University of Alberta Faculty of Law Blog

Can we get her?

Dear UofA Administrators, can someone admit this student (unless she already has been)? If she can write like this, she deserves admission here.

Poor Ontario

Ah the sweet irony: Ontario complaining that they are not getting anything out of confederation! Welcome to our world. 

Welcome Jason MacLean

I am pleased to welcome another blogger: Jason MacLean who has just recently left practice at a major law firm in Toronto, and will be joining the Faculty at the newly founded law school in Lakehead University. I will update the blogroll when he gets a formal website there, and I leave him to further introduce himself. 

Ralph Klein passes away

The man of the people, the man who paid off our debt, the humble man who had big ideas, the man who had a clear vision, the man who defied all categories - in my mind one of Canada's greatest premiers, is no longer with us. The Edmonton Journal has a good collection of stories relating to his life. 

Lots will be said about him in the days and years to come. In the meantime, our condolences to his wife, family, and loved ones.

Update: Lorne Gunter, as always, cogently makes the case for Klein's legacy.

Angry Judges

Socrates said, “Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially.”

A wise quote cited by the West Virginia Court of Appeals in an opinion released regarding an angry judge whose rant made the Youtube judicial hall of fame:

The Court upheld his suspension for 4 years,

You have the right to an attorney

Fifty years ago, the US Supreme Court released its opinion in Gideon v. Wainwright, the landmark case that established one's constitutional right to an attorney. The next year, Pulitzer prize winner Anthony Lewis wrote the chronicle of the case in Gideon's Trumpet.

This week, at the age of 85, Lewis  passed away.

Supreme Pithiness

After my rant about yesterday's Supreme Court case dealing with text messages, the Supremes today released another criminal procedure case. The case deals with jury instructions, but that is not what is important for me. The Court today released another very short decision. So short, I can reproduce it right here:

The Court —

[1] We all agree with Doyon J.A., dissenting in the Court of Appeal, that a new trial is required because of the effect of the trial judge’s charge on the fairness of the trial (2012 QCCA 964 (Can LII)).

[2] Accordingly, the appeal is allowed and a new trial is ordered.

 

Hooray for pithiness. Me likey!!

I hope we get more of these and less of the long rambling ones. This is a very good sign, and I suspect the new crop of justices have something to do with this.

An oldie but goodie

Norm MacDonald doing the Press dinner:

 

 

 

Text Messages and Search Warrants

Do text messages enjoy constitutional protections against unreasonable search and seizure? The Supremes say yes. In their fragmented judgment, three said "yes", two say "yes but", and two said "no because of some technical issues".

1. They really need to start waiting for all nine to show up. Once again, seven justices ruling on an issue with a 3-2-2 split does the jurisprudence no good.

2. This is another example of a judgment that goes on and on, and gets into all sort of technical discussion of what should have been a very basic question, namely whether text messages are protected or not?

3. I am sure this will only lead to more litigation, precisely because of the specific nature Telus had saved their text messages, that there will almost be another appeal when Rogers or Bell face a similar issue.

Student Opportunities

The Institute for Liberal Studies, which co-hosted Dr. Tom Palmer, is a great Canadian outfit with lots of exciting opportunities for students:

ILS Essay Contest   Can individual liberty and social justice be reconciled? We want to hear what you think. We'll be accepting essays of up to 2,000 words that answer this question and awarding $3,000 in prizes! Essays must be received by September 1, 2013. Entrants must be studying at a recognized Canadian educational institution, or be Canadian citizens studying abroad. We'll be awarding the following prizes:   1st Place - $1,000 plus a trip to Atlas Liberty Forum in New York City (Nov 13-14). 2nd Place - $500 3rd Place - $250 4th Place - $250   Entries will be accepted at http://www.liberalstudies.ca/essay-contest/.

Save the Date: Liberty Summer Seminar The 13th annual Liberty Summer Seminar will take place on July 27-28 in Orono, Ontario. Mark your calendars and plan to join us for this unique outdoor celebration of liberty!

Another great idea from LSUC

Because students can't find articles in Ontario, it makes so much more sense to require them to do another year of law school than abolishing the articles altogether. The bar exam in Ontario is practically the same as the American states' bar exams. Not sure why they keep clinging to this substantial barrier to entry for lawyers. Oh wait, because they are substantial barrier to entry for lawyers. Never mind.

Roundup

1. The Groundhog is off the hook. Well that means that only Phil Connors can save us from the lying Phil!

2. The second amendment speaks about 'arms', which also includes knives. David Kopel explains how.

3. I would have dedicated a seperate post for this, but how much more can I speak about Canada's minister of finance, so I will Terrence Corcoran tell us.

4. It is a very sad day when $7,700 a week doesn't find one a place to live in London. 

Snow and Jurisdiction

A highway is provincially operated but the municipal (city) police polices it. When the snow falls and makes it dangerous to drive, who gets the last word on whether the highway is open or not? Paula Simons discusses this jurisidctional conundrum. 

I think, Paula has the right idea here - I am with the EPS on this one. It probably, however, might be a good idea if the two jurisdictions worked it out formally, as I suspect this is the first time they had to confront the issue. 

Scalia says: bad doggie

Scalia, Thomas, Ginsburg, Sotomayor, and Kagan on one side, with Roberts, Alito, Kennedy, and Breyer on the other side! There's a lineup one doesn't expect to see. But it happened today, in Florida v. Jardines, when Scalia, for the majority, held that a dog search outside one's house was unconstitutional.

Josh Blackman was quick to post this meme:

 

Mocha Bans? Not Likely

Why is everybody so quick to condemn soda and want its quantities limited when it turns out that there are as many calories in that specialty coffee, if not more. Because, its not about paternalism but elitism:

[Those who] call[] for a ban [on] Cokes and not Mochas indicates that what really bothers [them] is the behavior of those low-brow folks who slam giant soft drinks, but not so much the worse behavior of the middle-class and educated who just can’t start the day without a latte. 

I myself, always wondered why certain drugs were illegal under the pretense of addictions when tea and coffee were perfectly legal. And if anyone tells you coffee is not really that addictive, ask them to function a month without any tea or coffee.

Hard Knocks for Knox

Ah the endless saga of Amanda Knox continues. Now Italy's highest court has ordered the retrial of Knox after an intermediate appellate court acquitted her. Oddly enough, the retrial is to be held in the intermediate court and not the original trial court. Note to self: avoid having to learn Italian criminal procedure if possible.

Anyway, I am not sure if she will ever be re-tried. If anything, I suspect an extradition showdown (ironic given Italy's pwn brush with extradition) with due process type arguments entering into the fray. Will this end up at the Supremes? 

Google for IKEA?

Google is fast becoming a generic term for searching on the Internet (or should I say Internets?). So much so that its attempts to assert its trademark will become more futile over time. This is what happened to brands such as Singer, Kleenex, and Xerox.

It turns out that the term is becoming generic even in foreign languages, such as Swedish.

Student Opportunities

The Fund for American Studies (TFAS) is still accepting applications for its summer 2013 academic internship programs held in Washington, DC. TFAS prepares undergraduate and law students for leadership by teaching them the ideas of freedom and a free-market economy.

The program includes an internship placement, academic courses for credit from George Mason University, housing in furnished apartments in downtown DC, site briefings, professional development activities and social events. Programs are offered in a variety of areas of study:

·         Public Policy & Economics

·          International Affairs & Economics

·         Corporate Business & Government Affairs

·         Journalism, Communications & Public Relations

·         Community Service & Nonprofit Sector

Visit www.DCinternships.org to find more information. If you are  interested in applying, contact Admissions Director Mary Stankus at mstankus@tfas.org or202.986.0384 to receive special application instructions and an exclusive extended deadline.

Woops!

This is going to be awkward at work today.

So the IRS made a video

It cost $60,000 to make. Somehow, I think Revenue Canada has the good sense not to try the same: