Yes. You read the title correctly.
No. I’m not crazy. Although one might argue that point considering that I am about to propose a solution to the intractable problem of impaired driving that would, if implemented, wipe out a large percentage of my practice.

When the typical impaired driving client approaches me they invariably express one or both of the following two concerns: first, they want to avoid the stigma of a criminal record and second, they want to keep their driver’s licence. As the law now stands, neither of these objectives are possible without winning the case outright. If . . . [more]

In anticipation of a possible copyright reform bill in Canada in the Spring of 2010, the Canadian Association of Research Libraries (CARL) issued a statement today reiterating its September 2009 position on copyright reform:

Fair dealing – Fair dealing is critical to a balanced and fair copyright regime. Copyright law reform must not limit or narrow fair dealing.

Damages and fair dealing – A change in the law should ensure that a user of a copyright-protected work is not subject to damages where he had reasonable grounds to believe that an activity is fair dealing.

Technological protection measures – Circumventing . . . [more]

Modern states tend to keep meticulous records. This bureaucratic penchant lets us see how truly bizarre one aspect of the Texas justice system is. Thanks to a chart prepared by the Texas Department of Criminal Justice, I can tell you that: since 1982 209 people have received capital punishment at the hands of that state; I could even tell you their “races,” as if that mattered. Another chart, this listing information on all executed offenders, will give you a photograph of the convict, some scanty information about the crime that led to execution, and the executed person’s “last statement.” . . . [more]

I promise not to get in the habit of cross-linking to my own blog, but it’s worth adding something to the Slaw record on the February 4th student speech decisions of the United States Third Circuit Court of Appeals, even by way of cross-link. Layshock v. Hermitage School District and J.S. v. Blue Mountain School District deal with sanctions imposed by school boards for “misuse” of social media in strikingly similar circumstances, but the Court reached the opposite conclusion in each case. As I argue here, the conflicting awards illustrate a dialogue about whether to recognize the unique impact . . . [more]

Internet Law News today reports that a judge who went online to check some facts about a case before him did not invalidate his decision: U.S. v. Bari, U.S. Court of Appeals for the Second Circuit, No. 09-1074.

The court held that judges may note facts “not subject to reasonable dispute” that can be learned from accurate sources. The judge may “confirm his [or her] intuition”.

Does this sound right to you? How would you apply those two criteria (re dispute and re accurate sources)?

OTOH how do you prevent a judge from doing this? Is it realistic or . . . [more]

Luxury good maker Louis Vuitton Moet Hennessy (LVMH), who produces Moet & Chandon champagne and Dior perfume, claimed that Google’s advertising polices violated their trademark. The practice in question was the use of key words related to brand names by counterfeiters, who would then link to online stores.

Based on reported coverage of the case, the European Court of Justice made several main findings in a decision released this morning:

1. Google has not infringed copyright simply for allowing companies to purchase trade mark key words
2. Google cannot be liable for advertising requests if it removes them when informed that

. . . [more]

This Week in Biotech was notable for the passage of comprehensive health reform legislation in the U.S. The bill will have major ramifications for coverage, cost, and insurance markets South of the 49th. It will also have global implications for biotech and pharma companies, shaping two major industry trends:

First, the bill includes a 12-year exclusivity period for new biologic drugs. The EU and Canada have chosen to provide only 6 years’ protection, as discussed in a post on Health Canada’s finalized Guidance Document this week. Because these drugs are complex to begin with, there is a high . . . [more]

In catching up on the news about the progress of the US health care bill, I was interested in the mix of media that provided the news. Notably, the Google News page on US House passes healthcare reform shows an interesting mix of media (click on image for a larger view):

In addition to news stories from a range of sources, I note the Barack Obama quote pulled out (was this automatically generated after being repeated by numerous sources?), and the time line with list of stories on the right. Scrolling further down on the page reveals additional related photos . . . [more]

Pharmaceutical companies are heavily regulated in the manner in which they can advertise to consumers. And for good reason – drugs are highly effective in addressing medical conditions, but also potentially dangerous when used improperly or interacting with other medications.

The U.S. Food and Drug Administration (FDA) is currently reviewing submissions from the pharmaceutical industry about the use of social media, and is expected to release new rules by the end of the year.

The role of social media in educating the public is something that should not be underestimated. Eric Ruth of the Delaware Online said,

On both sides,

. . . [more]

Some substantive law on issues involving criminal law and web access using the current means of access: a computer. 

R. v. Morelli, 2010 SCC 8

Fish J ( McLachlin C.J. and Binnie, Abella JJ concurring) 

[1] This case concerns the right of everyone in Canada, including the appellant, to be secure against unreasonable search and seizure. And it relates, more particularly, to the search and seizure of personal computers.

[2] It is difficult to imagine a search more intrusive, extensive, or invasive of one’s privacy than the search and seizure of a personal computer. 

[3] First, police officers enter

. . . [more]

This morning’s Globe and Mail contains a story about the application of the Toronto-Dominion Bank to obtain approval of the trademark WOW. Apparently, TD (having bought the New Jersey bank Commerce Bancorp) already has the trademark to WOW and WOW! in the United States.

A search of the Canadian Intellectual Property Office Trade-Mark database reveals that WOW, alone and in phrases, shows up in 180 applications, variously approved, expunged, abandoned etc. WOW, all by itself, has been approved as a trade-mark of, among others, Novartis AG veterinary preparations, Playtex in connection with “ladies’ underwear and foundation garments”, and for . . . [more]

Bill 37, the Child Pornography Reporting Act will amend the Child and Family Services Act to require Ontario organizations who find child pornography on their computer systems to report it to the authorities, or face serious penalties. The bill received Royal Assent on December 10, 2008, but has not received proclamation to come into force. However, this may change in the near future.