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Archive for August, 2011

“Friend” Is Now a Verb: Judicial Ethics and the New Social Media

These are notes from a talk by the Honorable Herbert B. Dixon, Jr. trial judge of the Washington DC Superior Court, followed by a panel discussion at the American Bar Association 2011 conference in Toronto last Saturday. Panelists included Judge Dixon; the Honorable Bernice B. Donald, Western District of Tennessee; Cynthia Gray, Esq. of Chicago, Illinois who counsels judges; Marla N. Greenstein of Anchorage, Alaska, who is involved in judicial conduct regulation; and G. Michael Witte who is Indiana Disciplinary Commission Executive Secretary and a former judge. The session was moderated by the Honorable Annette Scieszinski, Albia, . . . [more]

Posted in: Miscellaneous, Technology: Internet

The Friday Fillip: “What Is Your Goodname, Sir?”

India, either the world’s most or second most populous country, in any case boasting damn near 20% of the planet’s people. A country worth paying attention to for this and a host of other reasons. And that’s the beauty of it: we can pay attention to what’s happening in India in a way that we cannot with its “semblable, son frère,” China, because in India English is a widespread lingua franca. There are reputable newspapers in English. Indian novelists sometimes write in English. Laws, judgments and the proceedings of Parliament are all available in English.

But today . . . [more]

Posted in: Miscellaneous

You Might Like…

This is a post in a series to appear occasionally, setting out some articles that contributors at Slaw are reading and that you might find interesting. These tend to be longer than blog posts and shorter than books, just right for that stolen half hour on the weekend. It’s also likely that most of them won’t be about law — just right for etc.

This week we’ve begun adding videos into the mix, and a featured item as well.

Please let us have your recommendations for what we and our readers might like.


. . . [more]

Posted in: Reading: You might like...

Building Canada’s Digital Law Library

Over the past year, I have written a series of articles on the theme of (re)building a law library. Obviously, I attach great value to the concept of library as place: my previous column was on that very topic. For me, the expression “virtual library” is somewhat of a misnomer, for a library cannot be virtual if it exists in space and that space has a function. I much prefer the expression “digital library” to describe the non-physical aspect of the library collection, not the library itself, though the two are related and must be integrated in a . . . [more]

Posted in: Legal Information

UK: Who Are the Rioters and What’s Happening to Them?

The British newspaper The Guardian has compiled data on who is being arrested for the recent riots in the United Kingdom.

It makes for a fascinating story:

In an indication of the tough justice being meted out to people accused of offences related to this week’s riots, a Guardian analysis of more than 120 cases before magistrates courts so far has found the majority of defendants being remanded in custody – even when they have pleaded guilty to relatively minor offences.

As hundreds of cases fly through specially-convened night sittings of magistrates courts, the Guardian is embarking on a project

. . . [more]
Posted in: Substantive Law: Foreign Law

Riots, Reasons, and the Law

Those of us Canadians who live in Toronto or Vancouver know not to be smug about England’s riots; we’ve been there recently, albeit on a smaller scale, thankfully. We might, however, be in a good position to reflect on the question of why people riot, or, to put it impersonally, because a mob does seem to deprive its members of effective personhood, what makes a riot. On a personal note, I can attest to this mob mentality, having been in a riot in my youth — one, I might add, that had absolutely no good pretext and was formed entirely . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation

Fastcase 50 Honours Friends of Slaw

Fastcase has just announced the Fastcase 50, the “fifty most interesting, provocative, and courageous leaders in the world of law, scholarship, and legal technology”. The entire list is interesting but let’s mention 5 friends who may be familiar to Slaw readers.

Congratulations to each of them:

David Whelan
David Whelan is a lawyer, librarian, and technologist who has truly seen it all. He currently serves as the Manager of Legal Information for the Law Society of Upper Canada (as head librarian of the Great Library, the job is often referred to as “the Great Librarian”). David previously served as . . . [more]

Posted in: Legal Information: Information Management, Legal Information: Libraries & Research, Miscellaneous

3 Introductory Steps for Small Firm Succession

The issue of succession for small firms and solo practitioners has received a significant amount of attention of late in Canada. The attention stems from a demographic reality that sees the majority of lawyers in many provinces in the country in excess of 50 years old and a general recognition that a substantial amount of these lawyers have not adequately planned for succession. Concerns regarding succession are especially poignant for small firms and solo practitioners who often suffer from a lack of resources to address succession issues but who are the most at risk for negative consequences due to an . . . [more]

Posted in: Practice of Law

Solo Day 2011: Law Firm Marketing Management

These are notes are from a panel discussion session at the American Bar Association 2011 conference in Toronto last Friday, one of the Solo Day 2011 talks. Panelists included Charley Moore, founder of RocketLawyer, San Francisco, CA; Carolyn Elefant, solo practitioner and blogger (see MyShingle.com), Washington, DC , and Jay S. Fleischman, consumer bankruptcy lawyer at Shaev & Fleischman (see NewYorkBankruptcyHelp.com and BankruptcyLawNetwork.com) and online legal marketing consultant at www.LegalPracticePro.com . Note: these are my selected notes from this session; any inaccuracies or omissions are my own. I welcome your comments and follow-up thoughts! . . . [more]

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

Using Patient Health Information in Human Resources Investigation

The Alberta Information and Privacy Commissioner recently confirmed that Alberta Health Services (AHS) breached the rights of one of its employees by intentionally using information from his addiction counselling against him during a human resources investigation. The breach of the employee’s personal health information clearly contravened the Health Information Act (HIA).
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

A Causation Primer

Those of us who need to know such things know that the SCC granted leave to appeal in Clements v Clements 2011 CanLII 36004 (from 2010 BCCA 581) where the issue will be the meaning of the Canadian material-contribution doctrine (and maybe some other things about proof of causation in Canadian tort law should the Court deign to go there.)

In the meantime, a judge of the New South Wales, Australia, Court of Appeal has, conveniently, written a primer on the subject: Evans v Queanbeyan City Council [2011] NSWCA 230. . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions