We are experiencing difficulty with Slaw’s comment database. Until it’s repaired you will not be able to see any comments and I would advise against making any comments.

Then main database of posts doesn’t seem to be affected. . . . [more]

Last year I remember Slaw-ers having a discussion about email and technology avoidance whilst on vacation. Well I’ve succeeded in the avoidance category quite well this summer. But lest anyone think I’ve gone away, I did notice this story and thought some might find it interesting. I’ve wondered how You Tube gets around that whole copyright snaggle and this story goes some way to answering the question.

YouTube Preps Video Fingerprinting . . . [more]

In reading what now passes for a headnote in most of the cases reported by Carswell, I came across the phrase, “efforts and exhortions”. See Dumbrell v. Regional Group of Companies Inc. (2007), 25 B.L.R. (4th) 171. I had originally thought that I might post this neologism—if that’s what such a collection of letters can be called—and invite members of Slaw to add any others they might come across from any legal source.

On a whim, I did a search in CanLII for “exhortions” and, to my surprise, discovered that there were over 400 cases where this word appeared . . . [more]

Linex Legal, a service based in the United Kingdom, is offering access to newsletter material produced by big law firms and organizations in jurisdictions such as Australia, Canada, France, the United States, the UK and others.

I registered for free and signed up for e-mail newsletters containing material from Canadian, UK, US and Australian law firms and organizations. It is also possible to sign up for RSS feeds.

Among the Canadian law firms whose newsletters are available are: Torys, Stikeman Elliott, McCarthy Tétrault, Gowling Lafleur Henderson, Goodmans, Davies Ward Phillips & Vineberg, Blake, Cassels & Graydon, Smart & Biggar/Fetherstonhaugh, . . . [more]

Here’s a novel way of tackling the email problem. Carolin Horn, as part of her MFA work, created a way to view your inbox as though each email was a microbe belonging to one of six families (family and friends, school, job, e-commerce, unclassified, and spam). These critters change their nature depending on their status: unread “anymails” are hairier and more vigourous, as you might suppose. There are a couple of movies that show the wigglers in action here and here.

This wouldn’t be a workable way to manage the e-flood, but it sure would be fun if one . . . [more]

Xerox has come out with a somewhat “greener” paper for your not-yet-paperless-and-probably-never-will-be office. According to the press release, the High Yield Business Paper uses fully 90% of the paper-making tree, as opposed to the typical 45%, and requires less water and fewer chemicals than otherwise. The paper is bright, has good weight and is optimized for digital printing, the only drawback being its unsuitability for long-term archival purposes.

[via ZDNet Between the Lines] . . . [more]

…I still believe that lawyers in general, and litigators in particular, are yet to confront the realistic limits of [the] competitive environment. And in this regard there is no more vicious culprit than the practice of basing our fees solely on the time spent on a matter.

Dollars times hours sounds like a formula for fairness. What could be more equitable than basing a fee on how long and hard a litigator worked to resolve a matter? But as a system, it’s a prison. When you are selling your time, there are only three ways to make more money—higher rates,

Walt Crawford, an engaging and controversial voice in the library world, has just released an article characterizing blogs and other forms of grey literature as “the most compelling and worthwhile literature in the library field today.” Are blog entries and other kinds of ‘informal literature’ making inroads into academic evaluation, due to their currency and relevance? There are calls for such a change at the Carnegie Foundation, and more particularly at the NCSUE. In Canada the problem has been recognised, and recently a major step forward was taken. . . . [more]

I’m in England and was only just notified that the Oxford Law Faculty has for the first time in its history appointed a Dean.
And it’s a Canadian Rhodes Scholar, who studied and practiced law in Toronto – Tim Endicott . . . [more]

This is Week Two for our firm’s 2007-8 Articling Students. Week One consisted of full-time training and orientation sessions. Week Two consists of part-time training and orientation, together with “free time” to take on lawyer assignments. My role was to deliver a one and a half hour session on law firm knowledge management/how to use precedents.

As usual, I find myself wondering if there is a better way to deliver so much content in such a short time. A few weeks ago, a speaker at a program on Office 2007 (not a program one can expect to see in large . . . [more]

The U.S. 9th Circuit Court of Appeals “consider[s] whether a service provider may change the terms of its service contract by merely posting a revised contract on its website” and decides it cannot. In Douglas v. Talk America Inc [PDF] the facts were that Douglas had been a customer of AOL, Talk America’s predecessor, from whom he purchased telephone services. When Talk America bought AOL it changed the terms of service in various ways including the addition of more charges, which changes it posted on its website. Douglas was unaware of the changes, and when, after four years of using . . . [more]

I came across “gank” in a BoingBoing post today, hadn’t seen the word before, and thought you might like to add it to your online vocabulary: it means, essentially, to steal, with connotations of ripping off, and is probably a portmanteau word marrying “grab” and “yank.” (You can find online definitions here, here and here.)

You use it thus: “I ganked the idea from a BoingBoing post.” . . . [more]