are Traveling?

Apparently not this Tuesday. Maybe tomorrow.

Posted by dmk at 11:55 PM

March 23, 2005

Being an Idea Person

People often tell me that I am an "idea person." I'm starting to believe it. As they say, it's a blessing and a curse.

I found a great post from Curt Rosengren on "idea people" called "Half my ideas are stupid (and that's the way I like it)."

Rosengren notes three lessons he's learned about being an idea person:

1) I've got a lot of ideas
2) Half of them are stupid
3) The other half are exactly what's needed

As he notes, you have to allow yourself to have #2 so you can get to #3.

I'd note that his ratio of #3 to #2 is pretty darned good.

He goes on to say: "There's something incredibly freeing about just being able to have ideas, and not tying your ego to how amazing each and every one is. And it unclogs the pipeline to make sure that the absolute best ones make their way out to a place where they can be put to use."

Great post.

My observations on this subject are:

1. It's pretty rare to find people who will throw out idea after idea and have them shot down because of the ego factor. People like working with me because I can do that (or so they tell me) without reaching a point where it becomes necessary to start throwing things and walking off in a huff.

2. Being known as an idea person actually helps you get through the bad ideas without getting too ego-involved.

3. Some people have much less patience for the ideas in stage #2 than others do. No one has as much patience for my stage #2 as I do.

4. If you treat as ideas as simply ideas (not "your ideas") and are willing to free up ideas and let other people judge whether they are "good" or not, you really do get the best ideas "out to a place where they can be put to use."

5. Removing as much ego as possible from the process makes you much calmer when the day comes when, inevitably, you see someone claim credit for an idea you originated. The good news on those days is that your friends always remember the idea came from you.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:29 PM

March 16, 2005

By Request Tuesday – My Favorite Question of the Week that I'm Not Answering

"Who are you and why are you spamming me?"

Perhaps email is no longer a method that you will want to use to send announcements to people who don't know, or don’t remember, who you are?

By the way, using this line in a reply to an email probably will kill any chance of getting referrals of business in the future from the person who sent you the email.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 12:00 AM

March 15, 2005

By Request Tuesday – Why Didn’t You Post Something Yesterday?

To prove that I can.

And I wasn't feeling well for the last few days. I had to put what energy I had into other things yesterday.

I posted more items than usual today to prove that I'm back in form. And feeling much better.

My goal has always been to post 3 to 5 times a week.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:44 PM

March 08, 2005

"By Request Tuesday" – What Are Some of the Questions You Get That You Don't Answer on By Request Tuesday?

Fascinating question.

I did a little research and here are some of the actual questions I've found in emails I've received recently. Note that not all of them are candidates for "By Request Tuesday.

Does it make sense for me to fly into Chicago just for the Legal Blogger Dinner Event on March 30?

Can I see a list of the attendees for LexThink Chicago to help us make a decision about sponsoring the event?

Can you tell me what time the blogger dinner will start?

What are your thoughts?

An audio session?

Suggestions?

Have I sold my soul?

Will we get standard A/V for these sessions?

What do we need to do to prepare for LexThink?

What is the future of the billable hour?

What are some of your favorite all time well-designed products?

Have you experienced a major degradation in performance from Firefox in the last two days, or have I caught something?

I'm back, what'd I miss?

When will you write the Shakeshop novel?

How do you define "blog"?

When and why did you start a blog?

What about the benefits for a small company to use? How has your blog helped your business?

What makes a good business blog, in your opinion? Why do you believe your blog works well? What makes a bad blog?

How do you get the word out about blogs?

How in the world are you?!

I had my surgery Friday. Did I tell you about it?

Do you recall what you received for your 11th birthday?

Have you considered the new TC 4200 that is supposed to be coming out this month?

Coincidence?

Could I ask a BIG favor?

Would sometime Monday work?

Should we assume this is a Sybil split personality thing or that just one of you is coming?

Can you give me your thoughts on the practicality vs user friendliness?

Which IT vendors are most important and strategic to the success of your organization?

Conference call this week?

Would you be interested in providing "coaching" services to me?

Would you like to set up a call with our CEO and get a demo of the new product?

Could there be a trend here?

Can you handle?

What is the difference and why does it matter?

How does 2:30 Mountain time sound? Is that 3:30 your time?

Has it been almost a month since we tried to talk last time???

What's the biggest mistake that small firms make when using litigation technology?

When should we talk?

Dennis, any more info on lunch?

Am I missing something?

Are you available for a quick chat on Thursday or Friday to discuss the LexThink program?

Dennis?

Two observations:

1. I'm starting to understand why I can never just buzz through email responses quickly.

2. I think this "By Request Tuesday" thing on my blog probably is a good feature for me to adopt. I seem to get a lot of questions.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:39 PM

Giant Cheap Whiteboard Alternatives!

As I've mentioned several times, Kevin Kelly's Cool Tools is such a great resource. Today, I found the answer to my question of how to find a really big whiteboard to use with dry erase pens without spending an arm and a leg.

You'll find two great ideas from Kevin - a $13 solution and a $100 solution.

See you at Home Depot tomorrow.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:11 PM

February 25, 2005

Bright Eyes – Astonishing Music

I'm very fortunate to number among my best friends for many years two of America's greatest poets, Karen Kovacik and Jim McKelly. I recently learned from Karen that she'll have a new book of poems published this summer.

A few years ago, Jim and I were having our traditional annual get-together while he was in town during late December visiting his parents and his sister's family. He told me that I should go out and buy a couple of CDs from a group called Bright Eyes that had impressed him greatly.

I must have been absently nodding "yes" or being a little noncommittal, because Jim said, "Look at me and listen to what I'm saying. You have to get the CDs and listen to them. I don't usually say anything like this about any band."

That got my attention. He doesn't usually say that about any band. And he does have the fact that he introduced me to Springsteen's music as part of his track record.

So, I went out and bought two CDs: Lifted or The Story Is in the Soil, Keep Your Ear to the Ground and Fevers and Mirrors. I even listened to them and I became a big fan. In fact, Bright Eyes (and the driving force behind it, Conor Oberst) impressed the heck out of me.

A few weeks ago, I heard from Jim asking if I had gotten the two new CDs from Bright Eyes, Digital Ash in a Digital Urn and I'm Wide Awake, It's Morning. I made some comments about adding them to my Amazon Wish List and getting ready to buy them, but I felt a moral force coming from Jim that led me to get out there and get the CDs bought.

I've been doing a lot of listening and, once again, the songs impress me greatly.

Jim has been raving, in a low-key way, about the poetry of Oberst's lyrics. The lyrics are indeed compelling, even haunting, but I've been struck by the music, which is difficult to describe, but both quite familiar and strikingly original at the same time.

I've tried to think of analogies, comparisons. Today, I was reminded of both Jonathan Richman and Lou Reed – which really means the Velvet Underground. There's some Neil Young, especially the country-tinged Neil Young. But the analogies don’t quite work. There are elements that seem as traditional as American folk can get and yet elements that are strikingly unique and modern.

I'm also struck by the impact of some of these songs. They may sneak up on you. If you listened to one of these CDs, you might initially wonder what the big deal is. With a little patience, you will be pulled into a new world. There's a song (I'm terrible with titles) that uses the world "wild" in the refrain. My immediate reaction, before the song was even half over, was that this song was a classic "wild" song, on the order of "Wild Horses" or "Ask the Angels."

Cool stuff. And something to try if you are feeling that music today isn't what it used to be and want to take a path less traveled, one where a very large talent walks with long strides.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:00 PM

February 22, 2005

By Request Tuesday – What Type of Posts Work Best in Blogs?

OK, I know that I sometimes write really long posts. My Heart of Blogness post was more than 4,000 words.

Long or short? Personal or "just the facts"? Links, reportage or commentary?

In short, whatever best fits your voice.

As a more practical matter, here are some of my observations.

Long vs. Short Posts

Short posts are usually "better" for most bloggers. It's clear that fewer people will read your posts as the posts get longer. If you were able to learn about and graph readership vs. length of post, I think you'd see a precipitous decline after a post reaches about 400 words or so.

If you write a long post, you need to assume that fewer people will start to read the post (and even fewer will read it all the way through) and that the post might be saved, bookmarked or printed, but probably not read by as many people as you might have hoped.

HOWEVER, you may well develop your most loyal readership because of long posts, some might get turned into articles and some may turn out to be very long-lived and referred to by many others. They may also fall off the cliff into the deep dark sea.

I always get people telling me that I shouldn't write as many long posts as I do. Remember, however, that I've written hundreds of articles and I'm quite comfortable in the 1,000 – 2,500 word range. Several of my long posts have been published as articles.

However, I expect and accept a greatly decreased readership for longer posts. That's why I do a mix on the lengths of my posts.

In general, I'd recommend posts of a few hundred words (or less) for most new bloggers. Then adjust the length of your posts to fit your voice. There's no magic formula, other than to note the general preference of readers for shorter posts.

If you write longer posts, think about using subheadings, bullet points and other web writing techniques that help your readers approach your article as "chunks."

In particular, be very aggressive about paragraphing.

Forget what you were taught about not using single sentence paragraphs. Get the white space in there. You almost want to break paragraphs by sight.

If the paragraph is getting long, hit two returns and start a new paragraph. That helps today's readers.

Personal vs. Objective Style.

You're asking me? When in doubt, take a personal approach and use a personal style.

Links, Reportage or Commentary.

Who are you? What do you want? Figure out what your blog will be about and what you want to accomplish and you'll get your answer.

Generally, if you are a little uncomfortable with your writing skills or are worried about how you will sound or what people might think, go with an approach that emphasizes linking and reporting news. Gradually try a few efforts at commentary (preferably something more than "that sucks") or even more personally approaches. You'll get feedback that either encourages you or discourages you.

Your approach will evolve over time. Heck, I have a much more personal and individual approach now than I had six months ago, let alone when I started this blog.

The "Perfect" Post.

As in article writing these days, you will generally get more response to a post that takes the form of "three reasons," "five steps," "seven tips" or some other numbered approach. People like this approach these days. I love posts and articles of this type. If you write a piece of this type that runs 800 to 1,200 words, you should be able to get it published as an article in print (assuming it's reasonably good) and probably get requests from other publications to reprint it. It's the sweet spot in the market.

A short post (less than 400 words) of this "numerical" style with a catchy title will consistently give you more audience and publicity than any other type of post that you do (except of course for post on celebrity gossip and other topics of enduring popularity).

In other words, you'd be making a huge mistake to model your blog posts after mine. But you'd also be making a mistake to decide that you need to tie yourself to some other blogger's model.

One other point. If you do try to follow some other blogger's model, you'll quickly notice that (1) it's much more difficult to write in that style than you ever expected and (2) your blogger model makes it look much easier than it really is.

One of my favorite examples of this is Tom Mighell at Inter Alia. It looks easy to write the kind of posts that Tom does, but it actually is extremely difficult to do so. I've tried and I can't do it. On the other hand, I suspect that you might find it far more difficult than you expect to write in as "loose" a style as I seem to use.

It's more about finding a voice than finding a technique.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:01 PM

DennisKennedy.Blog Birthday Celebration Week – Extension of ABA TECHSHOW 2005 Early Bird Discount Deadline

Good news for bargain hunters! The TECHSHOW 2005 Early Bird Discount Deadline has been extended to March 4. The early bird discount is $100.

For information about TECHSHOW 2005 and registration information, please go to http://www.techshow.com, where you'll find schedules, pricing and the new TECHSHOW blog, which has an RSS feed.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 04:06 PM

February 19, 2005

DennisKennedy.Blog Birthday Celebration Week - Bargains for You

Who doesn't like a great bargain?

I thought I share two of my favorite bargain websites, each of which makes RSS feeds available. If, as J. D. Lasica has famously said, RSS is "news that comes to you," then RSS feeds from shopping sites must be "bargains that come to you."

My two current favorites are:

DealNews - http://dealnews.com

More Stuff for Less - http://morestuff4less.com/

Don't forget about Kevin Kelly's fantastic Cool Tools, also with an RSS feed, for reviews and recommendations of great products.

Another supremely cool tool comes from Watchcow.Net, which allows you to create an RSS feed based on your Amazon Wish List so you can be automatically notified when prices change. Imagine being able to spot when an expensive item you pine for becomes available from a third party "used and new" seller for a fraction of its usual price.

A few bargains I spotted this morning:

From DealNews: "MicroCenter.com offers the Kensington SaddleBag notebook bag, model no. 64079/4, for $19.99, as a reader found. It's the lowest price we know to be available by $9. Add $5 for shipping." (Fantastic price for a great bag - I've used one of these for years after a recommendation from Neil Squillante.)

From DealNews: "The Craftsman 60-piece Mechanics Tool Set is back at $29.88 at Sears.com. It's the lowest price we've seen. Add $5.25 for shipping or order it online for in-store pick-up. <http://dealnews.com/newsdaily.html?article,81179>"

From DealNews: "ZipZoomFly.com offers the Western Digital Caviar SE 320GB IDE 8MB cache hard drive, model no. WD3200JB, for $205. With free 2-day shipping, it's the lowest total price we've seen for a drive of its size. <http://dealnews.com/newsdaily.html?article,81190>"

From DealNews: "The Lexar 1GB USB 2.0 JumpDrive Secure costs $69.99 at Fry's Outpost.com. A $15 mail-in rebate, ending today, drops the net price to $54.99. It's the lowest price we've seen by $5. Shipping starts around $6. <http://dealnews.com/newsdaily.html?article,81100>"

From Cool Tools - Knipex Cobra Pliers

Have fun!

Posted by dmk at 10:16 AM

February 18, 2005

Heart of Blogness: My Journey into Scoble Country

[Note: I wrote this back in December, but hadn't posted it because I wanted to do some more work on it (and probably shorten it). In honor of Robert Scoble's well-earned vacation from blogging, I've decided to post it in its original form. Some references may be slightly dated.]

Posted from Scoble Country - December, 2004

Although definitely not by design or intention, I spent the past month or so deep in the heart of Robert Scoble country. Scoble, as you probably know, is one of the best and best-known of all bloggers.

What he is most known for is the amazing number of blogs he monitors on a daily basis. While my research at SharetheOPML.com and other places, suggests that an accurate estimate of the number of blogs monitored is in the 700 range, you will often see reports that Scoble monitors more than a thousand blogs, suggestions that the number is closer to 2,000 and some speculation that Scoble has his eyes on all 4 or 6 million blogs in existence.

I use the word "monitor" for a reason. Like many longtime bloggers, Scoble doesn't visit each of the blogs he reads. Instead, he subscribes to the "feeds" of these blogs, using a newsreader. It's the only way you can realistically keep pace with that many blogs. If you are unfamiliar with the concept, take a look at an article I wrote on the subject last year in which I tried to explain RSS feeds and newsreaders in plain, non-technical language.

I've forgotten which newsreader Scoble uses, but I use FeedDemon, which is my choice as Software Product of the Year. Nick Bradbury, the individual behind FeedDemon, is my choice for Most Valuable Player in the Blogosphere. FeedDemon is that good.

By any standard measure, I'm a "feed-dominant" Internet user. RSS feeds and newsreaders have completely changed my Internet experience and my long-established Internet habits. For a long time, I've gotten a chuckle when bloggers post about how they are "addicted" to RSS because they are subscribed to 50, 80, even 100 feeds.

Still, I didn't think of myself as being in the land of Scoble.

In fairness, if you check me out in SharetheOPML, I once reached number 11 in number of feeds with 732, but I thought of that as a kind of stunt.

About a month or so ago, I lost a bit of discipline and started to subscribe to every feed that seemed interesting or that someone recommended highly – just to check them out. Let me note that I subscribed in a responsible fashion. I never subscribed to feeds using any kind of automatic updating where I hit a blog server automatically many times in a day. In fact, I generally updated all my feeds once or twice a day.

At some point, I know see, I found myself in Scoble Country, getting a glimpse of what Scoble's daily life must be like. Let's just say I was well north of 600 blogs/feeds that I monitored.

A few days ago, I was aggressively cleaning and organizing folders in FeedDemon and ran into some problems that helped me decide that it was time to leave Scoble Country and take a more refined approach to feeds.

However, it was a glorious experience in a strangely beautiful land. I'm not Scoble, but I feel I got a glimpse of his world. I can't recommend the trip to everyone, but, if you are adventurous, it's quite a place to be – at least for a while.

For those who know better than to make that expedition (thought question: is being afraid that you'll enjoy it too much really a legitimate reason not to try it?), let me share some of my observations.

1. Scoble Really is Amazing. I know that I'll shade the truth and underestimate the time commitment involved in reading feeds, so I suspect Scoble does as well. Let's just say that you'll not be spending any less than two hours a day reading feeds. And I'm a really fast reader. To sustain Scoble's level for the period of time he has done and still produce the output that he has is mind-boggling.

2. Consuming Lots of Feeds Leads To A Strong Feeling of Being Tapped into the World, Aware of What's Happening and Attuned to the Action. Unfortunately, the same feeling makes it extremely difficult to step away. It's not exactly addictive, but there's both an urge to stay current and an urge to expand the world that you monitor.

3. The Number of Excellent Bloggers Will Consistently Surprise You; So Will the Number of People You Know Who Have No Familiarity Whatsoever with Many of the Bloggers You Read on a Daily Basis. My approach, like Scoble's is to be as expansive as possible in the types of blogs/feeds I read. I don't understand people who monitor only blogs in their small area of interest.

4. Although Many Blogs Have Feeds, Not All Feeds are From Blogs. From newspapers to the Old Farmer's Almanac, many traditional resources have RSS feeds, although they are not blogs. There are also some well-known blogs that do not have feeds. Those blogs ceased to exist when you become "feed-dominant." For example, I want to read Andrew Sullivan's blog, but since I can't find a feed, his blog is no longer part of my daily world.

5. Most of the Talk of VCs and Others That Focuses on the Business Potential of Blogs in Isolation from Feeds Seems a Little Silly Once You Live in the RSS World. I've come to believe that the Weblogs, Inc. model of blogging falls apart in a newsreader world. I've unsubscribed to all of the feeds I've tried that machine gun 20 posts a day with little or no effort to identify which ones are most important. I have some ideas that I think will work over the long-term, but blog-focused business models may be recipes for creating another dot-com bubble. As someone shouted on one of the business shows on cable this weekend, E-A-R-N-I-N-G-S.

6. Increasing Feed Input Necessarily Reduces Blogging Output. I understand why Scoble uses a link blog. I got a lot of great ideas to post about, but I generally ended up with a "To Blog About" folder that had hundreds of items in it. Go to Scoble Country when you are in a cycle where you want to listen more than you want to talk.

7. In Scoble Country, You Can See Many Patterns in Blogging. It's fascinating to see stories work their way across many different areas of the blog world. It's fascinating to see new areas of blogging appear and become dynamic. It's fascinating to see new bloggers burst on the scene. It's fascinating to see bloggers who spent months criticizing Bush on a daily basis announce that, after much deliberation and even though it might come as a surprise, they are endorsing John Kerry.

8. There is a Relentless Movement Toward the New in the Blog World. I straddle the fence on this issue, but I tend to be a critic of the emphasis on the new. It's pretty common to see ten or twenty mentions of a new blog or new blogger (or, in the case of Judge Posner, one or two hundred mentions). If you stay with these blogs for a month or two, you'll see that many of them dry up and disappear. On the other hand, Sabrina Pacifici at BeSpacific.com can do a consistently excellent job, be widely respected, and rarely receive a mention.

9. One of Most Common Blog World Patterns is the Brushfire. If you monitor a lot of feeds, you'll see stories that simply take off and blaze across a large number of blogs over the course of a few days. Because of the emphasis on the "new," most of the hottest stories burn themselves out in pretty short order. Many "hot" stories fade away, often without any resolution. That's one reason you see some discussion about the need to search for "conversations."

10. The Blog World Has Many Pockets, Each with Its Own Culture. Not surprisingly, I'm most familiar with the world of legal blogs, commonly known as blawgs. The blawg world has its own culture. It's quite different than other pockets of blogging. Here's one example. In large part because most of the long-time legal bloggers know each other very well, we have developed a model where if one legal blogger posts a story, the rest of us will usually not repeat the same story (i.e., we step away because Denise or Ernie or another blogger already "covered" it). We blog with the sense that readers of our blogs read all of the same blogs. There's an unstated group dynamic at work. If a legal blogger writes about the same story or topic another legal blogger writes about, it almost always involves giving credit (and usually a compliment) to the original blogger, and then an expansion on the story rather than a simple reposting. In contrast, in the world of marketing and PR blogs, bloggers commonly post on the same topics or stories. As a result, it is easy for an outsider to see what stories are most important simply by counting the number of mentions. In blawgs, it can be more subtle – a big story might have only a few mentions.

11. The Blog World Can Be Surprisingly Insular and References to "The Bloggers" Really Do Not Make Much Sense. Again, let me use legal blogs as an example. It is quite rare for posts from lawyer bloggers to be picked up outside the group of legal blogs. In fact, the legal blogs are subdivided into law professors, practicing lawyers, law students, law librarians and, to a limited extent, consultants to the legal industry. There is not as much crossover among these subsets as you might expect. Of these subsets, I'll tell you that the law librarian blogs are the most valuable. The law professor blogs probably get the most play outside the legal space. In the case of practicing lawyer blogs, you can almost always trace movement into the blog world at large through Ernie, Denise and, more recently, Matt Homann. In the rest of the blog world, you will also see a number of "nodes" that connect various groups of bloggers. Dave Winer, Robert Scoble, Doc Searls and the group commonly referred to as the "A-List Bloggers" are important nodes and gateways that help move content out of specific blog realms and into the blog world at large. Very few other bloggers have the same impact, but there are other significant nodes. Steve Rubel is just one recent example.

12. Reading Blogs (Not Unlike Reading Newspapers) Places a Premium on Being Able to Read Critically and Assess the Reliability of Information. Being able to read critically and assess what information you can rely upon has become, if it wasn't already, the most important skill an Internet user can have. Children in school can be taught to improve these skills. What happens to those who have long left the education system? I see the increasingly important rule of librarians, but I'm not sure where we are headed. In Scoble Country, the sheer number of points of view can help you evaluate information or it can leave you confused. However, relying on one source will only become more problematic.

13. The Feed-reading Experience is Vastly Different from the Blog-reading Experience and Many People Do Not Appreciate the Difference. This point is one to think carefully about. When in Scoble Country, you rarely visit a blog in the traditional sense. RSS has been described by J.D. Lasica as "News that comes to you." Those five words contain the revolution. I'm a regular reader of many blogs that I rarely, if ever, visit. I couldn't tell you what they look like, what ads or blogrolls are there, or any other details. I make no value judgment about that; it's just the way it is. If you accept that bloggers like me are important opinion influencers, this fact is something that you'll need to understand and adjust for.

14. There are Two or Three (or More) Very Different Newsreader Experiences. I started out reading RSS feeds in a newsreader called Amphetadesk. The experience was very much like visiting a huge, long web page that collected all the posts in the feeds you subscribed to. You scrolled through the page to get your information. In that world, full-text feeds and graphics were bothersome, especially if you weren't interested in the post. I enjoyed writing clever (at least to me) excerpt feeds, which were perfect for Amphetadesk. Later, the Outlook-style three-pane newsreaders like FeedDemon became more dominant. Some people criticized me for offering only excerpt feeds because I was "forcing them to visit my blog to read my posts" unlike the consumer-friendly full-text feeds. I looked at a three-pane reader and immediately saw the problem. A bit wistfully, I moved to full-text feeds. So many people use Bloglines as a newsreader service that it makes sense to be aware of their user experiences. RSS feeds may now be handled in Firefox or on MyYahoo.com. Three-pane newsreader users tend to use folders and subfolders to organize feeds. Dave Winer prefers an undifferentiated mix of feeds in reverse chronological order. Your visit to Scoble Country might be vastly different than mine and I generally try not to make a lot of assumptions about the universality of my experience with feeds.

15. If You Don't Understand the Difference Among Headline Feeds, Excerpt Feeds and Full-text Feeds, Your Blog May Fail Without You Ever Understanding Why. The rules on the selection of types of feeds have solidified. If you generate headline feeds, you lose. No one likes them. When I decide to streamline my feed subscriptions, I use the common rule of unsubscribing from headline feeds. Poof, you're gone. There is a general preference for full-text feeds these days. If you use excerpt feeds, you must have compelling content or give a good description. If you don't, your audience will tend to move on rather than click-through to your blog to read the full post. In Scoble Country, I got very close to using a "delete all excerpt feeds" approach when pruning my number of subscriptions. Unfortunately for many the new blog-focused approaches initiated by established media companies, generating a headline feed to "protect your content" or "drive traffic" to your ads probably guarantees that the bloggers with the most influence will not become part of your site's audience. In general, you want to go with a full-text feed or give a choice of full-text and excerpt. For me, I favor full-text all the time.

16. Feed-Readers Turn Some Traditional Blog Expectations On Their Heads. Remember that in Scoble Country I'm rarely visiting your blog's site. Lots of the features of many blogs no longer are in play. I've gotten a fair amount of criticism for my policy of not enabling comments (and I've recently turned off trackbacks as well). I have my reasons – they may or may not be compelling to you – for not allowing comments. They apply to my current blog and what I want to do with it. Comments might well make great sense in other blogs I might do and they definitely make sense for other people. However, in Scoble Country, comments don't really exist. I'm not going to visit your page to check the comments. Again, I make no value judgment; it's simply a fact of life when you are monitoring hundreds of feeds. Some people do feeds of their comments – I find them the most confusing things in the world. If you live in the world of comments and trackbacks, Scoble Country might not be for you.

17. Plenty Of People Seem to Have Found The One True Path Of Blogging – None Of Them Agree – But Most of Them Are Happy to Lecture Others. Follow a lot of blogs for even a short period of time and you'll see plenty of examples of people telling other people how they are violating the fundamental principles of blogging. For example, some will tell you that I don't even have a blog because I don't enable comments. Others say that having an RSS feed is the key element. Lots of people are trying lots of different tools at lots of different levels of skill and experience. I say, let a thousand flowers bloom. You will see a lot of this "inside baseball" talk – the amount of it will surprise you. I remember several times over more than nine years I've had a website when someone would send me an email blasting me for using the "wrong" font or the "wrong" size of font on my pages and generally trashing me. I would usually wait a day or two and patiently explain to them how their browser settings, not my barebones HTML skills, were the cause of the problem. None ever apologized or said thank you. I highlight this point just as small effort to get people to calm down a bit and be a little more polite this time. Bloggers are doing the best they can. We're happy for any help or advice, but accusing people of heresy in your first contact generally does not work well.

18. Newsreader Collection Tools Are OK, But What the Heck Do You Do with All That You Collect? FeedDemon has several good tools to tag and collect posts that you want to keep. I really like its News Bins, for example. I'm intrigued by the Omea Reader's approach to organizing, managing and linking info that you collect. Onfolio is another program I hear a lot about. The simple fact is that you can easily get overrun by the sheer volume of collected materials. It's difficult to take action on them. A folder you call "To Blog About" could easily have hundreds or thousands of items in it, which makes it something you can laugh about, but not something that helps you post to your blog. This area is a prime laboratory for personal knowledge management tools.

19. I Started to Understand the Notion of Memes. In Scoble Country, you start to see trends before they become trends and ideas before they become ideas. You also see how they travel, coalesce, take shape and change. That's memes.

20. There Are Some Big Names Who Blog. When I think about it, I move slightly away from the "News that comes to you" approach. I don’t disagree with it, but I change the notion of "news" a bit. I'm now getting the writings of people whose books I've read, who've influenced my thinking and who are the kinds of people you simply enjoy reading their thoughts and ideas. In many, many fields and areas of interest, you will find significant thought leaders appearing regularly in your newsreader. Business guru, Tom Peters, and science fiction legend, William Gibson, are just two of my examples. In narrow areas, you may well find the leading authority in the field showing up in your newsreader. That's cool.

21. The Monetization Debate Looks Different From Where You Stand. There's a lot of discussion these days about ways bloggers may appropriately derive financial benefit from their blogs. In my opinion, almost anything has to better than the current wave of prominent bloggers begging readers to leave a few bucks in the tip jar so they can get a new laptop computer or pay for hosting. I'm very careful on these issues because of the role of lawyers in Internet history, starting with the lawyers who invented spam. The hottest issue today is "ads in feeds." Dave Winer, for example, is a big opponent of ads in feeds. Once I realized how he consumes feeds, his point of view was much easier for me to understand. In comparison, if you use a newsreader like FeedDemon, adding a sponsor logo or small add at the bottom of each post in your feed seems quite reasonable, especially if you give a subscriber a choice of an excerpt feed with no ad or a full-text feed with an ad. Keep the ad non-intrusive and I have no problem at all – I'm happy to see you make some money to support your blogging habit. Put an ad in an excerpt feed and I'm gone. In a newsreader that does not separate feeds into separate folders, it would not take many ads before your experience would be degraded. I'm now more understanding of Winer's approach, but my thinking is more affected by the interest I've already had for putting ads (or, really, small and tasteful logo graphics with a tagline) into my feed.

22. Scoble Country Reminds Me of the Pre-Yahoo World. In the early days of the World Wide Web, before the heyday of search engines, you built your own paths into the web, collecting links to useful sites and resources and trying to find knowledgeable guides. It's very similar in Scoble Country. Scoble is certainly an excellent guide. I trust his pointers, and those of others I've found, far more than any of the search tools. Again, keep your eyes open for those librarian blogs and feeds.

23. Amazingly High Quality Information is Readily Available. I'm tinkering with my business plan for next year. I have a folder with an absolutely amazing collection of advice, tips, discussions and other resources that will help me. How about tips on using Microsoft Office from members of the Microsoft Office design team? There are rich resources out there. The more people think that the blog world is the realm of teenage diaries, the more competitive advantage I have and the more cool stuff I can learn that others won't bother to learn. You do it your way and I'll do it my way.

24. When You Leave Scoble Country, You Can't Assume People Are Familiar with the Same Information You Are. When I was in law school at Georgetown, I often found that I would get swept up in the Washington controversy of the day that was gripping everyone. I'd talk to a friend in another part of the country and find that they hadn't even heard of the issue. Watch for that phenomenon when you are in Scoble Country. Not too many people know the same players and it's a relatively small number of people who are conversant with issues that may be front and center in the blog world. Go to a party and start telling people that Robert Scoble says such and such and count the number of people with blank looks. Or use Adam Curry and podcasting in the same sentence at your office holiday party and see the reaction you get. It might be a different story next year, but you have to keep this blog thing in perspective.

25. About Those Clever Blog Names. The cute blog names make sense when people visit your blog and see the context, but they lose a lot of impact when you are in Scoble Country. For many feeds I get, I cannot see what the name of the author is. The tendency of bloggers to refer to each other in their blogs by their first names compounds the problem. Believe it or not, I put a lot of thought into picking the name, DennisKennedy.Blog, because I wanted the blog to be big enough to let me do anything I felt like doing. Picking a name like Legal Technology Blog or Technology Law Blog would have been too limiting for me. There are only a handful of blogs that prominently use the blogger's name in the title. Check out how your blog title appears in a newsreader. OK, I admit I like my approach, but Jeff Beard has a good approach because his feed is labeled "Law Tech Guru by Jeff Beard." I may start another blog one of these days and I lean toward calling it something like "Dennis Kennedy's CleverBlogNameGoesHere Blog" just because of how I want it to appear in news readers.

Concluding Thoughts on My Trip to Scoble Country.

I tip my hat to Scoble. I had a great time in Scoble Country, but I'm glad to be back. I'm not sure when or if I'll return. To no one's surprise, I learned that I'd rather be Dennis Kennedy than Robert Scoble, or anyone else for that matter. Now we all know that, but it's good to learn the lesson again from time to time. Keep on Scobleizing, Robert, but be sure to think about taking a little break one of these days. We'll keep it going while you're away, but you have to promise to come back from that break.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 01:34 PM

February 17, 2005

Springsteen Announces New Album for DennisKennedy.Blog Birthday Celebration Week

I must admit that for more than 25 years there's never been much news that's more exciting to me than the news of a new Brice Springsteen album and tour.

I'm thrilled to tell you that Bruce has chosen DennisKennedy.Blog Birthday Celebration Week to announce the April release of his new album, Devils & Dust, and a follow-up tour.

Here's the text of the press release from Columbia Records:

"Columbia Records will release Bruce Springsteen's nineteenth album, 'Devils & Dust,' on April 26. 'Devils & Dust' features twelve new Springsteen songs.

'Devils & Dust' Track List

1. Devils & Dust
2. All The Way Home
3. Reno
4. Long Time Comin'
5. Black Cowboys
6. Maria's Bed
7. Silver Palomino
8. Jesus Was an Only Son
9. Leah
10. The Hitter
11. All I'm Thinkin' About
12. Matamoras Banks

'Devils & Dust' was produced by Brendan O'Brien, who first worked with Springsteen on the acclaimed CD, 'The Rising.' The new album was recorded at Thrill Hill Recording Studios in Los Angeles and New Jersey with additional engineering at Southern Tracks Recording in Atlanta.

Springsteen is planning a tour to accompany the release of the album. Details will be announced shortly.

* * * * *

www.brucespringsteen.net"

Stories indicate that this will not be an E Street Band album and Bruce may be working with other musicians, including the phenomenal Steve Jordan, who played drums on and produced Patti Scialfa's 23rd Street Lullaby album, my runaway choice as album of the year for 2004.

Jim and Dr. Jeff - Chicago, St. Louis, Atlanta, Birmingham, Milwaukee?

I may offer a $1,000 discount on my speaking and seminar fees to organizations that have me speak on concert dates and provide me with good tickets to shows.

Good news indeed.

Posted by dmk at 08:50 AM

DennisKennedy.Blog Birthday Celebration Week - Let's Go Racin'

Well, today is my birthday. Dennis, that is, not my blog. I was born in 1958, so that makes me, hmmm, 47. Hard to believe.

Beating the sleep apnea problem last year has made a big difference for me and I look forward to this year with great optimism.

I'm also pleased to announce another special benefit for readers of DennisKennedy.Blog. I've arranged for readers of DennisKennedy.Blog to get a special viewing of two NASCAR qualifying races for the Daytona 500 today! All you need to do is to tune in to the FX Channel at 12:00 Central time and you will get a "private" viewing of two special 30-lap races this afternoon, presented as a token of appreciation for readers of DennisKennedy.Blog in honor of my birthday. No password required.

I have been overwhelmed by the number of people asking how to give me a gift for my birthday. As you may know, I've set up a special Amazon wish list to help you select and send a birthday present to me - just one more useful service from DennisKennedy.Blog.

I'd like to send a special happy birthday message to my birthday mates, Michael Jordan, Jim Brown and the rest of the February 17ers.

It's hard to believe that I normally am about as low-key as you can get about my birthday. Give someone a blog and look at what happens!

Posted by dmk at 07:55 AM

February 16, 2005

Scoble on Getting Attention for Your Company, Product or Service

The renowned Robert Scoble has one of the best explanations I've seen about the importance of bloggers in helping you get out your story about your company, product or service.

Set aside some time to read Scoble's post a few times and to think about it and its implications. There's a bit of "inside baseball" stuff in the post (but I concur that Buzz Bruggeman is amazing) that you can skim over for now so you can focus on the main points.

I've made many of these same points to people in private for the past year or so.

Consider these comments from Scoble:

"But, demonstrate you read our blogs and that you have something of value for our readers. Keep your message short and conversational. Don't expect us to talk about you. Just present it as something that we might be interested in."

If you've read my blog, especialy my posts about reciprocal link requests, you'll recognize that Scoble and I have a similar approach.

When you consider the big picture, Scoble is absolutely right - bloggers can help you get the word out about your company, your product, your service.

That should raise some important questions for you. What can you do to help bloggers in return? What is a fair exchange? Does some notion of the Golden Rule come into play? Is it fair to pay someone more to empty your waste baskets than what you might spend to help bloggers who can create legitimate "buzz" on your company, product or service? Do I have to bring Hayek into the picture for you?

I don't have the answers for you. You've got to decide how you run your business and live your life. I simply suggest that you think carefully about these questions and Scoble's post.

The last thing I want to do is to turn my blog into something where people need to pay to get mentioned, and I hope that my comments are not construed in that way. That's not what I'm about and I don't believe it's what the medium is about. However, I don't think that it's unreasonable for me to ask you to at least think about ways you might help me accomplish things I want to accomplish in my business and my life if I am able to help you accomplish things you want to accomplish. I am a little surprised that I feel the need to say aloud this very basic principle.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:57 PM

February 15, 2005

Celebrating the Second Blawgiversary of DennisKennedy.Blog – Fun! Prizes! Gifts! Discounts! Surprises!

On February 15, 2003, I launched DennisKennedy.Blog using a quote from Babylon 5 as the title of my first post: "And so it begins." As my friends like to point out, I'd been thinking about and talking about a blog for a lo-o-o-ong time before I launched it.

The blog was an early birthday present to I gave myself in 2003. My birthday is February 17. One of the interesting things (at least to me) in my life is that I have a surprising number of very close friends who have birthdays in the few days before and after my birthday.

I wanted to celebrate my blogging anniversary, my birthday and my friends' birthdays with a special week-long blog party, from February 15 through February 21.

Here's what you'll see in the next few days:

+ Special free downloads! Including a PDF archive file of all my posts.

+ Gmail Invitations!

+ Discounts! On non-legal services, products and seminars ordered this week.

+ More Answers to Your Questions!

+ Acceptance of Your Linked-in Invitations!

+ Chances to Donate to SOme of My Favorite Charities! Use this link to donate to my favorite charities.

+ Chances to Buy Me Presents! See this special Amazon Wishlist.

+ Sponsorship Opportunities! Publicize your company by sponsoring a day of DennisKennedy.Blog Birthday Week.

+ Surprises!

Watch for more information and details each day! Email me with best wishes, questions, requests for info about sponsorships and whatever else is on your mind at denniskennedyblog @ gmail.com.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:31 PM

Bicycling Grant's Trail

I celebrated the second anniversary of my blog today in two ways that were just about perfect.

First, is there a better way to celebrate the anniversary of your blawg than with a long phone conversation with the legendary Ernie the Attorney? It was great to do a little catching up.

Second, I took advantage of an unseasonably mild February day in St. Louis to go on a long bike ride to and on the nearby Grant's Trail. With a cold front heading our way threatening to take 40 degrees off today's temperatures, I couldn't resist. The temperature hit 74 degrees today, with not a cloud in the sky. Even the stiff headwind that knocked about 6 to 8 miles an hour off my speed on the return trip could not detract from this ride.

I enjoy having a nice bike trail nearby. Grant's Trail is named for President Ulysses Grant and you pass by some historic Grant landmarks and Anheuser-Busch's Grant's Farm attraction. It's a relatively flat, paved trail with two lanes and friendly people walking, running, biking and roller-blading. It's five miles in length, with expansion in the works.

One of my favorite things about the trail is that it is next to the stables and grazing areas for the Budweiser Clydesdales. Many of them were out this afternoon and I noticed one very young colt.

If I ride the trail early on summer mornings, I'll sometimes happen on a scene with the early morning sun shining off the remnants of a mist rising off the grass and the Clydesdales kicking it up in the fields. It's quite a spectacular thing.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:20 PM

February 11, 2005

All Request Tuesday Redux - Links to All Posts

As you may know, I experimented with an "All Request" format on Tuesday and had a lot of fun with it. I've learned that some of you who subscribe to my newsfeeds may not have received all of the request posts, for reasons I'm still not clear about.

In this post, I've listed all of the "All Request Tuesday" posts, hyperlinked to their locations on my blog, so you can learn about and read any of them that you might have missed.

I enjoyed the experience greatly, and appreciate all of the feedback and emails I have received about the "all request" format.

All Request Tuesday - What's the Status of LexThink! Chicago?

All Request Tuesday - What Will You Be Doing in Electronic Discovery?

All Request Tuesday - When Are You Going to Write a Book?

All Request Tuesday - What's Happening with Blawg Channel?

All Request Tuesday - What's The Mother Teresa Story?

All Request Tuesday - You Joke Around Sometimes, But Are You Serious About The NASCAR Thing?

All Request Tuesday - Why Couldn't You Have Been One of My Law Professors?

All Request Tuesday - Did You Do Any Other Work Today?

All Request Tuesday - What Are the Most Common Mistakes a New Legal Blogger Makes?

All Request Tuesday - Was That Really You in Trial Lawyer Magazine?

All Request Tuesday - Why Are You Writing Fewer Articles for Print Publications These Days?

All Request Tuesday - What's The Deal With That Long Post You Wrote All In The Third Person?

All Request Tuesday - What Three Things Should You Resolve Before Becoming a Lawyer?

All Request Tuesday – What Were the Most Interesting Products or Services You Saw at LegalTech?

All Request Tuesday – What's Kennedy's Law of Legal Blogging?

All Request Tuesday – Why Doesn't Your Blog Have a Clever or Latinate Name?

All Request Tuesday – What Types of Posts Do You Like to Make?

All Request Tuesday – What Two Things Will Bloggers Bend the Truth On?

All Request Tuesday – What Software Do You Use for Blogging?

All Request Tuesday – How Many RSS Feeds Do You Subscribe To?

All Request Tuesday – What is the Hardest Thing About Blogging?

All Request Tuesday – Will Your Daughter Be Guest Blogging Again?

All Request Tuesday – How's Your Sleep Apnea?

All Request Tuesday – Are You More Optimistic or Less Optimistic About the Use of Technology by Lawyers Than You Were a Few Years Ago?

All Request Tuesday – Who Are the Legal Technology Experts You Use and Learn From?

All Request Tuesday – How Was Your Combined Law Firm Annual Retreat with Matt Homann?

All Request Tuesday – Why Haven't You Written about the Blawger Dinner and Lunch in New York Last Week?

All Request Tuesday - When Are You Going to Fix the Typos on Your Website?

Enjoy!

[Originally posted by Dennis Kennedy on DennisKennedy.Blog (http://www.denniskennedy.com/blog/).]

Posted by dmk at 11:02 AM

February 10, 2005

I Have Seen the Future of Online Advertising and I'm Not Sure It's for Me

I know that I'm in the extremely small minority of bloggers who believe that a tasteful logo sponsor ad in my RSS feed would be a good thing for "monetizing my blog," especially compared to the randomly-served ads that cover many blogs these days. I also understand that the gatekeepers of ad-free RSS feed purity are making good arguments and, in some cases, are making good money from traffic-based ads, although that probably plays no part in the position they take on the RSS ads issue.

But, gee whiz, read the first example in the compelling Fast Company article on the future of online advertising called "Search for Tomorrow" and help me understand what's so terrible about a non-intrusive sponsor logo or ad in an RSS feed that is controlled by the blogger when compared to that example.

Besides, even if bloggers did RSS ads, as pointed out recently about Sieblogs, there seem to be a number of RSS "repurposing" sites that will strip out identifiers and attribution - maybe you can get my ad-laden feed through them and they will have cut the ad out as well as another added service.

Sigh. Until this "ads in feeds" thing gets straightened out, I guess I'll just have to pass on the "benefits" of randomly served ads on my blog and concentrate on parsing that "make money with blogs" vs. "make money from blogs" distinction. I continue to struggle with that one.

[DISCLAIMER: There may be some use of irony in this post].

NOTE: This post is originally from DennisKennedy.Blog (http://www.denniskennedy.com/blog/). Please try to refrain from stripping away this identifying information before you repurpose it and display it, no matter how easy and tempting it may be to do so.

Posted by dmk at 07:27 PM

February 09, 2005

My Blog Family Tree

I gave a talk a year-and-a-half or so on "Websites for Missouri Lawyers" at the Missouri Bar Annual Meeting. For several months, I felt that there had been no reaction to it whatsoever. It was like the pebble thrown in the pond that caused no ripples.

Evan Schaeffer in a post today reminded me that my talk that day actually inspired (I love that word) him to start blogging. Evan, of course, has inspired many others to start blogging, especially law students.

He reminded me that there are family trees in blogging that you can trace back to root sources.

In my own case, my blog grew out of several years of reading Dave Winer's Scripting News email newsletter. Even though Dave and I have never spoken, it'd be difficult for me to attribute the start of my blogging to anyone other than Dave. I'd be honored to place my name under his blog family tree if he would allow me to do so.

In addition, Ernest Svenson and Denise Howell were important role models and their blogs were influences on mine from the beginning. Jerry Lawson was another big influence on the start of my blog, and is fond of reminding me that I first mentioned that lawyers should think about using blogs two years before I started my own blog. Sabrina Pacifici also shared her invaluable experience and expertise with me before I started.

Thank you, Evan, for making me feel like that talk was one of the most important presentations I ever gave and let's keep the ripples flowing.

Posted by dmk at 11:08 AM

February 08, 2005

All Request Tuesday - What's the Status of LexThink! Chicago?

Well, I'm now convinced that Matt Homann is a marketing genius. The response to LexThink has truly been overwhelming. The list of confirmed attendees is amazing. We have a waiting list and Matt's already talking about LexThink 2.

We've had sponsor inquiries before we were even ready to start looking for sponsors. I think that LexThink coincides with what I think of as Blog 2.0, the current phase in blogging where we are beginning to see bloggers look into collaborative efforts.

I'm usually low-key on this stuff, but the Catalyst Ranch space is perfect, the list of attendees astonishes me and the possibilities of the results from this conference are almost unlimited.

Who would have thought that Matt and I's little idea over lunch a few months ago would turn into this freight train of momentum and potential? This is going to be very cool.

Posted by dmk at 10:15 PM

All Request Tuesday - What Will You Be Doing in Electronic Discovery?

I was a little surprised last year to find myself considered as an "authority" on electronic discovery. As many people explained to me, and I've gradually learned from observation, my unique skill is the ability to explain the technology aspects of electronic discovery in ways that lawyers can understand. I also routinely talk to more people in the field of electronic discovery than I would have ever imagined possible.

So, what am I going to do in electronic discovery? I'm not going to do any consulting or other electronic discovery work. I'm only going to do what I do best and what people believe is unique. I'm putting together a half-day Crash Course in Electronic Discovery and Computer Forensics seminar that I'll offer to law firms and other audiences for a reasonable fee. I'll create an audio product based on the same materials. I'll also do some paid keynote or other shorter talks and continue to do webinars, on behalf of electronic discovery vendors, like Fios, or others.

I'll continue to talk to the players in the field and, because I have no intention to angle for my own consulting work, I'll just be an "authority" on electronic discovery without a dog in the hunt. But, I'll be an authority who can explain things in ways that lawyers can understand and that, I believe, is a huge thing.

Posted by dmk at 10:13 PM

All Request Tuesday - When Are You Going to Write a Book?

Sigh. I wonder if I'm meant to write a book. I've had four book proposals accepted since 1998 and, for different reasons, none of the books have made it into print. Jerry Lawson and I recently pulled the plug on a book based on our Internet Roundtable columns with Brenda Howard. I am biased, but those columns are the best things ever written about how lawyers can use websites for marketing and other purposes. Unfortunately, we couldn't get the book to work in a new format that the publishers wanted and blogs and RSS were causing so many changes that we would have had to do a complete rewrite.

I would have liked to have done the Internet Roundtable book as an e-Book and I might still try to talk Jerry and Brenda into releasing it as a free eBook in its unrevised form.

I wrote four or five book chapters for other books last year. None of the books are out yet. The lag time on books is amazingly long. I have a hard time understanding the current trend of bloggers writing books – talk about delayed gratification.

I'd rather do electronic publishing and have collected many of my articles in two different eBooks. I want to do some more things along those lines, especially in the form of eBooklets and some Print on Demand booklets.

Ironically, in 1998, I had a contract to write a book called "The Fully Connected Law Firm," but the publisher went out of publishing business before I finished it. I've made parts of it available in different places. It still surprises me on occasion when someone launches into a great new idea that I developed in the draft of that book almost seven years ago. The material in that book still interests me and the subject is even more real now. I don't have the time and I'm not in a place now to think about a book, but I can see returning to that book one of these days.

I've also toyed with the idea of writing a multiple-author book on legal blogging and RSS with the obvious collaborators. That's always a possibility.

I have carte blanche, more or less, with a publisher to develop a book on Client-driven Technology. That has a lot of appeal, but I'm not in a place where I want to take on a book. I might be willing to try it with a very energetic and detail-oriented co-author, but I still struggle with the long lag time until publication.

I just don't have an enthusiastic response when I hear this question.

Posted by dmk at 09:53 PM

All Request Tuesday - What's Happening with Blawg Channel?

Behind the scenes, it's one of the best things I've been involved in. The external face – the Blawg Channel blog – is a disappointment to us, although there has been some great stuff on there.

We're working on plans for Blawg Channel 2.0. Can't say more than that right now.

I can't stop thinking of the Blawg Channel group as a potential band.

My friend Emmett McAuliffe was always coming up with names for a band that he, Jim McKelly and I would have while we were in college. The irony was that Jim was the only one of us who could actually play an instrument. Those days, however, were the heyday of punk rock and minor details like that were of little concern.

As a result, I still have a tendency to think of groups of people I know as bands and arrange them in ways that fit their personalities. Now that I've met everyone but Denise, I've got the Blawg Channel Group visualized.

The model for me with this group has, from the beginning, been the Patti Smith Group. The parts of this band fall in place pretty easily. I have Denise on vocals, playing acoustic and rhythm guitar, but with at least one Stratocaster solo. Ernie is the lead guitarist, because he is the perfect lead guitarist, and does some vocals. The solid and rock-steady Tom Mighell is on drums, but also takes the lead vocals on a few songs. I wasn't sure about Marty until I met him. He's the great keyboard wizard. I'm on bass, because I'm always playing bass in these band ideas. However, like the Patti Smith Group, Ernie and I exchange roles on a few songs because sometimes I just have to play the lead guitar.

I've also got Matt Homann in mind for our manager. He's trying to get us booked for our first joint appearance at LexThink! Chicago. We might be getting close to being able to announce something.

Seriously, though, the band thing is something I have fun with, not a likely prospect. Blawg Channel 2.0 is a strong likelihood. We've learned a lot about group blogs in this process and it'll be interesting to see where it goes next.

Posted by dmk at 09:31 PM

All Request Tuesday - What's The Mother Teresa Story?

You might mean the story about my yoga teacher who worked with Mother Teresa for a year or two in India.

However, you undoubtedly mean the way some of my friends who held an intervention over the holidays to get me to stop giving away so much information and advice for free started calling me the "Mother Teresa of Legal Technology" as a way to make their point. A number of my friends enjoy this story today. I understand the point, but would prefer another metaphor.

Posted by dmk at 09:00 PM

All Request Tuesday - You Joke Around Sometimes, But Are You Serious About The NASCAR Thing?

Want me to mention your new blog? Treat me to a trip to the Daytona 500.

Yup, the NASCAR thing is serious. It's new. Happened over the last few years. The off-season has seemed really long to me this year.

Hey, what other legal blog will you get discussions of NASCAR, Twyla Tharp, Brancusi and XSLT? I'm pioneering the path so that other legal bloggers can show their personalities. Well, Ernie and Denise really paved the way for me, but Scheherezade is the guiding star on showing your personality. I can’t go as far as she goes, but I admire the heck out of what she is willing to talk about in her blog. If you want to see a lawyer blogger who is definitely a writer, check out Stay of Execution.

Posted by dmk at 08:57 PM

All Request Tuesday - Why Couldn't You Have Been One of My Law Professors?

Man, I get asked this question a lot. It's one that has a definite answer.

I've been blessed in life by being taught by some great teachers and mentors. I feel an obligation to carry on that tradition. My first article accepted for publication (thank you, John Tredennick!) was about running a summer associate program at a law firm and was titled "Honoring the Tradition of Training." I haven't read it in a long time, but I suspect that if I return to it, I'll find more of my core beliefs in there than I realized I was putting in their at the time.

I taught two classes with Chip Fendell as an adjunct professor at the Washington University School of Law, so I've actually done some law school teaching.

If I had a dollar for every lawyer and law student I've known who asked me this question over the years, I wouldn't be spending so much time figuring out how to "monetize" this blog.

That said, let me tell you a story that I don't usually tell.

In the summer of 2003, I decided to apply for law professor positions through the AALS system. That's the traditional approach. I did a lot of homework, talked to a lot of people and really tried to understand the process.

When I looked at the ledger sheet, I saw the following positives:

Top law school (barely, I've been told) in Georgetown University and law review

Publications galore including two legitimate law review articles in the last few years

Actual teaching experience at a reasonable top-level law school

Legitimate areas of research (Open Source licenses; the intersection of law and technology)

Strong interest in working on university/government/business partnerships, including technology transfer

The ability to teach students about the actual practice of law, especially the use of technology

The whole blogging/web thing that I've been involved in for years

The negatives were:

No Federal clerkship after law school (I clerked at the state level)

Twenty years of actual legal experience

The lack of diversity factor (which I agree with and accept as a legitimate factor in the process)

The large number of articles that were "non-academic"

I had several people point out the "negatives" to me. Everyone pointed out to me not to mention that I might like teaching or that students liked me.

In other words, I put together the best possible application I could. I was actually pretty optimistic and was picturing myself strolling the campus in a town like Bloomington, Indiana with a great tweed jacket with elbow patches.

The result: not a single request for an interview.

You don't have to be a weatherman to know what way that wind blows.

So, there you have the answer to the question. Most people tell me that it's the actual experience in practicing law that is the disqualifier. Many law schools apparently feel that practicing for more than two or three years "taints" someone's potential to be an academic. Several people told me that I should make sure not to even mention all of my non-academic articles.

Now, I have an opinion about all of that, which many practicing lawyers and recent law school graduates share, but I'm not going to dwell on that here.

But, in this case, there is actually a definitive answer to why I can't be your law school professor.

By the way, I'm not bitter about this – it was important for me to chase this idea down because so many people have told me that I should be a professor. It does bother me, however, that the law professor blogs seem to studiously ignore the practicing lawyer blogs. That's part of the story behind the Matt Homann write-in candidacy for the Top 20 Legal Thinkers Poll by Legal Affairs magazine. Blogging is about connecting and building bridges, after all.

Posted by dmk at 08:44 PM

All Request Tuesday - Did You Do Any Other Work Today?

A surprisingly popular question today. The answer is "yes." As you know, all bloggers work on their blogs outside of regular working hours and on their own personal time.

Posted by dmk at 08:10 PM

All Request Tuesday - What Are the Most Common Mistakes a New Legal Blogger Makes?

Interestingly, this question comes from someone whose blogging history seems very mistake-free to me.

I've made plenty of mistakes. Still do. I'm sure that some people will think this "All Request Tuesday" is one of them. You really should expect to make a few mistakes and be prepared to admit them and correct them and move forward.

Here are a few big ones:

1. Launch a blog without trying to understand the blog culture or the blogging world. So many mistakes fit into this category. I'd spend at least a month or two trying to get a good feel for (1) the legal blog world and (2) the blog world at large. THIS DEFINITELY MEANS GETTING A NEWSREADER AND UNDERSTANDING RSS FEEDS AND HOW PEOPLE CONSUME RSS FEEDS. People with experience on email lists and other types of discussion groups tend to do a lot better at this than people without that experience. Many of the same issues come up – netiquette and the like.

2. Don't post on a topic that you clearly got from another blogger without crediting that blogger for pointing out the link, article or resource to you. Most bloggers subscribe to a lot of RSS feeds and it is very obvious where you got the "idea" for your post. In legal blogging, this issue is more pronounced because many of the legal bloggers know each other and we usually will not post on the same topic that another blogger has discovered out of courtesy. In the business blog world, on the other hand, you'll often see many bloggers post the same item. Neither way is better, but in legal blogs, bloggers tend not to do "me too" posts. Instead, you'll reference another blogger's post and comment on their post to make sure they get credit. If you "echo" another legal blog, believe me, you'll get noticed, but not the kind of notice you want.

3. Falling for the common advice about getting reciprocal links and treating prominent bloggers as if they offer a free search engine enhancement service. There are some very generous legal bloggers who routinely mention new legal blogs. They do that because they are good people. They do not offer a free marketing service to which you have some entitlement. They'll mention your blog when they get the chance. Similarly, I mention other blogs because they have great information that is useful to my audience. If you want me to mention your blog, work on producing great content, not on emailing me to ask me to mention your blog or to link to it or to add it to my "blogroll." Let me give you an example. The legal bloggers who know Jim Calloway love Jim Calloway. When he launched his blog recently, we could not do enough to mention his blog, link to it and give it a rocket launch. Even though we told Jim what would happen, Jim was stunned how quickly he zoomed to the top of Google on a search for his name. It happened in not much more than a day or two. The current approach of Google gives some of the prominent legal bloggers enormous power to enhance your Google search rankings. That has enormous value to a new blog. Think carefully before you make requests for reciprocal links and mentions without planning to offer anything in return. I see the economic benefit you get from me mentioning your new blog, but I really don't see what benefit I get in return. At the very least, you want to say thank you to someone who mentions your new blog and mention or link to their blog in return. I have no doubt that Tom Mighell has mentioned many more new legal blogs than the number of blogs that have links back to his blog. He's a saint – I'm not quite that saintly.

4. Being overly-familiar with existing bloggers or taking pot-shots at existing bloggers to make a name for yourself. This is a variation on #1, but the level of politeness and courtesy among legal bloggers is very high. Yes, that does surprise people. Again, most of us now know each other and we'll find out if you are really a pal of someone you claim to be a pal of.

5. My Pet Peeve: Being a New Blogger Who Lectures People About the One True Path of Blogging. Yikes! Don't launch a blog and start throwing around definitions of what is and isn't a blog and making other pronouncements. Settle in and do your own thing for a while. Look, listen and learn. I'm interested in questions you raise, your unique viewpoints and the like, but I grimace every time I see a new blogger start lecturing people about blogging, almost always without knowing what they are talking about and the history of the issue. I value your fresh voice, not your know-it-all voice. There's a big difference.

6. Think Carefully About This Anonymous Thing. I really struggle with the idea of anonymous legal blogs, but I'm an old-school kind of guy. On the one hand, I am very disturbed by the current legal culture in which associates in law firms live in such a state of terror that they will not blog unless they are anonymous. On the other hand, I don't understand how blogging anonymously helps you. Of course, look what I named my blog.

7. The Biggest Mistake – Not Using Full Text Feeds in 2005. Almost all of the other bloggers will subscribe to your RSS (Atom, RDF, etc.) feed and read your posts in a newsreader rather than actually visit your page. Anything other than a full text feed makes you a candidate for deletion whenever someone decides to prune the number of feed subscriptions that they have. I believe that you really have to understand newsfeeds and their role in Blogosphere 2005 to be most effective as a blogger, but that's just my opinion and I'll respect your reasons for taking another approach.

Bonus: Not Treating Your Blog Launch Like the Launch of a Publication. Coming up with regular blog posts is surprisingly hard work. I suggest getting some material together in advance to help you sustain the first few months.

Posted by dmk at 08:00 PM

All Request Tuesday - Was That Really You in Trial Lawyer Magazine?

Being a blogger brings you a constant stream of surprises. About the last legal publication I expected to find myself in is Trial Magazine, the magazine of the Association of Trial Lawyers of America.

That said, Rebecca Porter has written one of the best articles on the use of blogs by lawyers that I've seen in a while. The article is sprinkled liberally with great quotes from Ernest "Ernie the Attorney" Svenson, Carolyn Elefant, John Palfrey and me. All four of us are on our game in this article and the quotes are insightful and illuminating. Rebecca's done a great job pulling together some key blogging ideas in this article and includes some great resources. It looks like you have to be a member of ATLA to read the article, but, if you are nice to a trial lawyer you know, they might be willing to lend you a copy.

Highly recommended, especially if it will keep a few trial lawyers from suing people and divert them into blogging instead.

Posted by dmk at 05:44 PM

All Request Tuesday - Why Are You Writing Fewer Articles for Print Publications These Days?

That's been a trend that has happened over the last few years. My favorite audiences for my articles are my website and blog audiences. I've long liked to publish in Internet publications like LLRX.com and Law Practice Today rather than in print publications.

The great delay from writing to publication is a big issue when writing for print. I hate the long delay. Some print publications also tend to be fussy about wanting me to sign over all kinds of rights, even wanting to keep me from putting my articles on my website or using them as seminar handouts. I want to keep maximum flexible on those issues.

My other concern is the lack of response you get from print articles as compared to Internet publications. When I publish on the Internet, I get emails from readers, reprint requests and good feedback. With some print articles, I feel like I write them and throw them off a cliff into a great void. Not all the time, of course, but you get the idea.

I usually write for print because (1) I like the editor of the publication and can write something to help them out, (2) a publication pays for an article (it actually does happen!) or (3) I want to make use of a reprint for marketing, or (4) feel that a print publication exposes me to a new audience that I can't reach on the Internet. As a practical matter, in today's Internet world, points 3 and 4 never come into play.

In fairness, I have hundreds of publications and have my own research into how print publication compares to Internet publication, so I can take the approach I take. However, I often advise new writers to consider the Internet approach rather than getting over-focused on print publications, depending upon the audience that you want to reach. Today, a popular blogger will probably get more bang for the buck in terms of audience response from self-publishing an article on his or her blog than from a print publication.

Print still has an important place. I like seeing my articles in print from time to time, but, if you are writing articles as a marketing strategy, you have to think very carefully about placing articles in print.

Posted by dmk at 05:30 PM

All Request Tuesday - What's The Deal With That Long Post You Wrote All In The Third Person?

For me, this blog is in part a place to experiment with different styles of writing. In fact, some might even think that this "All Request Tuesday" is a writing experiment.

The post in question was a result of three things:

1. I had read an article about how to write great press releases and I wanted to experiment with the format and approach.

2. I felt that if I wrote about the topics in a normal blog post, it would turn into a huge, rambling piece that I might not ever post. By limiting "my" comments to a series of quotes, I imposed some discipline on myself.

3. I was curious to see whether the techniques used in that post would have any impact on search engine rankings and wanted to conduct an experiment along those lines.

No post I've ever done caused more confusion among my regular readers or raised more questions about style and meaning than that post did. I'll probably keep to my regular first person style for the foreseeable future, but I confess that I might get tempted to try that approach again.

Posted by dmk at 04:19 PM

All Request Tuesday - What Three Things Should You Resolve Before Becoming a Lawyer

Here's the full question (and it's a good one):

What three things would you tell your younger self, if you could go back in time, or your daughter in the future, to resolve about themselves when trying to decide whether law is the right career?

I've answered this question, in one form or another, on a regular basis over the years, but hadn't considered it in the context of my daughter or my younger self.

These days, I recommend that you resolve the following things:

1. The source and focus of your creative energy and your need and form for expressing your creative impulse and yourself. The practice of law might actually be the best place for you, but you'll want to determine whether the practice of law will enable you to express your art or whether it will stifle it. If the latter, it's better to walk away sooner than later. If you are born to play the guitar in a band, riffing through law books will never satisfy you.

2. What ways do you really want to help others. The best lawyers I know start their answers to the question "Why do you like to practice law?" with the words "I like to help people . . . ." As in #1, if you get this right, you can thrive in the practice of law. If you don't resolve it, you will always feel something tugging at you that will pull you away from the practice of law.

3. Is it really you and not someone else doing the choosing? Are you going to law school to please parents, boy friend or girl friend, spouse, teacher or even some idealized image you have of yourself. I admire today's law students because they really think about what they are doing and make a conscious choice to become lawyers. The promise of this new generation of lawyers is, therefore, immense, assuming that we don't irretrievably wreck the profession before it gets into their hands. Talk to lawyers of my era and you'll hear more about "the economy was bad," "I followed my then girl friend" and "I wasn't sure what else to do" than you would ever expect. That's part of the reason you'll find very talented people who have left the practice to do other things rather than stay in the profession and try to make changes.

There are other things, of course, that are more practical. I recommend getting a part-time job at a law firm, learning about the various types of law practice and the everyday realities of the work, and generally doing your homework.

In retrospect, however, I most wish that I would have had the opportunity to work with someone like my career counselor and coach Pat Bush at that younger stage. I might have ended up doing the same things, but I would have had a better understanding why and they would have been my choices, made for solid reasons. Most of us have approached careers as a form of improvisation, which, given the impact of career on your life, is probably not the wisest thing to do.

Finally, I'd want to say to my daughter that our attempts to help you, as wacky as they might seem, are made with the best intentions and based on the best of what we know. We ask that you consider them carefully, but ultimately make your own decisions – for you and not for us. In all events, we love you, are proud of you and want you to know that you have earned our respect for your judgment and choices that you make. Of course, I'm from a small town in Indiana and it is far easier for me to write something like that than ever to say it out loud. But, I'm trying to learn.

Posted by dmk at 04:01 PM

All Request Tuesday – What Were the Most Interesting Products or Services You Saw at LegalTech?

OK, I admit that I fell down on the job and spent more time talking with people than looking at products.

To remedy the situation on the last day of LegalTech, I convinced Zen Master of Legal Technology, Michael Kraft, to give me a quick tour of his must-see products. As usual, he directed me to two compelling products/vendors. The first was nMatrix, a great electronic discovery tool. The second was KwikTag from ImageTag, a simple but compelling, low-tech, but high-tech tool.

If you read my blog, you'll also know that I was very impressed with the new offering from Recommind.

Otherwise, I had some sense for the coming return of what used to be known as the application service provider model, which makes great sense and takes advantage of a much better platform and environment than it did in its first generation. Also, I see that the availability of cheap storage, memory, power and bandwidth has bought into play applications that weren't possible or didn't work well in the past.

Oh, yeah, blogs and bloggers were definitely hot topics.

Posted by dmk at 03:29 PM

All Request Tuesday – What's Kennedy's Law of Legal Blogging?

Quite a while ago, I was joking around about legal bloggers and brought up the topic of Moore's Law. I suggested that I should have a "Kennedy's Law" named after me about legal blogging. So, I used the Moore's Law eighteen-month timeframe and said: "Any lawyer who starts a blog will leave their current law firm within eighteen months."

As luck would have it, I started my blog when I knew I was leaving my old law firm but hadn't announced it officially. I also new a couple of people who launched blogs while they were actively looking for jobs. All of a sudden, my jokey law looked like it had some truth.

In fact, I know people who worried about starting blogs because of Kennedy's Law and that they didn't want to lose or leave their current jobs.

Although the invention of "Kennedy's Law" grew out of an attempt at humor, let's face it, there is a strong element of truth in it. The best bloggers are great writers, very creative and understand, even live and breathe, the potential of the Internet and blogging. Their blogs become creative outlets and bring them new audiences and new friends at a time when some aspects of their jobs may be unfulfilling. Over a reasonable short time, blogs can bring recognition, friendships, respect and opportunities that a blogger probably does not find in his or her current work situation. To make matters worse, an employer might discourage or even penalize a blogger for the time spent on blogging. Eventually, the siren call of the Internet, the blogosphere or new opportunity becomes great enough to prompt a blogger to move into a new situation.

Whether this process happens in all cases (clearly it doesn't) or within an eighteen-month or shorter time-frame (I've got no empirical data on that) to the extent that you can create a "law" is an open question, but Kennedy's Law reflects a very real dynamic.

Posted by dmk at 03:28 PM

All Request Tuesday – Why Doesn't Your Blog Have a Clever or Latinate Name?

I had lunch with Evan Schaeffer in December and told him that I loved his observation that lawyers used Black's Law Dictionary as the prime source for blog names. He's even listed obscure Latin legal phrases that no one has taken for blog titles and offered them as suggestions. Evan and I, and perhaps a few others, think that this is a hilarious observation.

I chose the name of my blog for two reasons. First and foremost, I conceived of this blog as an experiment in writing, where I could write in new ways and find a new audience. I didn’t do a lot of thinking about blog strategies or marketing uses of my blog – I just knew that I had to have a blog – in its way, it was my next form of art. As a result, I didn't want to pick a title that limited what I could write about, as a title that reflected legal technology or technology law might. An example to consider: Marty Schwimmer of The Trademark Blog is one of the funniest, most brilliant people I know. You can pick some of that up from his blog, especially his wildly popular SpongeBob posts. However, it is very difficult for Marty to write about topics outside of trademark law on "The Trademark Blog." On DennisKennedy.Blog, I don't have those kinds of constraints.

Secondly, my friend Kevin Buckley kept saying to me that I was known because of my website, writing and speaking as "Dennis Kennedy" and that my name was a kind of brand and that it was crazy to try to create a second brand for myself when I could "build out" an existing brand. Adding the "dot blog" to the end was a little burst of inspiration I had one day that I've grown to like a lot.

My blogger friends hear from me all the time that they need to get their names on their blogs. I convinced Jim Calloway when he named his new (and excellent) blog, but others are a tougher sell. I'm getting some traction on the subject, though. At LegalTech, people said to me, "Hey, Dennis!" I was always introducing other bloggers with a subtitle like "The Nonbillable Hour" or "Inter Alia." It's interesting how people can be huge fans of a blog and not be familiar with the name of the blogger. When you see name changes to titles like "Matt Homann's Nonbillable Hour" and "Tom Mighell's Inter Alia," you will know that I'm starting to have some influence.

That said, if you name your blog after yourself rather than using a clever name, you may later sacrifice sales of T-shirts and other items (e.g., a Blawg Channel t-shirt would be better than a DennisKennedy.Blog t-shirt), but people will know you by name. In my case, course, I was relatively well-known in legal tech circles before I started my blog and if you are relatively unknown, you might want to take the approach of the catchy name. In that event, I still recommend a "Your Name's Clever Blog Title" approach.

Posted by dmk at 03:23 PM

All Request Tuesday – What Types of Posts Do You Like to Make?

I was at a funeral recently and, not being Catholic, was day dreaming while everyone else was going up for Communion. I realized that many of my blog posts are like the homilies you hear in church. I'll focus on a text, explain it a bit, show an analogy or tell a related story, and then try to draw a lesson or raise a question to think about that in a larger context. I haven't checked to be sure, but I suspect that you'll see that pattern pretty consistently in my posts.

Posted by dmk at 03:22 PM

All Request Tuesday – What Two Things Will Bloggers Bend the Truth On?

1. How much time they really spend on their blog.

2. How much time they really spend thinking about how they can turn daily experiences into blog posts.

Posted by dmk at 03:20 PM

All Request Tuesday – What Software Do You Use for Blogging?

Since the beginning, I've used Movable Type for my blog. It requires a finicky installation and it's hard to get it set up right, but, after that, it's been great. I routinely recommend that new bloggers simply use TypePad, which is what we use for Blawg Channel. It makes it easy to get started.

I'll either post entries in Movable Type directly (a great way to lose your work if you are simultaneously going to other websites while you write a post) or write them in Word and copy them into Movable Type. There's a big need for a blog writing tool like Blogjet, but none of them have won me over yet.

For RSS feeds, I've long used FeedDemon and consider Nick Bradbury the most under-rated player in the whole blogosphere. I've been tempted by other newsreaders, but Nick has consistently done great work and matched his feature list to my wish list. It drives me crazy, though, to hear people say that they don't want to use FeedDemon because it costs $29.95. That's a bargain for one of the most-used programs in my software arsenal. There's probably some inevitability to FeedDemon being purchased and built into another broader software tool, but I'll probably be following FeedDemon wherever it goes.

Posted by dmk at 03:18 PM

All Request Tuesday – How Many RSS Feeds Do You Subscribe To?

How about that Super Bowl? Was that the phone ringing?

An embarassing number. I've written a long post that I haven't put up yet on the topic. It's tentatively called "Heart of Blogness: My Visit to Scoble Country." It needs some editing, but I want to post it soon.

Posted by dmk at 03:17 PM

All Request Tuesday – What is the Hardest Thing About Blogging?

What Matt Homann has called the new starving artist syndrome. That is, explaining to your spouse, boss and others that blogging is a great thing when you cannot point specifically to cash that comes in because of the blog.

Writing good posts on a regular, even daily, basis is also much, much harder than people think, even for people who are writers by nature, especially over a long period of time.

By the way, as Ernie the Attorney noted the other day, explaining to people what a blog is hasn't gotten any easier over the years either.

Posted by dmk at 03:15 PM

All Request Tuesday – Will Your Daughter Be Guest Blogging Again?

She's concentrating on a big research paper (sixth grade!) this trimester, so she's not writing stuff that will translate to a blog (at least that I know of). I have little doubt that you'll see some posts from her from time to time in the future. She might be the best writer in the family already.

On the other hand, I haven't been able to convince my wife to post anything to my blog. She said that she'd prefer that I instead write long, gushy posts proclaiming my enduring love for her. And, she said, she might be helping one of the other sixth grade mothers with a new blog.

Posted by dmk at 03:09 PM

All Request Tuesday – How's Your Sleep Apnea?

Thanks for asking. After about three years of treatment, I slept completely through the night for the first time in many years last July. In a surprisingly quick period of time, I was sleeping through every night and even have REM sleep and dreams again. I feel better than I've felt in many years.

As some of you know, I stepped up to the plate and got sleep-tested a few years ago, which confirmed the apnea problem. I lost nearly 50 pounds in the first year of treatment (hey, the boring, change-your-habits and understand-your-portions, lose-a-pound-a-week approach really works), used a CPAP machine for a few years, got my deviated septum fixed and, although the side effects were a little rocky at times, tried some of the standard medication routes. As my sleep doctor said, I did everything that doctors want their patients to do and should be giving seminars on the topic.

I also did a lot of research and tried to understand the condition, which is more common and more disruptive than most people realize. It is a very dangerous condition and you should not minimize its effects or treat it lightly. Around the time that Reggie White died, possibly related to his sleep apnea condition, my niece's husband's father, a sweetheart of a guy, died in his sleep and he was using a CPAP machine at the time.

If you are a male, over 40, carrying some extra weight, feeling tired a lot of the time and your wife complains about your snoring, GO SEE YOUR DOCTOR ABOUT GETTING A SLEEP TEST. If you are diagnosed with sleep apnea, work hard at following the program and find ways that you can use a CPAP machine and not excuses why you can't. Ask me for suggestions. I want to see you around for a long time and so does your family.

Posted by dmk at 03:08 PM

All Request Tuesday – Are You More Optimistic or Less Optimistic About the Use of Technology by Lawyers Than You Were a Few Years Ago?

Overall, much more pessimistic. In certain limited areas, more optimistic than ever.

Clients will utlimately determine the directions and rate of change we will see in legal technology. Until now, clients have not pushed very hard. I don't expect that state of affairs to continue much longer, especially if I'm advising clients of law firms.

Posted by dmk at 03:04 PM

All Request Tuesday – Who Are the Legal Technology Experts You Use and Learn From?

I almost ducked this question because I'll inevitably leave someone out that I should have mentioned.

Let me try to answer in the following way. There are a large number of people I talk to on a regular basis and I've learned a tremendous amount from them. There are also some groups I'm in that are like pools of experts – TECHSHOW Board, Blawg Channel group. The people I talk to also expands and evolves over the years. For example, there's a set of blogging experts who I talk to regularly that I really didn't even know a year or so ago.

There are some people, however, that I pick up the phone and talk with, or they call me, on a regular basis, or who I consider my go-to people. They are all brilliant, but under-appreciated, at least in my judgment. If you did a study on me, you'd find the following, plus a few more, are the people I tend to turn to when I have a thorny issue or want to think something through.

Big Picture – Marc Lauritsen, Michael Kraft

Internet – Jerry Lawson, Tom Mighell

Legal Tech – Dan Pinnington (in fact, I spoke to him this morning), Jeff Beard

As I said, there are lots of others and some people who it was very difficult to leave off this list, but if you limited me to six choices, in these categories, that's my list right now.

Posted by dmk at 03:02 PM

All Request Tuesday – How Was Your Combined Law Firm Annual Retreat with Matt Homann?

Our experience at Blogwalk Chicago over-shadowed the joint law firm retreat and, not surprisingly, we spent more time talking about LexThink! Chicago than anything else, but Matt and I did spend a fair amount of time on our law practices. More accurately, we talked about mine because Matt's recently-announced move to California was not yet final and it left his plans in flux.

Let me give you the short version. In many key ways, especially state licensing issues, the current rules of professional responsibility and lawyer regulation stymie the logical progression of my practice. Most of the calls I've gotten lately about potential new legal clients have come from people in states where I am not licensed to practice and I refer those people to lawyers in the appropriate jurisdictions. Unfortunately, the current rules very much discourage any kind of referral or finder's fee arrangement.

We discussed what I've called a "Second Pair of Eyes" package where I'd provide a consulting type of service to other lawyers who do not have the experience or expertise with the types of licenses, contracts and transactions I concentrate on. This notion is very attractive to me on many levels and my initial feeling was that it avoided many of the regulatory issues. I thought it worked for lawyers because I had no interest in claiming other work from their clients and, in most cases, I wouldn't even need to meet with their clients. However, several lawyers have indicated to me that they see even more potential problems under the ethics rules with this approach than I face in the traditional practice, plus potentially more malpractice exposure. The conclusion: interesting possibility, but a lot more research required.

My preference is to focus my legal practice even more so than I do now, looking to focus on Open Source license issues, ASP or hosted services agreements, and Internet agreements. The ideal client base would then become the "consumer" or licensee side of IT transactions, and my practice would then become oriented to "consumer protection" for business entering into important IT agreements. I'd then create a range of service packages and flat-fee arrangements.

An alternative I've resisted, and Matt agrees with me, is going back to handling estate planning work, which I did for more than ten years. Although I'm still pretty good at that and could get back up to speed quickly, it's clear that I need to make my marketing message tighter and simpler, not more confusing.

The last option we talked about is one that really appeals to me. It's transforming my law practice into a "legal education" practice. In other words, my legal practice turns into the delivery of legal seminars, geared to corporate counsel, business executives, contract administrators and the like. The seminars would cover Open Source licensing issues, contract review and negotiation, and a few focused topics. The seminars would be delivered live for a fee and also turned into audio or video products. By concentrating on the education component and not actively seeking to do specific legal work for a seminar customer, I'd differentiate myself from the law firms providing seminars as thinly-disguised marketing efforts.

Ironically, we both came to the conclusion that the path that made the least sense was developing a traditional law practice, especially since my Internet presence guarantees an increasing number of inquiries from non-Missouri residents. Complicating the issue is the proposed Missouri advertising rules which, if passed, will gut any effective marketing efforts I would want to conduct.

The take-away:

1. The most logical and practical step for my law practice is an "of counsel" or other affiliation with a large national law firm that could put together a creative, part-time option. I'll be exploring that.

2. The educational seminars approach makes so much sense and fits well within the other speaking and audio projects I'm doing and I'll move forward on that.

3. I'll explicitly refocus and narrow the range of my practice, with the emphasis on the notion of "IT consumer protection."

4. In general, my Internet presence will increasingly emphasize the legal technology side of my business rather than my law practice. My legal marketing will be directed almost completely locally, other than for educational seminars.

5. After a discussion with Marty Schwimmer, my email newsletter – Practical Technology Contract Review News – will soon be making a return in a new format and with a new approach, with a "consumer protection for businesses" point of view. You can email if you want to get on the subscriber list.

The Big Picture Item – After the conversations that Matt and I had on our respective practices, I can easily make the case for almost any lawyer to hire Matt and me to analyze his or her practice and put together an action plan with follow-up coaching. I'd like to get some feedback on the potential market for that.

My Probably-A-Little-Bit-Ahead-of-Its-Time Idea – Creating a wiki with my business plan and inviting people to review it and make changes and improvements to it.

Posted by dmk at 02:29 PM

All Request Tuesday – Why Haven't You Written about the Blawger Dinner and Lunch in New York Last Week?

I sometimes tell people that a few years ago (shortly after I realized that I had more than 300 publications to my credit) I realized that I had transitioned from being a lawyer who occasionally wrote articles to being a writer who sometimes practices law. I started this blog shortly after that.

I say that because part of my answer is that I did write about the blawger dinner. It was the post about Johnny Carson. That probably shows me thinking more like a writer than thinking like a lawyer.

I've been thinking about writing about both events in more detail, but I've also noticed that not many of the other participants have written about them either.

The reason for that may be that both events, in their own ways, were both great fun and profound at the same time. I suspect that some people at these events will in the future point to them as pivotal events. There is a lot to process.

The story I tell about the blawger dinner is this one. I sat at the table with Neil "TechnoLawyer" Squillante on my right and Marty "The Trademark Blog" Schwimmer on my left. Although I have known both of them for several years, that evening was the first time I met either of them in person. In fact, we haven't even talked very often on the phone.

I will tell you that I felt that I was with two of my very best friends and we had the kinds of conversations you would expect to have only with your best friend from high school or college. Anyone watching us would have assumed that we had been friends for many years. In the most compelling way I've ever seen, I learned that the Internet is about "connection."

However, I had amazing conversations with other people at the dinner and could tell that similar things were happening around the table. In a group of bloggers these days, I'm consistently struck with the realization of what a creative, bright group of people you have and whether there are ways that you can work together.

Whether at Blogwalk Chicago or the LegalTech blogger events, you begin the feel the energy and the movement toward generation 2.0 of blogging, which will be forms of collaboration among bloggers.

The Blogger lunch was also great, in a somewhat different way, because of the mix of bloggers and non-bloggers. It's interesting how there is a kind of instant bond among bloggers and a way that other bloggers can jump into a conversation with a non-blogger and make the same points as you want to make, often in a better way. It's not quite like finishing your sentences, but it's similar.

At the lunch, I also had a long conversation with American Lawyer Media's Stacey Artandi that really helped me rethink and redefine the whole "monetization of blogs" issue. Stacey is someone I'd like to see blogging.

Now, go back and read the Johnny Carson post and see if you don't think it was about the blawger dinner after all.

Posted by dmk at 02:23 PM

All Request Tuesday - When Are You Going to Fix the Typos on Your Website

As Evan Schaeffer has noted, visitors to a blog or website will often let you know about problems, mistakes, typos and the like. I'm always grateful for readers who spot these things and report them to me.

Unfortunately, because I am the entire staff of one behind my website, fixing priorities often falls into the realm of good intentions rather than good execution. It's sometimes easier to keep a list of changes, updates and the like, and take care of them all at once.

Recently, I learned that a change in the physical server on which my site is hosted has resulted in a version of my site being displayed that contains some typos I've fixed before (e.g., "flat-free" rather than "flat-fee"). Because I moved away from a process where I used Notepad and an FTP program to manage my website to a much better process of using Macromedia's Contribute 3, there can sometimes be some technical issues that take a bit more time to resolve than in the old days when I could make a quick edit in Notepad and FTP the revised file up to the server.

So, the answer is soon. Maybe not soon enough, but soon. Expect a round of updates across the board as well.

Posted by dmk at 02:19 PM

February 07, 2005

Announcing All Request Tuesday

I've long admired Scheherezade Fowler for her "all request" days on her blog. Evan Schaeffer also answers questions from readers on occasion, although I have a sneaking suspicion that he makes up some of the questions.

In my own little tribute to the pioneering efforts of Sherry and Evan, I've decided to have my own "all request Tuesday" tomorrow (February 8).

Here's how it works: email me your question on any subject you want and I'll try to post an answer to the question tomorrow. If there are a lot of questions, I may take another day or two to post my answers.

The key ground rules are:

1. I will not answer any question that will require any response that might be construed by any regulatory body as legal advice. In other words, no questions about your specific legal issues.

2. I reserve the right to decide not to answer questions that I think will lead to uninteresting answers or have insufficient entertainment value (for me, not necessarily for you).

3. I will not identify the questioners (unless you really insist and I decide that identifying you will make the post more interesting to my readers).

4. Of course, I reserve the right to dodge any difficult question, change the subject or blatantly misread your question in order to answer an easier question than the one you actually asked.

For my convenience, please send your questions and requests to denniskennedyblog @ gmail.com. If you use my regular email address, that will be OK too.

Posted by dmk at 09:02 PM

February 04, 2005

The Most Important Post I Read Today - February 3 - Doc Searls on Moving Beyond "Content"

I'm still processing thoughts and catching up after a great - no, wonderful - time at LegalTech in New York. I expect to begin posting about some of that in the next few days.

In the meantime, the most important post you'll read today is Doc Searls' new Suitwatch column called Beyond "Content": Digging the New Intermediation Business

One of the many money quotes in this column echoes an "aha!" moment I had as I thought about blogging on the plane back from New York:

"Now, rather than look at how intermediaries will stay in business and thrive, let's look at the bottom-line questions, which are, of course, centered around money. There, the biggest question isn't 'How will they make money?' It's 'How can they connect artists with customers?'

Markets, as I've often reported: http://www.searls.com/doc/lunacy2003/ds_keynote/source/slide47.htm, are not only about transactions or even conversations, which was Cluetrain's first point. They're about relationships. That means, if you're in the business of intermediating the sale of the artistic goods we still call 'content', your job is facilitating relationships between artists and customers."

If you are a blogger, there is no more important text that you will find today to meditate upon for the next few days.

In my view, if you flip, rotate and turn over these concepts, as I have, you end up at some very interesting places.

We'll be talking more about this soon.

Posted by dmk at 09:12 AM

February 01, 2005

Bye-Bye Johnny, Johnny Bye-Bye

I was at the pattismith.net site a few days ago and found a great little poem called "John William Carson."

I was reminded of how patti smith referred to Carson as the "human parachute" and the poem will have many resonances for those of us who grew up in the Carson era.

There are two passages I wanted to share.

First:

"You taught us how to improvise, to question and respond.
You were a nonpartisan conscience. You brought us opera,
jazz, wild animals and obscure though radiant human beings.
Spelling bee winners, inventors and outspoken innocents."

But more so, the second:

"Goodbye Johnny. I imagine you will have to endure at least
one saint or prophet greeting you at the gates of heaven,
not able to resist, calling out:

'Here's Johnny!'

I know your comeback will be perfect and that you will
have them rolling in the clouds."

In a world of cable and satellite, it's becoming difficult to conceive of a time when a television brought the sense of shared experience that The Tonight Show did, where terms for television like "electric hearth" seemed appropriate.

Today, we hear about 500 channels and nothing on. But, that's not really an apt description and is misses some important questions.

What if it's 500 channels and something on 10, 100 or even 500 of them? At the same time even.

What if it's 500 channels and the ones you love and the ones I love are different? How do we make connections then?

Or, most interesting, what if it's 500 channels and at least one of them is yours to program?

Bye-bye Johnny, Johnny bye-bye.

Posted by dmk at 05:33 AM

January 27, 2005

The Most Important Post I Read Today - January 27

From my friend Fred Faulkner:

It's easy to forget that your friends might have brothers and sisters, sons and daughters in the military at risk around the world. It's way too easy to forget that our armchair quarterbacking and political debating points may not seem quite so important to people who worry every single day about the safety of people they care deeply about. In part, I single out this post today because the first sentence, just a simple sentence, quoted below, hit me like a ton of bricks when I read it this morning.

Fred's post reminded me of that and he also points to a fascinating way people are using technology to communicate and motivate our people in the military.

Fred says:

"As I have written before, my brother is over in Iraq fighting for this country. Rob told me about this Web site called Grouchy Media. It is run by a guy who couldn't go and fight so he did the next best thing, publish motivational videos for the troops to download and watch." Read the rest here.

Posted by dmk at 10:43 PM

January 26, 2005

The Most Importtant Post I Read Today - January 26

From Nick Bradbury:

CSS and RSS: Rivals or Partners?

When you consume/read blogs via RSS feeds, what is the role of blog design? What happens when your most important readers do not visit your blog? What does it mean to live in a feed-dominant world?

Nick's take on this topic is, as usual, wise and fascinating, especially since he lives in both the CSS and RSS worlds.

As the developer of FeedDemon, the newsreader I am a huge fan of, Nick Bradbury is my clear choice as MVP of the Blogosphere for 2004.

Posted by dmk at 11:53 PM

January 25, 2005

The Most Important Post I Read Today - Jan 25, 2005

Maybe a new feature of my blog.

"Gravy," from Gaping Void:

The money quote (at least for me):

"In other words, when do the early adaptors get to take their well-earned seats on the Gravy Train, while the late adapators desperately try to play catch-up?

The answer is, basically, as soon as the early adaptors figure out how to turn their early discoveries into 'Deliverables'."

Posted by dmk at 07:18 PM

January 24, 2005

Snow Fooling, Blog Walk Chicago was Amazing!

In our last installment, I was about to drive to Chicago with Matt Homann for our combined law firm retreat (more on that in a later post), do some prep work for LexThink! Chicago (more on that later, but invitations are out and the Catalyst Ranch space we have could not be more perfect for what we want to do), and attend Blog Walk Chicago.

We got into Chicago a short time before the biggest snowstorm in three years hit. We met up with the multi-talented and multi-blogual Fred Faulkner for a drink after work and then walked over to Bandera's for a fabulous dinner.

We woke to a snowy Chicago morning and went to visit the Catalyst Ranch before cabbing it up to Blog Walk. The Catalyst Ranch dazzled me, and I put a hold on a room there for the March 30 ABA TECHSHOW 2005 Blogger Dinner. Now, I just have to convince the rest of the ABA TECHSHOW 2005 Board to confirm the reservation. If we can do the Blogger Dinner at the Catalyst Ranch, it will become even more of a must-be-there event than it already is. (By the way, there will be opportunities to sponsor this event, provide giveaways to attendees, et al., as part of the ABA TECHSHOW 2005 sponsor/exhibitor options. You can contact me for more details.)

We were a bit concerned about being able to get up to Northwestern University for the Blog Walk, but the roads were reasonably clear, at least until we hit Evanston. Then it got to be more interesting. We rewarded our cabbie's performance, both driving and trying to persuade us how difficult it was, with a big tip and waded through the snow to Blog Walk.

We were late and walked into the middle of the event, but found, to our delight, that Blog Walk agenda was organized using the "Open Space" method we want to use at LexThink! Chicago. We got to see it in action and we were very pleased with the method.

You can find other reactions to Blog Walk from other attendees (pictures here and Lilia's post points to other commentary and resources) and on the Wiki, but here are a few of my observations.

1. I feel like the world's biggest blogging fan. It was a thrill to meet the other bloggers, some of whom I've read for several years, and get to say, "I subscribe to your feed and I want to say thank you for all that you've done." I resisted the urge, but there was a part of me that wanted to go around and collect autographs. (I'd still like to get this picture of Lilia, Jack, Steve and me autographed).

2. What a rush it is to be a room with a group of people with that level of talent, intellectual firepower AND generosity. You felt welcome. The discussions never lagged, the ideas flew and I noticed that people were always sharing suggestions, tools and ways other bloggers could do things better and easier. Matt said something about there easily being 500+ great ideas that floated around the room. I agree with that. I have a lot of notes. I was greatly energized.

3. What about the walk part of Blog Walk? There was an amazing snowstorm going on, but there was a memorable walk that was part of my Blog Walk experience. Matt, telcom guru, Martin "Telepocalypse" Geddes and I walked five blocks to the train to get back downtown. I'd guess the temperature was in the low teens (that's Fahrenheit), with a steady wind driving the snow and gusts that were in the 20 to 30 miles per hour range (you can do your own wind chill calculations – I'm afraid to find out). We just missed a train and then had to huddle in a small shelter for about 30 minutes for another train. After a long ride, with many delays, Matt, Martin and I warmed up with another great Chicago dinner and a long conversation.

4. At the end of the day, Jack announced that the shares of the costs came to $20 each. What an incredible bargain! Matt and I were talking on the way home that any organization who paid $250,000 to get this group of people for a day or two to discuss their problems and issues, strategies and future directions, would be getting the bargain of the century. All of us there (see the list at the end of this post) got an incredible level of insight and help for the cost of splitting the food (great pizza) we shared.

5. I enjoyed the fact that I was able to have significant conversations (some short, some long) with everyone there. If you are fans of these bloggers, I can tell you that they are all cooler and even more brilliant in person than even what you see on their blogs.

6. At the end of the day, Mark Bernstein (Tinderbox!!!) said something to the effect that blogs should be changing the world. What I noticed in every conversation was that no matter what area you might start with in discussing the impact of blogging, you shortly found yourself asking fundamental questions about what we are now doing. For example, I was talking with the amazing Steve Dembo (a teacher/blogger to whom I give my greatest compliment – he made me wish that he was one of my daughter's teachers) about how blogs might be used in elementary schools. Before long we (and others) were talking about what skills should be taught, how we should them, what education means, and whether the current system works or will work for our children. I summed up my thoughts with the three questions that were running through my mind – Are blogs revolutionary? Is blogging revolutionary? Or, are blogs simply another tool? I've recast those questions as I've thought more about them. Where I'm at now is: Are bloggers revolutionary / world-changing? If so, what should we be doing together? If not, why not?

An interesting synchronicity: for me, the most important, thought-provoking post that I read at the end of 2004 – one that I knew would have a big influence on me in 2005 – was called "Giving Up Traditional Blogging?" The author was Stuart Henshall. On Saturday, I got the chance to talk at length with Stuart. What value has blogging brought to me? Amazing value, in many unexpected ways.

Read these blogs and subscribe to their feeds. Read the people they read. Think about where you want to go next and what happens as blogging becomes less of a solitary effort. May you one day be as amazed as I am, perhaps as early as LexThink! Chicago.

Posted by dmk at 12:19 PM

January 17, 2005

MLK and DMK - 2005

Martin Luther King Day is one of my favorite holidays. You will learn why in a minute.

Over the years, I've noticed that law firms and lawyers are reluctant to celebrate Martin Luther King Day as a holiday. It often seems that they grudgingly allow lawyers and staff to take the day off, if they must, but firms do not encourage anyone to do so.

You often hear that, because people have just gotten Christmas and New Year's Day off, that MLK Day makes for "too many" days off in a short time, as if three days off in a few weeks is a terrible thing. The expectation, too, is that you should work until Memorial Day without having any holidays. President's Day as well is usually treated as holiday on which you should be working.

Even though you hear talk about concerns about productivity, continuity and not falling behind in your work, it is all but inevitable that you will hear someone launch into a commentary about their opinion that there shouldn't even be a Martin Luther King Day.

That's when I love to jump in and say that it's one of my favorite holidays. In part, I do that because I enjoy rattling the cages of people who carry on about their half-baked, ill-considered opinions, which is usually the case, but I also do so to make them consider carefully what they are really saying and how others might interpret their remarks.

I also do that because I enjoy telling my own stories about Martin Luther King Day and why I like to reflect on Martin Luther King Jr. on this day.

I was in Washington DC attending law school at Georgetown from 1980 to 1983. If you recall, that was the time that the effort to make the birthday of Martin Luther King Jr. a national holiday was in full swing. I don't pretend to be anything more than an interested bystander, but I got the chance to attend two very large rallies on the Washington Mall in support of the holiday effort. Both of them made strong, positive impressions on me, but one memory always stands out.

I supported the cause, but I really wandered over the events after my law school classes in order to see what was happening and to see and hear some of our best speakers and musicians. I also wanted to be part of a large gathering of people all committed to a positive cause.

It's easy today to be jaded and cynical, to see everything in terms of politics and ideology, but, looking back, I think that everyone should experience at least once the phenomenon of being in a crowd of thousands of people holding hands and singing "We Shall Overcome." For that moment in time, at least, you really do get an overwhelming sense of what humans can do that is right and just. That feeling may not last long, but it is a cool thing.

Another thing that was fun was to be in a huge group of people chanting, "we want a holiday, we took a holiday." I like the flavor that gives to the phrase "taking a holiday."

Here's my memory that stands out. One of the years, Stevie Wonder was going to debut his Happy Birthday song (lyrics here). It was a gray, cold day. I remember snow on the ground and ice on the sides of the Washington Monument, under which we stood and watch a succession of speakers and performers appear on a stage.

When Stevie Wonder finally came out to play his song and, I swear this is true, the sun appeared and bathed the whole scene in a warm light. When I looked up at the Washington Monument, the ice and condensation shone in the light in a way that looked like a single tear on the face of the monument. It was a rare and spiritual moment that affected me profoundly – a feeling of being in a place I was meant to be, at the right place and the right time.

That's something personal to me – you can have your own reasons for what you do.

A few years ago, I decided that one of the things that I'd gradually like to accomplish over the years is to visit some of the places in the world associated with spirituality – some people refer to these as "places of power."

For example, in 2004, I was in Oklahoma City and Jim Calloway took us to the Oklahoma City bombing memorial in the late evening. I remember walking with Tom "Inter Alia" Mighell and we were chattering away until we walked up to the point where you overlook the memorial. We immediately became silent. In fact, I was so overwhelmed with emotion that I really could not have spoken. I felt the silent spirituality and power of the place. It was an amazing experience, one I recommend to everyone, and I'll always be grateful to Jim for taking us there.

The year before, I had been to a friend's wedding in Auburn, Alabama, flying into and out of Atlanta. I had always been impressed by Tom Peters' comment that whenever he was in Atlanta, he stopped by the Ebenezer Baptist Church. I had a little time, a GPS navigation system in my rental car, and decided to do the same.

I didn't realize until I got there that the Martin Luther King, Jr. National Historic Site is there, with a big visitor's center and other features. The church is quite modest, but being inside of it fills you with a sense of history, reverence, awe and connection. As I left the church and walked down the street, I realized for the first time that Martin Luther King's grave is also there. Like the Oklahoma City Bombing Memorial, it is a memorial that feels exactly right. The short time I was able to spend there was quite wonderful – in its own way, both profound and peaceful - and I highly recommend a visit. I plan to return with my family one day.

I like to take a few minutes on each Martin Luther King Day to remember my own connections to this day. I also think that it makes sense to attend some kind of event or to take the time to reread something like the Letter from Birmingham Jail or the I Have a Dream speech, or to listen to or watch that profound and magical speech. Other speeches are available here and here.

This morning, I was thinking about the "I Have a Dream" speech and what a gift it is to us. Part of its magic is how it is impossible for any politician to try to commandeer it for his or her own purposes. Although it was obviously written by a father for his children, it is always difficult to imagine any adult being able to recite the speech and to be able to do so successfully and pull an audience into its power. At best, they might be a pale imitation; at worst, ludicrous. At the same time, if a child, no matter how haltingly, recited those words, there will not be a dry eye in the house. That's magic.

Yesterday, I was listening to a bunch of music. One of the songs I listened to was Bruce Springsteen's "American Skin (41 Shots)." The song, ostensibly about the Diallo shooting incident, caused a lot of controversy when he introduced it. It's interesting to see how the song grows and changes as the event that is at the center of the song recedes into history and the song begins to stand on its own. The lyrics are here.

In the version I listened to, the song begins with each of the vocalists in the band – Bruce, Little Steven, Nils, Clarence and Patti – taking a turn singing the line "41 Shots." The song begins and Bruce, perturbed, asks the crowd for quiet. He then nails the song, capturing something essential. As the song builds, he plays a jaw-dropping guitar solo. As with many of his live performances, the song builds and builds, and could go on forever and it'd be OK with me.

It meant one thing back then – it means other things now. Today is a good day to think about what it means to live in your American skin.

Posted by dmk at 09:40 AM

January 13, 2005

Priorities: Blogging or Math Homework

I've gotten into the habit of writing blog posts in the evening. For the last few nights, my daughter has asked me for help with her math homework right about the time I planned to write for my blog.

Obviously, I've been helping with math. Decimals and fractions. I really enjoy teaching Grace about math, but the problem sets take a while to do.

For those of you who will find yourself in the same position in a few years, I have a few observations to share.

1. Dang, those arithmetic skills deteriorate over time. I'm quick to reach for a calculator.

2. It can be difficult to know what approach to take in helping out when you aren't sure what approach the teacher is taking. I'm always trying to be careful not to do something different than what they do in class.

3. I see how the need for repetition and the "everydayness" of math homework can be wearing on kids. Grace is a very good math student, but she doesn't have, at this point, the fascination and curiosity I had (and still have) with working with numbers and patterns in numbers.

4. No matter how fascinated you might be with the implications, analogies and directions the homework can take you, it's important to keep in mind that the task is really to get the 30 problems done and when you are at problem 25, your digressions will not necessarily be as interesting to your child as they are to you. Make an observation or two rather than launching into a mini-lecture.

5. Similarly, even if you are in a hurry, keep the burden on your child to take the responsibility for doing the problems. Be aware of the line between helping and doing the work for them.

6. Monitor the amount of work and the time spent carefully. If it seems like too much or the homework is too difficult, let the teacher know. Teachers want that type of feedback and they don't often get it. If you can prime your child to go in and ask the questions they have, it's even better for everyone.

7. I think it's vital to create an atmosphere of support and understanding, and adjust your approach to what works best for your child. It's nice to hear your spouse telling you and others that you are a good math teacher.

8. I'm starting to believe that there are three lessons you can really help with: (1) emphasizing and showing that doing math problems may be more about reading carefully than doing the math, (2) encouraging the notion of showing your thought process as way to help your teacher see where you might have gone wrong, and (3) constantly showing ways to check your results.

9. Be open to what this exercise teaches you about yourself and what memories it brings. Not all of them will be pleasant. These can help you make a better experience for your children.

10. Remember that, while blogging is cool, there are better things you can be doing with your time and that it never really hurts to take a few days off from blogging to prove to yourself that the world will move along just fine without you.

I've rediscovered in the last few days how much I enjoy just playing with math problems. By the way, one of the positive memories I've had recently is how thrilled I was when I got my GRE results back as a college senior and saw an 800 as my score on the math portion. Unfortunately, I hesitate to mention that because some people who have never met me or talked to me personally used the occasion of my 2004 blawg awards post to take public pot shots at my lack of sufficient humility to meet their exacting standards. I'm probably inviting further criticism on that score. They should be pleased to learn, though, that my math skills have moved steadily downhill since then, but, darn it, it was cool when I saw those results. The ironic thing is that I respect their work and their blogs, but wonder if they say the same kinds of things to people in person that they write on their blogs. I suppose it will be a little awkward when we meet in person one of thse days.

Posted by dmk at 11:21 PM

January 07, 2005

A Major Spy Thriller Weekend - Return of Both 24 and MI5

A fabulous weekend for thriller TV fans features the return of both MI5 (on A&E - watch out for major spoilers in the plot summary, almost from the first word) on Saturday night and Fox's 24 on Sunday night (and Monday night). Fasten your seat belts.

MI5 gradually pulls you into its web. 24 grabs you by the throat and yanks you in.

A favorite script excerpt from 24:

"Jack Bauer: You don't have any more information, do you, Nina?
Nina Myers: Yes I do.
Jack Bauer: No, you don't.
[shoots her]"

Need a regular feed of 24 news? Try 24weblog.com.

Posted by dmk at 04:56 PM

December 27, 2004

The South-East Asia Earthquake and Tsunami Blog and Other Resources

Via Xeni Jardin:

The South-East Asia Earthquake and Tsunami Blog is blog devoted to providing news updates and other information about the Tsunami.

December 21, 2004

My Late Night Conversation with Elvis Presley

One of our holiday traditions for the last several years has been attending a holiday party hosted by the parents of one of my daughter's classmates. They are generous and gracious hosts and I've never met anyone who enjoys entertaining others more than they do. We always have a lot of fun and it helps set the tone for the season.

At their typical party, you'll find, in addition to a large number of great people, diversions ranging from magicians and musicians to palm readers and handwriting analysts to a Marilyn Monroe and an Elvis Presley impersonator.

For several years, people have carried on about how great the Elvis impersonator was. He looked the part and he certainly can sing the part, but I'm a little reserved when it comes to talking to a guy playing Elvis. However, people told me that this guy was amazing because of how well he knew his facts and how he never ever broke character.

Last Saturday night, I was at this year's party, sitting and talking with a group of people around a table. The chair next to me was open after someone left and Elvis came and sat down in the chair. Despite what you might think later, Elvis and I were the ones at the table not drinking.

I resisted my natural "flight" impulse and decided to hang in there.

People proceeded to hit Elvis with all kinds of questions and I'll be darned if he didn't answer them all completely in character. It's an odd thing sitting with someone who is telling you a detailed, fascinating, first-person account of Elvis's meeting with Richard Nixon at the White House and finding the story absolutely compelling.

He also told a great story of the only meetings between the Beatles and Elvis. Since it was getting late, people gradually left to go home. Eventually, there were three guys at the table – Elvis, another school parent and me.

I recently finished reading a great collection of articles on Johnny Cash. To my surprise, I heard myself asking Elvis about his relationship with Johnny Cash. His answers to my questions were so compelling that I decided to move into the state Coleridge called "the willing suspension of disbelief."

I decided to ask the questions that I was most interested in about Elvis, as if I actually had the chance to talk with Elvis.

In short, I asked about the music.

So, for what was probably close to an hour, I had a wide-ranging discussion with Elvis about the music. We talked about the band members, the history of the bands he used, guitars he and Scottie Moore and James Burton used, the Southern tradition of "rendering" songs (I'm fascinated that Elvis never really wrote any of the songs he performed), the role of the Mississippi region as both the source of the delta blues and country/rock and roll, what I refer to as country acoustic gospel music, the role of the Stax sound in Elvis's music, Motown, Graham Parsons, the 1968 comeback show, the Million Dollar Quartet, Roy Orbison, the Carter family and lots of talk about Johnny Cash. The term "wide-ranging" is an appropriate descriptor.

Although I haven't done this for a few years, I used to try every year to "learn" an important musician (e.g., my Duke Ellington year) by listening to a lot of the music and doing a lot of reading. I had already decided that 2005 was going to be my Johnny Cash year, although after my conversation with Elvis, I might refer to it as my John Cash year – it seems more respectful. I admire Elvis's way of respecting people.

I must admit that when Elvis was urging me to make 2005 my John Cash year and suggesting the albums I should get, I got the feeling that, although this might seem like a bizarre event to some, it was, in its way, quite magical. It was like getting a personal version of a great documentary in the form of stories from someone who actually "saw" what happened. I've wished from time to time that I could "master" a single subject to the kind of depth this Elvis had, but people tell me that my gift is the opposite one – the ability to understand and explain many things and to see the connections between seemingly dissimilar things, but with a push and a willingness to move on and explore new things on a regular basis. How many other lawyers do you know who figured out ways to work in a discussion of Twyla Tharp into presentations on several different legal technology topics last year? That night, however, I was getting the point of view of a master of a subject.

Eventually, someone came up to ask the most commonly asked question that I heard: what does Elvis think of his daughter marrying Michael Jackson? The answer, if you care, is that Elvis realizes that you can't micromanage your children's lives.

Anyway, it came to be time to leave and Elvis thanked me for giving him to chance to have that kind of conversation. I agreed that it had been great, really great. He encouraged me to get those last John Cash albums, but to get some of the early stuff too. We shook hands and I realized that, even though Elvis never broke character during the whole time, he almost broke character at that point. I actually broke my own character of being the reserved guy who thought he was too cool to play along. There was a point where I consciously chose to stop saying "Did Elvis . . ." and instead asked, "Did you . . .," which I did out of respect for the quality of the performance and how impressed I was with the thoroughness of his knowledge and the obvious respect he has for Elvis.

I don't know that I have to make a point with this story. It makes its own points. Once again I learned to move past some of my preconceptions and be a little more open to new experiences. Perhaps more important, whether someone is impersonating Elvis or blogging or whatever, you can find true art and artists in unexpected places if you are willing to see things in new ways and respect the integrity, work and vision people put into any number of non-traditional forms. In many cases, it can be an unappreciated and lonely art – Elvis walked off into the cold night by himself – but, given a chance, it can be as vital and touching as anything you'll ever find. If you've read all the way to this point, I know that you agree. Let it rock.

Posted by dmk at 12:00 AM

December 10, 2004

Rolling Stone's Top 500 Songs List - A Quasi-scientific Study

Rolling Stone magazine set off a flurry of discussion with its recent list of the top 500 rock songs of all time, as determined by an impartial group of voters. The top two songs on the list were:

1. Like a Rolling Stone – Bob Dylan
2. Satisfaction – The Rolling Stones

Many people were surprised by the top choices and the list inspired a great number of other efforts to create versions of the same list from other points of view. For example, I was surprised that a classic song from my youth, "Cover of the Rolling Stone," by Dr. Hook and the Medicine Show, didn't rank much, much higher on Rolling Stone's list.

When I started to put together my own list, however, I quickly saw how difficult it was to reach a final ranking because there are so many great songs. In my case, the top two choices were easy, but then the job got too difficult. Here are Dennis Kennedy's top two songs for a top 500 list:

1. Denis, Denis – Blondie
2. Captain Kennedy – Neil Young

I then decided to try to find some of the other Top 500 songs lists and see if I could find any consistent winners or other patterns. Here's my decidedly unscientific list of findings of the top two songs on the lists I found:

Time Magazine

1. Time is on My Side – The Rolling Stones
2. This Time It's for Real – Southside Johnny and the Asbury Jukes

New York Times

1. Times They Are A-changin' – Bob Dylan
2. Groovy Times – The Clash

Washington Post

1. Whipping Post – Allman Brothers
2. The Poster - Monkees

Saturday Night Live

1. Saturday Night's All Right – Elton John
2. S-A-T-U-R-D-A-Y Night – Bay City Rollers

High Times

1. Eight Miles High – The Byrds
2. The Tide is High – Blondie

Life Magazine

1. It's My Life – The Animals
2. Life in the Fast Lane – Joe Walsh

Spin Magazine

1. Spin the Black Circle – Pearl Jam
2. Could it Be I'm Falling in Love - The Spinners

Money Magazine

1. Money – Pink Floyd
2. Money for Nothing – Dire Straits

Wall Street Journal

1. Another Brick in the Wall – Pink Floyd
2. Wall – Living Colour

TV Guide

1. The Sun Always Shines on TV – A-Ha
2. Tune In - Psychic TV

Popular Mechanics

1. Female Mechanic Now on Duty - Sonic Youth
2. All I Need is a Miracle - Mike & the Mechanics

Obviously, this is not a complete list and probably is not a large enough sample to see any patterns or draw any conclusions, at least not with any certainty.

For what it's worth, I consider Dave Marsh's The Heart of Rock & Soul: The 1001 Greatest Singles Ever Made the best place to begin if you want to start compiling your own top 500 list.

Posted by dmk at 09:17 AM

December 09, 2004

My New Favorite Spammer - Irradiates T. Numskull

In the relentless push to wipe out all spam emails, we sometimes forget the occasional lift that spammers bring to our day when they use clever subject lines or emails.

Share with me, if you will, the chuckle I got when I saw an email from "Irradiates T. Numskull" in my inbox this morning. Sounds like the name of a character in one of Evan Schaeffer's Advice to Law Firm Partners feature in his Notes from the (Legal) Underground blog.

A tip of the hat to chanop@zoilismgestic.com for cooking up this great email alias name. Unfortunately, I don't think I'll be clicking on the handy hyperlinks included in the email.

Posted by dmk at 09:41 AM

December 08, 2004

Guest Blogger - Chicago Trolley Ride

CHICAGO TROLLEY RIDE

(Touch) I step on cautiously. The trolley is unknown and unfamiliar. Sitting down on the seats, I have to sit up straight because of the stiff backs. It feels hard, cold, and sturdy. There is no way to relax, no cushion to sit upon, and no place to rest my head. I reach for my camera. It feels cold and flat, like a new, fresh dollar bill; all straight and smooth. I snap a picture.

(Sight) I look around inside the trolley. I see people I have never seen before, surrounding me. Some of them are silent, almost frozen, with thin smiles and serious expressions on their faces. Others are louder, shouting and pointing out things as we drive around the city. When I look out the window, I see cars racing past us, as if they want to get away from everything, or perhaps they're just late for something. Advertising signs beg me to stop for a while, to come and see them. I try to ignore them. I look at the beautiful golden-green colored trees on the sidewalk instead. They rustle and shake as the wind blows on them. I look back inside the trolley.

(Sound) I have no choice but to listen as our tour guide drones on and on. I try to pick up on what the other people are saying, things like "I've been there before" or "look how beautiful that building is.”

(Taste.) My stomach begins to growl and my mouth starts to water. I take out the small sandwich I have packed in my bag. It tastes moist and chewy, while the peanut butter sticks to the roof of my mouth. It tastes too good. I swallow the whole sandwich down. Our trolley turns to the corner where we will get off. It drives slow and steady, with a few speed bumps here and there. As the trolley halts to an end, I think about all the new and exciting experiences I've just captured in my mind. I get off the trolley, and walk on. Ready for new adventures, but the trolley ride stays stuck in mind. It always will. Forever.

- Grace Kennedy

++++

I like the essays for many reasons. They are just good and read so well. There is a strong sense of "voice." They also illustrate the wonderful way her teachers, in this case Kevin Navarro, have developed to teach writing at The College School in Webster Groves, Missouri. One of the tools they are using this year is something called the 6 + 1 Trait Writing Framework, which I want to start using for my own writing. I also think that it is great that these essays each went through at least four drafts, with distinct improvements in each draft.

We are so pleased with The College School and its unique approach to education. One example is the amazing sixth grade wilderness trip. Make a visit to the school's website and, if you are in a position to help the school out, financially, through technology donations or otherwise, please consider doing so. It's a wonderful place.

Posted by dmk at 11:47 AM

Guest Blogger - A Simple Map

A Simple Map

Orienteering is a map of your life. Sometimes, a map leads to a dead end, and you don’t know what to do. Other times, the lines on a map will be confusing and hard to understand.

When I look at my life, it’s a lot like that. But there are good parts to life too. Like your compasses.

My compasses are my parents and my friends. My parents can teach me right and wrong, and can show me where to go and who to go with. My friends can comfort me in my saddest times, and they can listen to me when I am expressing my feelings to them.

They are all there for me, both my parents and my friends when I need them. They help me understand life at my most puzzling times.

My life is a mix of good parts and bad parts, full of ups and downs, and memories to treasure forever. When you think about it, a map shows you a new way to look at life.

- Grace Kennedy

++++

I never thought I'd have a guest author on my blog. However, my daughter wrote two essays for her sixth grade language arts that I liked so much that I asked her if I could publish them on my blog. She agreed to let me do so. This one is my favorite, in part because I wish I could write an opening sentence like the one she has here. She doesn't necessarily agree with how I've divided it into paragraphs, but I like it the way I've formatted it here.

Posted by dmk at 11:43 AM

December 02, 2004

Why Do We Blog?

The blog buzz of the last few days seems to focus on the large collection of reasons bloggers collected at Sandhill Trek. It's a long, but enjoyable read. You will see a bit of that ol' blog magic in there.

My favorite reason, which I always want to claim for my own, came from Lisa Williams at the Learning the Lessons of Nixon blog:

"because I cannot play the guitar."

How can it be said any better than that?

I rediscovered today one of my favorite reasons: finding that people you have a world of respect for, like Joy London, tell you and the world that they find what you write is valuable.

As I like to say, blogspace is a generous place.

Posted by dmk at 05:48 PM

November 26, 2004

The Art of the Start

I've long been a fan of Guy Kawasaki. In fact, I have autographed copies of two of his books because I saw him speak back in the old days when I attended meetings of the St. Louis Macintosh Users Group (which, if memory serves me was known as GMUG, or the Gateway Mac User Group).

I've recently finished Guy's latest book, The Art of the Start. As the number of dog-eared pages will attest, I found it to be another great book from Guy. I've got a bunch of new ideas that I hope to implement in my own business between now and the end of the year.

Guy also has some excellent comments on lawyers and the use of lawyers by businesses that I plan to comment on in the near future. There is a strong message in Guy's discussion of lawyers that many lawyers really need to hear and there is also some wise, practical advice that businesspeople who hire lawyers really need to understand. And I'm not saying that just because I agree with Guy's comments. More about that topic later.

Now, I'm looking for another chance to see Guy speak so I can go for the trifecta on owning autographed copies of his books and, more important, get the chance to say thank you in person.

Posted by dmk at 09:11 AM

November 19, 2004

Reconsidering the Internet Bubble

Trader Mike points to a fascinating reconsideration of the famous Internet Bubble from Paul Graham called "What the Internet Bubble Got Right," which discusses ten conclusions Graham draws from those frothy years.

The money quote:

"When one looks over these trends, is there any overall theme? There does seem to be: that in the coming century, good ideas will count for more. That 26 year olds with good ideas will increasingly have an edge over 50 year olds with powerful connections. That doing good work will matter more than dressing up-- or advertising, which is the same thing for companies. That people will be rewarded a bit more in proportion to the value of what they create."

Highly recommended. Interesting juxtaposition of the timing of Graham's article and this article about cashing in Google shares.

Posted by dmk at 08:35 PM

November 17, 2004

JD Bliss Has an Article about Dennis Kennedy

JD Bliss is a blog and newsletter that covers career satisfaction issues for lawyers. I'm honored that they have published an article about me. For those of you who have wanted to know about my legal career and my story, this article probably tells as much as I have ever told in one place. For those of you who are considering making some changes in your career, I go into a fair amount of detail in describing my own approach and the recommendations I make to others.

The article is at http://www.jdbliss.com/e_article000328264.cfm.

I hope you enjoy the article and would be happy to answer questions you might have about I talk about in the article.

A special thank you to Joshua Fruchter, John Toth and everyone working on JD Bliss.

There's also my video for Intel at http://www.intel.com/business/smallbusiness/testimonials/index.htm (look under the "Law Firm" heading) for anyone interested in seeing and hearing my thoughts about how lawyers can make good use of notebook computers, WiFi and the Intel Centrino chip.

Posted by dmk at 08:43 PM

October 27, 2004

The Dennis Kennedy 500 - Blog Posts, That Is

A little milestone.

I noticed that I passed the blog post number 500 milestone. That's chump change for Howard Bashman, but it's nice for me. It reflects well on meeting my original target of 3 to 5 solid posts per week.

Speaking of 500, last summer, I got the chance to take a special tour of the Indianapolis Speedway, riding around the track and seeing places most people don't get to see. As I tell people, if you grew up in Indiana, as I did, or you are a racing fan, it doesn't matter whether you are in a little tour bus, a race car, a bike or walking, when you first round turn four and see that big straightaway open up in front of you, you will definitely get goose bumps.

We also got the chance to get out of the bus at the start/finish line and have a picture taken kissing the original bricks at the starting line. Again, an amazing thing when, like me, you grew up with the Indianapolis 500 being such a big event.

So, now I'm at another 500 milestone. It's cool, but the track tour was way cooler.

Remember, it's still DennisKennedy.Blog Reader Appreciation Week. Return the survey and win a prize.

Posted by dmk at 08:17 PM

October 22, 2004

John Kerry Narrowly Avoids Elmer Fudd Moment

When I first heard about John Kerry's goose hunting extraganzer, the two words that flashed across my brain were "Elmer Fudd."

In an era of campaigns that are so controlled, micromanaged and poll and focus group tested, it seemed impossible that any candidate would risk any event when any factor was not subject to complete control, let alone one that had so many factors out of control and all-but-invited a "Dukakis in the tank" moment or, worse, Jimmy Carter's panicked paddle slashing at the rabbit that swam out to his canoe.

Reruns of cartoons of Elmer Fudd kept running through my head. Would Kerry make the mistake of wearing the classic Elmer Fudd hunting cap, a few sizes too large or too small? Even experienced hunters like Bob Knight have had hunting accidents. There are so many things that can go wrong.

What happened to his senior campaign advisors? Are they suffering from campaign fatigue?

I nervously awaited the news footage last night. I would have recommended bringing in a tailor for a custom-fitted hat and hunting outfit. However, even though the hat didn't quite fit, he avoided the Fudd model. He hadn't fallen, shot a wascally wabbit by mistake or anything else. Presumably there is some footage documenting that he is the one who actually shot the goose.

The choice of having one of the manservants actually carry the dead goose is open to some question, as is the wisdom of following up a resounding win in the Nickolodeon kid's presidential poll with the potentially child-traumatizing scene of him shooting an innocent goose. There also was just a hint of Herman Munster on the hunt as he lumbered through the field, although that's a subtle observation that says more about my childhood TV habits than about the candidate.

So, I say bravo! Here's to taking a bit of a risk and stepping outside the totally controlled glass box of today's politics. Bravo, too, for showing that you can shockingly offend the Hollywood PETA and Vegan movement with nary a concern of risking their votes.

Bravo, too, for me in my effort to reach a number 1 ranking in Google for a search on John Kerry and Elmer Fudd.

Posted by dmk at 03:42 PM

October 19, 2004

Coach Steve Porter, RIP

My brother Steve emailed me with the news that our high school cross-country coach, Steve Porter, had died last Friday. My brother called last night to be sure I'd gotten the email. We talked for quite a while.

When anyone dies at age 53, it only makes sense to call it "unexpected," but my brother and I pooled our detective skills and limited information to try to guess what had happened. My brother, a volunteer fireman, had come to his conclusion, probably correct, based on the hospital involved and his assessment of emergency procedures, but expected to talk to others with more information later.

I've thought about Coach Porter over the years, both for the enormous impact of his coaching on me and the puzzling end of his coaching career in what can accurately be called a scandal that was both too public to deny its existence and too confusing to reconcile with the experiences we all had.

I haven't had many links to Vietnam in my life, but Coach Porter's story was one that we all felt showed some of the wounds of Vietnam. He had been a state champion track star who enlisted in the army to become a clerk typist in Indianapolis. He ended up as an MP in Saigon where both his knees were broken breaking up a bar fight. That was the story he told us, with a fair amount of bitterness.

Coach Porter didn't mention the Bronze Star the obituary covered, but neither did my great-aunt who got her star as a POW in the Philippines in World War II.

Coach Porter walked with a limp and, unlike many coaches, he never ran with us. We would joke and tease him about many things, but we left that subject alone.

My high school athletic career was modest at best, and a bit checkered. My focus was on track, primarily the hurdles and quarter-mile, if you are interested.

The unwritten rule at Garrett High School was that you needed to participate in a fall sport – football or cross-country – to run track in the spring. At the end of the summer before my junior year, I had some surgery (my memory is that Richard Nixon resigned while I was in the hospital) that kept me from participating in the fall sports. If I would have done the expected and hung with my friends, I would have securely held down the end of the bench on the football team that won the state small school football championship in Indiana in 1974. Of course, I'd now be making jokes like my friend Mike Wilcox that if they invite him to the championship team reunions, they must also be inviting the tackling dummies.

The following spring track season was a hellish experience that drained most of the enjoyment I had for running out of me. We had a coach who embodied almost every negative stereotype of coaches that you can think of. To this day, you can get my high school buddies to rant for at least 45 minutes straight just by mentioning this coach's name.

Among his other dubious practices, he had an ever-changing and incomprehensible set of zillions of rules, with fines for even the tiniest infractions, and suspensions for almost anything else. I was suspended for a week for going to a restaurant for lunch after my events were over at the day-long Goshen Relays, going the Penguin Point restaurant, which still was in business the last time I drove through Goshen, as track teams had been doing for years. He made a rule against it after the fact and suspended people for breaking it. I was suspended again for telling him that I was going to the academic honor banquet instead of a track meet that conflicted with it. That suspension was lifted as soon as parents and the administration heard about it. If you've ever heard Johnny Rotten singing "No Fun," you'll have a good idea of what I felt like.

At the last meet of the season, I ran a couple of different events and found some of the fun I had been missing. A week or so later, I ran the half-mile in an open event in the neighboring big city with some of my track pals and wondered if I had found the right race for me. My running buddies were all planning to run cross-country and, despite my reservations about running two-and-a-half mile races, I agreed to join up and spend the summer running with them. One of the selling points was that there would be a new coach coming in.

Sometime during the summer, I got into a pattern of running twice a day. In the mornings, I'd run with Neal Esselburn and one or two others. In the evenings, Dan Somers would come over to my house and we'd go for a run in the evening. I'd never trained in anything like that manner nor had more fun doing so.

As it turned out, the summer of 1975 was a magical time in the small town of Garrett, Indiana. The Garrett pool and the big parking lot and park that surrounded it became a gathering point for kids from the surrounding area. I've always wanted to write a book or make a movie about that summer and the way it became the kind of scene that small town teenagers have ever hoped for – kids sitting on cars on warm summer nights, listening to music, hanging out with friends, meeting new people. The movie "Dazed and Confused" captures the time very well, but it's not my movie.

Of course, it all got shut down by the following summer, but I'll still take a swing by there when I'm back in Garrett, just to see if anything is happening. Last time, I found it was against the law even to ride your bike into the parking lot.

Dan and I got into a routine where we'd go out for a long run that always ended up at the pool. It wasn't really a party. It was more of a comfortable gathering spot where young people could hang out with young people in a cool way that I've not often seen. My mom and dad used to comment that we had an unusual running route – we left running at 6:00 and then a carload of girls would drop us off at home around midnight. These were the days before central air conditioning and with windows open, it was hard to keep much secret. As they say, we were all just friends, living a big friendly vibe in our little space.

School eventually arrived and we'd heard rumors of the new cross-country coach, mainly about his military background and the cool car he drove. I'm sure it was Neal who talked us all into buying neon green adidas SL-76 running shoes, which probably distinguished from other small town cross-country teams even more than we expected. In a way, it was a first test for Coach Porter, in what may well have been his first coaching and teaching job. The track coach would have kicked us off the team for wearing shoes he didn't approve. There was no way, constitutionally, that he could have tolerated them. In fact, during the following winter, he made it clear that we'd all have to get different running shoes if we wanted to run track in the spring.

Looking back at the pictures, it was quite a crew that Coach Porter faced when he first met us, with Neal, who had decided to bleach his hair the blondest blonde imaginable, leading us. It was quite a collection of free spirits.

What I'll always admire about Coach Porter is that he met us from the start with an attitude of respect and trust. He expected that from us, but, more important, he gave that to us as well. One of his first announcements was to say that he was not going to have a bunch of rules, prohibitions and curfews. In fact, he didn't expect to have any. Loud applause. He believed that if we cared about the team, ourselves and what we wanted to accomplish, we would do the right things. Plus, he said with a smile, his practices would make us want to avoid the consequences of the behaviors we all knew were wrong.

He liked to schedule early Saturday morning practices, with the subtle threat of moving them to an earlier start time or even scheduling them on a Sunday if he got wind of the types of parties so aptly captured in the movie "Dazed and Confused."

In fact, probably all of us on the team would point to one early morning practice following a big Friday night party that most of the town probably attended. We ended that practice running hundred-yard sprints on the football field, one right after another, until, mutually, the target clearly became one hundred. Tired as we were, winning that hundredth sprint became a badge of honor we all wanted. I was pretty fast at that distance, but I have no doubt that everyone there remembers that he won that last sprint. And that's the way it should be remembered. We won it together.

Coach Porter had that unusual ability to get you to push yourself and get more out of yourself than you ever expected. He'd push and cajole, but mainly he put the challenge out there for you and give you his confidence that you could do it because of his confidence that you could do it. I realized over time that this type of approach and environment of respect, trust, freedom, support, challenge and genuine care about people is the place where I thrive.

Another great memory everyone has involved one of the few times that Coach Porter took on a acting persona that did not match the genuine approach we expected. We had performed well below our expectations in a race where we should have done much better and could have surprised some very good competition. We were as disappointed as he was.

At the next practice, Coach Porter had us sit on bleachers and wait for him to come out to talk to us. When he came out, he was carrying a clipboard and had on what he thought was a very angry face. We thought it was comical but kept very quiet. He launched into a well-rehearsed tirade that was completely out of character, ending when he threw down his clipboard in his "fury." When he threw the clipboard, we all burst out laughing. Seconds later, so did he.

He shared the laugh with us and then spoke simply about his disappointment and our disappointment and inspired us to work harder than any tirade ever could have. It is a rare person who can make that turn. He was also cool enough to tolerate our joking with him later by asking whether it was "time to throw the clipboard again?" I could have imagined at least one other coach who would have kicked us all off the team on the spot.

When I look back, I'm grateful to have had the opportunity and a coach who took me about as far as my athletic skills (and too-high arches) would take me. I have both a mental and a physical memory of what it is like to be in great physical condition, all of which helped me lose a significant amount of weight (and keep it off) over the past few years.

My current approach to cycling is also shaped by that cross-country season, especially the impulse to tack on another mile when I reach the point that I promised myself that I'd stop. That comes from what Coach Porter called the "dreaded fifth man" practice, which was designed to identify the person who would be expected to take up the responsibility for being the final person whose score counted for the team score.

Our running course was on a golf course. In essence, it involved a half-mile start and then two one-mile loops. The idea was that, during this practice, we would have the standard 2-1/2 mile race among ourselves. When we neared the finish line, Coach Porter yelled, "Take another lap!" We hesitated for a second, and then raced another lap. We got to the end and he yelled, "Take another lap!" Away we went. There might have been another round – maybe not. You never know what you can accomplish, and the fun you can have reaching there, until you are challenged by someone who you feel knows what you are capable of.

Unfortunately, in my case, I also learned the limits of running that much on feet that were not built to take the pounding. The "dreaded fifth man" practice probably was the pinnacle of my running career before foot problems set in. I often, however, find myself saying "take another lap!" as I approach home after a long bike ride.

Over time, I found myself adopting many elements of Coach Porter's style and approach to coaching and mentoring, especially trying to create an environment where people can excel at what they do best. If you ever work with me, you'll notice an absence of a bunch of rules, a respect for your professionalism and the assumptions that I can have confidence in you doing what you do best, that you are at heart a responsible person and that you understand and accept the consequences of your decisions and your actions. I will, however, push you to reach levels that I think you are capable of, even if you do not yet realize you can achieve them. And, I try to keep a good sense of humor about things. If I ever tried to slam down a clipboard to make a point, I know I'd fall on the floor laughing at myself.

Coach Porter and I never had a relationship that featured long, extensive conversations. It was always shorter and more to the point. I dragged out my high school yearbook tonight because I knew that Coach Porter wrote something in my senior year book. It said simply, "You're fast. Get faster." It might surprise you to hear that these few words meant a lot to me then. Still do.

I'd like to say that all this came to a happy ending. I'm not sure that it did. In protest, all or almost all of the cross-country team refused to run track the following spring. As I alluded to earlier, the ban against our SL-76 shoes even before the season started indicated what we might expect. For me, a case of mono made it all a moot point anyway.

I heard about Coach Porter over the years from my buddies who occasionally saw him, but I believe I never had the chance to speak with him again after leaving Garrett for college. My youngest brother, Steve, ran cross-country for Coach Porter for a year, maybe two, after I graduated, and was around when things fell apart. Even so, to this day, there's no one else I call "Coach."

Here's where I try to reach the happy ending. Maybe four or five years ago, I got home and played back the phone messages. To my surprise, I heard the voice of Coach Porter. He had found my website and read through it. He decided to give me a call to congratulate me on what I had accomplished, and to say he was proud of what I was doing and had done, and that he had a special place in his heart for that first season. He was pleased to see that I had realized potential that he felt that I had when he coached me back in Garrett. It was more of a statement than an invitation and, in a way, I was not surprised that he left no phone number for me to call him back.

I thought for a while about keeping a recording of that message. Time elapsed and, as these systems work, the message disappeared. If Coach Porter had sent an email, I might be quoting from it now. Instead, I have a memory of a voicemail. My memory, though, is of a message that is exactly the type of message you would hope to receive from someone highly influential in your early life when he or she looked over what you had later gone on to accomplish. In its way, that's a magical thing. It's ephemeral, however, and doesn't quite take the place of a conversation, especially one where you can say thank you.

Coach Porter, this essay is my attempt to say a belated thank you. May you rest in peace.

Posted by dmk at 11:50 PM

October 18, 2004

Barn Synchronicity?

I'm always intrigued by unexpected patterns and convergences. As the commercials say, it helps me "think different."

In Des Moines last week, I was given a gift for giving the keynote speech at the joint fall meeting of the Mid-America Association of Law Libraries and the Minnesota Association of Law Librarians, some of the nicest people you'll ever meet. My gift was a book of photographs of Iowa barns by Michael Harker.

The book was quite appropriate for me, even though they didn't know that I had spent quite a bit of time while growing up on my grandparents' farm in Indiana. My brother now lives at the farm. The barn at the farm always showed its age and wear, and a few years ago, it had to be torn down. It's still a little unsettling not to see it when we go to the farm.

I'll be darned if there isn't a picture of a barn on the cover of this book that reminds me of that old barn. The book itself documents a passing era of barns and I've enjoyed it greatly.

Here's where the synchronicity comes into the picture. In today's mail, out of the blue, I got a sample copy of Metropolis, the design magazine. The cover story on the November 2004 issue is about the way digital design is reshaping the American farmhouse. The picture of the farmhouse and barn on the cover have a Frank Gehry look and feel and reflect a reworking of the traditional farmhouse style. It's cool.

I love the convergence of these two things and am curious to see how they percolate together and what new ideas come from them.

Posted by dmk at 10:33 PM

October 06, 2004

Hey, John Kerry Called Me!

I was a little worried that my negative reviews of John Edwards' performance in last night's debate might have knocked me off the Kerry-Edwards A-List. However, John left me a voice mail message personally inviting me to the post-debate party in St. Louis on Friday night.

It's beginning - the relentless telespamming calls that make the periods before elections a living hell as the phone rings and rings. I've vowed to try to keep my cool in the next few weeks. I'm still feeling a little badly about how I snapped in the primary season and told some luckless volunteer that he had personally guaranteed by badgering me with his call that I would absolutely vote against his candidate.

On the other hand, we were all kind of impressed to hear John Kerry's voice on the message. Perhaps he might record a personal answering machine message for us. President Bush, what's the story? Don't you have time to call us? My favorite of these calls is still when Barbra Streisand called me to urge me to vote for someone. Maybe they can set up a "please have one of these celebrities call me" list so we can hear from some of our favorite celebs.

Posted by dmk at 09:00 PM

October 05, 2004

Instant Debate Analysis

I pity the transcriptionist who has to try to punctuate John Edward's stream-of-conscious statements. I was awash in a sea of buzzwords and catch-phrases as he rushed to include everything but the kitchen sink in each answer.

When I clerked for a trial court early in my career, I ran into a number of trial lawyers who gave rambling, stream-of-conscious summations as they flipped, seemingly randomly, through pages of legal pads. I remember watching in horror and wondering what they thought they were presenting to the judge and jury. I kept flashing back to those memories this evening. I see now why Edwards sticks to the same speech at every appearance.

I suspect that he probably made some good points, but I was lost in the high speed stream of conscious flow.

I also kept being reminded of the Dan Quayle debates, especially the one with Al Gore that was so surreal, but suspect that Quayle is celebrating that his performances no longer represent the nadir of these debates.

I suspect the contrast what just what the Republicans hoped for and what the Democrats feared.

Posted by dmk at 10:46 PM

October 01, 2004

My Two Cents on Last Night's Debate: Dazed and Confused

I'm really trying hard to understand this presidential election campaign, but it seems like a losing battle. I know that I'm definitely not part of the target audience of voters for this election, but, gee whiz, most of what I heard last night made no sense. Unfortunately, the post-game "analysis" only made things worse. I thought it might be therapeutic to get this stuff out of my head, so I can free up some space for other things.

So, here are my notes on last night's debate.

Biggest Revelation

Realizing that John Kerry can best be understood as an example of the "trial lawyer" category rather than the "professional politician" category, as I had initially thought. He reminds me of the lawyers who oppose every single point, large or small, regardless of whether it is in the interest of his or her client to do so.

Strongest Accomplishment

Bush - Hammering the inherent difficulty of convincing other countries to participate in the "wrong war, wrong place, wrong time" and "colossal error of judgment."

Kerry - Successfully making Bush irritated and angry and taking him off his game,

Second Strongest Accomplishment

Bush - Wrapping himself in the presidency, especially by stressing personal relationships with (in addition to knowing the names of) world leaders.

Kerry - "He speaks so well" - as strong and polished a performance as I've seen him do. The contrast between speaking styles of the two is especially striking in the audio excerpts. Bonus points: successfully getting Bush to say "nucular" on multiple occasions.

Biggest Negative

Bush - Leaving me with the nagging feeling that he is preparing to fight the prior war.

Kerry - Leaving me with the feeling that he is willing to say anything to become president.

Second Biggest Negative

Bush - Making me wonder whether he can listen to or take into account any opinion that doesn't agree with his own.

Kerry - Is there anything he isn't critical of? When you criticize everything, it's unclear which points are really important.

Strongest Moments

Bush - 1. The complimentary comments about Kerry, especially about being a good father. 2. Struggling not to say "That's crazy" after Kerry insisted on immediately opening bilateral negotiations with Kim Jong Il of North Korea.

Kerry - 1. Turning the "body armor" issue on which commercials have been hammering him into a strong criticism of Bush. 2. Finally getting the sense for good ways to use his military background to give credibility to his criticisms.

Weakest Moments

Bush - Not understanding that, even if the rules prevented reactions shots, the reaction shots would still be used.

Kerry - I initially thought Kerry had simply misspoken on his North Korea comments, but he then insisted on taking a position that undercuts the fundamental logic of his criticisms of Bush on Iraq.

Help Me Understand this Stuff

1. Which is it - global summit or unilateral approaches?

Kerry argues that his first move on Iraq would be to call a "global summit" and bring the leaders of the world together. His criticism of Bush's failure to build a large enough coalition is one of his strongest points. Why in the world would he then undercut the whole argument by advocating bilateral negotiations with North Korea, especially when China, South Korea and others are already involved??? What matters in a president is "judgment"?

2. Pluck?

Did Kerry actually use the word "pluck" in his opening? I'd burst out laughing if anyone I knew used "pluck" to describe someone. It's so . . . quaint.

3. "We've got weapons of mass destruction crossing the border every day, and they're blowing people up."

I wrote down this John Kerry quote because I had no idea what he meant. Still don't.

4. "I've worked with those leaders the president talks about, I've worked with them for 20 years, for longer than this president".

I thought Bush was especially effective at one point in detailing his personal conversations with world leaders. Kerry said that he had been working with the same leaders for 20 years. Yeah, right. It's a debating technique, but why bring your own credibility into question when your goal is to question your opponent's credibility?

5. Get Out of the 1960s!

Maybe I'm too devoted a reader of John Robb's Global Guerillas blog, but I don't get the exclusive priority on nuclear proliferation. I'd like to hear something about the priority of defending against "cascading" infrastructure attacks, multiplying small soft target attacks, "swarming," bioterror and the like. The focus on Vietnam is numbing to me - are we gearing up to fight the war that was two or three wars ago?

6." Global Test."

Don't they have focus groups to help them avoid the use of terms like "global test"?

What's My Take-away?

1. Two very flawed candidates.

2. Can either of these guys admit to making a mistake (other than a mistake in word choice)?

3. How do the "spinners" for each candidate sleep at night? Did they get a high enough price when they sold their souls?

My Advice for Debate 2

Bush

- Lose the suit, especially if the next debate involves audience participation. The whole campaign has been done in shirt sleeves and Bush looks uncomfortable in a suit.

- Ask where Kerry's legislation implementing his plan is? I would have expected that, as a matter of strategy, Kerry would have spent the last few years proposing legislation that he could criticize Bush for not signing.

- Invoke Reagan and the Reagan legacy. The Giuliani convention speech is a good model to study.

Kerry

- Make the "presumptive close." Begin to talk in terms of what you will be doing when you take office.

- Be positive about something. All I'm hearing is constant negativity and criticism of everything. The relentlessly negative attacks should come from the lieutenants, not Kerry. Again, the Giuliani convention speech is a good one to study. Look out the window - not everything in this country is terrible.

- The winning approach is to acknowledge the common goals, but to suggest better ways to get there. E.g., the common goal is justice, but there is a better way to get there than through John Ashcroft.

How to Tell If the Tide Has Really Turned for Kerry

Watch for the debut of Republican commercials using the video of Bush throwing the first pitch in the World Series and including the amazing video of Kerry bouncing the first pitch of a game from a month or so ago.

How to Help Me Out

Would someone focus on being a uniter and not a divider?

Posted by dmk at 12:27 PM

September 30, 2004

Creativity is an Act of Defiance

I have mentioned Twyla Tharp's book, The Creative Habit, on a number of occasions.

I've been thinking a lot about creativity and innovation lately. There's a passage on creativity in The Creative Habit that has had some resonance with me lately, especially as I moved from my old website to a new design and host.

Tharp writes:

Creativity is an act of defiance. You're challenging the status quo. You're questioning accepted truths and principles. You're asking three universal questions that mock conventional wisdom:

Why do I have to obey the rules?

Why can't I be different?

Why can't I do it my way?

These are the impulses that guide all creative people whether they admit it or not. Every act of creation is also an act of destruction or abandonment. Something has to be cast aside to make way for the new."

Posted by dmk at 02:48 PM

September 14, 2004

Blog Ups and Downs

I've had some outages and hosting server down-time over the past few days that coincided with my work to move my website and this blog to a new web host. I'm pretty sure that I didn't accidentally take the site down while cleaning up some directories - but maybe I was the guilty party.

In any event, although the actual hosting move should occur in the next few days and be relatively seamless, there's some possibility of some outages of my website and blog, especially while the changes propagate across the Internet. Your patience will be appreciated.

Posted by dmk at 11:13 PM

September 04, 2004

Blogging, Invention and Freedom

I saw the following quote at the Weblogs in Higher Education blog. It struck me as a profound, even inspiring, set of thoughts that deserve some of your quiet meditation time:

"So maybe here's my point: blogging is not democratic only because it gives each person a place to publish -- it is also democratic because it is a body of practices that help each person invent something worth reading. It is as if freedom of speech is not valuable only or even mainly for its freedom, but rather it is valuable for the social practices that it helps a society cultivate, for the internal and social work it helps individuals do, and for the quality of the speech that results from those things. Not to mention the quality of listening."

Ken Smith goes on the expand on these thoughts in a compelling, even poetic, way. He captures some of my "two turntables and a microphone" notion of blogging, but goes much deeper than I have been able to do. If you want to get a sense for some of the potential of blogging, Weblogs in Higher Education is required reading. Here's the feed.

Among other things, Ken recently helped 40 students sign up for blog accounts. I now know that I have some work to do. What have you done for the blogging world lately?

Posted by dmk at 08:36 PM

August 10, 2004

Greenspan Hurls "Stee-rike 2!" Against Bush Re-Election Campaign

The Fed raised interest rates again today, making the second increase during this election year. Another increase is projected for September, with more to follow.

Has anyone done the research on the odds of re-election of a sitting president when the Fed raises interest rates three or more times in an election year? I have to think that the odds would be pretty slim.

It's turning into a baseball-related campaign, at least from my point of view. I'm shocked that the Bush campaign is not running the footage of Kerry one-hopping the first pitch of that Red Sox game in every single commercial. The Dems are lucky that the Kerry in a bunny suit pictures kept that video from getting overplayed.

Ultimately, though, it looks like we have a classic "is it time to fire the coach?" decision ahead of us, especially as the "team" continues to drop balls.

With a third strike from pitching ace Greenspan, Bush may well find himself out on strikes.

Posted by dmk at 10:54 PM

August 07, 2004

Dave Pollard on Expertise Finders

From Dave Pollard's must-read and aptly-named blog, How to Save the World:

EXPERTISE FINDERS: POLLARD GOES LOOKING FOR ANSWERS

Do you see the outline of the "law firm of the future" in this post? If not, you might want to read it more closely and think about it a little longer.

Pollard's blog is a constant source of great new ideas and new ways of looking at old ideas. This post, in particular, is likely to have a lot of impact in a number of areas, KM being only the most obvious.

Posted by dmk at 08:55 AM

Bloggers Creating Businesses

From Blog Business World:

1. Creating businesses with bloggers

2. Finding Business Opportunities

The money quote (and something to meditate on every morning for a while):

"The qualties that make a great blogger are one that are required to become a successful entrepreneur. It's time to consider forming your own business, in partnership with other blog writers, and create your own company."

You know how to reach me.

Posted by dmk at 08:34 AM

August 06, 2004

Marketing Pros Say Now is the Time to Advertise on Blogs

I love it when marketing experts and professionals make the argument that I've been making for a while. It somehow seems so self-serving when I say it.

From AdRants:

Tom Hespos Says Advertise on Weblogs Now

"Underscore Marketing's Tom Hespos writes in a MediaPost article about the benefits of weblog advertising.

While blogs carve out their niche in the realm of news media, advertisers and marketers can benefit tremendously. The blogosphere, as it is called, is filled with influential opinion leaders. By adding blogs to your media campaign, you can tap into these influentials through advertising and sponsorship and see a nice return for a comparatively light spend. Enjoy it while it lasts. Blogs won't be a cheap media buy forever, especially after our society fully embraces them as a critically important part of political communication and discourse."

I prefer to use a "sponsorship" approach on my blog. Let's talk about opportunities here and at The Blawg Channel.

Posted by dmk at 12:06 AM

July 29, 2004

The Definition of a Great Blog, Example #1

I am such a fan of Jack Vinson's blog, Knowledge Jolt with Jack, which covers knowledge management and work practices.

Here's how good it is.

Jack writes a post called Annual Ammonia Symposium. Not only do I look at it, but I read it, think about how it might have application to me, and now I am blogging about it.

For me, Knowledge Jolt with Jack is a blog that matters. Jack has earned my confidence and trust with his consistently excellent posts and now I'm ready to follow his interests wherever they lead. That's a pretty damn good blog.

Today's example: The Information Snowflake and Snowballs.

Posted by dmk at 11:11 AM

July 22, 2004

35th Anniversary of the Men on the Moon

I heard a mention on the news this morning that this is the 35th anniversary of Neil Armstrong's first walk on the Moon.

I was 11, living in the small town of Garrett, Indiana. I had probably read so much about the LEM and Apollo 11 that I could have taken them apart and put them back together blindfolded. And so had my friends.

There are black-and-white memories. We watched on a small black-and-white TV because the experts said that you should use a black-and-white TV if you wanted to take Polaroid pictures when Neil Armstrong first stepped on the moon. I found a couple of those pictures a few years ago. They were blurry as hell, but I knew exactly what was happening in the picture, just like like I clearly see my daughter in the sonogram and all you see is gray shapes.

And I also, maybe more so, have the outdoor memories. Leaving the TV and walking out in the backyard and joining all the neighbors and probably everybody else who could get a view of the moon, and just looking at it, probably bugging one of my brothers to share the binoculars, hoping to catch just the chance metallic gleam off a a spacesuit or space ship.

There are probably a few of my friends who are starting to think about now, oh-oh, he's heading toward some Babylon 5 thing again.

It was a big vision that most everybody shared. I wonder how much time we all spent growing up planning to work in the space program.

It didn't turn out that way. Talking about going to Mars seems like another tawdry political trick, a trial balloon floated, and cast aside.

Yes, dammit, I'm going for the Babylon 5 thing. Here it is:

"Ask ten different scientists about the environment, population control, genetics and you'll get ten different answers, but there's one thing every scientist on the planet agrees on. Whether it happens in a hundred years or a thousand years or a million years, eventually our Sun will grow cold and go out. When that happens, it won't just take us. It'll take Marilyn Monroe and Lao-Tzu, Einstein, Morobuto, Buddy Holly, Aristophanes .. and all of this .. all of this was for nothing unless we go to the stars."

Anyway, a nice memory for the day. That, and my other Apollo 11 connection. Probably within a year or so after Apollo 11 returned, Neil Armstrong was doing a tour of th lodges of the fraternal order of the elks(?), eagles(?) - I can't remember which now. But my granddad was tending bar when he arrived. I believe that they spent the afternoon talking. Neil Armstrong gave my granddad some special swizzle sticks that his local lodge had printed up specially to commemorate the moon landing so that Granddad could give them to my brothers and me. That was cool.

Posted by dmk at 12:10 AM

July 20, 2004

Killing the Goose that Laid the Golden Egg: My New Policy on Announcing Your New Blog

I was shocked by the �perfect mini-storm� of blog posts I saw in the last few days advocating the following �search engine optimization� or �PR optimization� strategy.

In a nutshell, here's how the "strategy" is described. When launching a new blog, website, business, whatever, simply contact a group of prominent bloggers and ask them to �announce� your news on their blogs. As the argument goes, you end up with great search engine placement, �buzz,� and visibility far beyond what you can expect by any other means and, best of all, it�s all free. You can use the audience and placement of the prominent bloggers to your own advantage, all for free. This �advice,� as best as I can tell, is offered without any sense of shame or conscience.

I saw examples of people advocating this strategy here, here, here, here and here.

One irony, by the way, is that I noticed these posts because I am a fan of these bloggers and might well have mentioned any of them on the strength of their posts alone. If that weren�t the case, I wouldn�t link to the posts in question and give another potential bump in their ratings. I agree with their assessment of the results of this strategy; I disagree with their approach of not considering all of the consequences of advocating this approach.

Kevin O�Keeffe, a legal web pioneer I admire greatly, also discusses this strategy in the legal blogspace in a nuanced fashion, but the casual reader of his post might easily take away a much less subtle notion of Kevin's approach than he intends (note that Kevin's post carefully (note that Kevin begins by saying that he was �politely asking fellow law bloggers by email if they would be nice enough to link to my blog from their law blog� � that little detail makes a world of difference).

I didn�t notice much mention in any of these posts about thanking, let alone compensating, the prominent bloggers. See the quote at the bottom of this post for one comment that was made that was especially memorable.

I don�t know that I�ve ever seen a clearer example of trying to kill the goose that laid the golden egg.

This subject (seeking blog mentions and links as a calculated method of optimizing search engine results) has been a source of irritation to me for a while now. A few months ago, someone said something to me that led me to the conclusion that some search engine placement consultants might be charging their law firm clients for the advice that the law firms could enhance their Google rankings by trying to get me and other prominent legal bloggers, all of whom you would know, to post something about the a firm's website on our blogs. I�ve commiserated with a number of these bloggers in the last few months about the number of requests they get. I�ll also mention that I've seen requests that feel like orders (with an astonishing sense of entitlement), are not followed up by thank yous, do not result in my blog being listed on the blogroll of the requesting party, etc. You understand my point.

It�s clear that the promotion of this �strategy� will increase the number of requests for mentions of new blogs that I and others get. Am I right Ernie, Tom, Denise and Jerry? Of course, if you read on, you�ll see that my requests will probably decline in number, but I�ll be much more attentive to the ones I do get.

By the way, there�s no question that this �strategy� works. I�m happy to tell you that either for free or for half the amount that you are paying someone to tell you the same thing, except that I�ll tell you to ask nicely, respectfully and personally, to thank the bloggers you ask when they do mention you, and to offer something, even small, in return. The bloggers you ask would probably faint in shock.

Here�s an example of how I can illustrate the success of the strategy:

I published a post on my blog about my law firm annual meeting. Within about a week, my post was the #1 result to a Google search on �law firm retreat.� To me, that shows more about Google than about my �clout,� but that�s the world of search engines we live now live in. I also have nine years of experience getting my pages into search engines at very high rankings on the terms that I want without paying any �optimizers.� For free, here's the biggest �secret� in search engine placement � care about what you are doing on your site.

Unfortunately, we�ve now moved to a world where blog mentions and the accompanying links are treated as one-sided economic transactions � all take and no give. Read the enthusiastic comments about the results of this strategy here and come up with a number for the dollars of economic value obtained by the use of this strategy. Consider that the bloggers who �implemented� the strategy for the beneficiaries got nothing (other than, arguably, to be shown as the chumps in crowing articles about this smart strategy). While it�s true that many of the most prominent bloggers are true believers who routinely list new blogs just as part of their efforts to promote the blog world, no one likes to feel that they�ve been publicly taken advantage of.

I�ve pulled way back from simply announcing new legal blogs already. Perhaps it was one snippy request too many. Perhaps it was seeing other blogs prominently mentioned on a blog I "announced" for someone and mine not mentioned at all. Mainly, though, people who launch blogs using this strategy tend not to follow through. They don�t have the commitment and the blog fades away and I�m left with a link to a dead blog in one of my posts that talks about �the great promise� of that new blog - chumped out twice.

Here�s what I do now. For my friends and people I like and respect, I will announce their new blog. If you send me a note about your posts that I might truly find interesting and I see, over a period of time, that you post consistently good content, I probably will mention you. If you are doing cool things and have great content on your blog, I�ll probably mention you consistently, because that�s what I care about.

Now, in response to the apparent advocacy of this "take advantage of the prominent bloggers" strategy, I�m formally adopting a new policy on mentioning new blogs when people send me an unsolicited request to mention them on my blog.

In these cases, I'll announce new blogs that I find acceptable to me in exchange for one of the following:

1. You provide me with five decision-maker level personal referrals to potential clients for my services;

2. You purchase a sponsorship or advertising option on my site which will include placement in a list of �highlighted blogs� on my site for a limited amount of time, which can be extended for further payment;

3. You provide a reasonably equivalent mutual benefit to me in exchange � I�m willing to be creative and there are audiences that I currently do not reach that I would like to be in front of;

4. If we can agree, you pay me an amount that fairly reflects the economic value you believe you will obtain from the mention.

Otherwise, I�ll mention blogs because I like the people, what they are doing or the quality and usefulness of their content, which is probably how it should be anyway.

It never had to be �just business,� but now it appears that that�s where we are headed. If you want to reduce interactions with bloggers to purely economic transactions, I suggest that one think twice before taking an approach that makes them totally one-sided in your favor. As for this goose, I ain�t laying no more golden eggs for free no more.

Here�s the quote to remember: �Let me repeat - 5,000 links, lots of discussion, 130,000 downloads, and 6m links/hits all generated for $0 - yes, no money!�

It�s a powerful testament to the power of blogs and feeds, but half of the equation is missing. Is this the blog world we want to create? Do principled stands like the voluntary moratorium against placing ads in feeds still make sense when others are encouraged to take advantage of the audience prominent bloggers have worked to build over the years? I don�t know the answers, but I do know that the playing field may be rapidly changing and tilting away from the "old school" philosophies of blogging.

[Note: Links now should work - an example of the dreaded "curly quote marks" problem. Thanks for the heads-up from the TechLawAdvisor.]

Posted by dmk at 12:00 AM

July 19, 2004

New Study Gives Procrastinators a Great New Ethical Argument

Note: This is a reconstruction of the post I lost the other day when I lost my mind about Windows Updates.

Do the procrastinators in the world need any more justifications for their inactions? A new study from professors at Wharton will give procrastinators a way to take the moral high-ground when questioned about why they are lying on the couch all day watching television instead of doing something �productive.�

From the excellent Knowledge@Wharton email newsletter (now with a feed):

Goal-setting and Cheating: Why They Often Go Together in the Work Place

�From childhood on, individuals are told that setting goals for themselves will make them more successful in whatever they set out to do -- whether it's win tennis games, ace their exams or become CEO of their company. But goal-setting also has a dark side to it, according to a recent research paper by a Wharton faculty member and two colleagues. In addition to motivating constructive behavior, goal setting -- especially if it involves rewards such as bonuses or perks -- can also motivate unethical behavior when people fall short of the goals they set or that are set for them.�

I�ve often found �getting around to goal-setting� to be at least as problematic. The breakthrough I had on that subject, however, came from some comments from goals guru Brian Tracy. Tracy says that if at the beginning of each year, you take the time to formulate ten legitimate goals (specific, measurable, attainable, etc.), write them down on a piece of paper, and then fold up the piece of paper, put it away and never look at it again for the whole year, you will still find that in the average year you will achieve at least six or seven of your written goals. How liberating is that?

Don�t even get me started on the �working toward the goal� piece of the puzzle. Here, fortunately, David Allen�s �Getting Things Done� approach of identifying the �next physical action� is a huge help.

The aspect of goal-setting that gets too little attention and causes the greatest problem for many people I know is what happens when you attain a major goal, especially if you do so much more quickly than you ever imagined. I�ve seen this throw people way out of equilibrium. I have some examples, but my friends might not appreciate their stories being used to illustrate this point.

So, I look to myself as an example. For many years, I never got the hang of �goals.� I just did not compute. I blame that on the Cold War and the nuclear war drills we had in elementary school.

Finally, as my writing career started to unfold, I read an article by a famous expert I really admired that mentioned that he had published over 150 articles in his long career. I told my wife that I had found a real �goal� that I wanted to try. My goal would be to try to publish 100 articles in my career. Since I had gotten off to a late start in writing, I didn�t expect to reach the goal, but I thought that it was a good one to try for. Not quite two years later, I had blown past the 100 article goal. I soon left 150 behind and, when I last counted, I had gone by 300.

The point is not to say, look at me, look how I made my goal, but instead to focus on what happens when you achieve what feels like a very significant goal in a ridiculously short time. I really didn�t know what to think. I didn�t think that it meant that I should stop, but I didn�t know what it meant.

I felt like I stumbled around for a while trying to figure out what would come next. Blogs provided the answer. Think of Lou Reed�s song, �Rock and Roll,� and substitute �blog� and �blogging� where appropriate.

I decided that I had found a comfortable niche that I both enjoyed and in which I excelled � writing about technology in ways that lawyers especially found helpful and understandable. I knew from the way my friends ribbed me that I had mastered the �Ten Tips,� Six Steps,� style of articles. (But, it wasn�t as easy as you thought when you tried it, was it?) I wanted to keep doing that, but I wanted to do some other things with my writing, too.

My idea was to use this blog as a way to write in new ways, on new topics, and let my writing find a new audience. It�s a continuing experiment, a rewarding experiment and a great new goal for me � one that�s hard for me to cheat on. I�ve used a portion of the summer to push a little harder on that aspect of this blog, but will soon return to an approach that will either bring my posts on legal technology and technology law back to the forefront or put them into separate feeds or separate blogs.

Or, I might have another surprise in store, because now I have a new goal in mind.

Here are a few great books I�ve found to be quite helpful on goals over the last few years:

Brian Tracy�s Goals: How to Get Everything You Want-Faster Than You Ever Thought Possible - a classic work form one of the gurus.

Wade Cook's Don't Set Goals (the Old Way) - the �contrarian� approach really works for me.

David Allen�s Getting Things Done � the new classic that helps you accomplish exactly what the title says.

Posted by dmk at 11:27 PM

July 15, 2004

Paczkowski Solidifies Hold on King of Headlines Title

There's no one who consistently brings a new perspective on tech news and writes better headlines that John Paczkowski on Good Morning Silicon Valley.

Today, he unleashed another gem:

Maybe you should rename it AIEEEEEEE!!!!!!

Not content to rest on his laurels, Paczkowski, on the same day, follows up with:

Jackhammer noise of IE repairs finally getting through to browser users

Industry giants form "Coalition of the Willing to Hobble Your Gadgets"

and

Ellison takes top honors in Peoplesoft-baiting contest

Just another day in the office for John. How were your headlines today?

More headline highlights can be found here, including recent classics like:

Seagate defrags workforce

Microsoft to ask court for more time to kill off competitors

Feds supersize Ebbers' indictment

He's not just a headliner either - he gets off great lines in his news summaries with a seemingly effortless regularity.

Here's the feed.

Posted by dmk at 10:31 PM

July 12, 2004

Dave Winer and the Best Political Analysis You Are Likely to See in this Campaign Season

While I admire Dave Winer's role in blogging, RSS and all that is happening now, I have to say that I truly admire his courage in continuing to sing his song when so often he is the target of slings and arrows.

I don't always agree with Dave, but he's long been a daily read of mine. A few days ago, he posted a gem of a comment on Joe Trippi and the Democrats' "adoption" of blogging that struck me as being exactly on target.

Consider this. Dave says:

"Joe Trippi, get a clue. Geez Louise. He thinks the role of the Internet in politics is to raise money so they can run ads on TV. Look at how much good all those TV ads did for Howard Dean. You think he would have figured it out by now. The election will happen here, not there. Probably not the Presidential election of 2004. Perhaps one of our goals for the DNC is to smoke out innovative uses of the Internet by Democrats, where they're doing more than raise money for TV ads. Put that one on the list for sure."

I shake my head when I see John Kerry using the Internet only to raise money for more and more TV ads. I don't get the reason this is someohow considered new politics.

If Kerry instead were focusing less on his ads and his good hair and more on the truly cool Internet technology that his campaign already has (maybe he knows about it(?)), I might be able to understand how he is able to claim his Internet savvy.

I'd like you to take a look at what Kerry's campaign has at its disposal as a dedicated feed reader at http://www.download.com/3000-2164-10297071.html and tell me whether you find that a little more exciting and a little more "new politics" than millions of more dollars of superficial TV ads. It's an innovative approach that intrigues me greatly with its potential and has me discussing other uses of this technology, in law and elsewhere, with the people at MyST Technology Partners, who were heavily involved in the development of the Kerry Reader. Put that innovation as one on your list, Dave.

Of course, there is an ironic analogy with the heady days of the dot-com era where companies convinced investors that the Internet was the future and then used most of their capital to buy expensive TV ads. All that money spent on ads didn't buy too many people's loyalty either.

Posted by dmk at 01:28 AM

July 08, 2004

Kill Your Idols

My longtime friend and personal music attorney, Emmett McAuliffe, is someone who I'm hounding to start a blog on music law.

Emmett just sent me a link to a great article called Idle Worship, or Revisiting the Classics, by Jim DeRogatis.

DeRogatis ostensibly reviews a new book called Kill Your Idols: A New Generation of Rock Writers Reconsiders the Classics. The book has the great premise of having a new generation of music critics look back at some of the "classic" albums of the 60s and 70s and write about why they despise those albums.

From the article:

"If we want to be high-minded about it, we can call it a spirited assault on a pantheon that has been foisted upon us, or a defiant rejection of the hegemonic view of rock history espoused by the critics who preceded us. If we want to use the vernacular, we can say it's a loud, angry but hopefully amusing "f--- you" to the ubiquitous forces of nostalgia: the schmaltzy Rock and Roll Hall of Fame, the tawdry VH1 "Behind the Music Specials" and the endless Rolling Stone magazine lists of the 500 Greatest Albums in Rock History (which never, ever seem to get it right).

The point of the book isn't to make readers change their minds about works they hold near and dear; I agree with only about a third of the essays myself. It's to make them think about what they value in these allegedly great albums; about why, exactly, these works have been included in the canon, and about whether an art form as loud, rude and unruly as rock 'n' roll should even have a canon in the first place."

That second paragraph of the quote is worth reading again.

DeRogatis goes on to reprint his critique of the "Sergeant Pepper's" album. There's some great stuff there, although there's nothing more fun than hitting a Beatle's fan with a dead-pan look and a "The Beatles were before my time" comment.

It's an enjoyable article to read, it makes me want to read the book and it's a great "find" by Emmett.

Emmett is the author of a now out-of-print niche classic on power pop music called "Pop Power!" Emmett's blog would be a great place for him to revive and refresh that classic work in addition to providing a great resource on music law for bands and artists - but, hey, that's just my opinion - no pressure, Emmett.

Posted by dmk at 10:41 AM

July 07, 2004

Well, At Least St. Louis Still Has That Blawg City, USA Thing Going For It

St. Louis has a very good local news blog called Blog St. Louis, even though it took an unfortunate hit recently by all-but-guaranteeing the Gephardt as VP pick. Hey, as rumors go, the evidence looked pretty good.

However, Houston has an awesome local stories blog in Houston's Clear Thinkers. It's a must-read for me just for its overall quality. With Houston's news well in hand, they had the chance recently to skewer St. Louis's light rail system in their post, "The Economic Absurdity of a Light Rail System," which highlighted an article written by people in the St. Louis Office of the Federal Reserve.

A quick check of the St. Louis Post-Dispatch website shows no mention of this article, indicating what we think of the "newsworthiness" of this item (or the possible consequences of living in a one newspaper town).

But, watch it Houston. St. Louis may still have thousands of homes without electricity or cable TV as we reach day 3 after a thunderstorm, and there may be questions about our light rail system, but we are still Blawg City, USA.

Posted by dmk at 09:55 PM

July 04, 2004

Celebrate the July 4th Holiday with a Free Pepsi Edge from Jeff Gordon and Me

Man! Despite the long rain delay, the edge-of-your-seat last laps of last night's Pepsi 400 more than lived up to the historical name of the race - The Firecracker 400.

In a "we could not have planned this any better" marketing moment, Jeff Gordon's win triggered a Pepsi promotion that allows everyone to get a free 2-liter bottle of the new Pepi Edge.

Simply go to http://www.pepsiedge.com and register today before 9:00 EST and you'll receive a coupon for a free bottle. If you are reading my blog today, have a free Pepsi Edge, courtesy of Pepsi, Jeff Gordon and me, as a way of celebrating the 4th of July, the Pepsi 400 and my upcoming 400th post to this blog.

[IMPORTANT DISCLAIMER: More than a few "legal marketing experts" have opined that lawyers should NEVER make references to personal interests on their blogs, especially interests that, in the opinion of these experts, might show that the lawyer is a human being or has interests in anything other than snobbish, high-falootin' cultured and "professionally correct" things. Mentioning NASCAR is an example that has been commonly used as a "no-no" to avoid. My continuing response to these "experts" is and has long been: GET A LIFE! Any web marketing "expert" who gives you advice that suggests that you can be more successful by reducing the personality and individuality of your web presence betrays an utter lack of understanding of the history of the Internet, the reasons for site success (especially in the blog world) and how clients ultimately choose lawyers. I've given you more valuable information for free in this tongue-in-cheek disclaimer than you'll ever get for the thousands of dollars you may pay to "experts" who encourage an impersonal approach. I now get over a million hits a year on a legal website that dares to be personal, human and individual, including specifically mentioning NASCAR if I feel like it, or anything else for that matter. Check out the web sites of the button-upped experts as a comparison and do the math. As is the case with all of the best and most popular legal bloggers, I'm a blogger who happens to be a lawyer rather than a lawyer who created a blog as part of a paint-by-the numbers marketing plan. Vive la difference!! Please feel free to use the language of this disclaimer when posting on a subject that the "experts" might not consider high-falootin' and cultured enough. Declare your independence today from the "cult of hyper-professionalism" that wants to crush every element of individuality out of the practice of law and make lawyers conform to their dry and lifeless standards. And have a Pepsi Edge on me. It's Independence Day.]

Posted by dmk at 12:00 PM

June 30, 2004

For the Next Few Days - "Scraps and Workshop"

As my previous post indicated, the Dennis Kennedy Law Firm Annual Retreat has begun.

I?m not planning to post anything new in the sense of topical until next week, but I came up with an idea to maintain a blog presence.

One of the most fun albums of the 1970s was a double album from NRBQ called "Scraps / Workshop," which was technically a reissue of two separate albums. I wanted to borrow the "scraps and workshop" concept and the NRBQ approach to "let's have fun and put it out there."

I noticed that I have a bunch of lists, starts on articles, unused blog post ideas, notes and the like that are just sitting around. Some are quite interesting and extensive, in my humble opinion, but are unfinished or unpolished.

I thought it might be fun to take the NRBQ spirit and post a few of them from time to time over the next few days to let them see the light of air and maybe generate a few ideas for you. Pull up an RC Cola and a Moon Pie and let's have some fun.

Posted by dmk at 12:58 PM

June 29, 2004

Do You Feel Safer Now? FBI Computer Network Delays

Have you ever read Barbara Tuchman's March of Folly? It's a book that I want to put on my re-reading list as appropriate for this time, but the idea of revisiting those themes in the environment of today's news is a little scary.

Did you see this one?

Report: FBI antiterror computer system delayed - Virtual Case File won't be ready this year, article says

I have to admit that my mind drifted off to the Tuchman book after reading these two paragraphs:

"The newspaper quoted one FBI official who suggested the Virtual Case File program, designed to allow agents to share information easily, "might ultimately have to be abandoned."

FBI Director Robert Mueller had lauded the system as one that would help agents make the types of connections that were missed before the attacks of September 11, 2001."

Are you feeling safer now? Anyone? Anyone?

Maybe I'm an alarmist, but this story strikes me as being cause for major concern.

In this context, think about this story: "Someone's Listening In - FBI pushes for 'rewiring' of broadband networks. And, if you have the stomach for further inquiry, consider the impact of the lack of adequate computer tools in the scenarios raised in "Intelligence is not static."

I have the highest respect for the FBI agents I have met over the years, but how can they do the work without the adequate tools?

I'll leave you with these sobering thoughts from the CNN article:

"A staff statement recently issued by the commission investigating the attacks of September 11 highlighted how antiquated technology had hampered the bureau's ability to detect terrorist activity.

"The FBI's primary information management system, designed using the 1980s technology already obsolete when installed in 1995, limited the bureau's ability to share its information internally and externally," the statement said in part. "The FBI did not have an effective system for storing, searching, or retrieving information of intelligence value contained in its investigative files."

My question: as we march forward in the Global War on Terrorism, do we really think that the odds favor the slow of foot, or those marching down the paths Tuchman describes?

Anyone feel safer out there now?

Posted by dmk at 02:53 PM

June 16, 2004

Dennis's Summer Reading: Thunder Run - An Amazing Story

I was checking out the "new books" section at the library a few days ago and noticed a book called Thunder Run, by David Zucchino. I'll admit that the linguistic similarity to "Thunder Road" brought out my Springsteen antennae.

One of the blurbs described the book as the story of the tank battles fought by American soldiers as they took Baghdad. Having seen the Patton movie a month or so ago, I'm now into the tank aspects of military strategy. So, the book went into my take home stack.

Now, I thought that the book was about the drive from Kuwait to Baghdad. I have assumed from the beginning that the strategy and tactics of that campaign would be studied in depth for years and I wanted to get a better understanding of it.

However, that's not what the book was about! In fact, it was about something far more limited and, ultimately far more interesting than the big campaign. In fact, it opens a window on the future that we all would be well-advised to consider and, in many ways, illustrates some of the ideas you will find on the thought-provoking and essential Global Guerillas blog of John Robb, especially the notion of "swarming."

Here's what troubles me. I probably followed the news from the Iraq war to a greater extent than the average person and I've read a good number of books and articles on the subject. It befuddles me that I had no idea of how the city of Baghdad was taken until I read this book.

"Thunder run" refers to fast armored strikes conceived of and run during the Vietnam war. In a way, they are like the boat runs a young John Kerry made during his service. You can look at them in a number of ways, but they sure seem like an operation designed to draw unfriendly fire.

If you don't know the story of the "thunder runs" into Baghdad, you have to read this book. It's an amazing story that we all should know, in which an insanely small number of US soldiers with a few tanks, Bradleys and Humvees essentially ran a gauntlet into the center of Baghdad and essentially "ended" the early part of the war in a few days.

If you think that they don't make soldiers like the ones who fought on D-Day, you might change your mind after you read this book. What these soldiers accomplished almost defies description and they turned what could have been a catastropic loss into what appeared, at least according to the news reports I remember and the analysis of the pundits, to be an easy victory. Let me just say that after I read this book, I felt that the level of medals handed out should be upped a notch or two and I wanted to shake the hands and thank each of these soldiers.

If you like reading thrillers, as I do, this book had me reading it from cover to cover in one session, never sure what would happen next, just like a good Robert Ludlum novel. I found Zucchino to be a compelling writer in every sense.

What you see is a combination of strategic brilliance and folly, firepower and restraint, preparation and invention, the real dangers of the siloed branches of our military, and a memorable illustration that the plan is the first casualty of contact with the enemy. What you also see is a good glimpse of the war of the future.

The book raises a lot of questions, to no surprise. The big one for me is: have we geared up to fight the preceding war? Maybe bigger is: what are we doing to show that we've learned anything from what has happened so far?

The "insurgents" are exploiting military weaknesses and gaps that you will see in this book and probably will get even better at it. You'll have a few more of your own (maybe, what do we use helicopters for? or what does it mean to say that "we need more boots on the ground"? or at what point does "swarming" make it possible to overcome superior firepower?).

However, you'll be struck by the story of this battle and the soldiers who fought it, the clash of two different worlds shown by the defense of Baghdad, the thin and moving line between victory and defeat, and the human stories that deserve a much wider audience.

Trust me, Thunder Run is a book that you want to make room for on your summer reading list.

Posted by dmk at 10:39 PM

June 07, 2004

Ronald Reagan, Rest in Peace

I went to law school at Georgetown from 1980 - 1983. I don't think that it is possible for any president to make a greater impression on you than the one in office while you live in DC, and I've never found anyone who didn't live in the DC area the day Reagan was shot who has the kind of feelings that those of us there did and still do. I haven't been back to DC in 21 years, but I have to admit that there's a big part of me that feels like the right thing to done is to make it to the Capitol rotunda in the the next few days.

I've known for a while that the inevitable announcement of his death would sadden me greatly, in part because of the dignity and eloquence of his last note and the way his family handled the decline and deterioration of his Alzheimer's disease and in part because of knowing what the disease takes away. It surprises many of my friends that I'm a Reagan fan, but I came to that later in life (after I learned that you could like people and not have to agree with their politics). There was something about that "Mr.. Gorbachev, tear down this wall!" that turned my opinion. I wrote a little bit about some of this a while backfor those who might be interested.

In contrast to the noise, yelling, pessimism vitriol, unwillingness to admit mistakes and lack of humor that characterizes today's political debate, it's good to see that the Reagan memories bring us back to notions of civility, avoidance of personal attacks, decency, optimism and humor, especially the ability to make a joke at your own expense) that are so characteristic of the Reagan approach. When I saw Walter Mondale Saturday night telling warm stories and laughing while describing his 1984 campaign against Reagan (and compared it to the recent ranting, screaming performances of Al Gore). it made me a little sad about what has changed over the years.

In fact, as I spent most of Saturday evening watching the Reagan coverage, I was struck by how the idea of story-telling is so closely tied to my memories of Reagan. And, such great stories. With endings like, "and then the Cold War was over."

When I grew up in the 1960s and 1970s, there was a constant, nagging fear of nuclear war. I remember walking across the campus shortly after I turned 21 and thinking, "I guess I'm going to have to decide what to do after I graduate - I really thought they would have blown everything up by now." I think surveys from that time show that my view was not uncommon.

It's hard to underestimate the relief that came as we gradually realized that the Cold War was indeed over and the threat of nuclear annihilation had left us as a daily concern. Part of the funk and depression I'll always associate with 9/11 was that an equally great, but more random and unpredictable, danger had returned and would stay for a long time and could appear, unlike the nuclear annihilation we imagined in elementary school, without a build-up or warning.

Most of the time, you'll never find a bigger technology optimist than I am. For me, it's the communication, creation of communities, connections to others and the ability to share than means the most to me. Frankly, I lost a lot of that optimism after 9/11, when I felt that the trend and momentum of the early wave of the Internet was lost and that we could well slip backward to a different, isolated world with inflexible and intolerant visions.

Lately, my optimism has returned, due to blogs and RSS and the community they've created. It's amazing to me.

But, I have two stories to add about Ronald Reagan.

The first reflects a much different time. In the fall of 1980, I walked over to see a rally for candidate Reagan at the Capitol. One of the benefits of being in DC was that you could see these kinds of things in person and I believe that I'd seen President Carter live earlier that fall (interesting that my Reagan memory is so vivid and I'm not even sure if I saw Carter). I was able to walk up to maybe 20 feet away from the side of the podium (as I said, these were different times, especially in security practices). In fact, Jack Kemp stood beside me and introduced himself to me and shook my hand (a thrill since I was a fan of the AFL Buffalo Bills - not surprisingly, he was shorter than I expected from my childhood memories). When I first saw Reagan, I was surprised that he seemed to be about my height, since he always gave the impression of being a much taller man. That said, I noticed that he had that aura of a larger presence that I've later come to know as the "star" factor. Unfortunately, I didn't meet Reagan and this story has no great punchline. It's just a nice memory.

The other story is my favorite to tell when people ask why I loved being in Washington while Reagan was President. DC in those days was a land of giants when you think about it: Reagan and Tip O'Neil, Joe Gibbs and John Riggins, Patrick Ewing and John Thompson, the original pairing of Howard Stern and Robin Quivers. Reagan always gave you the feeling that we was a regular citizen in the White House. He always called World Series and Super Bowl champs after the games and you knew that he watched them. In fact, you often knew that your president was doing the same thing that you were. The press was always after him on this. Once they got the story that Reagan watched reruns of Charlie's Angels in the afternoon. Well, most of us would have just denied it. Not, President Reagan. He said something like, "they are just good detective stories." As so many people have pointed out in other examples - the perfect, self-deprecating and humorous answer. We all wish we could be so comfortable in our skin to be able to do the same. It strikes me as a good thing to have a president who seems to be one of us.

However, the legacy of Reagan became clear to me in his valedictory speech at the 1992 Republican Convention, a speech crowded out of the limelight by some earlier controversial speeches. I've quoted from it at length below, from the point where I realized that I was seeing and hearing something magical and, in its own way, as clear, eloquent and powerful expression of that optimistic and proud strand of Americanism that so many of us, although a little embarrassed to admit, really feel at heart.

Hey, we never get it all the way right, but if we didn't have this outlook, we'd never keep trying.

Here's the quote and I recommend that you take the time to give it a read in the next few days:

"Some might believe that the things we have talked about tonight are irrelevant to the choice. These new isolationists claim that the American people don't care about how or why we prevailed in the great defining struggle of our age -- the victory of liberty over our adversaries. They insist that our triumph is yesterday's news, part of a past that holds no lessons for the future.

Well nothing could be more tragic, after having come all this way on the journey of renewal we began 12 years ago, than if America herself forgot the lessons of individual liberty that she has taught to a grateful world.

Emerson was right. We are the country of tomorrow. Our revolution did not end at Yorktown. More than two centuries later, America remains on a voyage of discovery, a land that has never become, but is always in the act of becoming.

But just as we have led the crusade for democracy beyond our shores, we have a great task to do together in our own home. Now, I would appeal to you to invigorate democracy in your own neighborhoods.

Whether we come from poverty or wealth; whether we are Afro-American or Irish-American; Christian or Jewish, from big cities or small towns, we are all equal in the eyes of God. But as Americans that is not enough we must be equal in the eyes of each other. We can no longer judge each other on the basis of what we are, but must, instead, start finding out who we are. In America, our origins matter less than our destinations and that is what democracy is all about.

A decade after we summoned America to a new beginning, we are beginning still. Every day brings fresh challenges and opportunities to match. With each sunrise we are reminded that millions of our citizens have yet to share in the abundance of American prosperity. Many languish in neighborhoods riddled with drugs and bereft of hope. Still others hesitate to venture out on the streets for fear of criminal violence. Let us pledge ourselves to a new beginning for them.

Let us apply our ingenuity and remarkable spirit to revolutionize education in America so that everyone among us will have the mental tools to build a better life. And while we do so, let's remember that the most profound education begins in the home.

And let us harness the competitive energy that built America, into rebuilding our inner cities so that real jobs can be created for those who live there and real hope can rise out of despair.

Let us strengthen our health care system so that Americans of all ages can be secure in their futures without the fear of financial ruin.

And my friends, once and for all, let us get control of the federal deficit through a Balanced Budget Amendment and line item veto.

And let us all renew our commitment. Renew our pledge to day by day, person by person, make our country and the world a better place to live. Then when the nations of the world turn to us and say, "America, you are the model of freedom and prosperity." We can turn to them and say, "you ain't seen nothing, yet!"

For me, tonight is the latest chapter in a story that began a quarter of a century ago, when the people of California entrusted me with the stewardship of their dreams.

My fellow citizens -- those of you here in this hall and those of you at home -- I want you to know that I have always had the highest respect for you, for your common sense and intelligence and for your decency. I have always believed in you and in what you could accomplish for yourselves and for others.

And whatever else history may say about me when I'm gone, I hope it will record that I appealed to your best hopes, not your worst fears, to your confidence rather than your doubts. My dream is that you will travel the road ahead with liberty's lamp guiding your steps and opportunity's arm steadying your way.

My fondest hope for each one of you -- and especially for the young people here -- is that you will love your country, not for her power or wealth, but for her selflessness and her idealism. May each of you have the heart to conceive, the understanding to direct, and the hand to execute works that will make the world a little better for your having been here.

May all of you as Americans never forget your heroic origins, never fail to seek divine guidance, and never lose your natural, God-given optimism.

And finally, my fellow Americans, may every dawn be a great new beginning for America and every evening bring us closer to that shining city upon a hill.

Before I go, I would like to ask the person who has made my life's journey so meaningful, someone I have been so proud of through the years, to join me. Nancy ...

My fellow Americans, on behalf of both of us, goodbye, and God bless each and every one of you, and God bless this country we love. "

It strikes me that there are probably not many better legacies to be known for than to be the one who always said: "Our best days are yet to come."

Posted by dmk at 01:32 PM

June 03, 2004

Tenet and Untenability

I've been thinking how smart I would have seemed if I had posted on this topic last night as I had planned.

George "It will take us another five years to have the kind of clandestine service our country needs" Tenet must have just read the two books I just finished.

The first, Al Qaeda's Great Escape, by Philip Smucker, tells a reporter's view of the Afghan war and the Tora Bora debacle. It's worth a read just to get the colleague's view of Geraldo Rivera's personal campaign to get Bin Laden - hilarious. The story of Tora Bora and, especially, Operation Anaconda stunned this amateur student of military strategy. T

he second, Blood from Stones, by Douglas Farah, tries to unravel the threads of terrorist financing, with chilling impact. There is much to be learned by following the money. Unfortunately, bureacratic turf wars seem to be harming the effort.

Both books paint very troubling pictures and the CIA comes out the worst. It's also becoming clearer that the FBI and CIA are back to their turf wars and that Homeland Security is not calling the shots on homeland security. I suspect that intelligence info is still in too many separate silos. The vulnerabilities we continue to have and tolerate are disturbing, especially when no one is willing to admit that they ever made a mistake.

The most troubling question: is there greater danger in continuing the current course with the same people or opening up a huge window of vulnerability during the natural confusion of a change in administration? That's a tough one. If Kerry can get people to the threshold that he can do a decent job on security, he's probably got the election. I don't think he's done that and I'm someone who actually read the book about his life and war experiences and was impressed. Unfortunately, I was left wondering if the current Kerry is still like the young Kerry. If Kerry asked my opinion, and God knows he does not, floating the names of the people he'd appoint to key positions probably would do the trick for most people.

In any event, there are many reasons for heads to be rolling in Washington. In my mind, it makes sense for Tenet to be the first. Since it's easier to fire the coach than the whole team, the current war between top military officials and Rumsfeld make him very likely to be next. Then the Ridge/Ashcroft battle will probably resolve in favor of Ridge. My wildcard guess, by the way, is that Cheney will step down and move to Secretary of Defense or Homeland Security, leaving Bush to pick a new VP (Rudy G?). In any event, the Tenet resignation will not be a solitary event - there's a lot going on in Washington under the surface. I only hope that people remember to mind the shop while they jockey for position.

In the meantime, follow John Robb's fantastic Global Guerillas blog and try to convince yourself that we are not preparing to fight the previous war.

Reminder: These predictions are for entertainment purposes only, unless I happen to be right. In that case, I reserve the right to claim that I am prescient.

Posted by dmk at 07:51 PM

May 12, 2004

Bill Clinton in Vanity Fair

When Bill Clinton was leaving office, I argued to forget about the rumors of a Bill Clinton talk show because the most compelling reality show ever would be one in which we followed Clinton around 24 hours a day. After reading the new article on Clinton's current life in Vanity Fair (the one that says "Brad Pitt Naked" on the front), I'm even more convinced that such a show would be a huge hit.

I'm no Clinton fan (don't get me started on where his "health care reform" has left us), but it's impossible not to be fascinated by the actions of this larger-than-life character as he struggles with his various demons and keeps up his frenetic pace. There is the ever-present sense with Clinton of wasted or squandered opportunities. We see it and so does he.

The article, which I guarantee you will read from beginning to end in one sitting, shows his titanic struggle to write his book (in the TV show, we'd follow Clinton going to a dozen events, hanging out with tons of people and telling everyone how hard he is working on the book, with a cut back to a legal pad on his desk filled with doodles) while working on his legacy (AIDS, for which he's done some real good, but battles with his inability to keep his focus on it) and trying to engineer the Democratic nomination process (littered with the failed candidacies of the people he "helped," yet clearly Kerry would be halped by Clinton's political insights).

Through all of this, however, the article shows Clinton's aura and star power, his impact on people and his ability, when focused, to get things done, and the fascination we have and will continue to have with him and his "legacy."

One question: Clinton or Bremer in charge of Iraq? Clinton is looking for a legacy and bringing in Iraq for a safe landing would give that to him. Just a thought.

By the end of the article, however, you are left with a sense of sadness - that sense of wasted opportunity that always follows Clinton around. And, there's a strong sense of the Ancient Mariner in some of the stories, the guest who overstays his welcome, talking endlessly about himself, while people try to ease him toward the door. Read the article and see if you pick up that same feeling.

Posted by dmk at 02:10 PM

May 06, 2004

Rumsfeld Resignation Ruckus

Since I've confessed to liking Clippy, I might as well admit that Donald Rumsfeld is my favorite political television character. Unfortunately, I keep finding that my favorite TV shows get shifted to all kinds of odd times or get cancelled.

As many bloggers know, Rumsfeld is responsible for the legendary Rumsfeld Rules, the nearest equivalent we'll see to a modern day Sun Tzu's Art of War. You can dive in at any point and find a gem, For example, "Reduce the number of lawyers. They are like beavers -- they get in the middle of the stream and dam it up." There's great stuff in there.

As we gird for the coming political battle and learn whether it will be Rumsfeld who become the sacrifice to Washington politics (rather than, say, George "It will take at least 5 more years to get our intelligence to the level it needs to be" Tenet?), I highly recommend reading James Mann's Rise of the Vulcans: The History of Bush's War Cabinet to get some sense of the history and background of the players and the underlying issues.

Posted by dmk at 10:07 PM

April 29, 2004

Mix it Up - Two Turntables and a Microphone

Denise Howell points to Apple letting people place their iMix creations on the iTunes Music Service. David Bowie is offering prizes for remixes of his songs. London Booted is a set of remixes of the classic Clash album, London Calling.

Beck: "I got two turntables and a microphone -
Where it's at!" - from Odelay

Big Audio Dynamite: "C`mon every beatbox let`s party right now . . . that`s were I dance, where do you dance?" from Planet BAD - Greatest Hits

Dennis Kennedy: "What's this got to do with blogging? Everything!"

Where do you jam?

Posted by dmk at 10:39 AM

Outlook Junk Mail Filter Automatically Screened Ballmer Newsletter

Here's an interesting spam-filtering result. I signed up for a subscription to the Microsoft Executive Emails. Today, Steve Ballmer sent me an email on "Managing IT for Business Value," a topic that, as many of you know, is one of my major interests.

However, I only found it when I took a look at the messages the Outlook 2003 automatic junk mail filter routed into the "Junk Mail" folder. An oops or a commentary?

To me, yet another example of how spam solutions may become as big a problem as spam itself. How do I know that I'm seeing all the email that is being sent to me that I want to see? The simple answer: I don't.

Posted by dmk at 10:09 AM

April 28, 2004

That's Not What I Meant

Dave Pollard's How to Save the World blog is is a constant source of excellent, thought-provoking material. Todays post, "That's Not What I Meant," is just one more example of the quality material you will find on this blog.

Pollard discusses the difficulty of presenting material in ways that your audience actually "gets" your points, drawing on actual findings. He then questions whether we can actually get points across in conversations, again based on studies that have been done. It will make you think.

I've been struggling lately with coming up with better ways to connect with audiences when talking about technology, given the wide range of experience and expertise in the typical audience. It seems like a project that's well worth the effort.

Posted by dmk at 09:35 PM

April 20, 2004

Building Your "Kitchen Cabinet"

I've always been intrigued by the notion of putting together an informal but formal group of advisors. To a certain extent, as you move through life you assemble a group of friends, mentors, professionals and others who meet some of those needs, but the idea of having a formal group to give advice and whack you upside the head with a two-by-four when needed has always seemed cool to me.

Lisa Yoon writes a great article on CFO.com called Building Your "Kitchen Cabinet", which delves into the practical issues involved in putting together such an arrangement and also tantalizes with hints of the benefits of these arrangements.

Heck, I know I can use all the help I can get. One big reason I like blogs is because they make available the insights of many smart and accomplished people. I'm interested in exploring the notion of a "kitchen cabinet." I'd enjoy hearing about your experiences with the idea, your insights and even discussing ways to make the experiment go live. Let me know.

Posted by dmk at 12:15 AM

April 16, 2004

New Patti Smith CD and Website: We Hold These Truths . . . .

"This is gonna be our century and it'll be whatever we make it."

It was great news for me to learn that Patti Smith has a new album coming out this month and a brand new website. She has described her music as "Three chord rock merged with the power of the word."

The new album is callled "Trampin':

"It is march, a good word, and a good time
to share the making of trampin'.
our terrain stretches from the american
heartland to the streets of baghdad.
our boots are well worn and the sack we toss over
our shoulder is filled with tears and grain.
we unbutton our coats, for spring
is upon us and the air is thick with promise.
let us shake the gold upon the fields
for it is march, a good time for trampin'"

I'm reminded that so much of my rock 'n' roll esthetic, and even my overall artisitic esthetic, grows out of Patti Smith's first three albums - Horses, Radio Ethiopia, Easter - and early live bootlegs (if you've ever heard her live version of Lou Reed's "Pale Blue Eyes" or "My Generation" (now a bonus track on Horses) from the mid-70s, you'll know what I mean) - and, to a surprising extent, her continuing works over the years.

In 1979, I had one of my ultimate musical evenings when we saw Patti Smith live in Indianapolis doing one of her shows touring after the Easter album (I still get chills thinking about that one) and then driving across town to see the Ramones live in a bar. Patti Smith also showed up at the Ramones concert. It was one of the high points of the 70s punk rock scene in Indiana (other than when my friend Emmett and I broadcast the first punk rock radio show in Indiana - a classic tale that included us almost getting kicked off the air).

The new website reminded me of that influence. The opening splash page has a William Blake etching. The site appears to change regularly, but on my first visit there was an image of a great Jackson Pollock painting, giving me a sense of familiarity and recognition.

Some of the artists I like best, Blake, Brancusi, Pollock, grew out of those early albums, as did my movement to U2 and John Coltrane in music.

On my first visit to the site, and unfortunately I couldn't find the same page today (I believe it was replaced by a great meditation on Lincoln and Easter called the empty chair, was an image of the Declaration of Independence and a short excerpt from the beginning of the D of I. In the context, the words of the declaration are electrifying. Reading it with new eyes is something I definitely recommend.

From a 1998 concert review:

"Left knee twitching out the beat, cheeks flushed, voice agrowl, Patti Smith put on her glasses and put the juice back into words most of us take for granted--``We hold these truths to be self-evident. . .''

It was, quite possibly, the first time the Declaration of Independence had been recited accompanied by guitar feedback.

By the end of it, the audience sounded ready to follow Smith into the streets and straight to Capitol Hill. ``This is gonna be our century and it'll be whatever we make it,'' Smith declared, her arms raised, and she had the music, the charisma and the rock 'n' roll attitude to back it up."

I think that one of the more interesting things I've ever written was a college paper on William Blake's poem "America." It can be found as part of the longer work here. As with all of these things, the paper is probably more about Dennis in 1980 than about the text of the poem, but it always struck me that I touched on something important in that essay.

In introducing the essay, I said, "Blake sees historical events as mythological events that are accompanied by a progressive transformation of imagination and human society." Blake said, ""I must Create a System or be enslaved by another Man's."

Doesn't it come down to this:

"This is gonna be our century and it'll be whatever we make it."

Posted by dmk at 10:18 AM

April 14, 2004

The IRS in 2004

As a former tax lawyer, it's been difficult for me to give up the experience of preparing my own tax returns, even though it generally leaves me in a bad mood. It takes so darn long and, by the end of the process, I end up thinking that the old Simplified Tax Return gag makes more and more sense.

This year, however, after hearing the author on a few radio shows, I read Rick Yancey's wonderful book, Confessions of a Tax Collector, which turns the day-to-day work of an IRS tax collector into a fascinating, funny and insightful series of character studies. The fact that Yancey makes you feel sympathetic to the plight of tax collectors shows his great skill. And, for anyone who has ever spent some time working for the government, there are some details that are so dead-on for certain character types that you'll think Yancey might have spent a few days at your office. You start to really pull for this wacky group of existential cowboys who serve as the last line, determined to make sure that the beast gets fed.

There's a great four step mantra that Yancey keeps referring to: "We know where they are. We know what they do. We know what they have. We will execute what they fear." It's a lonely life, but Yancey catches you off-guard and succeeds in writing the ulitmate revenue agent fairy tale: the revenooer gets the girl.

So, I finished the book with my own wacky desire to "pay my fair share," an effect that the hundreds of pages of 1040 instructions has never accomplished so effectively.

However, I have to admit that a few recent items have conspired to try to diminish the warm fuzzy feelings about paying taxes I have this year.

1. David Callhan's The Cheating Culture , which uses today's large law firm billable hour culture as a major example of his thesis, notes that at least $250 BILLION of taxes are simply not paid each year.

2. The story of the current state and possible fate of the IRS Master File and the continuing saga of the never-finished IT upgrade at the IRS almost defies description.

3. If you might be wondering why you need to use a private vendor to e-file, the stats in this chart might give you an idea why.

Ironically, IT may lead to a simplication of our tax system, but not in the way anyone envisioned - if the current situation takes the nose dive some fear, the national sales tax approach might be the only workable option to fund the government.

Posted by dmk at 09:51 PM

April 07, 2004

Please Consider Supporting This MS Walk

I got an email the other day from one of my classmates in the legendary Garrett High School Class of 1976, Neal Esselburn. Neal and I have been friends from at least the first grade. Some of the most fun I had in high school involved running track and cross country with Neal (we used to run early every morning and I still remember the feel of running on the dewy grass of a golf course as the sun was coming up) and driving around and around many nights in his blue Corvair stuffed with friends. Someday, I want to write about or make a movie about the summer of 1975 at Feick Park in Garrett. Dazed and Confused is close, but it's not quite right. In some ways, Melissa Etheridge's Shriner's Park comes close to capturing that feeling, although having heard Melissa's introduction to the song at a concert, the context of her song is quite different. But, I digress.

It was a surprise when we heard that Neal had multiple sclerosis 20 years ago. I'll always associate Neal with the neon green Adidas running shoes we wore as high school seniors far more than the motorized cart and cane he used when we had lunch this past summer.

Neal's note was to let our email group of classmates know about an upcoming MS Walk he's involved with. It's a compelling cause and I got Neal's permission to reproduce his note and ask readers of this blog, if you are so inclined, to consider making a contribution to this effort.

Neal wrote:

"Hello everyone. For those of you who don't know, I was diagnosed with Multiple Sclerosis in December 1984. It wasn't the best news that I've ever had but it could've been much, much worse. I'm a volunteer for our MS walk committee and I'm asking each of you for your support.

Our walk is on Saturday May 15th. This also happens to be my birthday. I'm sending this note to you asking for any help you can give to end the devastating effects of Multiple Sclerosis.

I went on permanent disability in 1998. It was shortly after that, I began to volunteer a lot of my time to the National MS Society. I've been helping with the MS walk for 5 years. I'm a facilitator of MS support groups at the Lutheran Rehabilitation Hospital in Ft. Wayne and at DeKalb Memorial Hospital in Auburn.

I hope by sending this request via email that it doesn't upset anyone. If you're going to be in the area on May 15th, it would be great if you would come to the MS walk and wish me a happy birhday. I hope you can help. If you have any questions please don't hesitate to contact me. Here is the information you'll need to help with donations.

1) via internet:
> login to www.msindiana.org
> on the left side of the screen you should see
" MS WALK 2004-Register now! "
> You'll see an area for donations too.

2) You can also call (800) 762-1209. Explain that you're
calling to help with the Northeast Indiana MS Walk
and they should be able to direct you to the corect
area.

Thanks again for any help you can give us!!!

Neal A Esselburn"

And, thank you for any help you can give.

Posted by dmk at 10:33 PM

March 30, 2004

Steve Gillmor on Why Microsoft Needs RSS

Steve Gillmor's Memo to Steve Ballmer sets out the case for RSS in an open letter to Micrososoft's Steve Ballmer. It's a great article to show people who don't get the point of RSS.

Gillmor concludes:

"RSS may appear to be just a niche technology, a hippie miracle cure for everything from information overload to e-mail dysfunction. But I'd like to see the data on relapsing from RSS. Once you kick the browser, it's very hard to go back to the old way of doing things. I look forward to hearing from you, perhaps via your own RSS feed. That's one channel I look forward to subscribing to."

Posted by dmk at 09:42 AM

Sites We Wish Had RSS Feeds

Amy Gahran has launched a project that there has been a crying need for - talking bloggers with great blogs into adding RSS feeds.

A huge thank you to Amy for this. Note that she includes a sample form letter for you to send to non-feed-sending bloggers.

I'm always frustrated to find a blog with excellent material, but no RSS feed, because I realize that the chances of me returning to the blog on my own on a regular basis are almost nil.

Help start an RSS feed today.

Posted by dmk at 09:21 AM

March 16, 2004

The House Where I Grew Up

I love the satellite map sites like ACME Mapper. Here's a view of the house where I grew up. It's hidden by some big trees, but I recognized the whole neighborhood. Of course, growing up in a town of 5,000 people means I don't have as much to remember as others of you might.

If you look two blocks to the east and across the street (facing the park), you will see the hospital where I was born (shortly before they stopped delivering babies there), which is now undergoing a restoration. If you zoom out a bit and go the proverbial mile east, you'll see the schools I attended, walking a mile each way.

Do you recognize the house and neighborhood where you grew up as it now looks?

Posted by dmk at 11:32 PM

March 03, 2004

Festering in My Head

Tom Coates at Plasticbag.org has a great post called "Festering in My Head" that sums up exactly the way I was feeling after taking a mini-break from blogging.

He says:

"Because the longer you leave [blogging], the more pressure there is to make your return worthwhile, valuable, interesting. I am currently backlogged with about three weeks worth of things I feel I need to say - mostly about ETCon, but also about online communities, social software, ConCon and politics - but I know now that I'll never manage to get most of it out onto the page. Had I not been so self-indulgent about making it perfect, then anything useful I had to say would actually be out there doing some limited good rather than festering in my head."

Sometimes, the best is indeed the enemy of the good.

Posted by dmk at 11:08 PM

February 24, 2004

Judge Paula Bryant

I love it when my friends get the recognition and rewards that they deserve. Missouri governor Bob Holden has appointed Paula Bryant as a new associate circuit judge in the 22nd Judicial Circuit in St. Louis City.

Paula and I spent some time early in our careers as law clerks for the 22nd Circuit and have been good friends for more years than our youthful appearances might suggest. We got to work with some great judges who were very influential on our later careers.

Paula has always wanted to be a judge and it is so cool that she has attained that goal. I have no doubt that she will be an excellent judge.

Posted by dmk at 10:45 PM

February 17, 2004

Happy Birthday to Me and My Blog

What do I share with sports legends Michael Jordan and Jim Brown? A February 17 birthday.

Well, today's my birthday and also a time to celebrate the first anniversary of DennisKennedy.Blog. My blog was my birthday present to myself last year and what a great gift it was - a gift that keeps on giving.

I've greatly enjoyed the new vistas the blog has opened for me and thank all all the fellow bloggers and blog readers around the world I got the chance to meet or communicate with over the past year.

For those who wish to celebrate my birthday in a more traditional way:

1. Send me something on my Amazon WishList.

2. Make a donation to one of the charities on my GiveList.

3. I have a growing collection of cool tech giveaway items (you know, like the logoed giveaway items you get in exhibit halls). If you are doing some cool new giveaway items for 2004, you can add me to your recipient list - T-shirt size = Large.

For the upcoming year, expect the announcement of a few changes, some new approaches, more information and links, and, as some have already noticed, sponsors for the blog, starting with Fios, Inc. and CaseSoft.

Posted by dmk at 11:59 AM

January 30, 2004

The Alarm: VH1 Bands Reunited

Every now and then you see something on cable TV that makes you think that there's still hope for television. Last night, I accidentally ran across a show on VH1 called Bands Reunited: The Alarm. The premise is kind of fun. They track down the former members of a band that was hot many years ago and then disappeared. They try to get the members to agree to meet, to talk and to play together again for a few songs.

The episode I watched focused on The Alarm. The story of their breakup is pretty classic - the singer announced on stage before the last song on the last tour that he was leaving and walked away.

It was good to be reminded of what a great band the Alarm was, how you don't seem to hear many of those great anthemic songs like "Sixty-eight Guns" anymore, and how much I enjoyed their early albums in particular.

And it was great to see them, years later, pick up the instruments, give the song a reading that captured both the enthusiasm of youth and the lessons learned in the years since in a way that just plain rocked.

Highly recommended.

Posted by dmk at 05:48 PM

January 22, 2004

The Linked-In Mini-Boomlet

I noticed that some of my "social network" connected into the LinkedIn network and I had a little flurry of requests today.

I don't know much about the social networking phenomenon, but, I respect the people who asked me to tie into their networks enough that I willing to experiment with it.

That means that if you are in the LinkedIn network and you know me (and I know you), please feel free to send me an invitation. I'll either go ahead and add myself as one of your connections or, if I don't know you, ask you who the heck you are.

I doubt that I'll be proactive on this until I get a better sense of how it works. But, if it involves the Internet, collaboration and creating communities, I'm definitely interested.

Posted by dmk at 11:11 PM

January 21, 2004

Here's Something That Makes it All Worth It

I got a nice email today from Peter Judson, a teacher in Montreal, who wanted to let me know that he had linked to my Ten Tips for Making a PowerPoint Presentation article and had used some of my points to help his 7th grade students prepare to do some project presentations.

I took at look at the site he created and then looked at the slides under "Mr. Judson's Presentation."

I've published hundreds of article in all kinds of places, but I don't know if I've ever been more flattered by someone making my ideas available or seen a more satisfying use of my writing.

I sit here thinking that there are not many things that are as cool as being able to help kids do cool things and to help the teachers who really care about helping kids do cool things. It's one more cool Internet experience and another e-mail that has made one of my days.

By the way, the Sacred Heart School of Montreal looks like a school that is doing some great things. If you happen to be someone with influence over grants and funds that get donated to schools for innovative uses of technology, I suggest you might add this school (along with The College School) to your list for consideration.

Posted by dmk at 06:12 PM

January 19, 2004

Eerie Spam

While I generally find the ways that spammers devise to beat spam filters to be quite creative and amusing, the recent trend of using random names has been a little unsettling for me in the last few days.

I've had to look at a couple of e-mails that I had almost no doubt were spam, but they were "from" names that were identical to the names of people I knew from high school, although from a year or two outside my graduating class. In other words, I had to look. Not suprisingly, these familiar names were offering great deals on vi*gra.

Speaking of spam, I recommend that you take a look at Fred Langa's recent e-mail experiment that suggests that as many as 40% of legitimate e-mail messages may be filtered out by today's spam filtering software.

These results back up my argument that spam filters have destroyed the trust we used to have in e-mail. Is the cure worse than the problem? Will I be calling you to see whether you got my e-mail?

Posted by dmk at 11:04 PM

January 16, 2004

The Surprisingly Negative Response of Bloggers to New Space Missions

I have been greatly surprised by the overwhelmingly negative response I've seen from many bloggers about the proposed re-emphasis on Moon and Mars space missions. If any group would be in favor, I expected it to be bloggers in general.

The negative reaction has disappointed me. Today, however, I was cheered to see Tom Peters talk about his support of space exploration in his newsletter.

For me, no one has captured my position better than J. Michael Straczynski in Babylon 5:

"Is it worth it? Should we just pull back, forget the whole thing as a bad idea and take care of our own problems at home?"

"No. We have to stay here and there's a simple reason why. Ask ten different scientists about the environment, population control, genetics and you'll get ten different answers, but there's one thing every scientist on the planet agrees on. Whether it happens in a hundred years or a thousand years or a million years, eventually our Sun will grow cold and go out. When that happens, it won't just take us. It'll take Marilyn Monroe and Lao-Tzu and Einstein and Morobuto and Buddy Holly and Aristophenes .. and all of this .. all of this was for nothing unless we go to the stars."

- Mary Ann Cramer interviews Cmdr. Sinclair in Babylon 5: "Infection"

Posted by dmk at 02:19 PM

December 29, 2003

GiveLists, WishLists and Giveaways - Tangible Rewards for Bloggers

I've been intrigued lately by the innovative ways bloggers have used to support their efforts - from pledge drives to tip jars to Amazon wishlists and other options. This phenomenon is cool and shows one of the many creative techniques that bloggers have developed, often by applying existing tools to new uses.

It makes good sense to me and I can't wait to jump in.

I was fascinated to hear about WhatGoesAround.org and the variation on the wishlist idea they have developed to allow people to donate funds to your favorite charities. This approach, too, also makes sense in the context of ways that readers of blogs can do something to support their favorite blogs.

So, if you like what I'm doing with this blog and want to help support it, here are four things to consider doing:

1. Make a donation to one of the charities on my GiveList and, in particular, to The College School, the amazing and innovative school that my daughter attends.

2. Send me something on my Amazon WishList.

4. Help me learn about cool tools by sending me review copies of software, gadgets and the like.

Of course, there are also the traditional options of sponsoring a portion of my website or buying my services or products.

Best wishes for 2004!

Posted by dmk at 02:11 PM

Back Home and the Light of Day

We're back after a break to visit my parents and family in Indiana, a good trip in many ways.

Waiting for me on my return was the new issue of the Springsteen fanzine, "Backstreets." In the issue, they mention the collection of Springsteen cover versions by various artists called Light of Day. The proceeds from the sale of this CD set go to benefit research on Parkinson's Disease.

I mention this because my Mom has had Parkinson's Disease for about seven years. She's done well with the medications, with the occasional ups and downs. It seems that researchers are getting closer to finding some things that will really help those with Parkinson's. Every little bit helps. If the music or the cause interests you, please consider buying this CD or targeting a part of your charitable giving to this cause.

Posted by dmk at 01:12 PM

December 04, 2003

Peter Matthiessen's End of the Earth

Peter Matthiessen is a favorite of mine. I recently finished his book about his two trips to the Antarctic called "End of the Earth," which I enjoyed immensely. Few of us will ever get to make a trip to Antarctica (and even if we wanted to, the realities of the trip seem a little daunting), so it's great to see this world through Matthiessen's eyes. He weaves history, nature studies and travelogue all together in what for me was a compelling read (I mean, I read until I had finished it in one sitting).

So, I couldn't wait to recommend it on my blog and was thinking of getting copies for presents. I checked it out on Amazon and can only say that the one reviewer seems to be a little grumpy and I had the opposite reaction. It's a very good avenue to explore one of the last pure areas on earth.

Posted by dmk at 02:38 PM

November 11, 2003

Remembering Angels on Veteran's Day

Because it's Veteran's Day and the Jessica Lynch story is front and center today, I've been thinking about my great aunt, Eleanor Garen, who retired as an Army major after being a POW in the Philippines during World War II. As an army nurse, her experiences included work on both Bataan and Corregidor under extreme conditions before the surrender of Corregidor and her capture. She spent several years as a POW in the Santo Tomas prison camp Manila with a group of army nurses who were known as the "Angels of Bataan."

After Aunt Eleanor's death, I ended up with her papers and materials, including items and documents from the prison camp, which are now displayed at Northwestern Hospital and the Michigan's Finest military museum in Frankenmuth, Michigan. Some of those papers and a series of interviews with my great aunt were instrumental in the writing of Beth Norman's highly-praised book, "We Band of Angels, which tells their compelling and little known story.

When I grew up, we really only knew that she had been a POW in World War II and not much else, other than that she didn't have the highest opinion of McArthur, who was evacuated from the Philippines before the end stage. I did know that she had a fabulous sense of humor and a commitment to education. Her gift of $1,000 on my high school graduation, an immense amount to me at the time, came out of her belief in the value of education and because she wanted to recognize me for being the first in the family to go to college. Ironically, I later learned that she graduated from Northwestern Hosptial's nursing school in the 1930s and attended a variety of college classes most of the rest of her life. I now think that I am the second person in my family to go to college.

I know that my Aunt Eleanor never really told anyone much about her story because, as she said, she didn't see herself as having done anything special and she didn't think people really wanted to hear about her experiences.

This book tells her story and it's been gratifying to know how many people do care about her story. There are very few of the "Angels" still alive today, which is sad because they do have a special place in our history.

When I looked through the boxes I had after Aunt Eleanor's death, I really wanted to make sure that her story didn't stay locked in those in boxes in a basement. With the help of Susan Sacharski at Northwestern and others, we got some that material and more to Beth Norman. Beth Norman worked very hard and succeeded in telling the great story of these women. This book is compelling and will definitely touch you. I definitely recommend that you add it to your reading list.

Posted by dmk at 09:54 PM

November 06, 2003

The Subtext of the Reagan Movie Controversy

As it turns out, I was reading over the last few days the new collection of Ronald Reagan's letters, Reagan: A Life in Letters, which I highly recommend. If you want to understand what people who lament the lost art of letter writing mean, this collection will show you. Reagan, who apparently wrote over 10,000 letters, is a master of the craft of letter writing. Whether the simple gracious thank you, words of advice, stories or plotical arguments, these letters offer great examples of excellent letter writing.

Now, that may be a surprise to some. I was surprised that I was staying up late, and not blogging, as I read.

I realize that there is a political component to all of this and that people's opinions on Reagan are pretty well set, as the recent TV movie controversy demonstrates. One thing about Reagan is that you always knew where he stood politically - you see great consistency throughout these letters. I've seen people who oppose Reagan politically say things about him personally that shock me. I was living in the DC area when Reagan was shot and I sometimes feel that people who didn't live there were not as affected by the event of those who were there. I also enjoyed the fact that when we watched the Redskins games on Sundays, we always knew that our president was watching, too.

I've always seen a great separation between Reagan the individual and Reagan the political figure. That, to me, is a lot of what is at play in the recent controversy over the Reagan TV movie.

Here's what I think the subtext is that matters. Reagan is very close to dying. There have been a number of signals to that effect recently.

The root issue, no matter how much people want to dress it up and wave the censorship and right wing control flags, is that the concern at this time is not for Reagan the political figure. The concern, instead, is for Reagan the individual and his family as he moves toward what he referred to as "the sunset of my life" in his letter to the world about his diagnosis with Alzheimer's (worth a second look for how to handle such an event with grace and dignity), so that his sunset can happen with dignity and respect for him, his family and the people who revere him.

The political gloves can be put aside until later. It is a matter of public politeness at a time when public politeness seems all but non-existent. If you read these letters, you will want to give him and his family quiet and dignity at this time where the end seems to be very near and, who knows, you might even see him in a new light.

Posted by dmk at 11:50 AM

October 31, 2003

"Napster for Good Causes"

Another fascinating article today - the topic: "social software" or tech projects that help people.

From the BBC News article:

"Good ideas that use technology to improve life offline are being sought by a new non-profit organisation.

MySociety is looking to turn the ideas into working projects that help people get involved with their community or make a contribution to civil society."

"The basic criteria for ideas are that:

They must be internet based

They must have a real world impact

They must serve many people for the same cost as they serve a few"

Here's another cool example of using the Internet to help people, via the Junkyard Blog: Operation Hero Miles offers a way to donate unused frequent flyer miles to allow soldiers to use use them for flights home. If you're not using them any way, it seems like a pretty good use for them.

Posted by dmk at 09:49 AM

October 09, 2003

An Angry Edge Sounds Like Good News to Me

I saw this headline: New U2 album driven by Edge's anger at Bono.

My critique of the last few U2 albums - where is Edge and why is the guitar mixed down so far?

I've been known to say that one album I'd buy in a heartbeat, if it existed, would be "Edge: The Practice Sessions." But the idea of a new guitar-driven U2 album seems like good news to me.

Posted by dmk at 10:50 PM

October 01, 2003

1000 Years for Revenge

I just finished Peter Lance's 1000 Years for Revenge: International Terrorism and the FBI--the Untold Story and recommend it highly.

I've gradually been trying to get a number of different perspectives on the terrorism issue. This book told the story to me in a lucid, understandable and compelling way. I finally began to understand the cast of characters and the timeline.

One of the blurbs for the book suggests that it reads like a thriller. It does, but, unlike the thrillers of Ludlum and others, the heroes don't avert catastrophe at the last minute. The bad events do occur.

I think we all need to face up to the question of whether we are less vulnerable now than we were on 9/11 and what should be done. Readers of this book, and others, will have some definite concerns about what the answer to that question is today. Is there still a plan that is not yet finished?

Posted by dmk at 03:41 PM

September 24, 2003

Fuzzy the Hampster, R.I.P.

It's a sad day for the Kennedy family. My daughter's pet hampster, Fuzzy, died last night. The death of any pet is very difficult, but Fuzzy was Grace's first real pet and that makes it especially hard.

Fuzzy did have a long life and touched us all with her entertaining ways.

Several years ago, Grace came to me wanting to get a pet. Several allergy tests and second opinions later, it was clear that having any fur-bearing pet was not advisable for me. We talked the doctors into an arrangement where Fuzzy was largely kept away from places I frequented and Grace picked out Fuzzy at the Humane Society.

I could not be more proud of how responsible and loving Grace was in taking care of Fuzzy. It's been a hard day for her.

We'll miss Fuzzy but are thankful for the time she shared with us and the way she touched us all.

Posted by dmk at 04:20 PM

September 23, 2003

Homework Assignment for 2004 Election

I've been starting to feel that the level of political discourse will sink so low by November 2004 that any enthusiasm for voting will be thoroughly drained from the voting populace. What if they gave an election and only the politicians cared about voting?

The "good" news is that there's a great posting on Kuro5hin.org called "19th Century Guide to Dishonest Argument" describing an pointing to Arthur Schopenhauer's The Art of Controversy, which delves into 38 categories of less-than-fair techniques of argument.

Might I suggest a new drinking game for the political season: drink a beer every time you recognize one of these techniques.

Anyway, a great homework text to study. Unfortunately, the intro to the post is becoming more true than any of us would want to accept: "In the public arena, rhetoric is more important than logic; sounding right is more important than being right."

Posted by dmk at 11:36 AM

September 17, 2003

Demystify It: Adam Wolfson

Adam Wolfson's article on suicide terrorism presents some conclusions based on a study of all the suicide terrorism events to date. As with many things, looking at the statistics and hard numbers should lead to better conclusions than simply relying on gut instinct. In this politically charged atmosphere, I doubt that all of Wolfson's conclusions will be accepted, and my sense is that some of the emphasis is not quite right, but it's good to start from something solid.

This article is especially worthwhile as a way to start to think about this barely-possible-to-understand phenomenon and its implications.

Posted by dmk at 11:56 AM

Forensic Biology: IT and 9/11

This article from Bio-IT world covers the herculean efforts made to identify 9/11 victims and the progress in technology that was made as a result. Fascinating, and uplifting, story.

Posted by dmk at 11:47 AM

PlantingbytheMoon.com

To everything there is a season. My brother has a cool web site called PlantingbytheMoon.com that covers some of the ancient arts of astrological gardening and also shares some of his insights as a Master Gardener.

I can definitely vouch for his expertise in gardening.

If you're interested in gardening, check out his site.

Posted by dmk at 11:30 AM

September 16, 2003

Restless Nights - Great Sleep Apnea Resource

I have been trying to find a really good book on sleep apnea for quite a while now. I've now found Sleepless Nights, by Peretz Lavie, and recommend it most highly.

Lavie points out that sleep apnea as a diagnosis virtually did not exist until the last 20 years or so, even though reports of the symptoms go back quite a while in the literature. The "newness' of the condition is part of the reason for the lack of standard popular references.

Now, we are beginning to understand that perhaps 1 out of every 4 males over the age of 40 (and I'm one of them) has some level of sleep apnea. I'm certainly starting to run into a number of people with it.

Lavie's book is quite good, perhaps a little long on the history, but he's an insider and it is an interesting vantage point he provides. I stayed up way too late reading the book from cover to cover.

He also does a great job of sorting through the symptoms, diagnosis and treatment options.

If you have sleep apnea or live with someone who does, this is a highly recommended read. If someone is complaining about your snoring, you probably will want to give this a look.

Most important, if you have a sleep apnea diagnosis and have decided to forego using a CPAP mask, you must read this book and reevaluate your decision.

Posted by dmk at 02:04 PM

September 10, 2003

The Shadow of 9/11

One of the coolest things about no longer working in a law firm and being on my own is that I can take a morning and just go out and do something with my wife. One of the best things to do in St. Louis is to go to the Missouri Botanical Garden.

We were at the Garden last week on a beautiful September day, barely a cloud in the sky. As we walked through the Japanese garden, I found myself thinking, in spite of my efforts not to, that the sky was that "unbelievable blue" we'll now always associate with September 11, 2001.

It was an unsettling, disturbing feeling, made more eerie by the sound of a passenger plane flying over us, seemingly a little too low and a little too loud.

We all have associations and memories now. For me, the bluest clear sky holds a cloud you can't see.

Posted by dmk at 10:29 PM

September 01, 2003

Recovering after Minor Surgery

I've been on the mend after minor surgery last week - fixing my deviated septum with the hope of helping my sleep apnea problem. I'm started to get back into the swing of things, but was reminded that "minor surgery" is a term that only applies to surgery to someone else other than yourself.

Posted by dmk at 02:33 PM

August 19, 2003

More Than Just a Big Scar After All

It was distressing to hear lately that the old smallpox vaccinations may no longer provide any protection. I have this nice big scar on my arm and I was hoping that I at least would get some value from it.

Well, apparently new studies indicate that the old smallpox vaccinations will still provide some protection. I've been reading a number of books on bioterrorism this summer and this article gives me a little comfort.

Posted by dmk at 12:12 PM

August 11, 2003

Gently Exiting the Vacation Mode

As the song says, it's always good for me to be back home again in Indiana. While visiting my parents this past week, I did something that I realized I haven't done in many years - let myself drift into the vacation mode and let go of the need to "accomplish" some work even when on vacation. Instead, I found myself visiting with friends and family, completing a bike ride I've wanted to make since I was a child, spending time at my family's farm and even attending a pickle festival and touring a pickle factory in a nearby town.

A good time to let thoughts percolate and I have some ideas for some new directions.

The little blog break was a good thing, too, because I now have a better feel for some of the things I'd like to do with this blog - new directions, a somewhat more personal approach, and some surprises, I suppose. I know that I sure do disagree with the recent article suggesting that lawyers who blog should take care to show no personality or, God forbid, mention their interest in Nascar. How will people know how much I'd appreciate great tickets to the Daytona 500 if I can't mention it in my blog? Interestingly, in talking with friends, I notice the most eye-rolling and head-shaking about lawyers when I mention the comments of others that lawyers should take care to hide personality and opinions in blogs.

Watch this space for some new things.

Posted by dmk at 10:30 PM

July 30, 2003

SpringsteenNews.Net - RSS Feed

At long last I've found a Springsteen site with an RSS feed - SpringsteenNews.net. With news, set lists from recent shows and more, you can keep tab on the latest happenings on the current tour.

Posted by dmk at 09:38 PM

July 17, 2003

Matt's Cool Reading List

I spent some time tonight on the A Whole Lotta Nothing blog and was greatly rewarded.

I particularly enjoyed Matt's list of books that shaped his view of the web, in part because I had read most of the books over the years and could nod my head in agreement with his assessments.

But I was delighted by his mention of Scott McCloud's Understanding Comics. While I think that the book is quite helpful in thinking about web site design, it's the most influential book I've ever read in terms of impact on my use of PowerPoint. The book made me think very carefully about the transition of thought from slide to slide and the logic of both the gap in between slides as well as the way to use slides themselves. If you think about that, that's a key element in comic strips. In fact, a lot of the explanantion of why many PowerPoint presentations are considered "bad" can be found in this book, but you have to think and try to draw some analogies out. It's well worth the effort.

Ironically, when people tell me they like my presentations, I'll mention this book and notice that they never believe me. Now, don't you do that. I recommend both Matt's list and McCloud's book.

Posted by dmk at 10:22 PM

Lessons for RIAA and Entertainment Industry?

The RIAA's scorched earth policy in which they seemingly want to sue all of their potential customers never has made much sense to me. Matt Haughey's Donuts 'n Porn essay seems dead on target to me. As he says, "there are two ways a business can view people crowding around their valuable products: either as thieving pirates that must be stopped at all costs, or as potential customers that can bring in a lot of money. As a business owner, what view is best for your profits?"

That question seems to be a rhetorical one to me, but I guess that others disagree.

Posted by dmk at 10:07 PM

July 16, 2003

Steve Gillmor on the Sound of Silence

Steve Gillmor's comments on why RSS feeds are so cool captures my thoughts precisely and even gives the Ray Ozzie example I would choose to illustrate the disappearance and reappearance phenomenon. Nice little essay that I'd recommend to those trying to get a better sense of why some people have a transcendentalist approach to the possibilities of RSS feeds.

Posted by dmk at 09:45 PM

July 15, 2003

Blogger Symposium - The War on Terrorism

I really enjoyed all the war bloggers that appeared around the time of the Iraq war and have wondered about what will happen to many of them. I miss the energy, excitement and sense of being clued in to the real story that some of them gave.

Since regular coverage of the war on terrorism tends to be non-existent or limited to legalisms over what words were use when to describe uranium sales that may or may not have happened (are we a nation of lawyers or what?), it was good to see the return of some of these bloggers in a discussion forum where they spoke at length about developments in the war on terrorism.

I really don't find myself able to take much of a purely political position on these subjects, but I am a information guy and I like to see the topic discussed by people who have both strong opinions, apparent access to real information and a sense of a need for vigilance.

Posted by dmk at 09:56 PM

July 11, 2003

SpeakerNet News

I'm always on the lookout for good resources. The SpeakerNet.com site and the free email SpeakerNet News newsletter are chock full of great info, tips and resources for speakers. Highly recommended.

Posted by dmk at 08:00 PM

June 25, 2003

List of Bests

I found myself yesterday wandering around a Barnes & Noble with a $25 gift card literally unable to find anything that I wanted to read enough to pay for. Obviously, I either hadn't done my preparation for the trip to the store or my fascination with Bookcloseouts.com has reached a new level.

That reminded of a site I had noticed a while back called List of Bests, which keeps in one handy place a variety of "Best of" lists for books, movies and music. Nice site, handy resource and a little food for thought.

Posted by dmk at 11:16 PM

June 24, 2003

The Rapidly Changing Internet Experience

My experience of the Internet has dramatically changed over the last few months because of news aggregators. I suspect that many others are experiencing a similar sense of movement.

Two quotes I noticed today capture my feelings well.

The first is from Jim McGee, who says:

"Sites that provide no RSS feed essentially don't exist for me."

He adds: "95% of my online information comes to me by way of my aggregator." While I've not reached that kind of percentage yet, it's amazing how dramatically the time I spend actually going out and looking for things (other than newsfeeds) on the Internet has been reduced.

The second quote is from Matt Mower's Curiouser and Curiouser blog, where Matt says:

"Could somebody please tell me, given that we are half way to 2004 in the 21st goddamn century, why I cannot print a web page without losing 50% of all the words on the right hand edge of the page. And it's not just IE, Firebird is just as bad!"

Matt also commented that Jim's quote I mentioned was "spot on" and I have to say that Matt's quote is also spot on in my book.

To me, the best software is the software that stays out of your way and let's you work the way you want to work. When simple things like printing out a page do not work in the default settings (and it happened to me again today), something needs to be fixed.

If the Internet routes around barriers, the dominant role of the browser as an information gathering tool on the Internet may diminish faster than anyone thought possible.

Posted by dmk at 11:58 PM

June 17, 2003

Recomendo

I've long been a fan of the Whole Earth Catalog, the CoEvolution Quarterly and the Whole Earth Review, especially during the Kevin Kelly period. I like the idea that there are some really great tools out there and that it is important to have a way to find them in one place.

I was delighted to learn that Kevin Kelly is capturing the idea of "cool tools" again in a section of his web site known as Recomendo, with a feed.

Posted by dmk at 10:53 PM

June 04, 2003

I Complain and Microsoft Listens, Vows to Take Action

I complained a few days ago in this very blog about Microsoft and the bazillion large and unwieldy updates and patches I've had to install lately on various computers. Today, I see the following story. Just good timing by me or another illustration of the power of blogs? I'll let you decide.

Quote:

FROM: NETFLASH: BREAKING NEWS FROM NETWORK WORLD FUSION

By Jeff Caruso

"Patch management is broken," Microsoft's Scott Charney said at
the company's Tech Ed event yesterday. He could have said "patch
management needs to be patched" - but while that would have been
mildly clever it would also have vastly understated the problem
Microsoft faces. Software patches have been flowing out of
Redmond like a river the last couple of years, and Microsoft
currently has eight different patching tools. Here's what the
company plans to do about it. See "Microsoft Vows to Clean up its Patch Management Mess."

Posted by dmk at 08:20 PM

May 30, 2003

A Plain Language Guide to the New Tax Code Revisions

You can study various summaries of the new tax revisions or even the law itself and still not find the answer to the key question: am I going to get a rebate check this year?

Fortunately, Smart Money's "What the Bush Tax Cut Means for You" puts it all together in a nice summary that is understandable and to the point. Compare this summary to some of the others that you'll find and you'll appreciate what a nice piece of work this article is.

Posted by dmk at 01:20 PM

May 05, 2003

MLK

I was in Alabama for a few days attending a friend's wedding. Since I was flying out of Atlanta yesterday, I had a few extra hours to take a look at Atlanta.

I believe it was Tom Peters who wrote that any time he is in Atlanta he likes to visit the Ebenzer Baptist Church. That rang a bell with me, and thanks to my trusty Hertz NeverLost system, I found my way there, and discovered that in fact there is a very good Martin Luther King Jr. National Historic Site, which includes the church, his birth home and his grave. It's quite an experience.

One of my wishes is that over time I will be able to visit some of the important sacred and spiritual places in the world. Quite simply, this site is one of them. If you are ever in Atlanta, I thoroughly recommend a visit.

Posted by dmk at 08:32 PM

April 30, 2003

Well, Knock Me Over With a Feather!

A new survey from the FTC concludes that "two-thirds of unsolicited commercial e-mail is deceptive in some way," according to an article in USA Today. Mercifully, the article did not include the taxpayer cost of this study. Compare the survey results to your own experience.

Posted by dmk at 10:20 PM

April 23, 2003

Ray Ozzie: Perspective: A Mosaic of New Opportunities

Ray Ozzie is the CEO of Groove Networks and the creator of Lotus Notes. He's written a new article outlining his predictions on dominant trends in computing. Not suprisingly, his vision involves greater collaboration and virtual workspaces, but Ozzie, a blogger (and it's great to see that his sabbatical from posting may be ending), sees the increasing number of inputs and quantity of information we deal with driving this process of change. He notes, "We're chained to e-mail and the Web, drowning in an information flood that leaves us feeling more and more like human message-processing machines." Many will agree with this sentiment.

Ultimately, he argues, "these changes will transform the personal computer into an interpersonal computer. This will be a rich, self-synchronized and readily interchangeable device focused specifically on people and what they do with one another online."

His message is an optimistic one. He says, "Even though our current use of PCs, productivity tools, e-mail and the Web seems quite sophisticated, we've only just begun to understand how to apply them and effectively realize their benefits. The next 10 years will find us moving decidedly from an era of personal productivity to one of joint productivity and social software. "

Posted by dmk at 07:52 AM

April 21, 2003

Pattern Recognition

"The future has never been more like the present than it is now."

William Gibson hooked my attention with the famous first line of his novel, Neuromancer, "The sky above the port was the color of a television, tuned to a dead channel." And it's been a great ride ever since.

I highly recommend his newest book, Pattern Recognition, which touches on many things that I find most interesting these days, including the subject of pattern recognition. In a way, we all see the patterns we want to see, but it struck me that the book touched on the blogging phenomenon in a fundamental way, without ever mentioning them. There is a current dance between art and expression and commerce and marketing that plays out in the book as well on the streets of the Internet these days.

The book is written in Gibson's superb and challenging style, one in which you must resist the urge to fight in order to be rewarded by the flow of it. There are classic Gibsonian characters and observations on our world - it's fascinating that the main character has a physical allergy/phobia to trademarks, yet works as a finder/arbiter of what is cool.

While Neuromancer seemingly predicted the nearly two decades that followed it, Pattern Recognition is set right in the present - the post 9/11 present. Pattern Recognition is about 9/11 without explicitly being about 9/11 in much the same way as is Bruce Springsteen's The Rising, and a strong common thread of "missing" runs through both. Both Gibson and Springsteen, to me, have presented the most artistically rewarding responses to 9/11, both deserving multiple re-readings and re-listenings.

Posted by dmk at 11:24 AM

Avoiding Armageddon

I recently finished Benjamin and Simon's The Sacred Age of Terror, which seems to be a good overview of the terrorism of our day. I do not think that anyone will finish this book with any sense of optimism for the long haul, even in spite of recent military victories.

It's the unfortunate nature of our modern world, but the site for PBS's Avoiding Armageddon series provides good info and resources on weapons of mass destruction, terrorism and the like. There's also a companion book.

Posted by dmk at 11:18 AM

April 16, 2003

Blog Evolution - War Blogs Without the War.

Tom Yager's Ahead of the Curve column in Infoworld has recently become one of my favorite reads because he addresses the implications of technology in addition to the implementations of technology. For example, his recent column called "Natural Selection" is an thought-provoking (in the best sense) meditation on consolidation in the IT industry and its implications.

The article, among other things, poses a key question in the new post-war blogging era: which bloggers will stick with it for the long run and which will bail out?

What sound does a war blog make when there is no war? The survivors and innovators will continue and I'm sure that I'll see some favorites disappear, but I can't wait to see the cool ways those who continue evolve their blogs.

Posted by dmk at 11:12 PM

April 10, 2003

Teaching in the Wireless Cloud

A fascinating article by Bryan Alexander discusses the many implications of both wireless and the habits of a wireless generation on academia and education. The education world is changing because of wireless - I can see that in the law school class I teach - and some of the changes this article suggests are positively exciting.

Posted by dmk at 09:54 AM

April 01, 2003

Dennis Kennedy Launches Solo Career

Yes, I am leaving Thompson Coburn to start a solo career. The mix of what I want to do no longer fits within the context of a large law firm and I�ll be starting a couple of new enterprises.

First, I�ll have a law practice that will look a lot like what I was doing at Thompson Coburn in the area of information technology law. I want to concentrate in what I think of as �consumer protection law� for businesses entering into important technology agreements. The focus will be on review and negotiation of information technology contracts, software licenses, e-commerce agreements and the like. I plan to use many of the technologies I�ve written about to deliver legal services.

Second, I�ll be doing a limited amount of consulting for a select group of clients in the area of legal technology. In addition to working with innovative law firms on web and technology projects, I�ll also consult with legal departments and large consumers of legal services in the area of �client driven technologies,� of which I�ll be speaking at the upcoming ABA TechShow and of which you�ll be hearing much more about from me. I�ll also work with a small number of legal software vendors in the area of marketing and development.

Finally, I plan to do more speaking and writing than I have been able to be in the last couple of years, including providing workshops, seminars and, very likely, a new email newsletter. I�ll continue to teach a class in IP and e-commerce licensing and drafting as an adjunct professor at the Washington University School of Law.

There will be more details on my web site at www.denniskennedy.com.

As always, I welcome your support and advice and look forward to being able to keep in touch with you as I move into these new ventures.

By the way, this move should mean more blog time.

Dennis

Posted by dmk at 12:11 PM

March 24, 2003

War News and Blogs

It seems that everyone is looking for good sources of current Iraq info. Lately, I'm consistently returning to these: The Agonist, The Mercury News War Watch, Warblogs.cc, and the comprehensive Cyberjournalist.net blog, which will lead you to many, many resources.

Posted by dmk at 09:47 PM

CFOs Eye IT Security, Sell-side Systems

Interesting report from iSource Online summarizes the results of a recent survey of CFOs on IT issues. While it's no surprise that security remains a major concern, the primary emphasis for CFOs in 2003 will be improvements in customer-facing systems. Other news of note, most CFOs remain wary of outsourcing and 25% of CFOs do not communicate with CIOs on budgets.

Posted by dmk at 09:37 PM

March 12, 2003

Partnership Has Its Rewards??

A new study from Altman Weil confirms something many of us had already suspected: law firm partners feel like they are working harder than ever because they are. Average billable hours for law firm partners increased 11.4% between 1984 and 2001, from 1,531 in 1984 to 1,706 in 2001. Partners in some law firms are now seeing minimum billable requirements in excess of this average. Marci Krufka of Altman Weil notes that it is "now typical for a law firm partner to work a total of 2,400 hours (billable and non-billable) annually."

Interestingly, average annual billables for associates increased only 3.8% during the same period, from 1,798 in 1984 to 1,867 in 2001.

Krufka's conclusion is sobering: "What does this mean? It is no longer the case that associates 'pay their dues' with hard work to be rewarded with an invitation to partnership. To the contrary, law firm partners work harder and have more responsibility than ever before, and there is nothing to indicate that will change any time soon."

More evidence of a system out of balance.

Posted by dmk at 10:30 AM

March 06, 2003

The World Goes Better with a Completely New Channel for Marketing?

I have an upcoming presentation on the role technology can play in inside counsel / outside counsel partnering and the talk was given the unwieldy title of "A Technology Manifesto." So, I've been researching different historical manifestos.

I ran across a recent speech by Coca-Cola Co. chief Steve Heyer that falls into the category of manifesto and is one of the more thought-provoking discussions I've seen this year.

Heyer essentially argues that the traditional marketing medium can be inverted so that content deliverers and others can take advantage of the Coke delivery system. Far too simplistically, imagine that a TV show buys space on Coke cans rather than Coke buying ad time on the TV show.

Unlike many others, I think that the word "paradigm" can be useful and this approach seems to be one that suggests a paradigm change. Worth the time to read and think about.

Posted by dmk at 01:45 PM

March 05, 2003

North by Northwest

On far too many nights the Cable disappoints. But, tonight, the grand exception -
North by Northwest with no commercial interruptions. This movie has been described as "a strong candidate for the most sheerly entertaining and enjoyable movie ever made by a Hollywood studio." I could not agree more. I found myself thinking "great scene" "great line" "great shot" time after time. And, of course, the movie ends with the greatest jump cut ever. The legendary crop-duster-in-the-cornfield scene even works well despite the fact that Cary Grant is not blogging the scene by wireless. Total fun - I'm even thinking about getting the limited edition DVD.

The movie has become even more fun because it now has a personal, emotional resonance. My friend Jim McKelly has filmed and produced a documentary about Mount Rushmore. During the filming, he was allowed to go up on the heads (where Hitchcock was not permitted to go). One time when Jim and I were swapping fear of heights stories, he told me his story of climbing to the top, with a heavy awkward pack, up a hidden set of "stairs," which consisted of little more than metal pegs driven into the rock and a rickety metal hand rail.

Now, I can't watch the great Mt. Rushmore scenes in North by Northwest without thinking about Jim reaching a point where he decided that he felt better making the climb with his eyes closed rather than open. I have to believe that scrambling over the replica of the monument on a sound stage would have been much easier.

Posted by dmk at 10:37 PM

March 03, 2003

Word Bursts and Pattern Recognition

For a while now, one of my favorite Internet "tools" has been Yahoo's Buzz Index. The Buzz Index is a listing of the biggest movers and the top searches in Yahoo in a number of categories. You can put it right on your My Yahoo page. I like to watch the way that certain TV shows spike up the ratings and you can see the long term popularity of some things (Lord of the Rings, for example). Just checking out the patterns of popular culture.

Now, through DayPop, you can check out a daily tracking of key words most commonly used by bloggers and see what people seem to be talking about most commonly. Again, patterns of culture. New Scientist magazine also has an article on "word bursts". The excellent bIPlog also mentioned the topic recently. Notice a pattern.

Aggregating news feeds on similar topics will also tend to show you some patterns, although you have to be careful because you start to think that everyone you know is talking about digital rights management or some other esoteric topic.

It's the skill of pattern recognition that will become key in our information world. Watch for new tools (3-D visualization of data) that will help us make sense of what is coming to us. I can't wait, because it's hard to see what's going on now. Which reminds me, I've got to get around to read William Gibson's new book titled interestingly enough, Pattern Recognition.

Posted by dmk at 10:53 PM

Recording Live Lectures Digitally

I want to record some of my presentations live in a digital format (presumably MP3) to edit and turn into samples on my web site and potentially cassettes and CDs of the talk for sale. I don't want to record directly to the notebook computer I'm using (that seems to be a high risk move while presenting). I've tried to research some options but have found little that I would consider definitive. At this point, I'm leaning toward the Pogo RipFlash line of MP3 recorders with a high-quality preamped microphone, preferably of the lapel type.

If anyone actually does make recordings of their own speeches for product development or other use, I'd love to hear about your experience and your recommendations. Email me at dmk@denniskennedy.com. I'll post whatever helpful information I learn on this blog.

Posted by dmk at 10:50 PM

The Demise of Red Herring

I was just thinking this weekend about how much I like reading Red Herring magazine, but that I noticed that it was getting thinner and had fewer ad pages, always a bad sign. I was hoping that the fact that I liked a magazine would not turn out to be the kiss of death, like it seems to be for TV shows I like. Unfortunately, it was.

I got a lot of great information and ideas from that magazine (not counting the tech stocks that took horrifying plunges after I bought them based on Red Herring articles, or, worse yet, the recommendations of the Red Herring stock portfolio column - but, hey, those stock stories will make for good nostalgia in the years to come, right?). The industry briefings were always great sources on particular industries or areas of technology.

After my initial disbelief, I marched right over to Tony Perkins' new web venture, AlwaysOn and signed right up. I'm very interested to see what comes next.

Posted by dmk at 10:43 PM

February 27, 2003

An Information Explosion Contained All on One Page

This post from The Shifted Librarian blog captures precisely the essence of what I feel is the true potential of RSS feeds and news aggregators. I'm not sure that it can be said any better than: "Yes, it's an information explosion contained all on one page and you don't have to do the work! . . . It won't be a "technology" - it will just be useful." Awesome.

Posted by dmk at 11:26 AM

February 26, 2003

Doing Technology So People Matter

There was a fascinating story on CNN.com about a project to bring wireless web access to a low income housing development, using the wireless "cloud" to span the digital divide. The article is intriguing not for just the story it tells, but for its implications in a number of settings, including rural ones. Read this story along with a companion piece on a cybercafe planned for Mount Everest and I defy you not to have new ideas on what we can do with the Internet.

Posted by dmk at 07:46 PM

February 20, 2003

PlantingbytheMoon.com

Spring can never come too soon for gardeners. My brother Bruce is a certified Master Gardener and inherited my grandmother's green thumb. He's a wiz with plants. Unfortunately, he's also disabled. I've talked him into sharing his gardening wisdom and his interest in lunar and astrological gardening in a brand new web site called PlantingbytheMoon.com.

Check it out, especially if you are a gardener. I've had bad luck with our garden the past few years and am definitely going to give these techniques a try.

Posted by dmk at 10:03 PM

February 19, 2003

On the CD Player - Bright Eyes

My friend Jim McKelly was imploring me a while back to take a listen to a fairly new band he had discovered called Bright Eyes. Since, as he reminded me, he rarely insists that I go out and buy something he recommends, I ordered up two CDs, "Fever and Mirrors" and "Lifted, Or the Story is in the Soil." I've spent more time with "Lifted," which is how I feel when I listen to it. Lots of talent, brilliant lyrics and lots of them, and reminders of Lou Reed, Neil Young, the early Bruce Sprinsteen (think of the second album). Definitely worth checking out.

Posted by dmk at 04:23 PM

February 17, 2003

The Magic in Giving

I spent the weekend seeing three performances of a play my fourth grade daughter was in at The College School. The play was called "The Magic in Giving" and was based a parable-like children's book by Jeff Brumbeau calledThe Quiltmaker's Gift. If you are not familiar with the book, it's one that you'll definitely want to put on the list to read to your kids. My obvious biases aside, I can't remember when I've had a more fun and thoughtful time at the theater. It's always good to consider the value we place on our own giving, something I struggle with every time someone tells me that I give way too much information and content away. There's ultimately a place for capitalizing on our intellectual property, but, for me, there's always been a magic in giving away useful information to help others.

Posted by dmk at 07:59 PM

Happy Birthday Dennis

Today is my birthday. The blog is really my birthday present to myself. The start of a trend in gift giving?

Posted by dmk at 07:54 PM

February 16, 2003

Drafting in Public

I learned a funny thing today about the blogging world. I started my blog yesterday with the equivalent of a "test" message and noticed that today already at least 3 other blogs had mentioned that my blog had reappeared.

It's time to read the manual and figure out how to do a few things. A little bit of learning in public. I'm glad, though, if I can help people learn from my errors. I have to admit that there were times when I thought of naming this blog "All Typos Intended."

Posted by dmk at 07:09 PM