Full disclosure: It still feels like summer out here in BC, and I have not been keeping up on my usual law reading. A whimsical mood has set in. While I will try to link this next bit to the practice of law… well, I can’t promise to be convincing.

I’m always very interested to see how different media, such as blogs or Wikipedia articles, find their way as authorities into reasons for judgment. Earlier this year I popped a comment up on CanLII Connects about what might be the first Canadian judgment to cite a law blog for its . . . [more]

Looking for a quick entry point into the Canadian Bar Association‘s “Futures: Transforming the Delivery of Legal Services in Canada“? Or maybe you’re the type that prefers a visual approach to learning and digesting information. Either way you will surely appreciate Margaret Hagan‘s infographic recently posted at the Open Law Lab.

The Open Law Lab is “an initiative to design law: to make it more accessible, more usable, and more engaging.” And if you are interested in infographics the Open Law Lab has a wonderful collection in their Visual Law Library. You can . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Entertainment & Media Law Signal  2. BC Injury Law and ICBC Claims Blog 3. Western Canada Business Litigation Blog  4. The Court  5. Precedent

Entertainment & Media Law Signal
#Monkey-Selfie

The monkey is back! The dispute between Wikipedia and the British photographer David Slater recently reported in various news . . . [more]

Skeuomorphism is a word that describes when a digital object incorporates elements of the equivalent physical object even though it is not necessary to do so. For example the calculator on an iPhone is mimicking a physical calculator in its use of the “C” button. One advantage of skeuomorphism is that it gives users some kind of reference point when switching from a physical to a digital object.

eBooks and e-libraries frequently employ skeuomorphism. eBooks may incorporate elements of physical books such as layout, bookmarks, and page numbers, even though the page numbers may change based on the device used . . . [more]

The legal memos from 2004, over a decade ago, outlining the power of the President to use wiretapping, have been obtained through a Freedom of Information Act lawsuit by the American Civil Liberties Union and Electronic Privacy Information Center.

The project was called Stellar Wind, and allowed the National Security Agency (NSA) to collect information, even when it was contained in the U.S., as long as one end of the communications was overseas and a party was believed to be connected to terrorism.

Jack Goldsmith, Assistant Attorney General at the time, wrote in a memo from May 2004,

…the

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Le fait que le requérant avait déjà été avisé de ses droits à la suite de son arrestation pour entrave ne libérait pas les policiers de l’aviser de nouveau lorsqu’ils ont eu des soupçons de conduite avec les facultés affaiblies et lui ont donné l’ordre de fournir . . . [more]

The Australian Law Reform Commission released a report earlier this week on Serious Invasions of Privacy in the Digital Era .

The report proposes a new tort remedy for invasions of privacy that are serious, committed intentionally or recklessly and that cannot be justified as being in the public interest — for example, posting sexually explicit photos of someone on the Web without their permission, a topic much in the news recently because of the massive leak of nude photos of some of Hollywood’s biggest female celebrities.

The document also recommends a range of defences to protect free speech: . . . [more]

Every year at this time I head on over the Beloit College website to see just what the coming year(s) have in store for me and Beloit College produces the very striking “Mindset List”, which never fails to land a few jarring blows. The Mindset List, “provid(es) a look at the cultural touchstones and experiences that have shaped the worldview of students entering colleges and universities in the fall.” And remember even if you are not associated with academia the 1L list are the people that will be applying to work with you in the coming months.

Firstly, let’s . . . [more]

“By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third, by experience, which is the bitterest,” Confucius

An important aspect of access to justice is the skill of adjudicators in both managing hearings and issuing decisions. How do we ensure that we have the right adjudicators to efficiently and fairly manage the hearing process as well as issue timely and fair decisions?

The appointment process is critical for selecting people with the right aptitudes and work ethic. However, the appointment process is not within the control of tribunals and . . . [more]

Few things are as boring as someone else’s dream.

If you don’t believe me, I invite you to sample some dreams recorded as part of a research project and accessible at the DreamBank. Here’s a dream chosen at random:

A group of friends and I are standing in a long line of people waiting to enter a patriotic shrine or public monument. The group is in a rowdy mood and there is much joking and kidding. As we walk single file through an underground hallway at the entrance we notice that there are signs hanging on the walls spelling

The Working Group on Lawyers and Real Estate is tasked with focusing on issues facing the real estate lawyer and creates tools for lawyers to become more efficient and better serve their clients. One of its latest projects is to create a set of province-wide precedent materials which lawyers can use and adapt for their residential condominium practice, which sufficiently informs the clients, sets out the parties’ duties and obligations and manages the risk inherent in the condominium transaction. For further information on the Working Group or any of its initiatives, visit www.lawyersworkinggroup.com.

The Condominium Documents Subcommittee has released . . . [more]

You will probably recall the litigation in the US a couple of years back about whether someone’s ‘like’ on a Facebook page was constitutionally protected ‘speech’.

An employee of a municipal sheriff had Liked the page of a candidate running against the incumbent sheriff. When the incumbent was re-elected, he fired the employee. The court of first instance held that the Like was not political expression and not protected against retaliation. On appeal, that decision was reversed – the Like was political speech – but the firing was upheld for other reasons.

The US National Labour Relations Board has recently . . . [more]