- Data Harvesting at Google Not a Rogue Act, F.C.C. Report Reveals
- American Unexceptionalism - A Primer - E.L. Doctorow (op ed)
- The John Edwards trial: where it is; where it's going
- Appraising the Value of a 'Like': Does all this 'like' business still sound a bit juvenile to you? If so, ...
- Ontario Judge Howard Chisvin could face misconduct hearing | Home | Toronto Sun
- Dentistin Poland charged: Pulled out all of ex-boyfriend's teeth after he dumped her
- CIBC beats back overtime class action by analysts and investment advisors
- Google Tries To Slam Brakes On Privacy Outcry Over ‘Google Drive’
- Koo Stark sues Murdoch in US courts over phone hacking - World - News - Evening Standard
- SCC to hear case of B.C. father who circumcised 4-yr-old son with razor blade and blood coagulant
- Federal judge rejects Florida employee drug testing
- Manhattan DA Investigates Former Dewey & LeBoeuf Chairman
- The Righthaven Experiment: A Journalist Wonders If a Copyright Troll Was Right to Sue Him
- Do Ontario's speeding tickets require speedy trials?
- Lawyers argue over sex tape at John Edwards trial
- U.S. Antitrust Move Has Google Fighting on Two Fronts
- Adult film producer found guilty in Los Angeles of violating federal obscenity laws
- Facebook bullies slapped with libel lawsuit by 14-year-old Georgia schoolgirl
- Police who lie: National police body says justice system needs to act over lies via @TorontoStar
- Div Ct overturns Ontario family court judge's ruling: "Inappropriate’ comments about man’s Iranian culture
- Tragic Wendy Babcock’s legacy still growing at Osgoode Hall Law Schoo via
@TorontoStar
Monday, April 30, 2012
140Law - Legal Headlines for Monday, April 30, 2012
Posted by Rachel, Law Clerk and Office Manager on Monday, April 30, 2012 0 comments
Friday, April 27, 2012
140Law - Legal Headlines for Friday, April 27, 2012
- Money rolls in for Zimmerman, lawyer must face judge
- U.S. ban sought on cell phone use while driving
- Testifying, Murdoch Cites a ‘Cover-Up’ in Phone Hacking
- Woman Sentenced to 10 Years for Taking Meth While Pregnant Attracts ‘National Army’ of Supporters
- Dear Abby: My Kid’s Law School Loans Are Ruining My Life
- Edwards attorney attacks ex-aide's credibility
- Judge rejects mistress's secrecy bid at John Edwards trial
- Yoga, foot massage and dogs at U of T: This is law school?
- End of Days for Law Firm Partnerships? (by
@mekowalski) - Bay Street lawyer Groia claims shabby treatment by Law Society in civility hearing
- Briefly Jailed for Barratry, Prominent Texas Lawyer is Accused of Using Runner to Seek Lawyer’s Case
- When Will We Stop Punishing Children for Being Children?
- Canada’s anti-spam law won’t take effect until 2013
- Court of Appeals: Wisconsin voter ID law to remain blocked during recall elections
- Sperm ruled an asset in B.C. lesbian separation
- Judge: No release of bin Laden photos
- Montreal student protest march declared illegal
Posted by Rachel, Law Clerk and Office Manager on Friday, April 27, 2012 0 comments
Thursday, April 26, 2012
140Law - Legal Headlines for Thursday, April 26, 2012
- Supreme Court skeptical of striking down Arizona immigration law
- Video: Obama Slow-Jams... the Stump Speech?
- Connecticut abolishes death penalty
- Harper Government Appeals Ontario Prostitution Ruling
- Standard and Poor's downgrades Ontario credit outlook
- George Zimmerman: Prelude to a shooting
- Zellers sued by pharmacists over selling patient records to Loblaws, Metro - Hamilton Spectator
- Simply Disgusting: Holocaust fraud probe leads to charge against Toronto woman
- Canada's largest tobacco company launches charter challenge on new, larger warning labels
- Edward Ducharme named to Ontario appeal court
- The Criminalization of Bad Mothers
- Top 8 Quotes From Rupert Murdoch's Testimony
- $19.6M judgment a warning for companies that poach executives from rivals
- Burger King vows cage-free chicken and pork
- Highest UK Court Says Law Firms Can Set Mandatory Retirement for Partners
- SCOTUS Justices debate Ariz. immigration law
- Social media, intellectual property and the workplace, is there a gap in the law?
Posted by Rachel, Law Clerk and Office Manager on Thursday, April 26, 2012 0 comments
"CourtBerry Syndrome" and Why Some Jurors Can't Resist Tweeting
Such juror misconduct has potentially disastrous consequences for the administration of justice. A December 2011 Arkansas appeal provides a ready illustration - see Death row inmate gets second trial due to Twitter-obsessed juror:
In a tweet referencing the trial, Franco wrote ”Choices to be made. Hearts to be broken…We each define the great line.” He also posted updates when each day of the trial started and complained about the coffee. In addition, Franco posted “It’s over” less than an hour before the jury’s verdict was read in court. According to Associate Justice Donald Corbin, Franco was warned during the trial that posting updates to Twitter was forbidden. Corbin stated ”More troubling is the fact that after being questioned about whether he had tweeted during the trial, Juror 2 continued to tweet during the trial.” The Supreme Court justices of Arkansas recently asked a panel to look into restricting the use of smartphones during future trials.Villanova law professor, Louis J. Sirico, Jr,. offers a generational analysis at Legal Skills Prof Blog as to why some jurors seem unable to resist tweeting and googling during trials:
In November 2008, the Lord Chief Justice of Great Britain, Sir Igor Judge, sounded a warning about the generational shift occurring as web-savvy citizens accustomed to getting their information online entered the jury box. Noting the consequences of this shift for the system of trial by jury, the Lord Chief Justice observed, “If a generation is going to arrive in the jury box that is totally unused to sitting and listening but is using technology to gain the information it needs to form a judgment, that changes the whole orality tradition with which we are familiar.If our brains are, indeed being rewired by the internet, as early clinical research seems to suggest, is compulsive juror mistweeting simply the cutting edge of a genuine change in our physiology that is naturally finding its way into our courtrooms?
Is crackberry syndrome mutating into courtberry syndrome?
And how can our courts address this?
- Garry J. Wise, Toronto
Posted by @wiselaw on Thursday, April 26, 2012 0 comments
Labels: Google, Juries, jury, social media, Social Media and the Courts, twitter
Wednesday, April 25, 2012
140Law - Legal Headlines for Wednesday April 25, 2012
- Groia Civility Hearing: Bay Street lawyer’s career hinges on results of LSUC hearing
- Former BP engineer charged with destroying evidence in Gulf oil spill
- Insane killer entitled to victim's life insurance, Ontario appeal court rules - Toronto Star
- Apple Profits Up as iPhone Sales Grow 88%
- Can an illegal immigrant become a lawyer?
- Notice period for short-term employees: A dose of reality - Stuart Rudner
- Teacher fired over porn acting challenges decision
- California bill would crack down on ‘ex-gay’ therapy
- Ukraine’s Jailed Ex-Premier, Tymoshenko, Goes on Hunger Strike
- Padilla appeals dismissal of unlawful detention suit to Supreme Court
Posted by Rachel, Law Clerk and Office Manager on Wednesday, April 25, 2012 0 comments
Tuesday, April 24, 2012
140Law - Legal Headlines for Tuesday, April 24, 2012
- Megaupload Trial May Never Happen Because of Possible FBI Error
- For John Edwards, an unexpected opening
- Australian man posts ex-girlfriend's nude pics on Facebook, gets convicted
- Expand RCMP sexual harassment hearings, Liberals urge
- Boss Needs Kidney, Employee Donates Kidney, Boss Fires Employee, Lawsuit Alleges
- Transgender man fights $3,400 hysterectomy bill
- Inquiry Begins Into E-Mail Hacking at Sky News
- Diversity promise for Federal Court of Canada
- Quebec: Canada’s province of protest
- Applying New Law, NC Judge Overturns Death Sentence Due to Racial Bias
- Family law case to feature testimony via Skype - Law Times
- N.J. Court: Non-Jewish man can sue over anti-Semitic slurs
Posted by Rachel, Law Clerk and Office Manager on Tuesday, April 24, 2012 0 comments
Monday, April 23, 2012
140 Law - Legal Headlines for Monday, April 23, 2012
- George Zimmerman Released From Jail
- In UK family courts, 'experts' are paid to get it horribly wrong - Telegraph
- Assisted human reproduction and the law in Canada - CBC.ca
- Five big questions as the John Edwards trial starts
- Wal-Mart accused of Mexican bribery probe coverup
- Toronto security suspect asks Federal court to toss case: Government took his lawyers' confidential files
- Tales from the trenches of Canada’s Charter wars
- George Zimmerman prepares for release from jail
- The shakeout in the legal profession is long overdue
- Aviva Insurance Mistakenly Fires 1,300 Employees at Investment Unit
- Globe wins legal case over coverage of BCE takeover bid - Globe and Mail
- Post Panda SEO Survival Guide for Bloggers
- Catholic nuns group 'stunned' by Vatican scolding
Posted by Rachel, Law Clerk and Office Manager on Monday, April 23, 2012 0 comments
Saturday, April 21, 2012
Name That Regulator: The Law Society of Upper Canada's #Hashtag Problem
Or perhaps, it's just that it's still sniggeringly funny to our latent kindergarten brains when someone says the acronym out loud.
This was one of the many things I learned chairing the Law Society of Upper Canada's Legal Ethics in an Age of Technology webinar programmes last fall.
Much of the time, abbreviations essentially overtake long form names in common usage. You know, the CBA, the OBA, the ABA, the USA....
But nobody does that when it comes to our governing body.
It's interesting - Louisiana State University is known as LSU. Louisiana State University-Eunice is LSUE.
The Law Society of Upper Canada? Well, in writing, the proper abbreviation is clearly LSUC. In the spoken English, however, the more usual short-form is "The Law Society," which of course, is no short form at all.
We all know why, right?
(Can I hear giggling starting in the back row of my Grade 4 class about right now?)
Which is bringing me in a round-about way back to the #hashtag issue.
In this Age of Technology, you see, (the Law Society came up with the Title Case for that, not me), Twitter has now wriggled its way into the Continuing Legal Education/Continuing Professional Development classrooms, lecture halls and broadcasting studios of the new world. Attendees often live tweet from programmes. Remote viewers often pose questions of the panel via Twitter. Occasionally, they also hurl
It's become quite the interactive world, and therefore it is increasingly commonplace for these CLE/CPD programmes to adopt #hashtags for use on Twitter, so that all related tweets will collect together and be viewable on one Twitter page.
We used #LSUCethics at our two programmes, for example.
And this trend is leading us to a recurring moment of truth for Ontario CPD programme chairs.
In announcing the hashtag, do we say "ELL-ESS-YOU-SEE?"
Or do we just say it the way you naturally want to read it aloud?
Which, of course is (all together now)... "L-SUCK."
Being a total coward, if not a prudently conservative spokesperson for the profession who didn't want to run the risk of developing uncontrollable snicker syndrome in the first five minutes of my first LSUC programme chairmanship, I opted for the safer, if more clumsy, "ELL-ESS-YOU-SEE." And quite frankly, I delivered the news of this #hashtag I.D.to our several thousand viewers all across the Province with the unwavering poise of an old-time news anchor.
I was like Cronkite, Murrow, Huntley and Brinkley - all wrapped up together in one guy.
It was a proud moment
My co-panelist, Mitch Kowalski, however, would have none of this.
The words I feared the most were unmistakeably emerging from the lawyer/journalist/author at the far end of our presentation table. "You mean #L-SUCK-Ethics - right?" offered Mitch. "That's the #hashtag: "#L-SUCK-Ethics."
Instantly, I was locked in eye contact with our two other co-panelists, Omar Ha-Redeye and Bob Tarantino. From deep within our silent crisis-huddle we uttered an unspoken, collective, "OMG, did he just say that?"
But Mitch was on a roll.
He continued, and frankly, delivered a series of very compelling points in arguing for a speedy name change by our governing body from LSUC to the Law Society of Ontario (LSO, for short).
University of Ottawa law professor Adam Dodek (@ADodek) made many of the same points last night on Twitter:
Jeffrey Grey's (@jeffreybgrey) Globe and Mail article, referenced in Professor Dodek's tweets, provides the story that the LSUC name change movement may actually be gaining real momentum:
... A handful of lawyers who work for the federal Department of Justice are supporting a long-shot proposal that would blow at least a symbolic layer of dust off the profession in Canada’s largest province.
They have submitted a motion for next month’s annual general meeting of the Law Society of Upper Canada calling for an end to the body’s archaic name. Instead, they say, it should be known as the Ontario Law Society.(See: What's in a Name? Law Society of Upper Canada to Find Out)
What do you think? Is it time to put the "ELL-ESS-YOU-SEE" regulatory brand out to pasture, in favour of the more palatable, modern and considerably less amusing LSO?
It it time to lose the acronym that shall never be spoken aloud?
Mitch Kowalski thinks so. Adam Dodek appears to think so. And so do I.
Let's do it for the sake of CLE/CPD chairs everywhere.
It's the #hashtag, stupid.
lawTechcamp is a BarCamp-style community UnConference for new media and technology enthusiasts and legal professionals including technology lawyers, technology developers in the legal space, legal information professionals, bloggers, tweeters, social networkers, and anyone curious about new media technology and its intersection with the legal profession.
lawTechcamp is scheduled for Saturday, May 12, 2012 from 8:00 am to 3:00 pm. The event will be held at the University of Toronto Faculty of Law, at 78 Queens Park right next door to the ROM.
Posted by @wiselaw on Saturday, April 21, 2012 2 comments
Labels: legal profession, LSUC
Friday, April 20, 2012
140Law - Legal Headlines for Friday, April 20, 2012
- ANNOUNCING: Next Toronto Law Blogger Meetup - May 7, 2012, 7pm - The Keg -165 York Street, Toronto.
- Goodbye Levon
- Khadr transfer request from Gitmo now in Ottawa's hands
- Time for Law Firms to Adopt Risk Management
- Juries Pulled from All-White Jury Pools Convict Black Defendants More Often Than Whites, Study Finds
- Apple sued over apps that 'lure' kids to spend
- TD Bank faces possible sanctions after losing $67M judgment
- York University officially opens new Osgoode Hall Law School
- Court: Woman Is Entitled to Workers’ Comp for Injury During Sex
- Lawyer Accused of Breaking Into Ex-Employee’s Personal Email Is Barred From Using Computer at Work
- Google and Twitter can’t police web content, says British AG
- Judges, journalists clash over courtroom tweets (Michael Tarm/Associated Press)
Posted by Rachel, Law Clerk and Office Manager on Friday, April 20, 2012 0 comments
Thursday, April 19, 2012
140Law - Legal Headlines Thursday, April 19, 2012
- Google and Twitter can’t police web content, says British AG
- Judges, journalists clash over courtroom tweets (Michael Tarm/Associated Press)
- Drew Hasselback: Calgary legal market matures
- How To Excel At The Basics As A Young Litigator
- Marc Emery's U.S. prosecutor urges pot legalization
- Ted Nugent to meet with Secret Service over Incendiary Obama Comments (Tim Mak/Politico)
- Judge in Zimmerman Case Disqualifies Herself
- An amazing US Supreme Court chart
- Employees may sue their former employer in Ontario, despite having minimal connections
- Mayor Rob Ford refuses to attend Pride parade
- New Judge in George Zimmerman Case is Married to a State Homicide Prosecutor
- Canadian Court’s Decision Has Serious Implications for Any U.S. Business with Ties to Canada
- Conrad Black case among precedent-setting Supreme Court rulings on jurisdiction of Canada's civil courts
- Toronto Zoo loses international accreditation over elephant sanctuary transfers
- US Supreme Court Nixes Torture Suit Against Palestinian Authority and PLO
- Zuckerberg Reportedly Negotiated Instagram Deal Without Lawyers and Board Input
Posted by Rachel, Law Clerk and Office Manager on Thursday, April 19, 2012 0 comments
Wednesday, April 18, 2012
140Law - Legal Headlines for Wednesday, April 18, 2012
- What Your Will Should Say About Your Digital Assets
- Malik, acquitted in Air India trial, wants legal fees back
- Ontario and Quebec gas companies plead guilty to price fixing
- TheStar Former OHL club owner ready to take his ‘lumps’ for Ponzi scheme
- Alleged Lohan assault victim says she won't sue
- Ont. urged to ban all candy-flavoured tobacco products
- ABA: ‘Case Has Not Been Made’ for Nonlawyer Ownership
- Charter of Rights fails to protect poor Canadians - Vancouver Sun
- Ethics 20/20 Commission Suspends Campaign to Draft Proposal on Nonlawyer Ownership of Law Firms-ABA Journal
- Doorey: When is a Salesperson an “Employee” Under Ontario Employment Standards Laws?
- Charter of Rights turns Canada into a 'constitutional' trendsetter
- Skurka's Spin: Charter anniversary must transcend party politics
- Convicted defendants not told of forensic flaws found by US Justice Dept.
- Mountie calls for outside review of RCMP complaints
Posted by Rachel, Law Clerk and Office Manager on Wednesday, April 18, 2012 0 comments
Tuesday, April 17, 2012
140Law - Legal Headlines for Tuesday, April 17, 2012
- Religious symbols, the workplace and the duty to accommodate
- Video: Kirk Makin on the Charter – The judicial power grab that never happened
- Roger Clemens Retrial Starts Today; Chain of Custody May Be an Issue
- High stakes Oracle-Google trial over Android set to begin
- Wis. Supreme Court Justice Asks Two Colleagues to Step Aside in Ethics Case
- Even lawyers face income inequality
- Chrétien challenges separatist 'myth' over charter
- Harper says divisions keep him from celebrating Charter
- Zimmerman lawyer asks for new judge in Trayvon Martin case
- Ontario court prevents Plenty of Fish scammer from wriggling off the hook
- Court ID proposal slammed
- This week at the SCC
- Tories playing politics on Charter anniversary: Trudeau
Posted by Rachel, Law Clerk and Office Manager on Tuesday, April 17, 2012 0 comments
Monday, April 16, 2012
140Law - Legal Headlines for Monday, April 16, 2012
- Why this year could prove to be the Charter’s most controversial
- Google's Sergey Brin: Freedom of the Net is under greatest threat ever
- Infertile couples looking for help to conceive confront regulatory shadowland
- Family law a 'people' profession
- B.C. judge strikes down medical marijuana rules
- Leonard Cohen's former manager convicted of harassing him
- Edwards trial witness list includes daughter, mistress - The Hill's Blog Briefing Room
- U.S. judge finds for MegaUpload, orders DOJ to cooperate on user files
- Supreme Court tells Parliament to rewrite wiretap law - CBC.ca
- B.C. mom struggles to prove she actually had baby
- UPDATED - Did American political tourists run afoul of Canadian election law ... - CBC.ca (blog)
- SCOC ruling on wiretapping may undermine Internet surveillance bill: critics
- German incest couple loses court case
Posted by Rachel, Law Clerk and Office Manager on Monday, April 16, 2012 0 comments
Friday, April 13, 2012
140Law - Legal Headlines for Friday, April 13, 2012
- Edwards Case Puts Definition of ‘Contribution’ on Trial
- A Judge’s Crusade against Saggy Pants
- Goldman Sachs paying $22 million to settle SEC charges
- The Sexual Sadism of the Michigan Department of Correctionsy from
@firedoglake - California Employers Must Provide Meal Breaks, Court Says
- Oshawa Justice of the Peace suspended for sexually harassing female court staff via
@TorontoStar - Stand Your Ground and Self Defense
- Roger Clemens Retrial Set to Begin With Strike 1 on Prosecutors
- Brewer signs bill banning most abortions after 20 weeks (Alia Beard Rau/Arizona Republic)
- Former Maple Leaf captain Rick Vaive not guilty of impaired driving
- Harvard Prof. Alan Dershowitz: Zimmerman Arrest Affidavit 'Irresponsible And Unethical'
- Fundy Settlement v. Canada - Supreme Ct of Canada rules offshore trust is Cdn resident under Income Tax Act
- Former Leaf captain Vaive faces impaired driving verdict
Posted by Rachel, Law Clerk and Office Manager on Friday, April 13, 2012 0 comments
Thursday, April 12, 2012
Seven Years of Wise Law Blog
And while I'd be remiss if I didn't note that the seventh anniversary of the commencement of this blog came and went last week, the truth is it seems like it's been much longer than that.
In fact, it's awfully hard to remember life before the blawgosphere.
On April 5, 2005, the day of our first blog post, Paul Martin was still Prime Minister of Canada. The NHL was in lockout mode and Leafs' playoff drought hadn't even begun. Gasoline prices were on a rapid, inevitable ascent to a buck a litre (and beyond), but hadn't quite gotten there. America was unashamedly torturing enemy suspects, and the devastation of Hurricane Katrina was still months down the road.
The Web 2.0 revolution was in its infancy. The phrase "social media" was nowhere to be found in our common lexicon. Facebook was still restricted to students and would remain so for another eighteen months. The first proto-tweet was still nearly a year away. "The cloud" was something to seen only by gazing upward into the deep blue sky.
And the members of Canada's fledgling legal blawgosphere could probably be counted on one hand. Stan Rule, Connie Crosby, Slaw... Maybe a few others. Some still here, some long ago departed.
Suffice to say, it was a very different time, not that long ago.
And I write this short post, I notice a few things. The seven paragraphs above have consumed about 45 minutes of writing, researching and tinkering time.
And boy, do I ever enjoy writing.
I confess - it has been a while since I wrote regular, narrative blog posts.
It was hard not to notice over the last few years that Twitter simply emerged as a more efficient technology than blogging for sharing breaking legal news items While our ongoing tweets and daily 140 Law posts continue our original mission of spreading such news developments to the profession and the public, I acknowledge that something is definitely missing - the thinking, researching, reasoning, exploring, creating... (and perhaps, the snark).
Hopefully, this year I will write more frequently. Not promising. Just sayin'.
This blog has delivered many personal highlights over the years, from Steyn wars and Twitter-feuds to LSUC gigs, media moments, OMG! Law Talk, Blawger-meetups and the persisting kindness of the Clawbie powers-that-be.
This continues to be a very happy and rewarding experience.
Many thanks to our readers and contributors over all these years. Hopefully, we'll still be here to do another one of these posts in 2019.
And how old will we be in dog-years then?
Now, I have some work to do.
Posted by @wiselaw on Thursday, April 12, 2012 1 comments
Labels: legal profession, Wise Law Blog