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Archive for ‘Substantive Law’

“Blasphemer” They’ll Say!

Amongst the many pieces of legislation to come into force on January 1, 2010 is the Defamation Act 2009 in Ireland. The Irish Constitution at article 40.6.1 calls for blasphemy to be a crime “The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.” Conveniently enough; however, until January 1, 2010 there has not been a legal definition of what constitutes blasphemy in Ireland. So blasphemers in Ireland have been gotten off until now, kind of like how I’ve never had to shovel the highways here in Nova Scotia. . . . [more]

Posted in: Legal Information, Substantive Law

A Real Debate About Privacy and Security

I often wonder why it appears that only a small handful of people are regularly engaged in real discussions about what is happening with privacy in Canada. These discussions typically — at least in my experience — take place on blogs, tweets flying around the ‘net and regular submissions to parliament by organizations like the Canadian Bar Association. Security breaches regularly get coverage in the media but the creeping erosion of privacy in pursuit of crime-free neighbourhoods and safe travelling seldom gets much attention.

The proposed implementation of body scanners in Canadian airports is a major exception to this and . . . [more]

Posted in: Substantive Law, Technology

Trial of California Prop. 8 Challenge to Be on YouTube

As everyone will know, California’s Proposition 8, passed in November of 2008, added this section to the state constitution: “Only marriage between a man and a woman is valid or recognized in California.” On January 11, the constitutionality of that law will be challenged in the U.S. District Court for the Northern District of California (USDCCAND) in a case styled Perry v. Schwarzenegger. The case has elicited such public interest — see, e.g., the nifty media guide [PDF] issued by the court — that the judge in the matter has ruled that it be broadcast on YouTube.

At . . . [more]

Posted in: Legal Information, Substantive Law

Canadian Authors Launch Petititon Against Google Book Settlement

A group of Canadian authors has launched an online petition to protest the proposed settlement intended to put an end to a class action copyright lawsuit by U.S.-based author and publisher groups over Google’s plans to make and sell digital copies of millions of books.

In November 2009, the settlement was amended so that it would now apply only to books registered with the U.S. Copyright office or published in the U.K., Australia, or Canada.

The Book Rights Registry board, the entity that will be responsible for paying authors and publishers from revenues earned by the digitization project, would also . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Reading, Substantive Law, Technology: Internet

Juristat Study on Multiple Victimization

The Canadian Centre for Justice Statistics (Juristat), part of the Statistics Canada organization, has released “Multiple Victimization in Canada, 2004” by Samuel Perreault, Julie Sauvé, and Mike Burns. There’s a version in HTML and in PDF.

As the title suggests, the study looked at data on repeat victimization within the population, both as concerns violent crimes against the person and crimes against property (“household crimes”). In 2004, of all Canadians who reported being victims of violent crime, rather more than a third (38%) reported being victimized multiple times, accounting for almost two thirds (60%) of all violent crimes. Of . . . [more]

Posted in: Legal Information, Substantive Law

House of Commons Procedure and Practice, 2d Ed (2009) (O’Brien and Bosc)

In a post last Fall called Finding and Updating Canadian Federal Private Acts, I provided a link to the House of Commons Procedure and Practice (Marleau and Montpetit).

With the prorogation of Parliament and the controversy over that, it may be that researchers will be investigating Parliamentary procedure. Since my post last Fall, I see there is a new 2009 second edition of House of Commons Procedure and Practice (edited by Audrey O’Brien and Marc Bosc) available here (at a different URL), tabled in the House on November 18, 2009. I assume we can no longer refer to the . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law: Legislation

Canadians Against Proroguing Parliament

With the controversial prorogation of Parliament last week comes a new grassroots movement, Canadians Against Proroguing Parliament. Started only a few days ago by University of Alberta student Christopher White, this group is organized via a Facebook group and currently boasts over 30,000 members.

The idea behind the group is to ask Members of Parliament to return to Parliament despite the prorogation. The precedent being cited is the so-called Long Parliament that, according to Wikipedia, took place in England in the 1600s after the English Civil War. The Facebook group includes a sample letter to MPs inviting them to . . . [more]

Posted in: Substantive Law, Technology

Catching Up With the Law Librarian Podcast

It’s been a little while since I wrote about The Law Librarian podcast created by Richard Leiter and available over at BlogTalkRadio and iTunes. I am one of several regular panelists; panelists now take turns participating in the shows depending on the topics. Richard has also expanded the schedule from once a month to once a month plus frequent updates, which will hopefully mean a new show every couple of weeks.

In case you missed them, the last two shows are:

Google Scholar Legal Opinions and Journals: A Conversation with Anurag Acharya (Dec. 4/09)
– Anurag Acharya is a . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Judicial Decisions, Technology

ICANN Infringe Trademarks in Unicode

Simon Chester previously mentioned the Internet Corporation for Assigned Names and Numbers (ICANN) move towards Internationalised Domain Names.

One of the unanticipated consequences is how words in non-Latin scripts convert within browsers in unicode.

Nigel Kendall of the Times Online explains,

The problem for Western users is that the internet addresses of many well-known companies, such as Apple, Yahoo, Google and PayPal, can also be rendered to look identical in Cyrillic scripts, such as Russian.

To a Roman-reading eye, an e-mail containing a link to any one of these sites might appear genuine,

. . . [more]
Posted in: Substantive Law

Ontario E-Discovery Rules of Civil Procedure Now in Effect

With the arrival of 2010, the new Rules of Civil Procedure came into effect in Ontario, as announced on the website of the Ministry of the Attorney General. Rules were substantially reformed in an effort to achieve Honourable Coulter A. Osborne's goal to “make the civil justice system more accessible and affordable." The reforms include changes to Summary Judgment, Mediation, Third Party Claim, Discovery, and dozens of other rules. Of particular interest to Slaw readers, the changes related to discovery represent a positive step towards control over the time and expense associated with civil proceedings in this new era of e-discovery.
Posted in: Practice of Law, Substantive Law

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