If you’ve flown to Europe or Asia, you know that the flight path, viewed on a “normal” map, looks far longer than it should. The plane flies what appears to be thousands unnecessary kilometers on a route that curves up near the North Pole, rather than flying in a straight line.

Appearances are deceiving, as you probably have realized. The earth is not flat, and that so-called normal map, usually a Mercator projection, greatly distorts distances at higher latitudes. Trace a route from Toronto to Tokyo on such a map, and it appears to pass about 700 km south of . . . [more]

April 24, 2013, marked the 150^th anniversary of the publication of the Instructions for the Government of Armies of the United States in the Field, a U.S. government document also known as the “Lieber Code”. Francis Lieber of the War Department, Adjutant General’s Office, prepared the Code at the request of President Abraham Lincoln. The President issued the Code on April 24, 1863, as General Orders, No. 100. Even after a century and a half, this document continues to be relevant today. Justice O’Connor cited it in the plurality opinion in Hamdi et al. v. Rumsfeld, 542 . . . [more]

Recently, a private member’s bill was introduced to “remove citizenship” from terrorists, while the Canadian Collegiate Athletic Association added further restrictions to the ability of non Canadians to play varsity sports. At the same time, the City of Toronto voted to extend the right to vote to permanent residents, as opposed to restricting it to “citizens”. Are we witnessing the articulation of different conceptions of citizenship? If so, which one is appropriate, legitimate or even moral?

The private member’s bill is grounded in the belief that citizenship is a privilege that can be withdrawn by a State, unhappy with the . . . [more]

Speaking of newspapers and revolutions, the legal profession has a lot to learn from the much more mature Media Industry revolution. The legal revolution is really only just starting, but started it has. The first lesson is that it is really a Legal Industry, and that the legal profession is a shrinking part of it. Think printed newspapers. They are both being consulted less in their traditional form – it’s a convenience thing. Printed newspapers are headed towards weekends-only editions; the last step before digital only.

People have no time for long newspaper articles in their daily lives, and less . . . [more]

The Internet has changed how distributors and consumers purchase goods, and those who purchase goods for multi-level marketing from companies such as Tupperware are no exception. A recent decision Federal Court decision involving the manufacturer of Tupperware, Dart Industries Inc. v. Baker & McKenzie LLP, considered whether trade-mark use occurred when goods are purchased online using flyers. The Dart decision also provides important lessons on preparing trade-mark use evidence, especially from goods and services are purchased online.

Background

Dart owns Canadian trade-mark registration No. TMA145,567 FLAVOR SAVER for plastic household containers and lids. Baker& McKenzie initiated proceedings under section . . . [more]

Access to Clothing[1] is a complex issue that seems almost impossible to effectively address. Some consider it one of our most pressing issues[2]. The well-off continue to be able to afford appropriate clothing for all occasions. The least fortunate amongst us are able to access free or subsidized clothing to be worn during the most important events in their lives. The middle class cannot afford to purchase clothing at all.

To the great discomfort of businesses, restaurants and hosts and hostesses everywhere, most members of the middle-class have given up wearing purchased clothes entirely. Many people now . . . [more]

Most mornings you can’t wake up without seeing them: LinkedIn, Facebook, Twitter and Google+, Pinterest, Digg-It and Youtube. Chances are one or more of these sites are lurking in your e-mail box, what’s more, it’s likely the same for your clients as well.

You don’t have to admit it aloud, but do you recognize moments of panic? “I’m not on twitter! Everyone’s on twitter! Must…tweet…!!!” Or “I’m not on Google+! I need to be on Google+ or I’m not in the game!”

And doesn’t there seem to be a universal law that a new social media platform –infinitely crucial to . . . [more]

Like excuses for not doing homework every adjudicator has seen a variety of requests for a postponement or adjournment of a hearing. In a recent case in the U.S., the lawyer for the accused in a criminal trial asked for an adjournment to attend an Ernest Hemingway lookalike contest. In denying the request, the judge wrote:

Between a murder-for-hire trial and an annual look-alike contest, surely Hemingway, a perfervid admirer of “grace under pressure,” would choose the trial.

At his most robust, Hemingway exemplified the intrepid defense lawyer:

He works like hell, and through it. . . . He

Big data is big news these days. Whether its consumer and user data from Google, Amazon, and Walmart, or the government’s big-data grab of phone and email records from the companies we trust, like Google and Version, in the latest US, as well as Canadian as it turns out, governments invasion of civil liberties in a war on terror threatening to take citizen’s data points hostage.

There is much to be concerned about with big data, from profiling to privacy issues. When it comes to where I work, in the space of scholarly communication, I can see that my . . . [more]

(Based on a two-day visit to Nairobi in June 2013)

Malimani Courts, Nairobi. Fate leads us past a sign that says “Courtroom 2”. We decide to walk in and bow to the judge and the national coat of arms on the wall behind her. She does not show that she notices us. All we see is her head behind a high desk that cuts across the whole breadth of the courtroom. A Justice Being separated from the ordinary world. The registrar and the prosecutor are seated at a table in the middle of (and under) the judge’s wall. To the . . . [more]

In the 18th century a man when seeking work usually followed the occupation of his father. Today a young man or woman has more freedom to choose a career. And at a later date a person can change that choice.

From an individual perspective, every man or woman is encouraged to find a job that she enjoys or loves.

Confucius (551-479 BC) said: “Choose a job you love and will never have to work a day in your life”.

Ben S. Bernake at Princeton University on June 2, 2013 said: “A career decision based only on money and not on . . . [more]

In 2002 the United Nations adopted an important new human rights treaty focused on preventing torture. A laudable goal to say the least. And one which one would expect Canada would have supported quickly and enthusiastically by ratifying as soon as possible. 67 countries have signed up – about 1/3 of the members of the United Nations – including many of Canada’s closest allies. But more than a decade later, Canada is not yet on that list.

The treaty came in the form of an Optional Protocol to the UN’s existing Convention against Torture and other Cruel, Inhuman or Degrading . . . [more]