The Power of a Guilty Plea

Thu, 08 Jan 2009 15:05:25 GMT

“You mean,” he said, this look of absolute unbelief working across his face, “you mean, if I’m guilty I get out today?” “Right.” “And if I’m innocent I stay locked up?” “You got it, man. So what are you gonna be, guilty or innocent?” James Mills, One Just Man, Simon and Schuster

“You mean,” he said, this look of absolute unbelief working across his face, “you mean, if I’m guilty I get out today?”

“Right.”

“And if I’m innocent I stay locked up?”

“You got it, man. So what are you gonna be, guilty or innocent?”

James Mills, One Just Man, Simon and Schuster

2009, the End of Bushisms

Thu, 08 Jan 2009 04:06:24 GMT

via AP -”I know the human being and fish can coexist peacefully.” - September 2000, explaining his energy policies at an event in Michigan. -”Rarely is the question asked, is our children learning?” - January 2000, during a campaign event in South Carolina. -”They misunderestimated the compassion of our country. I think they misunderestimated the will and determination [...]

via AP

-”I know the human being and fish can coexist peacefully.” - September 2000, explaining his energy policies at an event in Michigan.

-”Rarely is the question asked, is our children learning?” - January 2000, during a campaign event in South Carolina.

-”They misunderestimated the compassion of our country. I think they misunderestimated the will and determination of the commander-in-chief, too.” - Sept. 26, 2001, in Langley, Va. Bush was referring to the terrorists who carried out the Sept. 11 attacks.

-”There’s no doubt in my mind, not one doubt in my mind, that we will fail.” - Oct. 4, 2001, in Washington. Bush was remarking on a back-to-work plan after the terrorist attacks.

- “It would be a mistake for the United States Senate to allow any kind of human cloning to come out of that chamber.” - April 10, 2002, at the White House, as Bush urged Senate passage of a broad ban on cloning.

- “I want to thank the dozens of welfare-to-work stories, the actual examples of people who made the firm and solemn commitment to work hard to embetter themselves.” - April 18, 2002, at the White House.

-”There’s an old saying in Tennessee - I know it’s in Texas, probably in Tennessee - that says, fool me once, shame on - shame on you. Fool me - you can’t get fooled again.” - Sept. 17, 2002, in Nashville, Tenn.

-”Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we.” - Aug. 5, 2004, at the signing ceremony for a defence spending bill.

-”Too many good docs are getting out of business. Too many OB/GYNs aren’t able to practice their love with women all across this country.” - Sept. 6, 2004, at a rally in Poplar Bluff, Mo.

- “Our most abundant energy source is coal. We have enough coal to last for 250 years, yet coal also prevents an environmental challenge.” - April 20, 2005, in Washington.

- “We look forward to hearing your vision, so we can more better do our job.” - Sept. 20, 2005, in Gulfport, Miss.

-”I can’t wait to join you in the joy of welcoming neighbours back into neighbourhoods, and small businesses up and running, and cutting those ribbons that somebody is creating new jobs.” - Sept. 5, 2005, when Bush met with residents of Poplarville, Miss., in the wake of hurricane Katrina.

-”It was not always a given that the United States and America would have a close relationship. After all, 60 years we were at war 60 years ago we were at war.” - June 29, 2006, at the White House, where Bush met with Japanese Prime Minister Junichiro Koizumi.

-”Make no mistake about it, I understand how tough it is, sir. I talk to families who die.” - Dec. 7, 2006, in a joint appearance with British Prime Minister Tony Blair.

- “These are big achievements for this country, and the people of Bulgaria ought to be proud of the achievements that they have achieved.” - June 11, 2007, in Sofia, Bulgaria.

- “Mr. Prime Minister, thank you for your introduction. Thank you for being such a fine host for the OPEC summit.” - September 2007, in Sydney, Australia, where Bush was attending an APEC summit.

-”Thank you, Your Holiness. Awesome speech.” April 16, 2008, at a ceremony welcoming Pope Benedict to the White House.

-”The fact that they purchased the machine meant somebody had to make the machine. And when somebody makes a machine, it means there’s jobs at the machine-making place.” - May 27, 2008, in Mesa, Ariz.

-”And they have no disregard for human life.” - July 15, 2008, at the White House. Bush was referring to enemy fighters in Afghanistan.

- “I remember meeting a mother of a child who was abducted by the North Koreans right here in the Oval Office.” - June 26, 2008, during a Rose Garden news briefing.

-”Throughout our history, the words of the Declaration have inspired immigrants from around the world to set sail to our shores. These immigrants have helped transform 13 small colonies into a great and growing nation of more than 300 people.” - July 4, 2008 in Virginia.

- “This thaw - took a while to thaw, it’s going to take a while to unthaw.” Oct. 20, 2008, in Alexandria, La., as he discussed the economy and frozen credit markets.

h/t Nour El-Kadri of UofO Association of Part-Time Professors Board of Directors

Pro-Israel faculty members launch air raid on CUPE

Wed, 07 Jan 2009 14:54:37 GMT

Following an announcement by the Canadian Union of Public Employees calling for a ban of Israeli academics from Ontario campuses, Israeli faculty in Ontario have begun an intensive aerial assault. Casualties among CUPE members stand at roughly 300, with the number expected to climb. Correspondents at the scene also report that faculty troops are amassing near [...]

Following an announcement by the Canadian Union of Public Employees calling for a ban of Israeli academics from Ontario campuses, Israeli faculty in Ontario have begun an intensive aerial assault. Casualties among CUPE members stand at roughly 300, with the number expected to climb.

Correspondents at the scene also report that faculty troops are amassing near the borders of CUPE headquarters, fueling speculation of a possible faculty ground assault.

In response to global uproar, pro-Israeli faculty leaders called the campaign a “perfectly proportional” response to CUPE’s continued attacks and offered no further comment.

In related news, York University students will return to classes tomorrow.

How much is 2 + 2?

Tue, 06 Jan 2009 04:18:06 GMT

A businessman was trying to choose a lawyer, but was being very careful about it. He scheduled appointments to interview three lawyers. At the first lawyer’s office, after an initial exchange of pleasantries, the businessman said, “Okay, let’s get down to business. I have an important question for you, and I want you to think carefully [...]

A businessman was trying to choose a lawyer, but was being very careful about it. He scheduled appointments to interview three lawyers.

At the first lawyer’s office, after an initial exchange of pleasantries, the businessman said, “Okay, let’s get down to business. I have an important question for you, and I want you to think carefully before answering. How much is two plus two?”

The lawyer raised his eyebrows. “two plus two is four.” The businessman thanked him for his time, and proceeded to his next appointment.

The second lawyer, who was also a CPA, seemed a bit more particular than the first lawyer. After an initial discussion, the businessman again announced that he had a very important question, and asked, “How much is two plus two?”

The second lawyer went over to a computer, and entered figures into a spreadsheet. “According to my calculations, two plus two is approximately four.” The businessman thanked him for his time, and proceeded to his next appointment.

The third lawyer sat behind a big mahogany desk, and smoked a cigar. He seemed rather self-important as compared to the other two, but at the same time appeared to be much more successful. The businessman again announced, “I would like you to answer a very important question for me, before I decide whether I should use your services. How much is two plus two?”

The lawyer pulled the shades, locked the door to his office, and asked in a hushed voice, “How much do you want it to be?”

h/t Eddie at ELawyer Malaysia

Suggestions on how to react to the "CSIS is listening" revelation

Fri, 02 Jan 2009 20:55:10 GMT

Perturbed by the recent revelation that CSIS has been listening in on lawyer/client phone calls? (as discussed earlier, here) Concerned that CSIS has stated it will not stop listening in on such phone calls in other cases, until specifically ordered not to? (see here, second paragraph) Well, here’s one possible counter-tactic, care of the brilliant webcomic, [...]

Well, here’s one possible counter-tactic, care of the brilliant webcomic, xkcd

When the Law is Really More Like a Rule

Tue, 30 Dec 2008 06:23:21 GMT

Ben saw this one in a bathroom in Mazatlan, Mexico. Don’t break the “law”, kids. From the The “Blog” of “Unnecessary” Quotation Marks; h/t Dave Munger of Davidson, NC

Ben saw this one in a bathroom in Mazatlan, Mexico. Don’t break the “law”, kids.

From the The “Blog” of “Unnecessary” Quotation Marks; h/t Dave Munger of Davidson, NC

Christmas Carols for Human Rights

Thu, 25 Dec 2008 08:42:51 GMT

AWAY IN DETENTION (Away in a Manger) Away in detention, no crib for a bed, The little child refugee lays down her sweet head. The guards look at her through the cracks in the door, The little child refugee asleep on the floor. The airport is noisy, the baby awakes. Her mother is sickly, she shivers and shakes. We will not forget [...]

AWAY IN DETENTION (Away in a Manger)

Away in detention, no crib for a bed,
The little child refugee lays down her sweet head.
The guards look at her through the cracks in the door,
The little child refugee asleep on the floor.

The airport is noisy, the baby awakes.
Her mother is sickly, she shivers and shakes.
We will not forget you, so please don’t lose hope.
We’re sorry that Judy Sgro has played this cruel joke.

We’re near you child refugee, we’re not far away.
We’re working to speed up your new Freedom Day.
Bless all the dear children who are detained tonight.
You’ve called us to conscience for you we will fight.

Away in detention, no crib for a bed,
The little child refugee lays down her sweet head.

The guards look at her through the cracks in the door,
The little child refugee asleep on the floor.!

CSIS IS TRACKING YOU DOWN
(To the tune of “Santa Claus is Coming to Town”

You’d better not talk, you’d better not cry,
You’d better watch out, I’m telling you why
CSIS spies are tracking you down.

They’re making a list, checking it twice
Gonna insist you’re naughty, not nice
CSIS spies are tracking you down

They listen when you’re phoning,
They spy when you’re awake.
They know when you’ve been traveling
So be scared, for goodness sake!

We’d better fight back, we’d better stand firm
We’d better insist on fair and just terms
CSIS spies, get out of our town.

RUDY THE RACIST MP (Rudolph the Red-Nosed Reindeer”)

Rudolph, the racist MP
Had a crappy attitude
And if you ever heard him
You might even say he’s crude

If you were not a white male
He would laugh and call you names
He’d call for closed up borders
And hope we’d all look the same!

Then one freezing Christmas Eve
Carolers came to sing
Rudy with your racist blight
You could be transformed tonight!

Rudy then saw the error
Of his narrow minded views
Rudy the refugee sponsor
Came to love all Muslims and Jews

STRUGGLING IN A WINTER WONDERLAND

(To the tune of “Winter Wonderland”)

Immigrants for cheap hires
And their bosses, cheatin’ liars
Failed Refugee Claims
On reasons that shame
Struggling in this winter wonderland

Try to come across the border
To this land of law and order
If your skin is brown
You can’t go to town
Struggling in this winter wonderland

At the airport they will ask you questions
Have you ever been to Pakistan?
Are you hiding something in your suitcase?
Welcome to our democratic land!

Later on, in detention
Hopefully they’ll pay attention
To your human rights
This season of lights
Struggling in this winter wonderland
Struggling in this winter wonderland

PJ, THE AGENT

(To the tune of “Frosty the Snowman”)

PJ, the agent thinks the world is black and white
If your name’s “Hassan”, he thinks you’re wrong
If it’s George Bush, you’re all right.

PJ, the agent fears a Muslim with a book
And a video of the CN Tower
will make him lock you up.

There must have been some trauma
When PJ was just a boy
Cause he never learned to trust or love,
Just to torture girls and boys.

PJ, the agent thinks ignorance is bliss
He knows nothing but what he’s been told
By his bosses at CSIS

He’ll never catch a terrorist
Cause he’s blinded by his fears
He’ll only torment innocents
with his spying and his jeers.

PJ, the agent has to hurry on his way
Cause Canadians don’t want CSIS
And they’ve got to go away.

Bumpety, bump, bump
Bumpety, bump, bump
Look at PJ run
Bumpety, bump, bump
Bumpety, bump, bump
We’ve got CSIS on the run.

WE’RE DREAMING OF A FAIR PROCES

(I’m Dreaming of a White Christmas)

We’re dreaming of a fair process
Just like the ones we thought we knew
With clear accusations
Full cross-examinations
And independent lawyers, as is due.

(Oh yes) We’re dreaming of a fair process
‘Cuz deportations are unfair
When torturers are waiting over there
May all our processes be fair!

We’re dreaming of a fair process
Just like the ones we thought we knew.
With no files redacted,
No stalling protracted
And all the “evidence” in view. (mime “air quotes”).

We’re dreaming of a fair process
Though CSIS and judges may not care,
Oppose injustice, we must dare!
May all our processes be fair.

h/t the Toronto Action for Social Change

‘Twas a Night Before Christmas (Legal Version)

Wed, 24 Dec 2008 08:49:32 GMT

Please accept without obligation, express or implied, these best wishes for an environmentally safe, socially responsible, low stress, non-addictive, and gender-neutral celebration of the winter solstice holiday as practiced within the most enjoyable traditions of the religious persuasion of your choice (but with respect for the religious or secular persuasions and/or traditions of others, or for their choice not to practice religious or secular traditions at all) and further for a fiscally successful, personally fulfilling, and medically uncomplicated onset of the generally accepted calendar year (including, but not limited to, the Christian calendar, but not without due respect for the calendars of choice of other cultures). The preceding wishes are extended without regard to the race, creed, age, physical ability, religious faith or lack thereof, choice of computer platform, or sexual preference of the wishee(s).

THE NIGHT BEFORE CHRISTMAS:

Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter “the House”) a general lack of stirring by all creatures therein, including, but not limited to a mouse.

A variety of foot apparel, e.g., stocking, socks, etc., had been affixed by and around the chimney in said House in the hope and/or belief that St. Nick a/k/a/ St. Nicholas a/k/a/ Santa Claus (hereinafter “Claus”) would arrive at sometime thereafter. The minor residents, i.e. the children, of the aforementioned House were located in their individual beds and were engaged in nocturnal hallucinations, i.e. dreams, wherein vision of confectionery treats, including, but not limited to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in said dreams.

Whereupon the party of the first part (sometimes hereinafter referred to as (”I”), being the joint-owner in fee simple of the House with the party of the second part (hereinafter “Mamma”), and said Mamma had retired for a sustained period of sleep. At such time, the parties were clad in various forms of headgear, e.g., kerchief and cap.

Suddenly, and without prior notice or warning, there did occur upon the unimproved real property adjacent and appurtenant to said House, i.e., the lawn, a certain disruption of unknown nature, cause and/or circumstance. The party of the first part did immediately rush to a window in the House to investigate the cause of such disturbance.

At that time, the party of the first part did observe, with some degree of wonder and/or disbelief, a miniature sleigh (hereinafter “the Vehicle”) being pulled and/or drawn very rapidly through the air by approximately eight (8) reindeer. The driver of the Vehicle appeared to be and in fact was, the previously referenced Claus.

Said Claus was providing specific direction, instruction and guidance to the approximately eight (8) reindeer and specifically identified the animal co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner and Blitzen (hereinafter “the Deer”). (Upon information and belief, it is further asserted that an additional co- conspirator named “Rudolph” may have been involved.)

The party of the first part witnessed Claus, the Vehicle and the Deer intentionally and willfully trespass upon the roofs of several residences located adjacent to and in the vicinity of the House, and noted that the Vehicle was heavily laden with packages, toys and other items of unknown origin or nature. Suddenly, without prior invitation or permission, either express or implied, the Vehicle arrived at the House, and Claus entered said House via the chimney.

Said Claus was clad in a red fur suit, which was partially covered with residue from the chimney, and he carried a large sack containing a portion of the aforementioned packages, toys, and other unknown items.

He was smoking what appeared to be tobacco in a small pipe in blatant violation of local ordinances and health regulations.

Claus did not speak, but immediately began to fill the stocking of the minor children, which hung adjacent to the chimney, with toys and other small gifts. (Said items did not, however, constitute “gifts” to said minor pursuant to the applicable provisions of the U.S. Tax Code.)

Upon completion of such task, Claus touched the side of his nose and flew, rose and/or ascended up the chimney of the House to the roof where the Vehicle and Deer waited and/or served as “lookouts.” Claus immediately departed for an unknown destination.

However, prior to the departure of the Vehicle, Deer and Claus from said House, the party of the first part did hear Claus state and/or exclaim: “Merry Christmas to all and to all a good night!” Or words to that effect.

h/t SBS DIva Blog via Munira Nahas of Queen’s Law (2011)

Attention: Lunatic Atheists and Their Lawyers

Fri, 19 Dec 2008 16:14:53 GMT

This is a public service announcement: h/t Michael Lewchuk of Seton Hall

This is a public service announcement:

h/t Michael Lewchuk of Seton Hall

A “Ponzi crawl”

Fri, 19 Dec 2008 13:44:31 GMT

A pub crawl whereby a new person is added at each location and has to buy a round. Each new person is promised that they will get free drinks at all the future bars if they buy this round. Obviously, last person to join the ponzi crawl gets screwed. “Made-up Madoff News”, via anonymous e-mail. Related posts:Madoff [...] Related posts:

Madoff investors may have to repay cash From the WSJ via Clusterstock, it seems that even investors...

“Made-up Madoff News”, via anonymous e-mail.

Madoff investors may have to repay cash From the WSJ via Clusterstock, it seems that even investors...

2008 Season’s Greetings!

info@thoughtfullaw.com (David J. Bilinsky) — Thu, 18 Dec 2008 07:39:39 GMT

? Dashing through the snow In a one horse open sleigh O’er the fields we go Laughing all the way…? Words and music by James Lord Pierpont. At this time of the year I would like to wish each and everyone the Best of the Holiday Season and a Happy New Year. This upcoming year will be a challenging one [...]

? Dashing through the snow
In a one horse open sleigh
O’er the fields we go
Laughing all the way…?

Words and music by James Lord Pierpont.

At this time of the year I would like to wish each and everyone the Best of the Holiday Season and a Happy New Year. This upcoming year will be a challenging one and as such I hope for Peace, Hope and Happiness for all.

As has become my tradition, at this time as my gift to you I offer a few minutes of reflection. I hope this slide show and music (please turn your speakers on!) brings to you a time of calm and joy. The music is of course, Jingle Bells by James Lord Pierpont and is performed by the Argyle Alumni Choir, Argyle Senior Secondary School, North Vancouver, British Columbia, Canada, Frances Roberts, Director. Used with permission.

Best wishes for a safe holiday filled with warmth, comfort and good cheer!

(Thanks to Steve Matthews for technical assistance in hosting the slide show).

What I would have included on my application to Osgoode, had I known you were permitted to make things up

Tue, 16 Dec 2008 04:10:26 GMT

This site’s readership will be all too familiar with the rigorous process of applying to Canadian law schools, starting with the LSAT and ending (it is to be presumed) with a vetting of one’s academic and professional credentials against those of one’s fellow candidates. The most deserving students receive early confirmation of acceptance to their first-choice schools. For the rest of us, months may pass before a position is secured; unease turns to anxiety turns to panic, until we would accept an invitation to the Novgorod School of Law just to return some certainty to our lives.

But fear not, would-be law school freshmen, for there is an easier way! Third year (former) LLB candidate Quami Frederick has the secret to a stress-free application process: fabricating a significant element of your application. As previously reported here, Frederick’s artificial B.Sc. in Business Administration opened the door to Osgoode Hall and might have launched a stellar legal career, but for the investigative journalism of the Toronto Star.

I, for one, would have welcomed this alternative in late July 2007, when I was losing hope of being accepted anywhere, and was considering making a career of my summer job at the Maple Leaf Foods chicken slaughterhouse. Had I known then what I know now, my application might have looked very different:

graduated magna cum laude from the Bill Clinton President School (TM)
holds two simultaneous parliamentary seats, for Calgary Southwest and Laurier Sainte-Marie
in 2005, Rt. Hon. Beverley McLachlin, P.C. called me “the son [she] never had”
has two thousand Facebook friends
prepared to bequeath a substantial personal fortune to the first law school to accept
Nobel Prize nominee, 2007, for brokering landmark peace agreement between scissors and rock
autobiography The Audacity of Hope was on the New York Times Bestseller list for thirty weeks
middle name is “Osgoode Hall Law School”
can read minds

Sleep Your Way Through Law School

Sat, 13 Dec 2008 03:11:41 GMT

From the people who brought you Speed Read Your Way Through Law School, we bring you - nap time. A new study found that napping boosts sophisticated memory. It also helps you to see the big picture. These 10 Tips can help you sleep better. They recommend more eating, doing your work in your sleep, and “lucid” [...]

From the people who brought you Speed Read Your Way Through Law School, we bring you - nap time.

A new study found that napping boosts sophisticated memory. It also helps you to see the big picture.

These 10 Tips can help you sleep better. They recommend more eating, doing your work in your sleep, and “lucid” dreams (smile). Hey, law school wouldn’t be so bad like this:

10. Reduce Screen Time Before Bed

9. Exercise to Enhance Sleep

8. Eat to Enhance Sleep

7. Master the Power Nap6. Avoid the Soul-Shattering Alarm Buzzer

5. Solve Problems in Your Sleep

4. Beat Insomnia with Visualization

3. Shortcut a Long Nap with the Clattering Spoon

2. Take a Caffeine Power Nap

1. Teach Yourself to Lucid Dream

Before you get too concerned, keep in mind that nap rooms in law firms have been discussed before.

Though there are probably too many lucid thoughts running around law firms as it is, without the installation of places to “sleep.”

h/t Martha Sperry of Advantage Advocates in Boston

Med Students Think They’re Isolated? Hah, Pansies!

Fri, 12 Dec 2008 19:26:33 GMT

A study a couple months ago indicated that medical students are socially segregated from each other. The reasons included: High workloads school located outside the main campus High numbers of contact hours, outside the university This seems to indicate that contact, inside the university, would alleviate the problem. They should learn a lesson from law student and quickly discover otherwise. The [...]

A study a couple months ago indicated that medical students are socially segregated from each other.

The reasons included:

High workloads
school located outside the main campus
High numbers of contact hours, outside the university

This seems to indicate that contact, inside the university, would alleviate the problem. They should learn a lesson from law student and quickly discover otherwise.

The drawbacks of this supposed isolation included:

Being a member of a cohesive in-group can increase an individuals feelings of self-worth and lead to perceived superiority over, and prejudice and discrimination towards, members of out-groups
It lessens integration with clients, who come from a broad section of society
They usually have to work within other professionals
Communication is an important skill for dealing with members of the out-group

The sense of superiority in law often leads to a self-selection of dealing with certain members of society, which is probably why pro bono goes the wayside far too quickly.

The CBC reported recently that we should improve medical students’ learning environment by providing sleep breaks. Well, law firms already encountered and overcome that hurdle.

As for working with others and communication, well, all of that is overrated by too many law firms.

Remember this?

Experienced lawyers work with clients. Young lawyers work with paper. You like working with paper, right?

The chargeable hour, Italian-style

Fri, 12 Dec 2008 12:14:16 GMT

An unusual case in Italy rested on an allegation of double trouble: identical twin sisters were prosecuted for a long-running scam in which one allegedly filled in for the other at work. Gabriela Odisio, a lawyer and part-time judge from Magenta, allegedly used her sister Patrizia to impersonate her when she was double-booked, allowing her [...] Related posts:

The Greater Fool From Saturday’s FT comes this: What we have here is...

An unusual case in Italy rested on an allegation of double trouble: identical twin sisters were prosecuted for a long-running scam in which one allegedly filled in for the other at work. Gabriela Odisio, a lawyer and part-time judge from Magenta, allegedly used her sister Patrizia to impersonate her when she was double-booked, allowing her to draw fees for being in two places at once. The sisters managed to fool everyone for three years, prosecutors said. Their ruse was only discovered after they were overheard discussing their plans by a client.

Better give your lawyer a really thorough look over when you get your next bill.

(Source: The Times)

The Greater Fool From Saturday’s FT comes this: What we have here is...

My Three CLawBie Nominations…

info@thoughtfullaw.com (David J. Bilinsky) — Sun, 07 Dec 2008 09:01:50 GMT

? Three is a magic number Ya it is, it’s a magic number Somewhere in that ancient mystic trinity You’ll get three As a magic number…? Written and performed by Bob Dorough Steve Matthews, the creator of the Canadian Legal Blog Awards, has just announced the 2008 Clawbie Nomination process. True to Steve’s creative and delightfully quirky mind, rather than [...]

? Three is a magic number
Ya it is, it’s a magic number
Somewhere in that ancient mystic trinity
You’ll get three
As a magic number…?

Written and performed by Bob Dorough

Steve Matthews, the creator of the Canadian Legal Blog Awards, has just announced the 2008 Clawbie Nomination process. True to Steve’s creative and delightfully quirky mind, rather than just submitting a nomination, he has invited people to nominate three Canadian Legal blogs via a blog post.

Never being one to turn down a creative challenge, here are my three choices to kick things off:

1. Slaw.ca: Hardly day goes by where I don’t look at Slaw and see what is on people’s minds. The cooperative weblog idea is a powerful one - here we see web 2.0 concepts in action - and the resulting dialogue between posts and comments makes the blog totally fresh and intriguing. The points of view come from all across Canada. The topics are driven by what the Slaw community feels is important. It is like being part of a great big respectful conversation that never stops - and never stops being interesting. This is my nomination for Simon Fodden and the rest of the crew for crafting, nurturing and growing this ever so Canadian social legal blog.

2. Twitter. OK, now I know Steve will say this isn’t a blog per se. Nor is it a Canadian blog per se. But it is a micro-blog - and there is a community of Canadians twittering - and tweating and listening to each other and to others - on Twitter. I think these Canadians have crafted their own collective micro-blog on Twitter - and it is fascinating! Where Slaw is about a big, deep, thoughtful community, Twitter is about being part of a different, dynamic, ‘flow of consciousness’ community. The Canadians in the Twitter community know who they are - but that doesn’t get in the way of anything. This is really about having a dialogue with people. Kevin O’Keefe (an American, if that matters) just posted to Twitter on the Clawbies while I was writing this. Twitter is everything about breaking legal and technology news and being involved - or part - of the story at the same time. So my nomination is for all the Canadians who are on Twitter and crafting their own micro-blogging community within a community!

3. law21.ca: Jordan Furlong is doing great things on his blog that deals with what my old mathematics professors would call inflection points. These are points where a function changes curve and interesting things are happening. Jordan is extraordinarily skilled in picking up on those inflection points in the legal community’s function and providing insightful commentary thereon. Well thought, well done and well received. Keep up the good work Jordan - my third nomination.

And so I encourage you to visit www.clawbies.ca and read the nominations and nominate a blog or two yourself! Oh - and Vote too! That makes three - nominate, read and vote - an ancient magical trinity!

Doud, we drive on the right side of the road in the UK

Fri, 05 Dec 2008 16:36:12 GMT

Or rather dude we drive on the left side of the road. Go to jail, Mr Doud of Chigaco. Or Gaol as we call it. Any American readers about to cross the pond should take Geeklawyer’s highly regarded online cultural awareness & sensitivity training course please email for a embarassingly high costs; or would you rather [...]

Or rather dude we drive on the left side of the road. Go to jail, Mr Doud of Chigaco. Or Gaol as we call it.

Any American readers about to cross the pond should take Geeklawyer’s highly regarded online cultural awareness & sensitivity training course please email for a embarassingly high costs; or would you rather go to jail?

Prorogue a ‘Very Dangerous’ Precedent

Fri, 05 Dec 2008 11:10:59 GMT

Prof. Errol Mendes of UofO has stated that PM Harper’s recent decision to prorogue government is not just a bad idea, but “very dangerous.” Any time that the prime minister wants to evade the confidence of the House now he can use this precedent to do so… This is certainly an unprecedented situation that we saw unfold. [...]

Prof. Errol Mendes of UofO has stated that PM Harper’s recent decision to prorogue government is not just a bad idea, but “very dangerous.”

Any time that the prime minister wants to evade the confidence of the House now he can use this precedent to do so…

This is certainly an unprecedented situation that we saw unfold. I hope that we won’t come to the brink of this type of effort to unseat a sitting government going against the democratic wishes of the people of Canada.

Mendes is the same person who contemplated seeking an injunction when the election was called early.

He suggests that parliament could pass legislation to prevent prorogue abuse in the future, which may just happen when the House resumes in January. All three parties have indicated they intend to continue their efforts despite attempts at appeasement.

In the meantime I’m thinking that if the PM can prorogue over lack of confidence, why can’t all of us follow the same precedent?

I’m thinking of proroguing my exams this week. Friends have indicated an interest in proroguing mortgage payments, or maternity leave until their kids hit 21.

One of my colleagues in law school posed a philosophical question as to whether death could be prorogued. My response was if an elected government doesn’t do the job we elect them (or not) to do, can we regard it as a breach of social contract and prorogue our taxes?

Probably not, but just like death and taxes, the recent move by the PM likely just delays the inevitable.

Cross-posted from Slaw.

A Miller Update

Thu, 04 Dec 2008 04:52:15 GMT

An update from a previous post. John Miller, a journalism professor, has a new reply for Mark Steyn. He challenges his characterization of quotes (a mistranslation of a mistranslation of an unverified quote), and asks these questions, What responsibility do you have as a writer to avoid inaccurate stereotypes? What onus do you feel, as a person who [...]

An update from a previous post.

John Miller, a journalism professor, has a new reply for Mark Steyn. He challenges his characterization of quotes (a mistranslation of a mistranslation of an unverified quote), and asks these questions,

What responsibility do you have as a writer to avoid inaccurate stereotypes?

What onus do you feel, as a person who has considerable influence, to promote understanding, not just tear us further apart?

Why do you resort to personal insults when the issues — most of which you have not addressed — are journalistic: Do you select facts only to justify your point of view, or is your point of view justified by the facts?

Steyn’s response is to threaten to get him fired, and get this, call him a “dickhead” and tells him to f-off.

What a clown.

We’ve moved on since high school Steyn. So should you.

A clarification of questions : an unabridged translation of Resaleh towzih al-masael

Wed, 03 Dec 2008 09:54:29 GMT

Or, why academia matters. Here is what Azim Nanjim, who was with Oklahoma State University at the time before moving to the University of Florida, says in the Journal of the American Academy of Religion, Except for a scholarly Foreword by Michael Fischer and Mehdi Abedi, which sets the work in context, there are major problems with [...]

Or, why academia matters.

Here is what Azim Nanjim, who was with Oklahoma State University at the time before moving to the University of Florida, says in the Journal of the American Academy of Religion,

Except for a scholarly Foreword by Michael Fischer and Mehdi Abedi, which sets the work in context, there are major problems with the translation. It lacks all the necessary elements of scholarly apparatus, in particular a proper definition and explanation of technical and juristic terms. The attempted Glossary is totally inadequate and organized haphazardly with no regard for the order of Arabic and Persian terms. The translation itself contains many errors and is very misleading in places. The work as a whole could have done with considerable editing. As it stands, the translation is a case of lost labor.
[emphasis added]

Hamid Algar in the Department of Near Eastern Languages at the University of California, continues the shredding in the International Journal of Middle East Studies,

To the turgid flood of books generated by the Islamic Revolution of Iran has now been added a complete but crude translation of Imam Khomeini’s compendium of legal rulings, Tauzih al-masd’il…
the translation of Tauzih al-masdail could have been a worthwhile project if executed properly.

The translator, J. Borujerdi, defends his work against anticipated criticism by saying that “a literal approach was deemed more likely to preserve the intent and content of the original” (p. xxx), but it would be misleading to characterize his version as a literal rendering. Borujerdi’s method has been to substitute mechanically English words for Persian ones with very little regard for meaning. Some of the results are that the Persian namdz guzdrdan or namdz khwdndan (to perform or recite a prayer) has been translated throughout as “laying a prayer,” a meaningless expression; that sigha (a woman married for a contractually specified period) has been rendered as “formula,” so that zani ki sigha mishavad is translated as “a woman who becomes a formula” (p. 319); and that hadas (a bodily function or state rendering ablution necessary) is rendered as “mishap” (p. 425). In several cases, the English word chosen reflects a misunderstanding of the original; thus the form of divorce involving renunciation by the wife of her dowry (khul) has been translated as “the dethroning divorce” (p. 334), an absurdity clearly inspired by a confusion between khul and khal (the deposition of a ruler). In other cases, the English word used is lexically correct but fails to convey the technical meaning of the Persian. One example of this is the rendering of shikasta namaz khwdndan (to abbreviate the prayer in specified circumstances) as “laying the prayers brokenly” (p. 187), a grotesque expression sure to baffle the reader. “Imitation” (p. 200) is a marginally defensible translation of iqtidd (following an imam in prayer), but unless expanded and clarified in English translation it is contextually meaningless. Makruh could be legitimately translated, in some contexts, as “abominable” and “loathsome,” the words chosen by Borujerdi (see p. xxxi; why he has not settled on one of the two words for consistent use throughout the work is unclear). However, in the terminology of fiqh, makruh designates something disapproved of and best left undone, although not forbidden; the word does not convey the sense of moral or aesthetic disgust that accompanies “abominable” and “loathsome.” Moreover, both English words imply a higher degree of distaste than does “unlawful,” the word Borujerdi uses for haram, whereas an act that is makruh is, of course, less reprehensible than one that is haram. Some of the foregoing might, of course, be ascribed to difficulties experienced by Borujerdi in the manipulation of English, but his translation also provides evidence for other kinds of disability. He seems to imagine that the Qur’an has a Sura entitled “Yes” (see p. 72), for this is how he renders Surat Yasin, evidently unaware that the name of the Sura is always written Y-S in the Arabic script.

[even the most rudimentary Western scholar, or any elementary school student (not even high school) in many parts of the world, would know this]

…In sum, this is a book that only those with an avid and undiscriminating appetite for literature on Iran will wish to acquire.

[emphasis added]

Editors of Canada’s national news magazine, did you not bother to read this?

If you did, it seems like you failed to challenge your star author on why he dropped out of his Farsi class in high school.

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