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Thursday Thinkpiece: Bennett & Bayley on Political Parties and Privacy Legislation

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.

Canadian Federal Political Parties and Personal Privacy Protection: A Comparative Analysis
Colin J. Bennett & Robin M. Bayley
Commissioned by the Office of the Privacy Commissioner of Canada
Privacy Research Papers, March 2012

Excerpt chosen by Slaw.

[Footnotes are omitted. They are available in the full version via the hyperlink above.]

Federal and . . . [more]

Posted in: Thursday Thinkpiece

Some Legislative History Relevant to the Appointment of Justice Nadon

Paul Daly has posted an interesting argument on his blog, Administrative Law Matters, relating to the legality — or perhaps correctness — of Prime Minister Harper’s appointment of Federal Cour of Appeal Justice Nadon to the Supreme Court. As everyone will likely know, the governing provisions are ss.5 and 6 of the Supreme Court Act, which read as follows:

5. Any person may be appointed a judge who is or has been a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province.

6.

. . . [more]
Posted in: Miscellaneous

Stopping Link Rot in Law?

As we’ve discussed a number of times on Slaw, a good many hyperlinks break over time as their targets get moved or taken down. This link rot is particularly challenging in academia and in law, where cited authorities are an important component of one’s argument.

In a 16 page document available on SSRN three weeks ago, “Perma: Scoping and Addressing the Problem of Link and Reference Rot in Legal Citations,” Harvard professors Jonathan Zittrain and Kendra Albert:

. . . document a serious problem of reference rot: more than 70% of the URLs within the Harvard Law Review

. . . [more]
Posted in: Legal Information: Publishing, Technology: Internet

Wednesday: What’s Hot on CanLII

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. Meads v. Meads 2012 ABQB 571

    [1] This Court has developed a new awareness and understanding of a category of vexatious litigant. As we shall see, while there is often a lack of homogeneity, and some individuals or groups have no name or special identity, they (by their own admission or by descriptions given by others) often fall into the following descriptions: Detaxers;

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Legal Intelligence

There are a lot of great resources for primary law online, both free and fee. However, to get legal analysis and cutting edge thinking on current legal topics there are also some great resources for free online. Bar associations are a great source (of course!) but here are some others that have great content. You just have to know where to look.

Lexology
Lexology (aka ACC Newstand) brings together articles submitted by major commercial law firms. Register and then search the site or set up custom RSS feeds to be delivered Outlook or your feed reader. International in scope, the . . . [more]

Posted in: Legal Technology

Law v. Literature

One of the pleasures of dabbling in the law and literature field is finding an overlooked treasure. The Bookshop by Penelope Fitzgerald is one such gem.

The Bookshop is the slow, graceful telling of Florence Green’s attempt to establish a bookshop in a quiet English town. Green is described as “small, wispy and wiry, somewhat insignificant from the front view, and totally so from the back.” She is a character to be ignored and bypassed by the social structure and politics of the town until she purchases a derelict, abandoned property to start her shop. Undeterred by the shop’s active . . . [more]

Posted in: Reading

Deciding What Is Not Needed

It is budgeting season again for many law firm libraries. My process for this arduous task is to look at the things that my department collects in baskets, compare the balance of the baskets to each other, and decide which baskets need more and which need less. As an example, for the last few years the ‘print collection’ basket has been weighing less.

My law firm library has a lot of baskets: print collection, database access, items used for current awareness, Canadian content, foreign content, things that are available to borrow locally, things that we can share between our offices, . . . [more]

Posted in: Legal Information: Libraries & Research

May a Law Firm Read a Departed Partner’s Emails?

When a partner leaves a law firm for another practice, what should happen to his or her email account at the original firm? Should, or must, the original firm continue to read and respond to the emails? Must it forward all or some of the emails to the former partner? Should it say how that person can now be reached? Or should it simply send an automated bounce-back message that the email account is now closed?

These questions were the subject of an official ethics ruling of the Philadelphia Bar Association last month. Here is a news report on it. . . . [more]

Posted in: Practice of Law: Practice Management, ulc_ecomm_list

Social Media – Again

At any given time there are many trends in the legal industry. Current topics include everything from alternative fee arrangements to e-discovery to virtual law firms. Some topics die away without much fanfare whereas others stay around and eventually take hold. My focus today is on social media at the highest level, which is definitely part of the latter group.

Social media is here. It is here to stay and you need to be part of it to ensure a growing practice.

That said you don’t have to do everything and you will want to be realistic about your goals. . . . [more]

Posted in: Legal Marketing

Tips Tuesday

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

Avoid Data Disasters by Properly Ejecting USB Devices Before You Remove Them
Dan Pinnington

How many of you take the time to “eject” your USB devices before you remove them? I know some of you didn’t raise your hand. Does it really matter? Yes it does. Why? Because you can end up with corrupt data if you yank a device out while data is still being written to it. . . . [more]

Posted in: Tips Tuesday

Migrant Workers Win Right to Emergency Medical Coverage

The Seasonal Agricultural Workers Program (SAWP) was first established in 1966, but came under national scrutiny during the SCC labour decision in Fraser v. Ontario. The migrant workers under this program, primarily brought to Ontario from Mexico and the Caribbean, have won another small victory in a recent Health Services Appeal and Review Board (HSARB) of Ontario decision.

Kenroy Williams and Denville Clarke were under contract under the program with Chardy Produce Ltd. until Dec. 15, 2012. Within days of starting their jobs the two workers from Jamaica were in a serious motor vehicle accident on August 9, 2012 . . . [more]

Posted in: Substantive Law: Judicial Decisions

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