the (proclaimed by others) progenitor of the law and economics movement.

http://www.worldeconomicsassociation.org/newsletterarticles/ronald-coase-1910-2013-by-david-westbrook

The appeal of the Coase theorem, and to lesser extent the “Theory of the Firm,” to legal scholars is somewhat puzzling. While many law professors resisted the impulse to explain the world in terms of implicit contracts and around alleged costs (the even more speculative reliance on alternative uses of factors of production has been, to my knowledge, ignored), more subscribed. This is odd. One might have thought that lawyers would viscerally sense the importance of history, of power, of institutional arrangements — of lots of things besides

. . . [more]

Earlier this month here in Nova Scotia we undertook an exercise in democracy, the very foundation of our legal system. From a numbers perspective two very interesting numbers came out of that exercise. Firstly, the results of the election proved to be the first time in 130 years that a first term government in Nova Scotia was not returned to power. This is not a political blog so I’m not going to go into any depth on that point other than to say that something happening for the first time in 130 years sounds like a significant event but actually . . . [more]

I had my first cullen skink the other day.

I felt a little as dear M. Jourdain must have felt when he learned he’d been speaking prose all his life, for I’ve had many a chowder in my time that’s come within a ace of skink, had I but known it. Finnan haddie, potatoes, onions, milk or cream. But the name! A delicious mouthful all on its own. Cullen’s a town pretty much in the top right-hand corner of Scotland, and skink, well that’s a Scottish word originally for a shin of beef but later generalized to mean a . . . [more]

SLAW contributor Mitch Kowalski was in Australia speaking as a “legal futurist” on our national radio legal show, The Law Report, while here I am writing in a Canadian publication.

The old “Prophet in a foreign land” phenomenon was evident particularly when telling Australians about the only two law firms in the world to have been publicly floated — both Australian.

I did a similiar thing by bringing legal IT visionary Peter C Hart out to Australia from Canada in the late 1980’s and early 1990’s. The great thing about bringing an overseas expert is that they get attention. Though . . . [more]

I wrote last month on a recent conference, The Future of Law School. The backchannel and later discussion was considerable, as I’ve noted, and several others wrote about the rich panel presentations and their own ideas about the future of law school. Weeks later, I still find myself pondering ideas from it often. I’m thinking lately about the place of the law school and its connection—in Canada—to the university and its library.

The focus of the conference was where law school curricula are, should be, or could be headed. Participants and presenters discussed various factors that do or might drive . . . [more]

A recent report shows that US government spying has gone even farther beyond what Edward Snowden disclosed. The National Security Agency has apparently broken the security of two major in-the-cloud email systems, Gmail and Yahoo! mail. The story reports that the spy agency intercepted metadata and content of over 180,000,000 emails in the space of a month.

Does knowledge of this activity mean that a lawyer who uses one of these services for business email waives privilege in the content? Is it like speaking to your client in a criminal matter with a police officer clearly within earshot?

Or does . . . [more]

Stepping outside legal subject matter for a moment, did you know that top reviewers on Amazon are publicly listed? Amazon values this group’s contributions enough to maintain a Hall of Fame, and cultivates further engagement through its Vine program, where members are given a box of free samples (once or twice a month) in exchange for delivering a couple online reviews.

NPR has an interesting post about the amount of free samples that simply show up “out of the blue” for Amazon’s top reviewers. This despite the fact that “Vine reviews have fewer stars, on average” within . . . [more]

The announcement yesterday of the newly minted LeClairRyan Legal Solutions Center should provide another shockwave to an American legal profession that is already in distress.

National law firm of LeClairRyan (22 offices and 350 attorneys) and LPO UnitedLex (1,100 attorneys engineers and consultants), will now collaborate to provide “a wide range of support services and incorporate best-in-class technology and quality control processes which will be uniquely integrated into the law firm’s litigation and transactional practice areas….[allowing clients to obtain]….more comprehensive, value-based services at a lower and more predictable cost.

“The LeClairRyan Legal Solutions Center is an important part of . . . [more]

The business case for diversity is a strong one, says Omar Ha-Redeye, but paradoxically it rarely encourages change.

The issue of diversity – or the lack of it – extends across most spheres but studies have shown the legal profession to be a particularly noted offender; Dr. Arin Reeves, speaking at the 2013 CBA Legal Conference in Saskatoon this summer said this is the case no matter the country.

Diversity was the topic of the fifth weekly CBA Futures Initiative Twitterchat Tuesday night. Moderator Ha-Redeye encouraged participants to discuss the reasons for the lack of diversity in the profession, and . . . [more]

One to watch — but not spy on, perhaps: the Dark Mail Alliance is aiming to develop the software to enable email that has end-to-end encryption in order to frustrate government efforts to read your post. At the moment the alliance with the name that only Darth Vader could love comprises Silent Circle and Lavabit, though the invitation to join them is extended to any others who share their mission to develop and:

 . . . to open source the protocol and architecture and help others implement this new technology to address privacy concerns against surveillance and back door threats

. . . [more]

Instead of calling a fall election, the Parti Québécois government has decided, among other things, to devote resources to fighting the federal government over a court challenge to An Act respecting the exercise of the fundamental rights and prerogatives of the Quebec people and the Quebec State (commonly called Bill 99), the provincial law that outlines Quebec's rules for secession from Canada.

I preface this comment by saying that I know nothing about the evidence in the Law Society of Upper Canada’s prosecution of Torys LLP lawyers Darren Sukonick and Elizabeth DeMerchant, other than what is disclosed in the reasons for judgment of the Hearing Panel dated October 17, 2013 [Ed. note: http://canlii.ca/t/g10k2 & http://canlii.ca/t/g10k5]. I have not seen the documents relied on by the Law Society, nor did I attend any part of the hearing.

As has been widely reported, the Hearing Panel dismissed all six of the charges against Mr. Sukonick and Ms. DeMerchant for conflict of interest stemming . . . [more]