About
The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


« MILLER BREW | Main | SAD NEWS »

CLUELESS

Clueless David Giacalone at f/k/a sounds a Paul Revere alert about a recent bonehead decision by the Kentucky Attorney's Advertising Commission that demonstrates that the group is clueless about blogs.

Check out David's full post here.

Here's an excerpt:

Kentucky says every blawg post is an ad

Cowgill Ben Cowgill is fighting for the life of his Legal Ethics Blog and for the future
of lawyer weblogs in the State of Kentucky.  As insane as it may sound to the rest of the legal community -- and especially to webloggers -- the Kentucky Attorney's Advertising Commission has taken the position that a weblog is an advertisement. That's particularly deadly to the existence of a weblog, because Rule 7.05 (b) of the KY lawyers' code requires a "A filing fee of $50.00 for each advertisement" and for every change in the advertisement. [A pretty good excuse for turning off the Comments section!] At the core of this problem is Rule 7.02 of the Kentucky Code which says:
7.02 "advertise or "advertisement" means to furnish any written,
printed or broadcast information or any other communication
containing an attorney's name or other identifying information,
except [for instances not relevant to weblogs].

Update: here are few more links to bloggers who are writing about this: Diane Levin's Online Guide to Mediation here.  On Firm Ground here. Evan Schaeffer's Legal Underground here.

June 7, 2005 | Permalink

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Listed below are links to weblogs that reference CLUELESS:

» http://www.legalunderground.com/2005/06/ky_lawyers_welc.html from Evan Schaeffer's Legal Underground
KY LAWYERS WELCOME HERE . . . Kentucky lawyer Ben Cowgill of the Legal Ethics Blog is having some ethics problems of his own, as reported by David Giacalone, Eugene Volokh, and Cowgill himself. According to the Kentucky Attorneys' Advertising [Read More]

Tracked on Jun 8, 2005 12:14:38 AM

» we are blawggers -- hear us roar from f/k/a
Thirteen hours ago, just after 10 PM last night, I emailed a bunch of weblawggers to alert then to Ben Cowgill's tussle with the Kentucky Attorney's Advertising Commission [Read More]

Tracked on Jun 8, 2005 12:00:03 PM

» Will Kentucky's advertising rules keep Kentucky attorneys from blogging? from Inside Opinions: Legal Blogs
That's the burning question in the b-law-gosphere this morning, now that Ben Cowgill has reappeared to post on his Legal Ethics Blog. Cowgill explains the problem in a post entitled, [Read More]

Tracked on Jun 8, 2005 3:30:55 PM

» Kentucky Lawyers Also Welcome Here from On Firm Ground
I would also like to offer my blog to any Kentucky lawyers who wish to continue blogging until this issue is resolved. [Read More]

Tracked on Jun 8, 2005 4:00:10 PM

Comments

hope more lawyers will see this one....i guess it will help.

Posted by: littlemoney | Apr 3, 2007 8:20:58 AM

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