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Archive for ‘Administration of Slaw’

Should People Commenting on an Election Have to Use Their Real Names?

The government of South Australia has recently adopted a law that requires people commenting on the forthcoming state election to use their real names, and media will have to retain the names and addresses for six months. The requirement appears to apply to bloggers and comments on blogs etc.

Unsurprisingly, not everyone likes this.

Is it fair to say that requiring people to give their real names is a “gag” on debate?

Would the Canadian Charter of Rights and Freedoms prevent such a law in this country? In other words, does the freedom of expression protect anonymous speech? . . . [more]

Posted in: Administration of Slaw, Substantive Law, ulc_ecomm_list

Uk Internet Registrars Get Authority to Block Sites for Alleged Criminal Activity

According to a piece on Out-Law.Com, Nominet, the UK domain administrator, is allowing domain registrars for domains to shut down web sites if there are credible allegations of criminal activity on those sites.

This is not supposed to happen with allegations of civil wrongs, such as copyright infringement (though if infringement is an offence under the Copyright Act, does that count as criminal?).

Registrars are cautioned not to lock someone out of their domain on the allegation of a commercial or personal rival . . .

Apparently this policy has been developed in association with the police. . . . [more]

Posted in: Administration of Slaw, Substantive Law, ulc_ecomm_list

Embrace New Ideas

♫ I’ve got a wealth of new ideas
I’ve got so many new ideas
I’ve got so many new ideas
I’ve got so many new ideas
(Show me, show me, show me all your new ideas)…♫

Lyrics, music and recorded by The Dykeenies.

In Nicole Garton-Jones’ post on “A Different Way to Look at Law Firm Strategy” we delved into the issue of trying to promote innovation within a law firm.

I was pleasantly surprised to receive the Ohio State University Leadership Center’s latest Leadership Newsletter by Beth Flynn, M.S. on this very issue. I sought and . . . [more]

Posted in: Firm Guest Blogger, Practice of Law, Practice of Law: Practice Management

A Right to Forget – Online

There is lots of advice around, addressed to the young and innocent but probably applicable to the old and jaded as well, to be cautious about what one puts online about oneself, since it could be there for a long time and influence people whose interest you have not yet thought about — future employers and mates being two of the main classes.

The French are now pondering a legal ‘right to forget’ (un droit à l’oubli) — or at least a right of a person to get old information about him/herself taken down. The BBC has the . . . [more]

Posted in: Administration of Slaw, Legal Information, Technology, ulc_ecomm_list

Slaw Wins Clawbie

With less than half a day to go till January 1, I’ve learned that Slaw has won the 2009 Clawbie for best law blog. This is indeed a fitting end to the year for all of us who contribute to Slaw — and considerable motivation to keep up the good work in the new year.

I’m particularly happy that we’re one of a growing number of Canadian law blogs, and I look forward to the stimulation of stiff competition next year from everyone nominated. . . . [more]

Posted in: Administration of Slaw

Slaw Wins Blawggie – Again

I’m more than proud to be able to say that Dennis Kennedy, that powerhouse of American law blogging, has awarded the 2009 Blawggie for Best Overall Law-Related Blog to Slaw. This is the second year in a row we’ve been favoured with the award — and we’re chuffed, to say the least.

Kennedy sets out the criteria by which he measures the blawgs he reads on a regular basis: They should offer “(1) consistently useful content, (2) a generous and helpful approach, and (3) a combination of commitment and talent, with an emphasis on good writing.”

Of Slaw, he says: . . . [more]

Posted in: Administration of Slaw

Is a Printed Document Defective in Law?

Dominic Jaar has an interesting article in the droit-inc blog (en français) suggesting that a printed document may have less legal impact than the electronic original, because the printout does not reproduce all the information in the original, notably not the metadata. And these days, pretty well all documents start in electronic form, in a word processing program of some sort. Who has a typewriter any more?

This is a particular issue in Quebec because of the terms of the Act to provide a legal framework for information technologies — Loi concernant le cadre juridique des technologies de l’information, . . . [more]

Posted in: Administration of Slaw, Legal Information: Information Management, Substantive Law, ulc_ecomm_list

Law Enforcement Access to Geolocation Information From Telephone Companies

Here’s a recent statistic from an American study:

“Sprint Nextel provided law enforcement agencies with its customers’ (GPS) location information over 8 million times between September 2008 and October 2009. This massive disclosure of sensitive customer information was made possible due to the roll-out by Sprint of a new, special web portal for law enforcement officers.”

More on the blog of a PhD candidate in informatics, Slight Paranoia.

We have had some debate in Canada about law enforcement’s right to collect from ISPs (without a warrant) the name and address of people behind IP addresses. Cases have gone both . . . [more]

Posted in: Administration of Slaw, Substantive Law, Technology, ulc_ecomm_list

A Milestone

Slaw reaches 5000 posts. For a law blog that’s awesome, and for a Canadian legal information blog, unthinkable.

And we have been told just this week that we’ve been recognized by the Law Foundation of Ontario and will be receiving a grant which will permit us to take Slaw to even greater heights. Thank you Law Foundation.

Over the next few months we’ll unveil our plans and respond to unmet needs, through Slaw.

As many of you know Slaw is deliberately unhierarchical in its structure and operations. Steve Matthews, Connie Crosby and I form three parts of our loose four-person . . . [more]

Posted in: Administration of Slaw

The Obstructionist Self-Represented Accused: the Challenge of Control

Of the many challenges facing trial judges, one of the greatest is conducting proceedings with a self-represented accused. Invariably the self-represented accused comes to court with only a rudimentary knowledge of the trial process, often influenced by misleading depictions from television shows and the movies. He or she is unfamiliar with the substantive law, is confused by procedural requirements, and has difficulty grasping concepts such as relevance.

The burgeoning number of self-represented accused in the criminal courts may be explained by cut-backs to legal aid funding across the country, the cost of legal services, mental health problems that make it . . . [more]

Posted in: Firm Guest Blogger, Legal Information, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

Lawyers, Courts, and Technology

Many lawyers assume that the Court process is unable or unwilling to take advantage of available electronic technology. Sometimes they are correct.

The problem is often one of communication. In many Ontario centres the lawyers are unaware until the last moment of who will be presiding over their case; and most often judges are unaware of the cases they will be asigned until the day before the hearing or trial. Many judges (myself included) will ask during a pre-trial or management session just what preparation has been made by the parties to reduce the use of paper. Too often that . . . [more]

Posted in: Firm Guest Blogger, Practice of Law, Substantive Law, Technology