Thursday, April 12, 2007

A Legal Web Blog That Got Noticed


Law.com informs us,
Ford & Harrison, a national labor and employment law firm, was interested in a creative way to communicate with current and prospective clients about the difficult and complex legal issues facing employers in today's workplace. The firm has always been aggressive when it comes to marketing, and is constantly looking for ways to stand out. Launching a blog seemed to be one way, but without a clever idea to break through the clutter, blogging seemed to present too many significant challenges.

* * *

The firm considered these challenges and decided it would move forward with a blog only if they were overcome. The first, and most important, step was to develop a focus unique to the HR sector, one that hopefully would enable the blog to generate a following. With this and Ford & Harrison's other concerns in mind, the idea to use NBC's hit comedy "The Office" as a backdrop seemed like the perfect fit.
The blog itself can be found here. So, what's not perfect about a blog which develops a decent readership, gets media attention, and covers human resources issues in an amusing manner? Probably nothing if you're the author of the blog, Julie Elgar. But from a law firm online marketing standpoint, there are some aspects which coud be improved.

First, the blog is dependent upon a TV show, and moreso upon new episodes of a TV show. This shows in the blog's popularity, as measured by Alexa, which appears to show a big influx of traffic corresponding with the media attention the blog received, and subsequent smaller peaks of traffic corresponding with new episodes of the show. That raises the question, are people visiting the blog to learn about human resources law, or to see the latest amusing legal take on the show's antics?

Also, given that this blog is more popular than the law firm's website itself, why was the firm apparently advised to create the blog on a separate URL rather than integrating it into their firm website?

Had I been advising the firm I would have had them include this as what would essentially be a "channel" of their HR law weblog(s), as presented on their website. People could read or subscribe via RSS to the blog as a whole, or to particular channels or subjects based on their interest. Those who wanted to read only the HR Hero blog could do so through a specific URL (perhaps a subdomain - hrhero.example.com) which could look like the standalone site - one of the joys of database-driven websites is that you can easily present the same content in more than one manner. But I would design the blog such that readers would be encouraged to visit the firm's other blog content, to sign up for email newsletters, or to otherwise interact with other firm content and website features.

In my conception, a significant goal of the blog would be to lead readers to subscribe to a greater RSS feed - the amusing "HR Hero" anecdotes plus other content, such as more traditional HR legal advice, articles or legal updates. And that should keep them involved with the firm's expertise and services even after the novelty wears off, or (as always eventually happens) the show which inspires the blog gets cancelled. (Does anybody remember the "Titanic Virtual Trial" site created by Anderson Kill, which capitalized on the popularity of the 1997 movie?) The HR Hero blog is great bait - both for getting new people to look at the firm's services an in terms of generating links - but without much additional work they could do a lot more to "set the hook and reel 'em in."

Wednesday, April 11, 2007

How Dare Mothers Work


When I first read about Monica Goodling's student essay about how poorly our society treats children, I thought it was an undergraduate essay which demonstrated decent writing skills. Giving her the benefit of the doubt, I thought that it might have been written as a persuasive paper as opposed to a balanced treatment of her subject matter. But even assuming it was meant to reflect the full scope of her research skills, it wouldn't be the first time an undergraduate fell into the trap of relying exclusively on sources that support his or her thesis, and believing that constitutes "research". Except, reading some more recent news coverage about Ms. Goodling's law school, I realized that I wasn't reading her undergraduate work. It was a paper she wrote while in law school.

This paper begs to be ridiculed.
For centuries it has been known that the greatest duty of being a parent is to raise the child. And yet, study after study shows that millions of America's children are neglected every day. The reason for this failure to act must be due to a change in parents' philosophies. It is there, in their innermost parts, that the devaluation of their children begins.

From the time that America was first founded until around the 1950s, our society has been described as a "collectivist" culture balanced with a "communitarian" individualism.

These terms simply mean that while parents were individualistic in spirit, their own self-fulfillment and desires were secondary to the welfare of their social organizations and institutions. Hence, "doing one's duty" within a family was elevated above personal goals and independence.
She is seriously arguing that the modern concept of childhood existed from the dawn of American culture, and only started to fade away in the 1950's. Sure. The children who labored six or seven days a week in factories or in farmers' fields had it great, and we should all be so lucky.
Being a child of a single parent means that, often, one is deprived of many things a child needs to flourish and grow into productive citizens: attention, proper medical care, love, intellectual stimulation, financial support, security, authoritative guidance, structures, and time. The maxim that "quantity" is not important as long as a parent supplies "quality time," has been described mockingly as a satisfying delusion. Another author wrote, "Deeply embedded in the disorder of our society and the growing gap between the haves and the have-nots is the most poignant have-not of all--a child without two parents."

However, if Dan Quayle really was correct, then why would so many women be willing to give birth to a child absent marriage? For many, babies are a ticket to independence, a ticket sponsored by public assistance programs. But the ultimate cost falls on the child itself.
What a school this must be where everybody automatically knows what Dan Quayle has asserted - yes, that's her first (and last) reference to him.

The "haves" versus "have-nots" observation is interesting, because throughout history that's probably the biggest predictor of how idyllic a childhood is apt to be. The wealthy have, on the whole, always provided a better childhood environment for their offspring. The poor, on the whole, do they best they can within their means. That has improved during the course of this century, where the children of the poor have access to public education and are restricted from working the types of jobs and hours of employment many of them would have historically suffered.

But wow... women choosing to have a child outside of marriage. Is Goodling presupposing that the fathers of their children are on bended knee, offering their hands in marriage, and these women are stubbornly refusing to consider that option? Does she think pregnant women are hot commodities on the singles scene, and that young men can't wait to meet and marry them? Because if she doesn't think either of those things, she is speaking of the exceptional case, not the norm. And then the question becomes, is she saying that single mothers shouldn't "choose life"?
In addition to the contributing factors of attitude changes, divorce, single parent homes, and fatherlessness, one other factor contributes to the devaluation of America's children. That is the increasing number of married women who leave the role of being a full-time mom in order to contribute to the Gross National Product. They toss their children into "child care," but often leave the job of mothering their child less than fully compensated. Like the children's game of hot potato, the child himself bounces from person to person, often undergoing development in the midst of casual acquaintances.
Ah yes, the much anticipated screed against daycare. And Goodling speaks to a mythic history in which mothers didn't have to work and were free to raise their own children. She has, in the space of a few words, erased a history of the wealthy relying upon nannies and tutors to provide child care, and of poor women leaving their children in ad hoc care settings such that they could work. And as one would expect, she places no responsibility for child care on the father.

Some of Monica's incredible ideas to resolve these problems:
  • Revising welfare to cut off additional aid for additional children seems an obvious economically valid goal, but it alone is not enough.
  • Sex education classes should be abstinence-based, and students should be taught how to resist sexual pressure.
  • [T]eenage mothers be required to live with their families or in a residential care group home, in order to receive welfare benefits.
  • Parents should be encouraged to give up an extra income, unless it is absolutely essential to support the family.
  • Christian education and development is thus crucial to all children, and should be supported by all parents.
I'll admit that the issue of benefits increases for welfare-dependent families which have more children is not simple. Having more children is likely to prolong the period that a family remains welfare-dependent, and nowhere else in society are you guaranteed more income if you have more children. But I am not convinced that the increased welfare benefit plays a significant role in whether or not welfare recipients have more children, and I am not convinced that plunging a poor family even deeper into poverty is the best approach to increased family size. After all, the quality of the children's lives is likely to be directly and materially affected by their family's finances. This idea, along with the idea of forcing teen mothers into group homes, seems most likely to increase business for Planned Parenthood clinics. Christian teachings and abstinence-only education as a cure for teen pregancy? Once again....

Perhaps it is a bit ridiculous to dissect a ten-year-old essay written by a law student. But unfortunately, I suspect that this type of shallow thinking and regurgitation of platitutes helped her get her job, and helped advance her position within the Bush Administration. And I doubt that there's anything in this paper that she would presently repudiate.

Tuesday, April 10, 2007

... And I Made My Own Lunches?


This sure beats PB&J (which may violate "no peanut rules these days, for all I know):
Mimi Ito's "bento blog" is a chronicle of the school lunchboxes that she prepares for her children. Before they are dispatched for the day, she snaps a picture on her camera-phone and posts it online, allowing hungry websurfers to gaze upon them with watering mouths. And wonder whether her children really do happily tuck into meals consisting of so many vegetables.
The photos are here.

"That's The Way They're Supposed To Look"


Seth Godin takes on an unethical florist. (Hyacinths are supposed to come with smashed and broken stems?)

I can see where the florist is coming from, though, when he argues that people who receive flowers don't send them. Most of the time when my wife and I have sent or received flowers, it's been an interstate or intercontinental order. The local florist who does a great job with the flowers we receive doesn't get my business when I'm sending flowers to my mother in Saskatchewan.

If you were to ask which Ann Arbor florist has provided the nicest arrangement we've received, it would be Objet D’ Art Inc., 734-913-0335. If you would ask which florist I now prefer to send flowers to my grandmother in Denver, it would be Yoshi Flowers. Give me the florist who is effusive about the lovely arrangement they will make, over the one who offers the latest standard bouquets as designed by a national corporation.

But odds are you won't ask, and you'll instead order a standard bouquet from flowers.com, Teleflora or FTD. It's easier to pick out one of their standard arrangments from their standard florist websites than it is to speak to somebody on the phone and trust them to create an arrangement that will suit the occasion - even though in my most recent "standard arrangement" orders the flowers as delivered have looked significantly different from what was pictured on the website. That's not a complaint about quality or appearance, and substitutions can be necessary due to the unavailability of specific fresh flowers, but it was a bit surprising when I received digital pictures from the recipients with their thank you emails.

It seems to me that the biggest source of referrals and return business for a florist is the sender. If you anticipate that the sender won't find out about your low quality, won't even remember who you were when they place their next order, or won't recommend your services, perhaps it seems reasonable to leave your company name off of the flowers you deliver and unload smashed hyacinth on your customers. (But let's hope the market catches up with them.)

Monday, April 9, 2007

Giving Credit Where Credit Is Due....


And I think it is due. This is the type of case which can easily be deemed to "small" for a Supreme Court's attention, yet the Michigan Supreme Court stepped in and did the right thing. You may recall my earlier rant about this case:
Many years ago I worked with a highly ethical manufactured home community, such that I was never asked to interpret the boundaries of this statute. But if asked, I would have indicated that to me the immunity extended only to damage incidental to the execution of a court's order. That is, nobody in his right mind would confuse an order of eviction with a court's grant of permission to trash a tenant's property, but if something were accidentally dropped, dinged, dented or damaged during the eviction process the landlord would be safe from a lawsuit. With a manufactured home, that would include damage incidental to the removal of the home from its foundation and utilities hookups, and which might occur during transport due to the contents being unsecured.

Boy, would my advice have been excessively cautious. You see, as it turns out (albeit by the terms of an unpublished and therefore non-precedentially binding decision) the landlord and his agents would enjoy absolute immunity for any damage they caused to the tenant's property, even if resulting in the total loss or destruction of the property.
On Friday, the Michigan Supreme Court held,
On order of the Court, the application for leave to appeal the June 13, 2006 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE that part of the judgment of the Court of Appeals that found the defendants immune from suit under MCL 600.2918(3) because "plaintiffs' allegations unquestionably directly arose as a result of the eviction performed by Hometown America and its agent." Slip op, p 5. The plain language of MCL 600.2918(3) provides immunity only for actions undertaken pursuant to an order of eviction. Accepting the plaintiffs' well-pleaded factual allegations as true, and construing them in a light most favorable to the plaintiffs, certain of the defendants' actions, including the conversion and destruction of plaintiffs' property in a manner that was neither necessary to effect the eviction nor incidental to the process of eviction, cannot be said as a matter of law to be within the scope of the July 7, 2004 order of eviction, and hence, may not have been undertaken pursuant to that order. Thus, the circuit court erred in granting summary disposition to the defendants under MCR 2.116(C)(7). We REMAND this case to the St. Clair Circuit Court for further proceedings not inconsistent with this order. The application for leave to appeal as cross-appellant is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
I remain wary of the Supreme Court's tendency to reverse cases without hearing, and certainly don't always agree that justice results. But they got this one right.

Thursday, April 5, 2007

Where Did Everybody Go?


Looking at traffic trends on legal websites, there's a relatively consistent downward pattern. Even dominant sites like findlaw.com, nolo.com and lawyers.com are taking a serious hit. So what gives?

In recent months Google has seemed much more likely to produce pages from the Wikipedia in response to legal searches. I suspect that Wikipedia's "authority" ranking is leaching away traffic from legal speciality sites.

This, to me, represents a danger of current search engine algorithms. I will grant that some of their articles are very helpful, and some are suprisingly thorough. But with so much "authority" vested by search engines in the Wikipedia, their mediocre content, "stub" pages, and erroneous content can easily outrank professionally drafted and edited content from true authority sites.
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