I was sorry to miss the 2012 Law via the Internet conference held earlier this month at Cornell. Happily, many sessions are available for viewing on the conference website. I was particularly interested to watch Clay Shirky’s keynote address.

Shirky is the author of the recent popular titles Here Comes Everybody and Cognitive Surplus. At LVI, he questioned why there is so little shared annotation of the law. He reported on a couple of examples that have popped up on social media. For instance, the State Code of Utah has been included on Github, a site for . . . [more]

Turn away from e-mail and pick up the phone.

Lately I’ve found myself starting to draft a lengthy e-mail, and then realizing I ought to just make a quick phone call instead. It may sound silly, but if you’re like me, when times are extremely busy and I am racing from one deadline to the next, a phone call feels like a luxury.

I’ve recently discovered that I’ll go too long before I speak with or visit a client. Sure, the work gets done and clients are happy, but e-mail alone does not deepen a work relationship.

We rely heavily . . . [more]

Over the past seven months, I’ve attended several presentations made by consultants to small law firms. Three things that were spoken have stayed with me.

The first was at the launch of the Small Practice Portal of the Law Society of New South Wales, where a speaker addressed a sea of faces from small law firms and said that the number of new solo practices being launched every year in New South Wales was unsustainable. It was one of those “look to your right, look to your left, soon one of you won’t be here” moments.

The second was a . . . [more]

There have been times, as a legal and professional publisher, when I have mused on a life without troublesome and quirky authors who take holidays, have families and sometimes put their professional work before their writing commitments. I speculated as to how it would be in an entirely automated world in which the nature of the problem was entered into one end of the over-sized computer and out the other emerged the single correct answer, as was seen in films of a bygone era. Expressed in books, perhaps each chapter or topic would end with “the answer, therefore, is . . . [more]

November 10, 2012 is approaching. Tomorrow, in fact.

So? (No, it’s not my birthday.)

In Canada, tomorrow’s date is written 10/11/12.

That’s too good a coincidence to ignore.

Therefore, with no authority to do so whatsoever, I hereby proclaim November 10, 2012 Numeracy Day in Canada.

Behold the power of numbers.

Behold the power of bad statistics to lead us astray. Behold the awesome grip upon us created by throwing around numbers, even when those numbers are cut from whole cloth and do not add up.

Behold the power of metrics. He or she who can wave metrics around truly . . . [more]

As the Federal Court continues to interpret and apply the 2008 Sanofi SCC obviousness test (Apotex Inc. v. Sanofi-Synthelabo Canada Inc., 2008 SCC 61 (“Sanofi”)), one important step – defining the “inventive concept” – has not always been defined consistently. Inventive concept appears to have taken predominance over claim construction. Inventive concept is a pivotal issue for the court. It sets the bar for exactly what has to be obvious to try – ie. “self-evident” to work. As would be expected, a more complex/advanced inventive concept means an invention is more difficult to invalidate for obviousness. Equally, a . . . [more]

There was a minor kerfuffle a few months ago over a new course offering at UBC Law. LAW 481C.002 – Access to Justice and the Future of the Legal Profession drew its three listed faculty members from the Vancouver office of an old-guard national law firm with ample apparent concern for the future of the legal profession, but little discernible track record of proactivity, innovation or anxiety around the access to justice issue. Most notably, the course faculty included a former BC Attorney General who had orchestrated a 40 percent cut in legal aid funding a decade prior, and who . . . [more]

I’m a bit of a sports nut. I love watching all types of sports on TV. And I get ridiculous when I go see any sport live. Roller derby is the bomb! The only sport I just don’t get is cricket. Maybe one day. Anyway, when I found out that the International Association of Law Libraries (IALL) was meeting in Toronto, I just had to go. It’s the home of the Hockey Hall of Fame!

The Hockey Hall of Fame was all I had imagined and more. There’s a shrine to Wayne Gretzky, uniforms from players for all over the . . . [more]

The open court principle has repeatedly been confirmed by the Supreme Court as a “hallmark of a democratic society” (Vancouver Sun, [2004] 2 S.C.R. 332, at para. 23), most recently in A.B. v. Bragg Communications Inc., 2012 SCC 46. However, the exclusion of witnesses from a hearing is a routine exception to this principle. In this column I will explore some of the history of the exclusion of witness order, its purpose, the exceptions and consequences of a breach. The larger question that I will address is whether we can sustain an exclusionary rule in an age . . . [more]

The online world has been greatly affected by the rise of social media, whose principal characteristic is interactivity among the users of a particular service or communication channel. The possibility of not just one-to-many but also many-to-one and many-to-many communications have put focus on ‘the crowd’ – a potentially almost infinite number of Internet users who may participate in a conversation in a number of roles.

This has led to the emergence of the term ‘crowdsourcing‘, meaning an express solicitation of Internet users generally to contribute to solving a problem. No doubt the popularity of the term has . . . [more]

Young Canadian lawyers will have trouble understanding a time when only a few judicial decisions were published and access to decisions was difficult.

In 1965 Maritime Law Book was founded in response to a need, namely, access to judicial decisions.

In 1965 the Maritime Provinces Reports (a Carswell publication) published one volume per year and the volume contained 40 to 50 cases from the four Atlantic provinces. The Dominion Law Reports (a Canada Law Book publication) was very selective and contained very few cases from the Atlantic provinces.

A New Brunswick lawyer might find less than five New Brunswick cases . . . [more]

I’m not sure when it happened but at some point people just lost their minds. Even otherwise rational people are behaving like sugar-loaded children on Christmas morning; running around in circles screaming for no apparent reason.

I’m speaking, of course, of the mobile device market.

A snappily dressed fellow goes on a stage and says the words “iPhone” or “Surface” and next thing you know thousands of people are lining up to pay hundreds of dollars for one without the slightest idea of what it really IS. In the consumer world this has become commonplace but what’s startling is how . . . [more]