Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Learning Professionalism in Practice
Shelley Kierstead & Erika Abner
(2013) Osgoode CLPE Research Paper No. 59/203

Excerpt: pp. 35-38

The Hidden Curriculum in Law Firms

In addition to examining the stated curriculum and the interpersonal curriculum in the workplace, available studies also describe components of the hidden curriculum in law firms.

Policy Development . . . [more]

Earlier today, one of our law graduate students gave a delightful performance of a poem, Why I’ll #IdleNoMore. The poem earned Michelle first place in the annual diversity writing contest the University Library sponsors in conjunction with the Provost’s Diversity Research Forum.

Michelle’s performance was evocative and thought-provoking, as is the poem itself: She rapped about the goals of the Idle No More movement, and about activism as an ally of that movement.

As stimulating to me as her performance were the remarks with which Michelle prefaced it. She spoke of how, were it not for her time . . . [more]

The limitations and restrictions regarding social media use during the 2014 Winter Olympics Games continue to be controversial. While the International Olympic Committee (“IOC”) has eased up on their social media restrictions over the years, the IOC guidelines are fairly similar to the guidelines provided for the London 2012 Olympic Games.

(So no apparent extra control over social media as compared to prior Olympics – unlike allegations that participants and athletes will face the most invasive and massive surveillance ever, including monitoring of all communications, and allegations that it is the most corrupt Olympics in history. )

Take . . . [more]

Why is it still so common to see a panel predominantly made up of middle-aged white male lawyers on the dais at a legal conference or CPD session? I noted this again at a legal conference I attended last week. Of course, there were exceptions – the panel of women in corporate counsel positions and the Aboriginal law panel, for example – but shouldn’t a gender balanced, diverse panel of speakers now be the rule, rather than the exception?

These questions have been roiling about my mind since last fall, when I read the numerous, thoughtful comments to my Slaw . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Hryniak v. Mauldin 2014 SCC 7
   

   [1] Ensuring access to justice is the greatest challenge to the rule of law in Canada today. Trials have become increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they are sued, and cannot afford to go to trial. Without an effective and accessible means of enforcing rights,

Since 2010, those of us in the online dispute resolution (ODR) community have usually either ended the year or begun the new one reading reports from the November session of the United Nations Commission on International Trade Law’s (UNCITRAL) Working group on online dispute resolution (Working group III or WG3) to see what – if any – strides have been made since the preceding Summer session. We (and others) have discussed at great length the work being done by this working group and have even expressed our doubts as to whether said work would ultimately be useful . . . [more]

Last week, the Supreme Court of Canada released an important decision explaining when summary judgment rules can be used to resolve civil litigation disputes. Omar Ha-Redeye posted about the decision last week.

Some Supreme Court decisions are targeted at the litigants in a case. Other times, Members of Parliament who have to write new laws. Although the decision has messages for everyone, I think the Supreme Court’s decision in Hryniak is aimed in many ways at Ontario’s court system itself.

The Supreme Court of Canada extensively discussed “tools to maximize the efficiency of a summary judgment motion,” concluding . . . [more]

I have wanted to write about this case for a while now, but waited to see if it would be appealed any further after last summer’s Iowa Supreme Court ruling. Unfortunately, it has not.

On December 21, 2012, the Iowa Supreme Court unanimously upheld the district court’s decision that firing a female employee because she is too attractive does not violate the state’s Civil Rights Act. In that specific case, James Knight, a dentist, fired his dental assistant of ten years, Melissa Nelson, solely on the basis that he had become attracted to her and she had become a threat . . . [more]

find∙a∙bil∙i∙ty n. – “the ease with which information contained on a website can be found, both from outside the website (using search engines and the like) and by users already on the website”
(http://en.wikipedia.org/wiki/Findability)

I prefer this term to “search” as it focuses on outcomes (how easy it is to find something), rather than inputs (what someone may or may not put into a search box). It also transfers the onus onto those in KM to make something really easy to find, rather than on lawyers knowing what they should or shouldn’t be typing into that box.

I’ve . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice.

Technology

How to Tell Which Side of the Car Your Gas Cap Is On
Dan Pinnington

The location of the gas cap on any car you own or drive regularly is probably second nature to you. But when you drive a rental car into a gas station, how do you know which side the gas cap is on? Can you spot it in the side view mirrors? Probably not. Do . . . [more]

Back in October, I wrote about a case where the plaintiff’s lawyer accepted an offer to settle from the defendant, knowing full well they had no instructions to do so, in the hopes that they could in turn convince their client to accept the (already accepted) offer.

When the plaintiff refused to accept the offer, the defendant brought a motion to enforce the settlement. Justice Price held, correctly, that it would not be fair in the circumstances to bind the plaintiff to an offer that her lawyer accepted without her instructions and dismissed the motion. In doing so, Justice Price . . . [more]

The 2008 Law via the Internet conference got things started; October 3, 2011 marked the first meeting specific to the EuroLII initiative. January 2014, the EuroLII Observatory site launched with the aim at answering the question of how European countried promote and improve free access to law.

The site provides a jumping off page to the European Law overview page at WorldLII which helps searchers determine data coverage as well as search.

Some of the new content added to WorldLII January 28, 2014 includes:

Portuguese Constitutional Court Summaries
Portuguese Constitution 2005
Vatican City Laws
Bulgarian Laws
Azerbaijan Laws
Albanian Constitutional . . . [more]