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Deja Vu All Over Again

If I were to start to discuss politicians and expense scandals your mind would likely turn to events in Ottawa; however, here in Nova Scotia, we have been there, done that and so have that T-Shirt. The popular topic earlier this week was whether or not the legislature was going to be recalled in order to expel a sitting MLA. In the end that did not happen, but if it had, it would not have been the first time in Nova Scotia.

Twenty-six years ago in 1986, An Act Respecting Reasonable Limits for Membership in the House of Assembly, . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

The Friday Fillip: Minuscule

Today’s the summer solstice. So what do you do when the sun just won’t quit shining? You go outside, of course. And what do you find outside in the summer? Bugs, that’s what, mini-critters that creep, crawl, buzz, bite, flit and fly. Now, few of us have the . . . wisdom? . . . to appreciate these minuscule machines in the flesh; but cartoon a hopper or a spinner, and we like them just fine.

Sometimes more than just fine. A French company, Futurikon, has for some time now been making charming stop-motion, short, animated films under the . . . [more]

Posted in: The Friday Fillip

Patent Trolls in Canada?

Recently, there has been a renewed discussion about Patent Assertion Entities, also known as non-practicing entitles (NPEs), or colloquially, patent trolls. In early June, President Obama announced new initiatives to combat what he called, Patent Assertion Entities, which “don’t actually produce anything themselves,” and instead develop a business model “to essentially leverage and hijack somebody else’s idea and see if they can extort some money out of them.”

The U.S. president made a number of recommendations to congress for legislative changes and announced executive actions to address these Patent Assertion Entities. The recommendations included legislative changes to permit judges to . . . [more]

Posted in: Intellectual Property

Roundup of Coverage on Library and Archives Canada Heritage Digitization Plan

Earlier this month, a controversy erupted over a proposed deal between Library and Archives Canada (LAC) and Canadiana.org, a not-for-profit partnership of major research libraries in Canada, to digitize the LAC’s vast collections of print and photographic material and make it available to the public via a new online portal.

The so-called Héritage Project, a 10-year initiative, involves the digitization of approximately 60 million pages of primary-source documents from the 1600s to the mid-1900s and will include making digital copies of such material as: immigration records, church records, land records, family histories and papers, voters’ lists; documents relating to . . . [more]

Posted in: Technology

Gunnercooke – a Truly Innovative UK Law Firm

There are many within the legal community who scoff at Twitter saying that “it’s as a useless piece of fluff”. However for those interested in learning about legal innovation and connecting with legal innovators around the globe, Twitter is indispensible. Everything that is happening globally in terms of legal transformation is shared on Twitter. Today I connected with another innovative law firm from the UK – gunnercooke.

Former general counsel Sarah Goulbourne got together over coffee with corporate lawyer Darryl Cooke in mid-2010 to chat about how a different legal model would have huge competitive advantage over existing . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Marketing, Practice of Law: Practice Management

Categories and Supreme Court Justices

With the retirement of Mr. Justice Morris Fish the government must again decide on the appointment of a member of the Supreme Court of Canada. There is the continuing issue of how best to manage the selection process. And as well there is, of course, the matter of the new judge’s characteristics — intelligence, discernment, experience, knowledge, compassion, and so forth. Then we come to the question of the externalities, so to speak — gender and race, prime among them.

Four of the five most recent appointments to the Supreme Court by the Conservative government have been men. Does . . . [more]

Posted in: Miscellaneous

Know Thyself

Your reputation is how other people see you. What we do frames that perception so we should act professionally and positively. At the end of the day, we can’t make people think well of us. The Web expands the areas in which we need to watch for how we appear to others. It’s important for lawyers to regularly look at how they appear to the world on the Web. Just because you aren’t on the Web or in social media, doesn’t mean information about you isn’t.

This is a technology column so I’m not talking about search engine optimization, social . . . [more]

Posted in: Legal Technology

Thursday Thinkpiece: Dodek on the Canadian Constitution

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

The Canadian Constitution
Adam Dodek
Toronto: Dundurn Press, 2013

Excerpt: pp. 11-12

I admit it. I love the Canadian Constitution. Sometimes I just don’t feel the love back. There was the time when I ordered the only existing Canadian Constitution book for my students and it got lost in transit (maybe it was . . . [more]

Posted in: Thursday Thinkpiece

Questioning the Wisdom of Willie Nelson

Willie Nellson is performing in Confederation Park on the summer solstice this Friday. In anticipation I’ve had my favourite Willie Nelson song stuck in my head all week: (yes this blog post is mostly an excuse to play this song).

A few years ago around the time of my call to the bar I sent my parents a video of myself doing a karaoke to this song. They were proud parents of a lawyer-to-be and thought they’d appreciate Willie’s advice to mothers that they should make their kids be “doctors and lawyers and such” (and more central to the song, . . . [more]

Posted in: Justice Issues, Practice of Law

DPLA and HathiTrust Launch Partnership

Yesterday the Digital Public Library of America launched a partnership with HathiTrust, marrying the preservation mission of one with the access strengths of the other. The partnership will have the DPLA—itself only a couple of months post-launch—employ HathiTrust’s metadata to improve discoverability of and access to that content in HathiTrust that is in the public domain or otherwise freely available. HathiTrust’s own discovery and access platform will continue to develop as well. As has been noted previously here and elsewhere, HathiTrust preserves a fair amount of content useful for legal research.

Details of the partnership are in yesterday’s . . . [more]

Posted in: Legal Information: Libraries & Research, Technology: Internet

Internships and Wages

A recent decision by a New York federal judge has raised a number of issues concerning unpaid internships. It was decided in this case that two interns working on the set of the film Black Swan should have been paid, given that the work they accomplished did not meet the six criteria used for determining that an internship may be unpaid, as published in a fact sheet by the U.S. Department of Labor (which are interestingly the same criteria published by the Ontario Ministry of Labour):

1. The internship, even though it includes actual operation of the facilities of the

. . . [more]
Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Anti-Spam Law – Update on Timing

On Monday I chaired a joint LSUC /IT-Can afternoon on IT privacy law. One of the panels was on the anti-spam act, including representatives from the CRTC and Industry Canada. While there is no clear implementation date yet, Industry Canada expects the final Industry Canada regulations will be out in late summer or early fall. When those come out, an implementation date will be announced. Industry Canada is recommending that there be an implementation delay of several months to allow business to comply, but that decision is ultimately in the government’s hands.

The legislation is very complex, with exceptions layered . . . [more]

Posted in: Substantive Law: Legislation

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada