A contentious policy week on both sides of the border:

• In Canada, a meeting this week between the Canadian Association of University Teachers and Gary Goodyear, Canada’s Minister of Science and Technology descended into a shouting match over cuts to research funding announced in Canada’s 2009 federal budget.
• In the U.S., old controversies were stirred by the introduction of the Patent Reform Act of 2009(high-tech vs. biotech); by the Supreme Court’s ruling, in Wyeth v. Levine, that drug makers are not exempt from state tort liability (tort reform vs. plaintiffs’ bar); and by the nomination of Kathleen Sibelius to

Hawaiian legislators are working on a bill to ensure collection of state sales tax on goods and services bought online from out of state, while Idaho legislators have declined to do any such thing:

Hawaii Proposes To Collect Taxes On Internet Sales
Buying tax-free music, books and electronics over the Internet would be a thing of the past under legislation pending before Hawaii lawmakers. The measure being pushed by Senate Democrats is meant to force online shoppers of Amazon.com Inc. and eBay Inc. to pay the state’s 4 percent general excise tax, just like customers who buy the same items

The Supreme Court of Canada recently published a special edition of its Bulletin of Proceedings called Statistics 1998 to 2008.

The statistics are broken down into 5 categories:

• Cases Filed: the number of complete applications for leave to appeal and notices of appeal as of right filed by litigants with the Court’s Registry each year
• Applications for Leave Submitted: number of leave applications submitted to panels of the Court for decision, the number of leave applications granted and the percentage granted of the total submitted
• Appeals Heard: number of appeals heard each year and the number of hearing days

The Supreme Court of Canada announced this morning that it has granted leave to appeal the decision of the Alberta Court of Appeal in Yugraneft v. Rexx Management. This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada’s treaty obligations in that respect interact with local procedural law – specifically limitation of actions – when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, . . . [more]

One of the great wonders of the web is the ability it affords us to glimpse the world from different perspectives by reading current papers from around the world.

Starting with today’s Hindu, a great paper from Chennai, we find the following stories:

Bloggers not entitled to any special protection for expressing critical views, Supreme Court of India holds:

Bloggers may no longer express their uninhibited views on everything under the sun, for the Supreme Court said they may face libel and even prosecution for the blog content. Chief Justice K G Balakrishnan and Justice P Sathasivam refused to . . . [more]

Courtesy of the Northern European law firm Roschier comes news of this most alarming decision from the Finnish Supreme Court: running an ice fishing competition without a lottery licence.

Supreme Court Rules on Lottery Offence in Ice Fishing Competition Case

The Supreme Court ruled on 30 December 2008 that an ice fishing competition can constitute a lottery in accordance with the Lotteries Act. […]

[T]he participants were entitled a prize of monetary value for each fish caught based on the weight of that single fish. The value of this prize rose substantially along with the weight classes, but at the

SLAW has had some recent posts on the availability of the works of Charles Darwin being available online (here and here), presumably as a result of tomorrow being the 200th anniversary of his birth.

Likely because of that anniversary, PBS in Buffalo/Toronto broadcast last night a documentary called “Intelligent Design on Trial.” The documentary can be viewed in clips at the foregoing link where there are also transcripts and extra video clips and links.

The show was a documentary on the attempt by the Dover Area School Board (in rural Pennsylvania) in late 2004 to . . . [more]

The visibility and relevance of foreign state (or sovereign) immunity has grown significantly in recent years. States and state-related entities are playing a growing role in international investment and commerce, while seeking civil remedies against states in domestic courts is increasingly seen as an important tool in holding states accountable for torture or other breaches of human rights.

State immunity, in its most traditional formulation, is the rule that a domestic court will not implead a foreign state in its proceedings without the state’s consent. It is, in effect, the expression of judicial deference to the executive’s responsibility . . . [more]

The Law Librarian Blog reminded readers today of the public policy statement that the American Association of Law Libraries submitted to the Obama-Biden Transition Team on December 23, 2008.

The policy wish list covers issues relating to:

• public access to government information
• the management of the life cycle of public information
• the creation of a standard method for citing primary legal information in the public domain
• government agency cooperation with the U.S. Government Printing Office’s Federal Digital System that has the capacity to accept, authenticate and provide continuous public access to information from all three branches of government
• protection and

Traditionally, a key indicator of the quality and the utility of any case citator is the breadth and depth of its coverage. The better citators purport to cover all of the cases reported in print. Law reports published by a competitor are included as a matter of course, both as an original reference and as a correlative or parallel citation.

Online databases and “electronic citations” have not been treated in the same manner. Initially electronic citations were not seen as “legitimate” citations and were considered to be unworthy of the same attention as print citations. Case citators ignored them. There . . . [more]

If you’re ever at a loss for a hit of quasi-judicial material that’s easy on the brain and fun to read, try the adjudications of Britain’s ASA (no, as Michael lines would say, not that ASA, or that, or that or…), the Advertising Standards Authority. The association’s adjudications are made available on a well-designed website, week by week, set out with brevity, and linked to the particular standard that was alleged to have been violated. The one that caught my interest involved a broadcast ad by Moët Hennessy UK Ltd. that:

showed a man sitting on a couch with

Caselaw databases are frequently described as being “comprehensive” collections of cases with the meaning of the word “comprehensive” left undefined. The exceptions, of course, are databases based on print series of law reports which are by definition “selective”.

Some but not all database providers do say that they have so many hundreds or so many thousands of judgments covering specific years or time periods. Some say nothing at all. A few provide further details of the number of decisions by court level but, in general, vagueness is the order of the day.

“Vagueness” is not an acceptable standard

Legal researchers . . . [more]