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Long-tailing the legal service: The Googlawfirm

Sunday, October 15, 2006

Hit-driven economics is a creation of an age without enough room to carry everything for everybody. Not enough shelf space for all the CDs, DVDs, and games produced. Not enough screens to show all the available movies. Not enough channels to broadcast all the TV programs, not enough radio waves to play all the music created, and not enough hours in the day to squeeze everything out through either of those sets of slots. This is the world of scarcity. Now, with online distribution and retail, we are entering a world of abundance. And the differences are profound.

Being an underdog? Worry not, the internet gives you hope. Welcome to the economy of abundance, where there is a demand for everything, everyone.

I am sure that most of you have heard about Anderson's Book, The Long Tail. But if you haven't heard it, here's a short description from wikipedia:
"....products that are in low demand or have low sales volume can collectively make up a market share that rivals or exceeds the relatively few current bestsellers and blockbusters, if the store or distribution channel is large enough..... Where inventory storage and distribution costs are insignificant, it becomes economically viable to sell relatively unpopular products; however when storage and distribution costs are high, only the most popular products can be sold".


If you look at the wikipedia's graph above, the long tail is the yellow part. Let's assume that this is a music or film industry. The red part is the Hit, bestseller singers like, say Robbie Williams, or blockbuster movies like say, Saving Private Ryan. The yellow part is for the less known singers, street musicians, amateurs, Cafe Singers, or independent movies, etc. Now, the bottomline here is, there is always a market for everyone. The traditional 80-20 power law, where 80 per cent of the market is controlled by 20 percent producers could no longer be applicable.

What makes long tail possible? First, The Internet. Second, human's psychology. Hey, everyone's unique. I like documentaries, you like war movies and the other loves drama. There's no accounting for some people's taste.

Recently, there is an article in Law.com on how the future legal service will respond to this long-tail phenomena. The article asked several important questions. Here, I'll try to suggest some possible answers:

Q: Lawyers mostly create new legal work at high cost for one client at a time. Aren't lawyers at increasing risk of competition from Internet-based models of legal service and information?

A: Yes, as they are doing this virtual online legal service thing

Q: And are they even at risk of having to compete with their own past work, much of which is now available on the Web in official and unofficial repositories?

A: As far as I know, some companies' legal departments are now looking for answers to their problems in Blawgs. It is more efficent, and cheap.

Q: What indeed will the long tail of lawyering look like? Will the power law effect that the "rich get richer" on the Internet, exacerbate existing inequality in the legal profession?


A: Could be in terms of internet companies, No for lawfirms. Traditional lawfirms are, I think, is being jeoperdized by the Internet. They still survive as they relied on (1) Trust, (2) Jurisdictional Protection (through bar exams), (3) Local Networking. Lawyering is a service business and "Trust" is the best marketing tool. This is what differs lawyering from selling books at Amazon. But, it may not last long.

Q: Will local and traditional CLE organizations be supplanted by national Internet-based CLE organizations and CLE content aggregators? If so, will speaking and reputation-building activities be drastically reduced for lawyers whose volunteer efforts have made CLE work until now?


Lawyers will speak through blawgs, I think.Q: If Internet-based services can assist clients in locating just the right lawyer, and if lawyers across firms can work together collaboratively on project teams, exactly what is the role of the law firm going forward?

A: If the legal service can be completely unbundled, then there is no need for a lawfirm. But it may take time to get there. Only until lawyers can practice in different jurisdictions, maybe. Confidentiality could also be an issue if we can work cross-lawfirm, I guess.

Q: In an era of information abundance, much of it highly pertinent to law practice, does one risk liability by not taking full advantage of it? How do rules of ethics and liability need to change to acknowledge the fact that lawyers cannot know everything, even with a good portion of the world's information literally at one's fingertips? Will tenacious clients be able to find out more about their legal problems than their own lawyers have gotten round to discovering?

A: When I talk to computer programmers, they know more about creative commons licensing than any corporate lawyers I've ever met. Creative Commons is the "living law" of intellectual property licensing, but there are some lawyers who never even heard about it.

Consider the role of tax consultants and investment consultants, they are taking the role of lawyers. Also, internet users are becoming more advanced and they have a very good personal knowledge management skill. Lawyers know better on how to wrap their arguments, they know the theories better. But, practice may not always require theories. Take for example free boilerplates provision available on the internet. Programmers just put it in their programs and launch them. But of course, there are cases when they still need alegal advice from a lawyer.

I think giant internet companies will eventually replaces lawfirms. I think both Google and Yahoo has the power to do it. Take for example, Ask Yahoo and Google Scholars. They can make a good future consultation service. All they need to do is to agregate! Google can agregate legal knowledge from various continents in their website and provide a legal service across all jurisdictions. This will certainly kill all giant lawfirms but it will help lots of lawyers to spend more time with their family :)


Email me in movanet@yahoo.com if you are interested in the concept

Categorizing Nanotech's Risks

Tuesday, October 10, 2006

A news in the CM-Life said:

Nanotechnology is a field of applied science focused on the design, synthesis, characterization and application of materials and devices on the nanoscale.The potential risks of nanotechnology can be broadly categorized into three areas: the risk to health and environment, the risk posed by molecular manufacturing and societal risks.

I think, when we talk about nanotech, we need to clearly distinguish between "existing" nanotechnology and molecular manufacturing. The former's risk are "current", the latter's are "future".

Risks raised by existing nanotechnology can be solved through institutional approaches, analogical interpretation of statues, enactment of new regulations, oversight empowerment and so on. The only barrier in creating the regulation for existing Nanotechnologies is -- so far -- unavailability of database and unclear research results on nanotoxicology.

Molecular Manufacturing risks are a different thing. It cannot be adressed through existing institutional approaches as it will render the current legal paradigms obsolete. Molecular Manufacturing will have its own environmental, health and societal risks.

FDA's product-focused regulation: the weak spots

Saturday, October 7, 2006

Want to know if your nanotech-sunscreen creams should undergo an FDA review before they are cleared to enter the market? It is likely that the answer is negative. Cosmetic ingredients reviews are voluntary and is conducted by a non government -- but independent-- party.

Michael R. Taylor analyzes FDA’s ability in regulating the potential hazards associated with nanotechnology in a new report, Regulating the Products of Nanotechnology: Does FDA Have the Tools It Needs? The paper contained proposed nanolabelling of products containing nanomaterials. It also explained the pre and post marketing oversight phases and its effectiveness. The main issue presented on his paper is FDA's institutional capability-- in accordance with its jurisdiction -- in monitoring and regulating Nano products.

The categorization of products are as follows: (i) cosmetic ingridients, whole food, dietary supplement, GRAS food ingredient, food additive, food packaging, medical device, OTC drug and new drugs. FDA's jurisdcition is rated using gradient: none, weak, moderate and strong. None indicates that it has no jurisdiction and weak indicates that the process is voluntary.

Taylor founds that there are weak spots in which the FDA has no jurisdiction to inspect some of the products such as in whole foods (vegetables, fruits, etc, as opposed to its additional "ingridients"), dietary supplements and costmetics prior to its marketing. For whole foods, he admitted that the burden of proof rests on the producer and the FDA will only have a moderate authority to remove it from the market when something goes wrong. This is of course due to the natural production type of foods, where no pipeline investigation is possible (as they comes from soil). Nevertheless, FDA has the authority to inspect their warehouse. It is not clear how nanotech will be linked to whole foods production. Use of fertilizer will be EPA's authority and not FDA's. Howbout nano-engineered GMO food? That one we still don't know.

Keep in mind that the analysis used an institutional approach. There might be some parameters that he misses but as an overall, it provides a good, quick and simple overview in elaborating FDA's institutional capability in regulating the existing nano products.

Well, click here for the full report. Its an ought-to-know for nano lawyers and nano-manufacturers!





What does it take to be a good legal scholar?

Friday, October 6, 2006

Said prof Solum in his blog, in order to be a good law scientist one must master:

1. Normative legal theory--every legal academic should be able to understand the structure and assumptions of normative legal arguments.

2. Law and economics--every legal academic should understand the basic concepts of contemporary law and economics (including basic microeconomics).

3. Empirical legal methods--every legal academic should be able to interpret an empirical study, grasp the meaning of measures of statistical significance, understand the limits of basic empirical methods such as survey research, and understand the basic statistical tools, such as multiple regression analysis.

4. Positive Political Theory & Attitudinalism--every legal academic should have a solid grounding in the quantitative & formal methods that political scientists use to study law.

5. Social Science & History--This is a residual category designed to capture the idea that there are important ideas from sociology, psychology, anthropology, and history with which legal academics need a basic familiarity.

If anyone can comprehend all of those concepts above, I am more than certain that the Law will never be left behind tech developments. I agree with Prof Solum that most legal education today are aimed to produce law clerks and not scholars.

He then continued:

That is, I am not arguing against specialization and for some extreme ideal of the law professor as omnicompetent generalist.

I think specialization is OK, they are inevitable but must be responded with alertness. Why? First, because I think good ideas comes from analogical thinking. Great economic theories comes from biology and physics. Second, hyper specialization is dangerous for legal development. One of the reason why IP law is dull is because the lawyers are dull too. When it comes to the reasonableness of IP regime, I'd appreciate a computer programmer's opinion rather than a lawyer. Lawyers only cite statutes and that's it. Third, let's not forget the trend toward defragmentation of sciences! People do chemistry, biology and physics and all of its branches but when molecular nanotechnology is born, lots of fields may be reduced only to physics and computation!

What I do believe is that every law professor needs core competences in each of these areas. That is, we should not be producing legal academics who have never heard of the Coase theorem, never read H.L.A. Hart, have no idea what a standard deviation is or what a measure of statistical significance is, have no clue what the phrase "positive political theory means," have never read any legal history, don't know what the word "deontology" means, haven't a clue what the debate over "functionalist explanation in the social sciences" was about.

Hmm, I'd really agree to that. I even think that a judge should be able to decide things based on ethical principle, deontology, or towards any theory he is inclined to, so long as it is wrapped in the language of the law.

Another proposal for definition

Click here to add our list of nanotech definitions. Which one suits you the most?

(via CRN Blog via Nanodot)

Which nations googled Nanotechnology?

Saturday, September 30, 2006

Yesterday, I wrote that India might have a good chance on Nanotech industry, because they are focusing in building their knowledge product. Just recently, I used Google Trends in order to find out which region searched "nanotechnology" at most. And this is the top 10 regions, who queried "nanotechnology" in Google:


Top cities (normalized)
1. Hyderabad, India

2. Chennai, India

3. New Delhi, India

4. Delhi, India

5. Tehran, Iran

6. Mumbai, India

7. Bangalore, India

8. Singapore, Singapore

9. Kuala Lumpur, Malaysia

10. Washington, DC, USA


As you can see in the graph above, the top 7 nanotehnology query comes from India. I guess, Indians must be very curious bout Nanotech ;)

Eye on China, or India?

Friday, September 29, 2006

Harris and Dickinson wrote on their China Law Blog:

Couple recent articles in the Wall Street Journal and Forbes Magazine (h/t to Nanodot and Nanotechbuzz) on how China is making gains in nanotechnology highlight how China is both making efforts to move beyond manufacturing and is succeeding in doing so. The Wall Street Journal article, written by Andrew Batson, and entitled, "China's Nanotechnology Gains Have U.S. Looking Over Its Shoulder," explains the significance of nanotechnology

I wonder which part of nanotech China is concentrating on. If China is aligning their massive industry with (massive) production of nanomaterials, then they'll have to prepare for the environmental and health consequences. That also means, they should create better regulations. I'd consider India to be more prospective in nanotech industry because their main core is knowledge product (e.g. software). Knowledge industry does not result in pollution, requires less energy and consumes less natural resources.
I think a nation's Nanotech policy should also consider emerging trends in automation, visualisation and computational technologies, as these things means less worker and more tiny products. In this case, India could have a better chance.