That’s the title of my Free Press article from Monday. As it seems to be getting a large number of hits on my own blog, I thought it worthwhile to post it here as well.

I can’t reproduce it here for contractual reasons – the full article is here.

The gist of it is that in both the Canadian and US elections, there were instances where those running for office were frsutrated by the very laws they enacted or positions they took on proposed legislation.

McCain complained to Youtube that they took down content based on allegations of copyright . . . [more]

The ABA Journal is surveying lawyers about the job market and the current state of the economy. They would like to spread the word and encourage as many readers as possible

Here is the link: http://www.surveymonkey.com/s.aspx?sm=9Dhw2g7bX_2bxfq4mW8eB1Cg_3d_3d

Survey results will be published in the January ABA Journal. They state that answers will be kept confidential and used only in combination with all other responses received. If you have any questions or suggestions, please feel free to contact Stephanie Francis Ward, Legal Affairs Writer, ABA Journal. . . . [more]

Links to a lengthy interview with Richard Susskind (parts 1 and 2) who continues to provoke with his explanations of how the English market for legal services is dramatically different from that in the United States, and how the Legal Services Act presages the future on this side of the Atlantic too.

One of the unplanned advantages of federal systems appears to be the way in which they militate against reforms of professional monopolies.

Good plugs for The End of Lawyers? Rethinking the nature of legal services , Richard’s book which will be imminently published by OUP.

The most . . . [more]

TMA=Too many Acronyms.

Google’s (Goog) agreement with the Association of American Publishers (AAP) is summarized by the US’s Association of Research Libraries (ARL) with special emphasis on the implications of the agreement for libraries, and especially large US research library systems. A press release is here.

With it’s special deference to commercial incentives, US copyright law differs from Canadian, so the terms of this agreement may be irksome to Canadian libraries, should the AAP or other US bodies try to apply it here.

via Stephen’s Lighthouse . . . [more]

Take a seat.

Not just any seat, of course. One that suits your needs and, well, that part of you. Ever since human beings discovered that they could bend in the middle, proper seating has been a matter of considerable importance. If you happen to be a court, sittings are even more significant, but that’s a whole nother business, as they say. This is about plain old citizenry sitting and, more precisely, the chairs that enable it.

Those of you who work at firms likely have ergonomically correct (or at least adjustable, so the instructions promise) chairs, like the Aeron . . . [more]

A recent story from Nova Scotia has focused a lot of attention on pre-employment screening and the use of polygraphs. Hopefully, it will encourage a larger discussion on both sides of the issue.

According to media reports, anybody applying for a job that falls within the purview of the Halifax Police Service and Fire Service is required to pay for a polygraph examination that includes a range of questions, some of which have been considered to be objectionable. (See the full questionnaire here (pdf).)

Others have objected to the use of a polygraph, as many assert it is not . . . [more]

I just put up a new post over on Stem’s blog about the latest Canadian legal blog additions to LawBlogs.ca… and thought the relay here might help our newly minted bloggers.

On average, we’re still seeing 1-2 new blogs each month, including Canadian lawyers, students, librarians, and other legal pros. And for your surfing pleasure, those latest blogs are:

• Innovate Hamliton (Michele Ballagh)
• Megawatt: The BC Renewable Energy Blog (Clark Wilson LLP)
• Official Clio Blog – Legal Practice Management SaaS (Themis Solutions)
• IPilogue (Osgoode)
• The Employment and Labour Law Students Society Blog (York)
• Law Library News from John A.

Researchers from the University of California, Berkeley and UC, San Diego have published a paper on a study they did on spam.

They actually took over part of an existing spam botnet, and sent their own spam to test the response. We all wonder why anyone would actually fall for the scam, and know that the uptake must be low – but how low?

In their case, 350 million emails sent resulted in 28 “sales” – a response rate of 0.00001%.

Commentary ranges from the thought that the rewards for spammers are decreasing to math showing how lucrative it can . . . [more]

The “new” Law Commission of Ontario has released its first full report, just over a year after we began operations. Our report on Fees for Cashing Government Cheques is a response to the reality that a disproportionate number of low income individuals cash their government cheques at cheque cashing businesses. This issue is consistent with the government “poverty initiative” and the recommendations are complementary to the pay day loan legislation enacted by the Ontario Legislature. The LCO’s recommendations acknowledge that some people prefer cash chequing business to banks; thus their focus in on ensuring informed choice and options that address . . . [more]

This is simply brilliant.

I don’t know whom Nova Scotia employed to come up with this Flash presentation, but in my opinion it’s worth every penny they paid for it. Every single aspect of the website is worth visiting, from the Pomegranate holder to the use of the Pomegranate as a harmonica. And what’s more, the damn thing is stylish as hell. (Clearly someone’s taking cues from Apple.)

When you’ve seen enough and want the secret let out of the bag, click on the “release date” button at the top right.

Oh, and if the music loop gets too much . . . [more]

A couple of days ago, David Bilinsky blogged on Slaw about the new Client ID rules that have come into force in most jurisdictions in Canada (Slaw: New Client ID Rules). The rules are an attempt by the legal profession’s regulators to try to get the federal government to back off from attempting to undermine solicitor client privilege in pursuit of money launderers.

While I’m no fan of money laundering, I have to say I’m not a fan of the new rules.

The purpose of the rules is to “know your client” in the same ways that banks . . . [more]

Just say “Ahaa!”

If you’re looking to say “no” in Nepali, that is. Jennifer Runner maintains a page that tells you how to issue negation in 520 languages. You tell me I’m exaggerating? I say, “naw nae na mo aowa ne saate and, just to be clear, nou!”

Beyond a simple “no,” she’s got a number of phrases translated into a wild variety of languages. Perhaps the second most useful word to know when you find yourself in parts scarcely known, is “yes.” In which case, this is the page you want, and where you’ll find 520 affirmatives, . . . [more]