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Nobel’s Will and the Peace Prize

Norwegian lawyer Fredrik Heffermehl, who holds an LLM from NYU, argued in his book, Nobels vilje published in 2008, that half the awards of the Peace Prize have not conformed to Alfred Nobel’s 1895 testamentary intentions. Now his book is about to be published in translation as The Nobel Peace Prize: What Nobel Really Wanted and the issue is being mooted in the English-speaking press.

Heffermehl’s interpretation is that “Nobel did not establish a prize for ‘peace’ in whatever guise, but a prize for work for peace in certain ways and certain fields” [emphasis in the original]; . . . [more]

Posted in: Substantive Law: Foreign Law

The Paperless or Virtual Office – It’s a Mindset

There has been much written on Slaw and other places about the paperless office, or the virtual office. 

My personal view is that for the most part, we either already have the tools to accomplish it, or if we don’t have them, they can be acquired at low cost. The barrier is mostly our will to do it. Some people don’t see the need, or have a hard time giving up paper, or just find it hard to change.

Technolawyer points to an article that’s worth a read by New York lawyer Jay Fleishman entitled Being a Virtual Lawyer is . . . [more]

Posted in: Practice of Law, Technology: Office Technology

2 Txt or Not 2 Txt

About a month ago, I gave up my private practice to accept a position as in-house counsel. It posed an interesting challenge, both logistically and professionally. Logistically in the sense that I now had an office full of furniture, files, equipment and knick-knacks that had to be either dispersed or stored, and professionally in that my new employer’s industry (mining services) was almost completely foreign to me. 

It turns out that both the logistic and professional challenges are proving a bit easier to manage than I had initially thought (which is certainly a relief). However, some new issues are arising . . . [more]

Posted in: Practice of Law

A Chat With Chris Berzins on Administrative Tribunals, Privacy and the Practical Obscurity of Information

Chris Berzins is a long-time member of the Canadian administrative tribunal community and someone whose writings I’ve followed for some time. When he recently forwarded a copy of his most recent article – called “Administrative Transparency and the Protection of Privacy in a Digital Era,” now published in the May 2010 supplement of The Advocates’ Quarterly – I jumped on the opportunity to invite him to an interview.

We talked last week, and had a wide-ranging conversation that led me to conclude that Chris is a guy who has a very honourable commitment to seeing that administrative tribunals do things . . . [more]

Posted in: Substantive Law, Technology: Internet

Copyright and Licensing Positions for Librarians and Other Non-Lawyers

The recent issue of The Copyright & New Media Law Newsletter is a special issue focussing on jobs and positions for non-lawyers including librarians, educators, communications coordinators and others. You can obtain a free copy of the Newsletter, subject to a creative commons license at www.copyrightlaws.com.

Lesley . . . [more]

Posted in: Announcements, Reading

Ontario Law Society Report on Gender and Racialization in Profession

The Law Society of Upper Canada commissioned a study by Michael Ornstein at York University’s Institute for Social Research, resulting in a report, Racialization and Gender of Lawyers in Ontario [PDF], presented to Convocation in April of this year. As expected — and, in my view, hoped — membership in the profession by visible minorities, Aboriginal people, and women is in fact growing. This growth has been dramatic in the case of women: in 1971 women accounted for 5% of the profession, whereas in 2006 they constituted almost 60%, as revealed in the chart below.


Click image to enlarge . . . [more]

Posted in: Legal Information: Libraries & Research, Practice of Law

Silly Season

I ran across this today while on a search for something else. At first, I just found it amusing. Now I’m thinking it’s a brilliant bit of viral marketing for Paul Pearson’s firm, Mulligan Tam Pearson.

In addition to the 4,000+ views, Pearson has been featured in a Victoria Times-Colonist article. And now a mention here. Who could ask for anything more? :) . . . [more]

Posted in: Practice of Law: Marketing

Retroactive Injustice

One of the most wrenching questions in environmental law is who should pay for historic contamination which was legal at the time. There is no moral difficulty in holding today’s polluters responsible for the consequence of their acts. But historic contamination, the unintended result of perfectly lawful conduct, is different. Inco has been ordered to pay $36 million in damages for lost property value, after 2000, due to nickel emissions before 1984 that were legal at the time: Smith v. Inco 2010 ONSC 3790

Is this just?

The rule of law is an essential part of the fundamental bargain that . . . [more]

Posted in: Justice Issues

Modernizing BC Family Law

On July 19, 2010, the BC Attorney General released a white paper
containing draft legislation and policy proposals to significantly amend legislation in BC related to family law.

The suggested changes include the following:

– Enabling parenting coordination by agreement or court order;
– Amending the Commercial Arbitration Act to address family arbitrations;
– integrating reproductive technologies into determining a child’s legal parents;
– Replacing the terms “custody” and “access” with “guardianship” and “parenting time”;
– Defining “guardianship” through a list of “parental responsibilities” that can be allocated to allow for more customized parenting arrangements;
– Extending the legislative property . . . [more]

Posted in: Substantive Law

This Week’s Biotech Highlights

This week, as Quebec moved towards paying for in vitro fertilization with the goal of reducing expensive and risky multiple births (which may or may not work), it was hard to find a singleton in the world of biotech.

Twin diagnostics projects were born this week as Warnex, the Montreal Heart Institute & CEPMED announced ; and to combat childhood diseases.

Vancouver-based Forbes Medi-Tech , as Pharmachem expressed interest in topping a prior bid by MHT.

Finally, the Canadian industry as a whole got a mediocre second fiscal quarter to match 2010’s first mediocre quarter, though Wayne Schnarr . . . [more]

Posted in: Technology

Access Copyright Wins in Federal Court

According to a press release issued by Access Copyright, “Canadian creators and educational publishers have won a six-year legal battle to receive reasonable compensation for the reproduction of copyright-protected teaching materials used in the classroom”. Access Copyright is the organization that collects and distributes revenue to authors and publishers from photocopy licenses negotiated with ministries of education, corporations and the like.

In 2009, the Copyright Board of Canada certified a tariff to compensate creators and publishers for the photocopying of their works in K – 12 Schools. The provincial Ministers of Education then asked the Federal Court to review the . . . [more]

Posted in: Education & Training

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