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Archive for November, 2008

The LCO and Family (Pension) Law Reform

I want to do a little bragging today (on behalf of a number of people). Yesterday (November 24, 2008), the Attorney General introduced in the Legislature reforms to family law, including on division of pensions on marital breakdown. Now, this was a project the LCO undertook a year ago. . . . [more]

Posted in: Miscellaneous

Accommodating Mental Illness

The internal policy of the Canadian Human Rights Commission concerning the accommodation of mental illness has been published [PDF] by that organization as a model that may prove helpful in the development of such a policy by other organizations.

[via Thoughts from a Management Lawyer] . . . [more]

Posted in: Legal Information, Substantive Law

Moon Report on Internet Hate Speech and the Human Rights Commission

Yesterday saw the release of Windsor Law Professor Richard Moon’s long-awaited report on Internet Hate Speech and the jurisdiction of the Canadian Human Rights Commission.

The editorial writers are lapping it up – here is the Globe and the National Post, as well as the CBC’s more measured coverage.

The principal recommendation of this report is that section 13 of the Canadian Human Rights Act be repealed so that the censorship of Internet hate speech is dealt with exclusively by the criminal law.

Justice Minister Rob Nicholson has described the Moon report “an important contribution” to the discussion . . . [more]

Posted in: Substantive Law, Technology

A Time for Leadership…

♫ So you want to be a leader
See how high you can climb
If you want to be a leader
It takes guts and sweat and time

Can you take it on your shoulders
Be proud and strong and free
Can you look them in the eye and say
Come this way follow me…♫

Words and music by ImprovAndy

Winston Churchill once said: “We shall draw from the heart of suffering itself the means of inspiration and survival.” These are dark days and the gloom is growing darker. Economies are faltering world-wide, industries and corporations are looking for bailouts . . . [more]

Posted in: Miscellaneous

To Publish – or Not Publish – Judgments

At Slaw we’ve referred from time to time to the practice in some US courts of declining any precedential value to cases.

This week’s Minnesota Lawyer brings the debate into sharp focus with discussions of a recent case that appears to have been buried, despite its value. The case involved whether punitive damages could be awarded in defamation cases.

In Canada, the proliferation of electronically accessible case law of dubious value makes one nostalgic for the days when a stroke of the DLR editor’s pen could consign such case law to non-existence. . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Practice of Law, Substantive Law: Judicial Decisions

The Editing of Reasons for Judgment Post-Release

There’s a possibly apocryphal story of Lord Denning MR changing his mind on who won an appeal after the judgment had been released to the WLR so that the WLR version has the plaintiff winning 2-1 while the All ER version had the defendant winning 2-1. [Challenge to those who have free access to Lexis – was there such a case?]

But this week’s Lawyer’s Weekly refers to a case being redacted by the Supreme Court of Canada after it had been released. The deletion was a reference to the Federal Government’s withdrawal from the Charter Challenges programme.

The counsel . . . [more]

Posted in: Practice of Law, Substantive Law: Judicial Decisions

What’s in a Name?

From national politics let’s turn our sights to the local variety: Bob LeDrew over at Flacklife has picked up the story of Oshawa City Councillor Robert Lutczyk who claims to hold the copyright on the name “University of Ontario Institute of Technology” among other names. Thing is, the University of Ontario Institute of Technology already existed before he supposedly copyrighted the name in 2005. . . . [more]

Posted in: Miscellaneous, Substantive Law

Google SearchWiki

On Friday, Google launched its “SearchWiki,” a way of customizing your own search results. I gather that they’re rolling it out according to some pattern, which means you may not see this feature in your results for a few days yet.

What you will see is illustrated below:

If, for example, Slaw hadn’t come up top in my results in a search for “slaw,” I could have moved it up there with the arrow, and ever after it would be first. For me. Which is what I don’t quite get: why exactly would I want to fix the results of . . . [more]

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

Law Blogs, Aggregated (Courtesy of Garry Wise)

Everything I know about social media I learned from PR professionals in my brief career in that field prior to law.

Neville Hobson (a social media guru in the U.K. who hosts one of my first podcast subscriptions, For Immediate Release) launched an RSS feed yesterday that combined over 60 of the best PR blogs around the world.

He based the selection on a PR Network previously created by David Jones, a local PR guru based in Toronto (he also hosts one of my other first podcasts, InsidePR).

I thought it was a great idea, so I . . . [more]

Posted in: Legal Information: Information Management, Technology Crashes

Back in September I posted about the imminent launch of Europeana, the digital library, museum and archive that will share Europe’s cultural objects online with Europe and the world. Well, it launched on November 20, as scheduled, got 10,000,000 hits an hour and crashed. The site is now down until some time in December, we’re told, when it will return in a more robust form and ready for the huge digital crowds that clearly want in. Ah, the tribulations of success.

[via] . . . [more]

Posted in: Legal Information: Libraries & Research, Technology

Virtual Worlds but Real (?) Property

The Register has an interesting report on crimes in virtual worlds.

According to a study [PDF] by the European Network and Information Security Agency (ENISA), there is a lot of crime in virtual worlds, and it can be lucrative.

Quoth the author of the study: “While annual real-money sales of virtual goods is estimated at nearly €2bn ($2.51bn) worldwide, users can do very little if their virtual property is stolen. They are a very soft target for cybercriminals.”

There is of course an action plan – indeed a 12-step program – one step of which is “Clarification of virtual property . . . [more]

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

Will the US Gov’t Start a Biker Gang to Keep Mongol’s Trademark?

This sounds like part of a law school exam question: The (US) government files an indictment against an outlaw biker gang and seeks forfeiture of its assets. Among those assets are a registered trade-mark for the name of the gang and a distinctive logo. The services with which the trade-mark is associated include, in code, operating biker gang (actually “ASSOCIATION SERVICES, NAMELY, PROMOTING THE INTERESTS OF PERSONS INTERESTED IN THE RECREATION OF RIDING MOTORCYCLES“). The prosecutor says that once the mark is forfeited, police can seize bikers’ colours as trade-mark infringement. Discuss.

I’m not going to give away . . . [more]

Posted in: Miscellaneous