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Archive for July, 2010

Cornell Case a Good Case Study in Written Advocacy

Cromwell J. and Fish J. put on a solid display of written advocacy in today’s Supreme Court of Canada decision in R. v. Cornell.

A 4-3 majority held that the Calgary Police Service did not violate section 8 of the Charter by the manner in which it conducted a “dynamic” or “no-knock entry” search of an accused person’s home. The appeal was made as of right, and caused the justices to answer a question of mixed law and fact based on a very physical fact scenario. This set up a clash of language used by the majority (in a . . . [more]

Posted in: Practice of Law

Ebooks vs Paperbacks, Kindles vs iPads

Two interesting topics have come up in recent days; both of which seem connected. The first is Amazon’s prediction that ebook sales will overtake paperback sales by the end of 2011. Not entirely surprising, considering they’re already outselling hardcovers (“180 e-books for every 100 hardcovers”). And on it goes: paperback sales are eclipsed, ebooks will then be compared to the combined sales, paper becomes the minority, and so on. I think we all know the trend.

So if the market’s future is digital, what exactly do we want from the experience? The answer to this question depends a lot . . . [more]

Posted in: Legal Information: Publishing, Technology, Technology: Internet

The Friday Fillip

    My salad days,
    When I was green in judgment: cold in blood . . .

    Anthony & Cleopatra, Act 1, Scene V.

And in a sense these are the salad days — not that we’re inexperienced or at the peak of our powers, two ways in which that phrase is now understood — no, simply because it’s high summer, when edible green begins to tumble out of the bushel baskets at the market and it’s too hot to cook. Who better to discourse on salads than we here at a blog named Slaw?

Well, the New York Times, for one. . . . [more]

Posted in: Miscellaneous

The Census “Compromise”

There isn’t a great deal more to say about the great census debate than has been said in different fora in different ways. It all comes down to whether Canadians should have the policy that affects their daily lives determined on the basis of reliable data capable of tracking long-term trends (or developments about which much fuss may be made, but that have no longevity) or not. At the Law Commission of Ontario, we can say that law reform agencies are as reliant on the rich core of data produced by the census as are many other organizations. Being able . . . [more]

Posted in: Miscellaneous

Perspectives: Teaching Legal Research and Writing – Electronic Format Only

As was mentioned a number of years ago here on SLAW, the free Thomson Reuters newsletter called Perspectives: Teaching Legal Research and Writing was a useful assortment of articles for those who are involved in teaching legal research and writing.

Word comes now that the newsletter will no longer be published in print. Anyone wanting to receive the newsletter, however, can sign up for free delivery by email of an electronic version. . . . [more]

Posted in: Legal Information: Libraries & Research

Plus Ça Change

One of the most complicated things to address as part of a long term outsourcing is the implications of change. Gartner Group recognized this when it released the results of a survey in which it found:

  • 55% of enterprises have renegotiated their outsourcing agreement terms within the lifetime of the contract;
  • 15% of such renegotiations occurred within the first 12 months;
  • only 23% of enterprises did not expect to enter into renegotiations; and
  • nearly 8 in 10 outsourcings will go through renegotiations at some stage.

According to Gartner’s survey, one of the biggest issues leading to contract renegotiation was a . . . [more]

Posted in: Outsourcing

Web TV

I live in a one television household. One television supplied with data via satellite dish, 3 cell phones, 3 laptops, a desktop, an iPad, 3 iPods with screens and the best piece of tech – a long play record player that has a USB port. We don’t watch a lot of television, but for a family of four, we do consume our fair share of internet bandwidth.

There is plenty of news lately about internet delivered television. Google TV, Apple TV, and way back in 2005, PC World talked about Microsoft’s Internet TV, today’s version being Microsoft Mediaroom . . . [more]

Posted in: Technology: Internet

MDPs Come to BC

♫ Dance Dance wherever you may be
I am the lord of the dance said he
And I lead you all wherever you may be
And I lead you all in the dance said he…♫

Lyrics by: Sydney Carter, music by: Elder Joseph Brackett, “Lord of the Dance“.

Effective July 1, 2010 Multi-Disciplinary Partnerships (“MDP’s”) are allowed by the Law Society of British Columbia. Law Society Rules 2-23.1 and following govern the establishments of MDP’s in the Province of BC.

This is a big change for law firms in BC. For one 2-23.1 (1) states:

“member of

. . . [more]
Posted in: Practice of Law: Practice Management

Major Sections of Arizona’s Immigration Law Suspended

On July 28, 2010, US District Judge Susan Bolton said the US administration “is likely to succeed” in its argument and issued a preliminary injunction suspending the implementation of several key provisions of Arizona’s immigration law that were to come into force July 29, 2010.
Posted in: Substantive Law, Substantive Law: Foreign Law

Google Has Fun With Judgments

The Google Scholar Blog has pulled up a metric dozen “entertaining legal opinions” for our amusement — and, presumably, to remind everyone that Scholar makes many U.S. judgments available free. For example, there’s a reference to US v. Syufy Enterprises 903 F. 2d 659 (1990) which is said to contain the names of over 200 movies smuggled into the ordinary text.

(The blog helpfully provides a link to an article that marks up the titles in the judgment for you. Me, I think it’s interesting that in Syufy one of the judges is named Quackenbush, because that’s the . . . [more]

Posted in: Legal Information: Libraries & Research, Miscellaneous

The Goals of Private Law: A Book Review

The Goals of Private Law
Edited by Andrew Robertson & Tang Hang Wu
published by Hart Publishing, Oxford & Portland, Oregon, 2009
price: £85.00
ISBN: 9781841139098

What modern British and Canadian legal philosophy regarding private law is up to right now; its personalities, theories, ideas and sources.

This book is a collection of twenty papers originally presented at a conference held at the National University of Singapore in 2008. The authors are principally British and Canadian with two from the United States (one of whom used to teach at a Canadian law school), two from Singapore, two from . . . [more]

Posted in: Book Review