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Recent Posts
- September Changes to Estates Practice: Enduring Powers of Attorney and Representation Agreements
- Patent Assignment: Distinguishing Trolls from Legitimate Assignees, Part 2
- Patent Assignment: Distinguishing Trolls from Legitimate Assignees, Part 1
- Patent Assignment: Trolling the Gap between Potential and Actual Usefulness
- Privacy between Private Parties and the Disclosure of Information
- IP Litigation as a(n Illegal) Business Model
- Music for a Pound, or a Pound of Flesh?
- Lawyers and iPhones (and iPads) Shouldn’t Mix
- RoB Magazine declares victory on the Smartphone Plains of Abraham
- Research in Motion’s Opportunity to Promulgate Freedom
- Bill C-32: The Latest Attempt to Amend the Copyright Act
- Interpreting the NHL and the disallowed Sedin goal
- The Speciation of Web Sites
- Library Manifesto
- Technology (law) is everywhere!
- How to save a drowning business
- Information is the Good, the Currency, and the Era
- Opening the Scope of Employee Contribution
- On Virtual Travel
- Who carries your Web 2.0 banner?
Recent Comments
- Jeremy Costin's weblawg.net Patent Assignment: Distinguishing Trolls from Legitimate Assignees, Part 1 on Patent Assignment: Trolling the Gap between Potential and Actual Usefulness
- Ben Gornall on IP Litigation as a(n Illegal) Business Model
- Nimda Sys on Information is the Good, the Currency, and the Era
- Francina Kocaj on Information is the Good, the Currency, and the Era
- David T Michaels on IP Litigation as a(n Illegal) Business Model
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Category Archives: Legal Explorations
Interpreting the NHL and the disallowed Sedin goal
Last night’s playoff game had a disallowed goal based on it having gone off a skate. In my arguing over this on Facebook, I decided to put my legal brain to the task, since it’s not completely out of steam … Continue reading
Posted in Legal Explorations
Tagged Daniel Sedin, disallowed goal, distinct kicking motion, nhl
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Leadership Qualifications in a Democracy
Power to the people, right? That’s the rallying cry of democracy. A government of peers, the message of Gov. Sarah Palin, is not a new message. Stephen Harper rode that message to the Prime Minister’s Office here not long ago, … Continue reading
Posted in Humanities, Legal Explorations
Tagged canada, dion, education, election, elitism, harper, liberals, oct. 14, palin, prime minister
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Victoria venue to infringe civil liberties
The Save-On Foods Memorial Centre in Victoria wants to take B.C.’s anti-smoking legislation a bit further. Not only will they enforce the existing No Smoking laws, they will also prohibit the innocuous carrying of cigarettes by patrons on the premises.
Possession of cigarettes is neither illegal nor dangerous per se. Searching explicitly for cigarettes, without the pretence (which I assume will be assumed) of searching for illegal or dangerous goods, is trespass to the person, bordering on the tort of assault. Confiscating those cigarettes is conversion; the Save-On Foods Memorial Centre is counting on your complacency and acquiescence as it invades your space and takes what it rightfully yours. Are they going to compensate you for the cigarettes? Return them at your whim? I doubt it. This erosion of civil liberties has gone on long enough. Continue reading
Servamus – Fearing the Image of the Vancouver Police
Drivers – non-criminal citizens from whom the police derive their power – are having their fear of being ticketed isolated, transformed into a fear of the police, and capitalized upon to drive a policy goal that in and of itself should never pass Section 1 muster.
Could the momentum of enshrining the police vs. citizens paradigm lead to the political annihilation of servamus? In other words, could the potential transformative effects on society of engendering a public fear of police be out of proportion with traffic safety objectives? Continue reading
Posted in Civil Liberties, Humanities, Legal Explorations
Tagged big brother, Civil Liberties, democracy, fear, oakes, police cutouts, servamus, vancouver police
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Where are you, Bobby Kennedy? The Mindless Menace Continues
I was listening to CBC Radio 2 tonight on my way home, and they played Senator Robert Kennedy’s speech, “On the Mindless Menace of Violence,” about the plague of violence that was making the United States sick, in his view. … Continue reading
Posted in Humanities, Legal Explorations
Tagged kennedy, mccain, mulroney, obama, trudeau
3 Comments
Of Mortar and Wine: A Passover Lesson in Law
Passover, the Jewish holiday that celebrates the Exodus from slavery in Egypt and the emergence of the Jewish People as a free nation under Mosaic Law, is now upon us. The tradition of the Passover seder, the traditional feast and … Continue reading
What did Fairmont pay for my “protected” view?
I wrote in an earlier series of posts that laws exist as a combination of policy and imperative, operating either to curb antisocial behaviour that can damage the fabric of society or that can alter it. We have some laws, … Continue reading
Posted in Humanities, Legal Explorations
Tagged marine building, price of progress, vancouver
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After the Shyster: The Mathematical Postscript
In Shysters be Gone, part III, I proposed that law is composed of a policy goal combined with the strength of an imperative: Policy + Imperative = Law P + I = L If we have a law, and know … Continue reading
Shysters be Gone, part III
In part II, I identified two types of antisocial behaviour which we attempt to prevent, restrain, correct, punish, etc., with law: “those which harm the integrity of society, potentially leading to its collapse; and those which alter the dynamic of … Continue reading
Posted in Business Law, Legal Explorations
Tagged Business, contract, ethics, lex mercatoria, mercantile law, positive duty, shysters be gone
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