Microsoft, the Olympics and the Symbol of Peace

And in other noteworthy anniversary news this weekend: Microsoft marked its 23rd anniversary, the peace symbol marked its 50th anniversary, and the first modern Olympics in Athens, Greece marked its 112th anniversary.

The Washington Post reports:

The peace symbol -- three simple lines within a circle -- turns 50 today. It's had a colorful and often turbulent life, which is odd considering that it's supposed to symbolize, you know, peace.

Unveiled at a British ban-the-bomb rally on April 4, 1958, the peace symbol's peak of potency was in the 1960s, when it was the emblem of the anti-Vietnam War movement and all things groovily counterculture. (Said its late creator, British graphic designer Gerald Holtom: "I drew myself . . . a man in despair . . . put a circle around it to represent the world.") The symbol has marched in service of many causes over the years: civil rights, women's rights, environmentalism, gay rights, anti-apartheid, the nuclear-freeze movement and the latter-day antiwar crowd.

And in somewhat related stories…

In January of this year, Yahoo Inc announced it plans to lay off 7% of its workforce in an effort to enhance its profitability. After talks with News Corp, Time Warner Inc’s AOL division and Google, Microsoft made an unsolicited takeover bid for Yahoo Inc. in early February for S$44.6 billion dollars. Citing the recent decline of internet stocks, Microsoft is now applying significant pressure on Yahoo Inc to accept its bid.

The National Post reports:

Yahoo Inc has three weeks to accept Microsoft Corp's US$31 per share cash-and-stock offer or Microsoft will mount a proxy battle to win investor support for the takeover, Microsoft said on Saturday. Microsoft Chief Executive Steve Ballmer said in a letter dated April 5 and addressed to Yahoo's board of directors that "now is the time" to negotiate final terms of a deal, one that would mark the biggest-ever takeover in the high-technology industry.

"If we have not concluded an agreement within the next three weeks, we will be compelled to take our case directly to your shareholders, including the initiation of a proxy contest to elect an alternative slate of directors," Mr. Ballmer wrote.

The letter represents the tightening of the noose in a classic Wall Street takeover bear-hug strategy, wherein Microsoft aims to convince Yahoo's board to negotiate a friendly merger deal or else face a battle to defend their jobs at Yahoo's next annual meeting.

....

In keeping with Olympic tradition, the Olympic torch has begun its several-months-long journey from Athens, Greece to the Olympic host city. With four months left until the opening ceremonies in Beijing, China, protesters in London used the Olympic torch’s passage through their city as an opportunity to voice and display their concerns with either China’s policies.

Others used it as an opportunity to show their support for the Olympic games and the host city

CNN reports:

The Olympic torch was met with widespread protests and scuffles between demonstrators and police Sunday as thousands turned out to protest Olympic host China's human rights record and its recent clampdown on Tibet.

Some demonstrators threw themselves at the torch, and at least one tried to snatch it away. Another tried to put out the flame with a fire extinguisher. They were quickly pushed back and cuffed by Metropolitan Police, which said its officers made 36 arrests on a variety of charges.

… Many of Sunday's demonstrators chanted "Free Tibet" and held signs with messages such as "Stop the Killing in Tibet." The group Tibetan Youth Association Europe said three of its members were among those arrested.

Other protesters focused on the communist nation's lack of civil and religious freedoms and its policies on Darfur. And still more turned out in counter-protests, chanting "China, China" and saying they support China as host of this year's summer Olympics.

The article also reported that French police are preparing “…to protect the Olympic torch” as it makes its way through Paris, France tomorrow.

- Annie Noa Kenet, Toronto

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Three Years Later

Three years ago, Wise Law Blog began, with virtually no thoughts at all on the role law blogs were going to have in the legal discourse of the day.

Today, 847 posts later, we're still not sure.

But we will keep working on it...

I'd like to thank our readers for reading, Shashi Raina and Annie Kenet for writing, and the many other great bloggers out there who have been an inspiration, a challenge and an education.

As we begin year four, one thing is clear.

We will do our best to keep growing as a source of accurate information and fair opinion.

We hope our readers will keep joining us in the days and months ahead. We'll try to give you good reason to do so.

Thanks to all.

- Garry J. Wise, Toronto

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An Anniversary Joke

The Truth:

Bob and Nancy were celebrating their 50th wedding anniversary. After 50 years, Bob wanted to know if Nancy was always faithful. Bob asked, "Have you ever cheated on me?" Nancy replied, "Yes, three times." "What?!", yelled Bob, "When?" Nancy said, "Remember when the septic tank flooded back in ’69 and we couldn’t afford to fix it? I convinced the plumber to fix it for free." "And?" Nancy said, "Remember when you needed heart surgery in ’75 and we didn’t have insurance? I had the doctor treat you for free." "And the third time? "Do you remember when you ran for mayor back in ’89 and you were behind by 200 votes..."

- Garry J. Wise, Toronto

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Looking for America*

Originally posted August 27, 2005

It seems not that long ago that I was one of tens of thousand of Torontonians, rhythmically throwing our fists in the air with Bruce Springsteen, as we shouted "Born in the USA, I was.... Born in the USA," out in the open air at the old CNE Grandstand.

We were Canadians, of course, and always will be, but on those two, magical summer nights twenty years ago this weekend, borders were nowhere near our minds.

"We liked the same music, we liked the same bands, we liked the same clothes..."

In 1988, I took my first long road trip through the American Heartland, on drought-stained highways that wound through the Midwest cornfields to Tennessee and beyond.

In Memphis, there was Graceland, of course, and Beale Street where the avenue was actually equipped with electrical outlets, so the blues players could plug in their amps outdoors.

And onward.

The Grand Ol' Opry in Nashville. Little Rock (where I almost met Governor Bill Clinton). Bourbon Street, the Grassy Knoll, the Canadarm at NASA in Houston. I even saw a taping of the PTL Club - after Jim and Tammy Bakker's fall - in Charlotte, because it was there and so was I.

Northbound. The White House, Washington Monument, and Lincoln Memorial. Side trip to Asbury Park, N.J. And then, Wall Street. Times Square. The Statue of Liberty. Broadway, Madison Square Gardens. The Lincoln Tunnel.

The World Trade Centre.

These places were American icons. But they were, in some not-so-remote ways, ours too. They couldn't help but be.

I've had many feelings about what has happened in America since September 11 (which, as an aside, is also my birthday - I turned on CNN that morning to the shocking sight of the first tower burning, just as the unknowing birthday calls were beginning).

I've generally been somewhat centre-liberal, politically speaking, so I probably would always have had a visceral reaction against the deceptive rationales for the War in Iraq, the excesses of the Schiavo fiasco, the rise of the neocons and theocons, and the distorted, wedge politics of Karl Rove, Rush Limbaugh and Bill O'Reilly.

While I will always take intellectual issue with those sorts of right wing ideologues, I worry much more deeply that the growing estrangement between Canadian and American values is taking us toward the sunset of our crucial continental friendship with the USA.

Aside from the politics, it is kind of sad. I just don't recognize our old friend any more

In Ambulance Blues, an obscure Neil Young dirge about the fabled Riverboat Cafe on Yorkville, North Toronto Collegiate's most famous musical alumnus tells us,

"There ain't nothin' like a friend
who can tell you you're just pissing in the wind."

(Sometimes I think I know what that line means).

Well, America, you are just pissing in the wind. And you're getting a tiny bit wet.

I have long believed that America's current eccentricities stem from a generalized, national post-traumatic stress reaction to 9-11.

I think the cloud, perhaps, may be finally beginning to lift.

Recent polls show President Bush's approval ratings falling as low as 36%. Perhaps this may signify a return to greater American moderation before the 2006 mid-term elections - Republicans like to win more than they like ideology.

Canadian political leaders, though, are starting to take this all quite seriously.

Still, I'm thinking Lloyd Axworthy's recent Toronto Star column, previously cited by blogger Cathie from Canada, goes a a bit too far.

Mr. Axworthy, Canada's former Foreign Affairs Minister, pulls no punches:

"...The reality is that we are dealing with an American political system currently steeped in the ideology of "empire..." While most Canadians responded with dismay to the U.S. invasion of Iraq, few could quite grasp that the same cavalier, imperial attitudes exemplified in Washington's rejection of various agreements on disarmament, its fierce opposition to the International Criminal Court, its indifference to climate-change warnings, and its undermining of the U.N. would prevail in our continental relationship as well...

Let's face it: This is a painful and uncertain time in our relations with the United States... It's time for new policies and tough action to shift our trade and security strategies away from a preoccupation with continental matters to a more global footing....

Let's begin by seriously considering an end to NAFTA... The emergence of new economic powers like China, India, Brazil and South Africa provides markets hungry for the resources and know-how that Canada possesses. Our NAFTA connection impedes our ability to take advantage of this potential. It's time to redefine this historic relationship....

Mr. Axworthy is a highly respected, former Canadian cabinet minister who has a lengthy and entirely dignified record. That he is advocating this radical policy direction is newsworthy, in and of itself.

Hopefully, we haven't come to this point, yet. This is a critical continental relationship. It can be, should be, and in my view, must be repaired.

If all else fails, 2008 isn't that long from now....

- Garry J. Wise, Toronto

*Reposted for our Blogversary Special

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Ralph Kramden Sues the Bus Company

Ralph Kramden has an accident while driving his bus, due to malfunctioning windshield wipers. He decides to sue the bus company for negligence.

"It's the opportunity of a lifetime," he tells a skeptical Alice.

He's counting on damages of $10,000.00. With that kind of loot, "even after paying the lawyers," he says, "we'll be millionaires..."

The HoneyMooners: Lawsuit (Part 1)

The HoneyMooners: Lawsuit (Part 2)

- Garry J. Wise, Toronto

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By Popular Demand... The Flintstones

This will actually be the second time this week we've had the opportunity to feature The Flintstones...

That must be something of a blawger record. But it's the weekend, and that can mean only one thing.

It's time again for Saturday at the You Tubes.

The Blogversary Edition:

- Garry J. Wise, Toronto

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'Blogversary' Special

I'm old enough now that I no longer count birthdays.

So I note with interest, therefore, that as Wise Law Blog approaches its third 'blogversary' tomorrow, I'm actually quite looking forward to marking the big day with something a bit special.

I haven't entirely decided what that will entail, yet. But half the fun of writing this blog is figuring it out as it goes, so why should tomorrow be any different?

Blogging has become a somewhat more serious pastime for me over the last year.

There are many reasons for this. Probably the most influential of these is that nothing motivates like success.

Our readership has grown remarkably. We've participated in a number of important online discussions. Some of our writings are now cross-posted at BAR-eX and included in other significant legal publications.

We've even had a bit of recognition via a Canadian Law Blog Award.

Along the way I've made several new friends.

I've also received a few pieces of hate mail and a couple of physical threats.

No love notes, mind you.

But as I said, I'm old enough now that I don't count my birthdays, so what do I expect?

Having said all this, its somehow nice to have this blogversary to look forward to.

We're three!

(It's been a long time since I was able to say that... )

So stay tuned.

This weekend is our Blogversary Special.

- Garry J. Wise, Toronto

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"I've Been to the Mountaintop"

An excerpt from Dr. Martin Luther King's final speech on April 3, 1968:

Today is the 40th anniversaty of the assassination of Martin Luther King Jr.

Dr. King was gunned down in Memphis, Tennessee on April 4, 1968.

Also see:

• Remembering Martin Luther King, Jr. - Washington Post
• Forty Years On - Truthdig
• Early Morning, April 4 - Digby

- Garry J. Wise, Toronto

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Toronto Traffic Court: "Flintstone Car" Not a Motor Vehicle

A Toronto traffic court's decison may have shaken the bedrock of Ontario Highway Traffic Act jurisprudence.

CityNews gets our "headline of the year" vote for this story:

'Flintstone Car' Driver Off The Hook For Ticket

It was a work of art that wound up getting a traffic ticket.

To understand that statement, you have to go back to October 2007, when an odd looking Buick Regal made its maiden voyage around the streets of Toronto. Cops eventually flagged it down because the decrepit and rusted out hunk of junk was only going 15 kilometres an hour down a city street, impeding traffic.

But when P.C. Derek Walsh stopped the car and looked inside, he couldn't believe his eyes. The vehicle had no floor, no engine, and used candles for headlights. "Not even close to being legal," the officer noted in a moment caught on video, as he wrote out the ticket.

...Not long after, the jubilant defendant came out a winner. The judge dropped the charge, not because he liked the concept but because the vehicle wasn't actually a car at all. Therefore the specific charge of operating an unsafe vehicle didn't legally apply.

Here's the YouTube video of the adventure and traffic-stop:

- Garry J. Wise, Toronto

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NY Times: Obama Support Softening

A New York Times report Thursday shed new light on current American voter preference trends:

The poll showed that Mr. Obama now leads Senator John McCain of Arizona, the presumptive Republican presidential nominee, by 47 percent to 42 percent; his lead was 50 percent to 38 percent in late February, when Mr. McCain still faced opposition from Mike Huckabee, the former Arkansas governor. The latest poll shows Mrs. Clinton leading Mr. McCain by 48 percent to 43 percent in a similar match-up.

Mrs. Clinton and Mr. Obama are now effectively tied among Democratic voters, with 46 percent saying they want the party to nominate Mr. Obama, compared with 43 percent for Mrs. Clinton. In late February, 54 percent of Democrats said they wanted Mr. Obama to win the nomination, compared with 38 percent for Mrs. Clinton.

Mr. Obama’s big lead among men over Mrs. Clinton has disappeared during that period; in February 67 percent of men wanted the party to nominate him compared with 28 percent for Mrs. Clinton, while now 47 percent of men back him compared with 42 percent for Mrs. Clinton, a difference that is within the poll’s margin of error. Similarly, his lead among whites, voters making more than $50,000 annually and voters under age 45 has shrunk.

I cannot help but think that the last word in the Democratic nomination battle has yet to be spoken.

They may just have to count the votes, after all.

- Garry J. Wise, Toronto

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US Appeal Court: Roommate-Finding Website May Not Ask About Sexual Orientation

From MSNBC:

SAN FRANCISCO - A roommate-finding site cannot require users to disclose their sexual orientation, a U.S. appeals court ruled on Thursday, in the latest skirmish over whether anti-discrimination rules apply to the Web.

The U.S. 9th Circuit Court of Appeals said Roommates.com, which obliges users to list their sexual orientation, was different than Internet sites where people can volunteer or withhold personal information.

To inquire electronically about sexual orientation would not be different from asking people in person or by telephone if they were black or Jewish before conducting business, the panel said in an 8-3 ruling that partly overturns a lower federal court decision.

..."If such screening is prohibited when practiced in person or by telephone, we see no reason why Congress would have wanted to make it lawful to profit from it online," 9th Circuit chief judge Alex Kozinski wrote. "Not only does Roommate ask these questions, Roommate makes answering the discriminatory questions a condition of doing business."

...Three judges dissented, saying the court was creating a dangerous precedent and future confusion for Internet firms.

"The majority's unprecedented expansion of liability for Internet service providers threatens to chill the robust development of the Internet that Congress envisioned," Judge Margaret McKeown wrote

- Garry J. Wise, Toronto

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Oregon Lawyers in Courthouse Fistfight

Via ABA Journal;

Attorneys David Lawrence and Aaron Matusick had just left a Multnomah County landlord-tenant court hearing Thursday when they began shouting at each other, the Portland Oregonian reports.

"Although it's not clear exactly who did what, witnesses said one man slapped the other and the other responded with a punch to the forehead," the paper reports.
Both men were next called to Judge Pro-Tem Lewis Lawrence's chambers for "a talking-to."

The Oregonian reports that the judge determined each man was equally responsible, ordered them to apologize and said he'd ban them from his courtroom if the let it happen again

- Garry J. Wise, Toronto

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The George W. Bush Sewage Plant...

Via Think Progress:

SFist reports that the enterprising Presidential Memorial Commission of San Francisco is looking to rename Oceanside Wastewater Treatment Facility to the “George W. Bush Sewage Plant.” The group explains it seeks to “select a fitting monument to this president’s work” and to “honor George W Bush for his eight years of honorable public service.” “No other president in American history has accomplished so much in such a short time,” the group notes.

- Garry J. Wise, Toronto

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N.S., Quebec: New Laws Will Curb Driving While Talking on Cell Phone, April 1, 2008

My friend T. passes on this friendly memo from Bell Mobility regarding new laws that come into effect April 1st in two Canadian provinces that will regulate cell phone use while driving:

On April 1st, new laws regarding the use of mobile phones while driving come to effect in Québec and Nova Scotia. This means that only hands-free devices will be permitted while driving, i.e. headset, Bluetooth or in-car units.

Such a law is already in effect in Newfoundland other provinces are considering similar legislation. In Québec, there is a three month grace period during which only warnings will be issued. Following that, fines ranging from $80 to $100 and 3 demerit points will be imposed. Note that the law also applies to motorists who are stopped at a traffic light or stop sign.In Nova Scotia, police will initially issue warnings but there is no formal grace period. The fines will range from $165 for the first offence, $222 for the second offence and $337 thereafter.This is an important opportunity to reiterate the principles of responsible driving for our employees, whether on company business or personal time.

While on the road, your primary focus should always be on driving. There are many potential distractions, including interacting with other passengers, using the stereo, eating, grooming, etc.

When using a mobile phone while driving:

• Avoid unnecessary calls and keep conversations brief
• Suspend conversations when driving conditions become hazardous
• Keep your eyes on the road and both hands on the steering wheel
• Never email or text message while driving
• Respect the law and use a hands-free device if required

- Garry J. Wise, Toronto

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Ontario Minimum Wage Increases Today

Ontario's minimum wages have increased.

The Province's general minimum wage rises today to $8.75 per hour.

The minimum wage for students under 18 years of age rises to $8.10 per hour.

The chart below (click to enlarge), adapted from the Ontario Ministry of Labour, details the full schedule of minimum wage increases now in effect, along with additional increases scheduled through March 31, 2010:

- Garry J. Wise, Toronto

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Earth Hour: “Great Job Canada”

Promoted by the World Wildlife Fund, Earth Hour was a global effort to raise awareness of climate change.

Yesterday, between 8:00 p.m. and 9:00 p.m. Canada showed its support of the cause in numerous cities across the country.

World Wildlife Canada reports:

Earth Hour was a huge global success! On Saturday, March 29, from 8 p.m. to 9 p.m. people around the world turned out their lights for Earth Hour, sending a very strong message to our government, and governments around the world, that we need to take action on climate change now.

Beginning in Tel Aviv and ending in Vancouver, the lights went out and the celebrations began. Many iconic buildings and landmarks around the world turned out their lights, including the Golden Gate Bridge, San Francisco; Alcatraz jail, San Francisco; Sydney Opera House, Sydney, Australia; Brighton Pier, UK and the Sears Tower, Chicago.

Canada had one of the highest participation rates around the globe with over 150 cities participating. Great job Canada! Many buildings and landmarks also turned off their lights. These included the CN Tower, Niagara Falls, Toronto Eaton Centre, Fairmont Royal York Hotel, Honest Ed’s in Ontario; all buildings in which VanCity, BC Hydro and City of Vancouver operate; and the MacDonald Bridge, City Hall, and Parade Square in Halifax.

Thanks to everyone here in Canada and around the world that participated in the first ever, world wide Earth Hour! Your efforts and determination have made this an event to remember.

The Toronto Star reports that during Earth Hour, power usage in Toronto dropped 8.7% exceeding the City’s goal of a 5% power drop during the event.

- Annie Noa Kenet, Toronto

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UK Employers to Protect Against 3rd Party Sexual Harassment

Employers in the Canada and in the United Kingdom have a legal obligation to protect their employees from sexual harassment in the workplace.

Typical discussion of this obligation has focussed on the employer's duty to protect its employees from sexual harassment by other employees.

As of next week, however, employers in the U.K. will also have a specific legal obligation to protect their employees from sexual harassment advanced by third parties such as clients and customers.

The Guardian.com reports:

Employers will be duty-bound from next week to protect their staff from sexual harassment by customers, suppliers and others they encounter in the course of their work. Workers are already protected from harassment by colleagues, but under new rules which come into force on April 6, they will be able to seek damages from employers who fail to take reasonable steps to protect them from harassment by a third party, if bosses knew that at least two incidents had already taken place.

The government was forced to change the law after the then Equal Opportunities Commission - now part of the Equality and Human Rights Commission - won a ruling that the government had failed to properly implement the European equal treatment directive, which requires workers to be protected from "any unwanted conduct related to their sex which violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment".

The rules are expected to have their biggest impact in the catering, hotel and retail trades. The EOC told the high court that sexual harassment by customers was rife in the hotel and restaurant industry, which employs 670,000 women.

- Annie Noa Kenet, Toronto

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The Obama Playbook

The current, Five-Step Obama Campaign Playbook:

1. Declare presumptive victory before all votes are counted.

2. Repeatedly emphasize that it would be wrong, undemocratic and positively un-American to require all ballots to be counted, given that inevitable victory has already been achieved.

3. Repeated this mantra: "If the battle does not now end, America will surely self-destruct."

4. Firmly demand that the opponent withdraw for the 'good of the country.'

5. Repeat steps 1 through 4.

Sound familiar?

How about now?

- Garry J. Wise, Toronto

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Sunday Tunes: Who Fought the Law?

The weekend is upon us, so let's take a stroll through the YouTube archives to canvas a classic rebel-rock tune with a storied history:

"I Fought the Law" is a much-covered song originally recorded by Sonny Curtis and The Crickets (post Buddy Holly) in 1959. The song was famously covered by Bobby Fuller Four, who recorded a more successful version of the song in 1965, and The Clash, who recorded a punk rock version in 1978.

Our tour begins, then, with the classic take, from Bobby Fuller:

Canada's own Bryan Adams gives it a try:

You'll probably agree that Bryan did a whole lot better at fighting the law than did Alvin et al...

Still, with due acknowledgment to all the various pretenders, nobody has ever really fought the law quite the way The Clash did:

And finally, here's an interesting footnote for trival buffs.

Did you know that Sonny Curtis, the writer of I Fought the Law, also wrote "Love is All Around," the theme song for The Mary Tyler Moore Show?

- Garry J. Wise, Toronto

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Maybe Next Year....

The Toronto Maple Leafs have once again been eliminated from N.H.L. post-season contention.

With a 4-2 loss to the Bruins in Boston Thursday night, the team mathematically sealed its unhappy fate for the third consecutive year.

Toronto's second-favorite spectator sport - Leaf post mortems, recriminations and off-season dramas - may now accordingly begin.

Who should stay and who should go?

Will Brian Burke be the Leafs' new general manager when the puck is dropped for next season's opening faceoff?

Will Matts Sundin return?

Will anyone in Toronto still care?

Yes...

(Perplexingly, to the last question, at least.)

So, now that the game is over, let the real games begin...

- Garry J. Wise, Toronto

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