This essay examines an international dimension of trust in electronic commerce: how to give legal recognition in one country to electronic documents from another. Recognition involves attributing legal status to electronic messages exchanged across borders. The usual phrase is “mutual recognition”. Mutual recognition means reciprocal recognition: A recognizes B’s e-documents because B recognizes A’s.

It is not logically necessary for cross-border recognition to be mutual. A could recognize B’s reliability standards and thus give effect to its documents even if B does not return the favour. However, in practice it is likely that a country that accepts another country’s standards . . . [more]

Southeast Asian mothers around the world rave about the spice turmeric, not only as an essential ingredient in traditional cooking, but also for its health benefits. Growing up, my mom’s remedy to solve many ailments was to drink turmeric in milk, traditionally known as Haldi Ka Doodh. To my mom, a teaspoon of turmeric in warm milk could cure most health issues.

Cough or runny nose? Haldi Ka Doodh.

Muscle or joint pain? Haldi Ka Doodh.

Deep cuts? Haldi Ka Doodh.

And today, I can still envision her telling me…

Stressed about COVID-19? Haldi Ka Doodh. . . . [more]

I spend a lot of time in this column talking about the future of legal technology. Today, I’d like to give you something a little more practical, and help you use the technology you already have.

Let me share with you the one thing that I wish every lawyer and law student knew about Microsoft Word: Multilevel lists.

In the toolbar of Microsoft Word you will find Multilevel lists just to the right of bullets and numbered lists.

Click on that button, and a menu appears. You’re going to want to click on “Define New Multilevel List…”

In the screen . . . [more]

The global scale of the current pandemic has led to what feels like a remarkably unprecedented level of solidarity in a world pulling together (while standing apart) amid this common cause of fighting the spread of Covid-19. In the area in which I work (from home) of scholarly communication, publishers have been not only creating public access to Covid-19 collections of research and professional resources, from Elsevier’s COVID-19 Clinical Toolkit to Wiley’s Coronavirus Resources & News. Wellcome Trust has reaffirmed its 2016 “Statement on Data Sharing in Public Health Emergencies,” which has been signed by every major biomedical publisher . . . [more]

It looks like we will be in isolation for a while. Let’s make the best use of this time. And here are five things to take to heart.

1. I hope you like this photo I took from my friends balcony that overlooks the lake in Boca Raton. Maya Angelou’s words couldn’t be more perfect for these times, don’t you agree?

2. Governor Cuomo reminded us to “Find ways to make a little joy.” So, I had a Zoom Cocktail Party. It was BYOB and dogs were welcomed! My friends we amazed that seeing one another made such a difference. I even

After a long wait, a couple of cases have used summary determination to decide issues of claim construction in patent infringement proceedings. In both cases, the claim construction resolution was determinative of non-infringement and the plaintiff’s case was dismissed. The decisions are subject to appeal.

In patent cases, determining the meaning of the words used in the claims of the patent is a key prerequisite for determining patent validity and infringement. Typically, expert evidence is introduced on the qualities of the skilled person appropriate for the patent at issue, the common general knowledge of this skilled person, and how the . . . [more]

Why do we regulate lawyers and paralegals? Why not just let the “market” do its’ thing? The standard answer is two-fold and relates to the need for legal expertise.

Credence goods and professional regulation

The first part of the answer focuses on consumers. The legal system is complex. Addressing legal problems requires expert assistance. People are not well able to judge for themselves whether their lawyer or paralegal is actually competent. Of course, there is much that can be assessed by clients such as being a good communicator and being responsive. But clients can’t be confident whether the advice received . . . [more]

Hosting a conference in a hotel, doing an escape room with your colleagues, inviting guest speakers to your class, joining a sports team, cooking dinner for friends, these are all great activities for building community. But how do we translate that to an online environment during a time of social distancing? What do we lose or gain?

As I write this in self-isolation, I’m reminded of the importance of community building. I’m inspired by how people are cheering outside their balconies at the same time every night in support of healthcare workers, putting drawings of rainbows on their windows for . . . [more]

The Covid-crisis lays bare things that were always there but not that visible. Inequality. Vulnerability. The amount we travel. How marketized our societies have become. What it also shows is how the justice sector in most countries is caught up in itself. Four structural vulnerabilities are laid bare.

Firstly, the self-image. When the presidents or prime ministers of the world declared lockdowns – except for ‘essential services’ – courts generally closed. That conveyed a self-image of not being an essential service. Most citizens (and some judges) see that differently. If you are a doctor with a . . . [more]

Everyone is talking about the “new normal”: working from home; self-isolation and even quarantine; kids running around the house; dogs barking; cats acting as paper weights; spouses carving out their own work spaces and sharing space; unstable internet connections; and even cabin fever.

Just because we are working from home and can walk around in our jammies, t-shirts, track pants or even bathrobes (a’ la JJ) does not mean we should. Maintaining consistency and routine will help you through the pandemic and make you more efficient.

Even in the best of non-pandemic times, our clients are worried and scared. This . . . [more]

In prior posts, I have highlighted problems with conflict of interest (or ethics) legislation regulating politicians in Canada. In particular I have commented on how legal privilege (for example cabinet confidence in the SNC Lavalin controversy) thwarts investigations. I have also highlighted the loophole in ethics rules (and their interpretation by some commissioners) that exempt political gain as an interest that may conflict with a member or Minister’s duty to serve the public interest.

A recent controversy in Alberta politics has exposed more loopholes in ethics rules. Part of that controversy was that Alberta Health Minister Shandro, who is . . . [more]

We are living in unusual times. While some of us are battling illness, overwork, or the exuberance of nearby small children, others are finding ourselves with more self-directed time than usual. If you are seeking some direction for your work, here are some ideas for research challenges or organizational methods so that you can learn something or organize something to make your future work life easier. They’re arranged according to the approximate time they’ll take: very short tasks, tasks for an hour or so, and multi-hour tasks.

Organizational tasks for five minutes or less:

Organize your inbox. For almost everyone, . . . [more]