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Archive for June, 2014

More Comparative Law Reports From D.C. and Down Under

This is a follow-up to last week’s Slaw.ca post Law Library of Congress Report on Restrictions on Genetically Modified Organisms.

The Law Library of Congress has recently released two other comparative law reports. They are:

  • Child Restraint and Seat Belt Regulations: “This report contains citations to the laws on seat belt use in Antigua and Barbuda, Australia, Bahamas, Brazil, Canada, China, Cyprus, Egypt, England and Wales, Fiji, Ghana, Indonesia, Kiribati, Malta, Nauru, Netherlands, New Zealand, Oman, Philippines, Singapore, South Africa, South Korea, Sri Lanka, Trinidad and Tobago, Turkey, and Vietnam, with information on provisions concerning children where available.”
. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law

Sub Nomine

Sub Nomine the Sub Nom rule is one of those delightful pieces of legal Latin that I quite enjoy. I like that two words in Latin can effectively sum up a legal thought that takes at least a sentence or two in English. Sub Nom is Latin for “under the name of” or in everyday parlance, “also known as”. The most recent case from the SCC that has caused a stir in legal circles, R v Spencer, 2014 SCC 43 in which the SCC rules that police organizations cannot simply ask ISPs for the IP information of subscribers and . . . [more]

Posted in: Substantive Law: Judicial Decisions, Technology: Internet

The Friday Fillip: Pants

Pants: Rubbish; nonsense. Freq. in pile (also load) of pants. (Brit. slang)

Which is one reason why I’m going to talk about trousers instead. (Another reason, also grounded in respect for our British readers, is that in that green and pleasant land “pants” refers to undergarments and can cause fourth form giggling.)

What piece of clothing could be more humble than a pair of men’s trousers?

Socks, perhaps. Though, socks have the potential to be colourful and to display strange and wonderful designs, something that trousers continue to resist, the recent craze for red jeans notwithstanding. Yet . . . [more]

Posted in: The Friday Fillip

The Value of Professional Associations

Background

In speaking with other in-house counsel, it is apparent that the majority face challenges with resource constraints. Chief among these are constraints around headcount and budget, and generally being able to find ways to handle the volume of work required. In the face of this reality, common reasons expressed for not belonging to professional associations or financially supporting members of their team to do so include “I don’t have the budget,” “I don’t have the time” or “I am too busy.” In the long run, I suggest companies have much to gain by permitting, and even encouraging, their professionals . . . [more]

Posted in: Practice of Law

Employment Law and First Nation Band

In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction. This is a straightforward distinction under normal circumstances, but, in certain areas, it remains unclear. This was the case in Fox Lake Cree Nation v. Anderson, 2013, in which the Federal Court of Canada set aside the order of an adjudicator appointed by the Canadian Labour Ministry because that adjudicator did not have the jurisdiction to hear the complaint made by the terminated employee.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Thursday Thinkpiece: Klinefelter and Laredo on Client File Confidentiality

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.

IS CONFIDENTIALITY REALLY FOREVER — EVEN IF THE CLIENT DIES OR CEASES TO EXIST?
Anne Klinefelter and Marc C. Laredo

Originally published at Litigation, Vol. 40, No. 3, pp. 47-51, Spring 2014

(SSRN Excerpt: pp. 1 – 4)

Many readers have heard of Lizzie Borden, tried and acquitted of the 1892 murder in . . . [more]

Posted in: Thursday Thinkpiece

What Technical Skills Should We All Really Be Learning?

A great deal has been written about what technical competencies the legal community should learn in order to move forward professionally. It seems that much of this, while well meaning, overstates the level of knowledge needed to excel in legal practice and other jobs in the legal industry both in the present and the future. I am not trying to imply that there isn’t opportunity for those who would like to explore the technical side of the legal industry, but that doesn’t mean there is room for the advancement of all individuals in this area or that all careers will . . . [more]

Posted in: Legal Information

Have You Notified Your Insurer?

Manitoba lawyers recently received a memo from the Law Society’s Insurance Department reminding them that it’s time to pay their 2014/15 liability insurance premium.

That memo also contains the annual reminder to practising, insured lawyers to “Speak now or forever hold your peace” with respect to known or potential claims. The Law Society reminds lawyers that:

Because our Professional Liability Insurance coverage is written on a claims-made basis, if you know of any circumstances which might possibly, at some point in the future, give rise to an insurance claim against you and you want coverage under your Insurance Policy, then

. . . [more]
Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law: Judicial Decisions

SCC “gets” Tech – Government Not So Much

Far too often – at least in my opinion – courts and legislators don’t seem to understand technology related issues or how the law should fit with them. The Supreme Court of Canada, however, got it right with Spencer, which basically says that internet users have a reasonable expectation of anonymity in their online activities. Last Fall the SCC sent a similar message in the Vu case saying that a general search warrant for a home was not sufficient to search a computer found there. And that trend will hopefully continue with its upcoming Fearon decision on the ability . . . [more]

Posted in: Substantive Law

Effective Negotiation Strategy Is an Essential Element of Litigation

Negotiation theory is generally based on two models of negotiation:

– positional negotiation, which includes terms such as “distributive,” “competitive” and/or “adversarial,” bargaining

– interest-based negotiation, which includes terms such as “integrative,” “problem-solving,” or “cooperative problem-solving,” or “collaborative” bargaining

Prof. John Lande, of the University of Missouri School of Law’s Center for the Study of Dispute Resolution, also theorizes a third model, which he calls “ordinary legal negotiation”, which is a hybrid based on norms that develop in certain practice areas, geographical regions or under specific court or ethical rules.

In a pair of forthcoming articles in the Cardozo Journal . . . [more]

Posted in: Dispute Resolution

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. R. v. Spencer, 2014 SCC 43

[1] The Internet raises a host of new and challenging questions about privacy. This appeal relates to one of them.

[2] The police identified the Internet Protocol (IP) address of a computer that someone had been using to access and store child pornography through an Internet file-sharing program. They then obtained from the Internet Service

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Are You an “Invisible”?

Do you avoid self-promotion? Do you grimace when others go on and on (and on) about their accomplishments and activities? You might be an “Invisible”.

In his new book, Invisibles: The Power of Anonymous Work in an Age of Relentless Self-Promotion, writer David Zweig explains why some people shun the spotlight while others aggressively compete for centre stage.

Quoted in an interview with Maclean’s Ken MacQueen, Zweig says that “Invisibles” are driven by “a strong sense of responsibility, a meticulous attention to detail and an ambivalence about recognition.” He adds that “they find their reward through work itself” and . . . [more]

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