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Archive for ‘Substantive Law’

Copyright Video [Fail]

Are rapping Klingons the answer to copyright violation? Probably not.

In 1992, the Software Publishers Association, now the Software & Information Industry Association (SIIA), released a video, “Don’t Copy that Floppy,” aimed at youth to curb the use of copyrighted materials such as games. The video starred a rapper-lawyer M.E. Hart, as well as interviews with various persons from the industry.

The digitally remastered 1992 video is available on Hart’s YouTube Channel.

This past week SIIA released a sequel to the video, focusing on copyright of games, music, and software. It starts out with a bunch of contemporary . . . [more]

Posted in: Substantive Law

40th Anniversary of Canada’s Official Languages Act

Forty years ago, on September 7, 1969, the Official Languages Act officially came into force.

The legislation recognized the equal status of English and French in federal institutions and in Canadian society.

All week long, the Office of the Commissioner of Official Languages is marking the occasion through meetings, discussions, and exhibitions.

As Graham Fraser, the Commissioner of Official Languages, wrote in the August 31, 2009 edition of The Hill Times:

“Bilingualism ‘is at the core of what this country means’ but Canadians don’t have a sense of ownership of both official languages, says Graham Fraser, the Commissioner

. . . [more]
Posted in: Legal Information, Substantive Law

Art Theft and Interpol’s Database

The Guardian carried a story this weekend on Interpol’s online database of stolen art objects. The idea is that by making information — photos, dimensions, etc. — available to art dealers and interested members of the public, it might become harder for thieves to sell on stolen art, at least to unwitting buyers.

What intrigued me was that despite talking about the database website and the fact that 400 people had applied for passwords to view the art the Guardian piece failed to give its readers a URL for the site. I’ve banged on about this before, I know; but . . . [more]

Posted in: Legal Information, Substantive Law

Stunt Driving Law Unconstitutional…for Now.

The controversial cash grab…er, law…known as s. 172(1) of the Highway Traffic Act along with Regulation 455/07 have been deemed unconstiutional by a Judge in Napanee in the case of R v. Rahman (unfortunately, the case is not currently reported and therefore I cannot provide a full text of the decision but thank you to James Morton for summarizing the case on his blog).

The law essentially creates serious penal consequences for excessive speeding (anything over 50kph above the posted limit) and had been challenged constitutionally before in several failed attempts. This time around, Justice Griffin was convinced that . . . [more]

Posted in: Substantive Law

McSlaw?

As someone with Scottish heritage (no, not the Tjaden side), it was fun to read the news stories about the trade-mark battle in Malaysia in which McDonald’s failed in its attempt to block a curry restaurant whose nomenclature was Malaysian Chicken Curry from using McCurry as its name.

What about McSlaw for Multi Content Slaw?

I doubt Simon McFodden would go for it . . . . . . . [more]

Posted in: Substantive Law

Privacy Fail: Anonymization

Data about individuals can be a valuable resource. Organizations holding personal information often aggregate or anonymize that data in order to gain valuable information on various trends. From a privacy perspective, that’s perfectly acceptable, as individuals can no longer be identified. Or can they?

The caveat is that is has been known for some time that it is not as easy to anonymize individual data as one might think. Reidentification of individuals by comparing anonymized data to other sources of data has been surprisingly easy in some cases.

Slashdot points to an ars technica article that talks about a paper . . . [more]

Posted in: Legal Information, Substantive Law, Technology

A Comment on Legal Education, Labour and Employment Scholarship and Labour and Employment Practice

This is a great time to be a Canadian labour and employment lawyer, but Canadian law schools now employ fewer full-time labour and employment professors than they have in decades. This post highlights the issue and invites comment about the relationship between our law schools and the maintenance of a vibrant and well-qualified labour and employment bar.

The declining faculty issue first caught my attention when, in February, York University professor David Doorey published a blog post entitled “Employment Law Practice is Booming, But Someone Should Tell the Law Schools.” Professor Doorey noted the significance of labour and employment issues . . . [more]

Posted in: Education & Training, Education & Training: Law Schools, Legal Information, Practice of Law, Substantive Law

The Law Of. . . Pond Scum?

Just when you thought every niche had been filled, up comes an area of practice to remind you that this is a more wrinkled world than we are typically aware and the practice of law is a force second only to life itself, perhaps, when it comes to occupying all imaginable spaces: there is a law of algae.

It occupies a website, too, of course, which, appropriately is LawOfAlgae.com, a.k.a. Stoel Rives LLP, a Minneapolis firm specializing in renewable energy. Which is where algae comes in. Evidently it is an up-and-coming source of biomass from which to make . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Practice of Law, Practice of Law: Marketing, Reading, Substantive Law

LCO: Extending Our Reach

I’ve talked before about how important outreach and consultation are to the Law Commission of Ontario. We try to reach professional organizations and groups (lawyers, of course, but others, too, such as engineers, architects and accountants so far) and community-based groups (the Ontario Coalition of Rape Crisis Centres, and the Council on Aging Frontenac-Kingston, to name two of many), as well as legal clinics which are a bit of a hybrid. Now we’ve allocated additional resources to this commitment. . . . [more]

Posted in: Substantive Law

Whelan on Cost-Effective Legal Research

The August 2009 issue [pdf] of the Ontario Bar Association’s magazine Briefly Speaking/EnBref has an article by David Whelan, Manager, Legal Information for the Law Society of Upper Canada on using free and inexpensive legal research tools called “Right Size Your Research”–see pages 24 and 25 [pdf]. I like that he emphasizes texts as a starting point, and of course endorses use of law libraries as a helpful resource. This is a nice round-up of resources for those looking to economize, especially for legal researchers who do not already have flat rate subscriptions to major online legal research . . . [more]

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

9th Circuit Rules Terror Witnesses Can Sue

The decision that has the law world buzzing this weekend is the release this Friday of Abdullah Al-Kidd v John Ashcroft.

The Plaintiff is an American-born citizen who converted to Islam while he was a running-back at the University of Idaho. He was arrested in Dulles International Airport and transferred to several facilities for interrogation for a total of 13 months, leading to the termination of his job and subsequent difficulty finding employment when he was finally released.

Most employers are not too keen on hiring people that are treated by the government as a common terrorist.

The problem . . . [more]

Posted in: Substantive Law

$150m More Legal Aid for Ontario

There has been a legal aid boycott in Ontario by senior lawyers, protesting underfunding of the service in the province, especially for complex cases.

A report by Prof. Michael Code of UofT and the Hon. Patrick LeSage commissioned by the Attorney General of Ontario found that the previous system was placing cases in the hands of lawyers who were probably inadequately prepared to deal with them.

The Attorney General has responded to these issues by pledging an additional $150 million over the next four years for legal aid, a 21% increase, the largest in its history. Min. Bentley said, . . . [more]

Posted in: Practice of Law, Substantive Law

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