: Modern textualism has long criticized the use of practical, or consequentialist, reasoning when construing statutes. And yet in practice, textualist jurists long have invoked practical consequences arguments to help justify their statutory constructions. The post Practical Consequences in Statutory Interpretation appearedfirst on Harvard Law Review
: Religious freedom claimants have achieved tremendous success before the Supreme Court in recent years. Yet free exercise jurisprudence has bounced between skepticism and embrace... The post Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise appearedfirst on Harvard Law Review
: In almost every context, first impressions are key. I would argue that, for lawyers, communicating clear expectations during that first meeting is an essential skill. It is not a skill that comes easily. I have spoken about this topic with many lawyers over the years. There seems to be a clear divide between newly-called lawyers who have a tendency to make grand promises and seasoned lawyers who temper expectations. There is no “right” or “wrong” approach here. Everyone has to figure out their own style. My own style has been to keep expectations low…. very low. I conduct on average . . . [more] The post Managing Client Expectations appearedfirst on Slaw
: Every now and again, a mainstream occurrence helps inform the general public about the world of dispute resolution. Often through the world of sports. Mediation has resolved a hockey lockout . Arbitration has resolved salary disputes between player and team. This summer, we encountered another one. A trade that would return Kawhi Leonard to the Toronto Raptors has been delayed pending the outcome of an investigation surrounding an alleged salary cap circumvention. Fans frustrated by the delay have wondered why the ongoing investigation cannot be sped up. Some media have speculated that this was possible, though at the time of . . . [more] The post You Can’t Hurry Judge appearedfirst on Slaw
: How many times have you asked someone , “ how are you?” Similarly, how many times have you been asked the same question? If we think about this, the question becomes very mundane and actually quite meaningless. “How are you?” has become a customary greeting, wherein we don’t expect to receive or give a response that is more than “I am okay. Recently, after being asked by a friend “how are you?” I realized in mid answer, that this person was not even listening to what I was saying. I am certain that many of you have found yourselves in . . . [more] The post The Wellness Lawyer: “How Are You?” appearedfirst on Slaw
: Introduction to the Information Warfare In an age where the proliferation of fake news has impacted over 80% of the UK population, the call for innovative solutions has never been louder. The advent of AI has intensified the spread of disinformation, particularly in the context of major global events and elections, making the battle against misinformation more complex and crucial. The AI Challenge in Disinformation The Dark Side of AI AI technologies have transformed the landscape of digital communication, but not without drawbacks. The ease of creating and spreading false information through automated systems and convincing deepfakes has led to The post The Silent War on Disinformation: How Web Scraping is Changing the Battlefield appearedfirst on Business Today
: The often-blurred lines, as among legal information publishing, legal information technology, legal research tools and beyond, certainly give the impression that the only serious moving and shaking is that which focuses on artificial intelligence, though perhaps almost exclusively at the top end of the legal practice market . It would be safe to suggest, however, that even if law publishing activity is not as we have known it in the past, reports of its death may have been somewhat exaggerated . In recent times, my attention has been grabbed by online soliciting from UK law publishers, among them, for example, . . . [more] The post Meanwhile, Law Publishing Life Goes On appearedfirst on Slaw
: Through my own journey with chronic pain, I am acutely aware of the impact language can have on your health. More specifically, I recognize the role catastrophizing plays in magnifying pain and that simple word substitutions can facilitate healing. It has also triggered a recognition that the language I use with clients may also negatively contribute to their anxiety. Catastrophizing involves exaggerating the severity of a situation and jumping to the worst possible conclusion. As noted in the recent Psychology Today article, “Catastrophizing”: Everyone has negative thoughts. But for many people, negative thinking can spin out of control and be . . . [more] The post The Dangers of Catastrophizing in Client Communications appearedfirst on Slaw
: Police use of force continues to be a significant problem in American law and society. Recent discussions have focused on doctrinal issues such as what type of force is considered “reasonable” under the Fourth Amendment and the propriety of qualified immunity as a defense that can shield law enforcement from civil litigation. However, there has been little commentary on how these and other legal questions might be informed by medicine — specifically, victim diagnoses that might effectively absolve officers from criminal prosecution or civil liability. The post Excited Delirium, Policing, and the Law of Evidence appearedfirst on Harvard Law Review
: Key Takeaways: Subtitle: Unraveling the Impact of New Taxes on UK Business Landscape. Tax Tsunami: The Burden on UK Businesses The landscape of UK business taxation has undergone seismic shifts, marked by a torrent of new taxes that have inundated businesses with unprecedented financial burdens. Recent research by Thomson Reuters unveils the stark reality faced by UK businesses, grappling with soaring tax costs and escalating compliance complexities. The Rising Tide of New Taxes A Decade of Tax Expansion Two-thirds of business taxes introduced in the past decade have contributed to a significant surge in tax expenditures for UK businesses, soaring The post Tax Turmoil: UK Businesses Grapple with Soaring Costs as New Taxes Skyrocket! appearedfirst on Business Today
: Over the past several years, artificial intelligence has moved steadily from the margins of organizational life toward the centre of ordinary operations. It now appears throughout the systems organizations rely upon and the work their people perform, frequently arriving without any deliberate decision to adopt it. For a growing number of organizations, the question is no longer whether artificial intelligence will appear in some form. It has already arrived, and that development carries real implications for boards of directors. I have spent a fair amount of my career in and around boardrooms, working on questions of corporate governance, non-profit governance, . . . [more] The post What the Minutes Show: Boards and the Governance of AI appearedfirst on Slaw
: Is the re-examination of past decisions sapping the justice system’s capacity to hear and decide legal disputes at first instance? Our system has numerous ways to reopen past decisions and let a new set of adjudicators and advocates root around for errors: review, reconsideration, and motions to set aside or reopen as well as appeal itself. These re-examinations constitute a necessary organ, which serves essential functions in the justice system: correcting legal errors, delineating and refining legal rules, making new common law, and ensuring that administrative decision-makers do not exceed their jurisdiction. And yet these procedures have arguably been allowed . . . [more] The post Appellate Hypertrophy in the Canadian Justice System appearedfirst on Slaw
: The Society for Children and Youth of BC (SCYBC) recently published a series of research papers on child capacity in the context of children’s participation rights [Note 1]. The papers examine capacity generally and in four specific contexts: health care, mental health, family law, and child welfare and adoption. Why does this matter? Traditionally, we have tended to assume that a child must first demonstrate sufficient “capacity” before being permitted to meaningfully participate in decisions affecting their life. And capacity has often been assessed primarily through the lens of cognitive ability. The SCYBC reports challenge both assumptions. I found them . . . [more] The post Busting Myths About Children’s Capacity to Meaningfully Participate appearedfirst on Slaw
: Claim No: KB-2026-002571 In the High Court of Justice King’s Bench Division 29 July 2026 Before: Mr Justice Fordham Between: HXS -v- Daniel Ryan Kane Robert Samms Dylan Nelson The person or persons unknown (a) who have communicated with the Claimant by email from the email address dannyryan_94@hotmail.co.uk; or (b) who have communicated with the Claimant by ordinary text message from +1 917 722 9086; or (c) who has communicated with the Claimant by WhatsApp numbers +1 940 601 2821 and +44 7423 436872; or (d) who have communicated with the Claimant by Telegram accounts @edm2181 and @dg96dg; or (e) who have communicated with the Claimant via the Seeking dating website; or (f) who use or have used a Revolut account under the name Daniel Ryan with the GB IBAN GB76 REVO 2301 2083 5150 68 and the BIC/SWIFT code REVOGB21; or (g) who use or have used the Wise bank account under the name Kane Robert Sams with IBAN: GB76 REVO 2301 2083 5150 68 and BIC/SWIFT: REVOGB21 The post HXS -v- persons unknown and others appeare[...]
: Claim No: KB-2026-002571 In the High Court of Justice King’s Bench Division 29 July 2026 Before: Mr Justice Fordham Between: HSX -v- Daniel Ryan Kane Robert Samms Dylan Nelson The person or persons unknown (a) who have communicated with the Claimant by email from the email address dannyryan_94@hotmail.co.uk; or (b) who have communicated with the Claimant by ordinary text message from +1 917 722 9086; or (c) who has communicated with the Claimant by WhatsApp numbers +1 940 601 2821 and +44 7423 436872; or (d) who have communicated with the Claimant by Telegram accounts @edm2181 and @dg96dg; or (e) who have communicated with the Claimant via the Seeking dating website; or (f) who use or have used a Revolut account under the name Daniel Ryan with the GB IBAN GB76 REVO 2301 2083 5150 68 and the BIC/SWIFT code REVOGB21; or (g) who use or have used the Wise bank account under the name Kane Robert Sams with IBAN: GB76 REVO 2301 2083 5150 68 and BIC/SWIFT: REVOGB21 The post HSX -v- persons unknown and others appeare[...]
: The troika of artificial intelligence, pricing, and talent transience has been with us for some time now. As a result, traditional pyramid-structured law firms grappling with these bet-the-business juggernauts are at an inflection point. I propose a flatter way forward. I have been writing and talking about this issue for many years, most recently as part of my ‘The Law Firm’ series: Pyramid Rollover , Private Equity Puzzle , Disappearing Act , Foundational Rebuild , and now this one, Inflection Point. My argument throughout this series is that traditional law firm pyramid structures will not hold against AI, pricing, and . . . [more] The post The Law Firm Inflection Point appearedfirst on Slaw
: Key Takeaways: In a staggering revelation that has left motorists reeling, car insurance premiums have skyrocketed by a whopping 58% within the last 12 months, thrusting the average annual cost to a staggering £995. As drivers grapple with the financial strain of these exorbitant expenses, experts delve into the core reasons driving this unprecedented surge and offer invaluable insights into mitigating the impact. Unraveling the Surge: Reasons Behind Rising Car Insurance Premiums As drivers grapple with the burden of escalating car insurance costs, it’s imperative to understand the driving forces fuelling this surge: Navigating the Turbulence: Expert Strategies to Mitigate The post Exposed: The Shocking Truth Behind Skyrocketing Car Insurance Costs! appearedfirst on Business Today
: In my previous column on the Alberta Regulated Professions Neutrality Act , [1] I focused on subtle details of the Act and the important implications of those details for how the Act worked and what it did. [2] In this column, I focus instead on the major flaw of the Act, which flaw is glaringly obvious but seems to have received relatively little attention and prompted relatively little pushback outside the legislative assembly. [3] Nothing in this column is revolutionary or imaginative or even particularly original. But it is worth emphasizing nonetheless. While the Act has implications for many regulated . . . [more] The post Again, Why? the Big Picture of the Alberta Regulated Professions Neutrality Act appearedfirst on Slaw
: In a previous article, I wrote about the benefits of simulations in jump-starting learning. In this article, I want to focus on one specific aspect of simulation: the use of simulated clients. Medicine has long used simulated patients to help students develop practical skills and bedside manner. The use of simulated clients to support law student learning is a more recent development. Through the pioneering work of Paul Maharg and others, simulated clients have become an important educational tool in legal education in Canada and around the world. Rather than discussing the history of simulated clients or the training they . . . [more] The post Beyond Role Playing: How Simulated Clients Enhance Learning appearedfirst on Slaw
: The growth of self-representation in all adjudicative settings may ultimately require a new approach to adjudication that is even more fundamental than a root and branch overhaul of procedure and practice. What legislators and courts may need to consider is the development of forums that are focused on and limited to adjudicating cases involving SRLs. Such courts would channel cases involving SRLs into a specific forum where court participants, including the adjudicator and court staff and any required wrap-around services, would exclusively plan for and engage with litigants who do not have legal representation. One such experiment has been underway . . . [more] The post Imagining a Possible Future: Self-Represented Litigant Courts appearedfirst on Slaw
: CALL member Dominique Garingan , Library Manager in the Calgary office of Parlee McLaws LLP, recently wrote an article on " The Singular They: Gender Inclusivity in Canadian Legal Writing and Style Guides " . It originally appeared on the website Notes Between Us on June 22, 2022 . It is reprinted here with permission. Language is a product of culture, and it is known that the English language lacks a singular pronoun that signifies the non-specific he or she . Although at times unintentional, this singularity versus plurality of pronouns, coupled with gendered indicators, has helped entrench the binary perceptions of gender found in writing which we are now seeking to change. The Department of Justice of Canada recently provided a series of guidelines on the use of gender-neutral language in a legislative context. These guidelines include as a recommendation the use of the singular they and its other grammatical forms ( them , themselves , and their ) to refer to indefinite pronouns and s[...]
: UT ref: UA-2026-000083-PIP In the Upper Tribunal Administrative Appeals Chamber 28 October 2026 Before: Stewart Wright Judge of the Upper Tribunal Between: LC -v- Secretary of State for Work and Pensions Anonymity Order Appellant: LC Respondents: Secretary of State for Work and Pensions Tribunal: First tier Tribunal (Social Entitlement Chamber) Tribunal venue: Scarborough Tribunal Case Nos: SC231/24/00181 Tribunal decision date: 29 August 2025 NOTICE: Any breach of this order is liable to be treated as a contempt of court and may be punishable by imprisonment, fine or other sanctions under section 25 of the Tribunals, Courts and Enforcement Act 2007. The maximum punishment that may be imposed is a sentence of two years’ imprisonment or an unlimited fine. It is ordered , under rule 14(1)(b) of the Tribunal Procedure (Upper Tribunal Rules) 2008, that, without the permission of this Tribunal, no one shall disclose or publish the name, or any part of the address, of the appellant in these proceedings or publish [...]
: CALL member Marcelo Rodriguez, the Foreign, Comparative and International Law Librarian at the University of Arizona Law School in Tucson, Arizona, recently wrote an article on " Researching Foreign and International Current Events ". It originally appeared on Slaw.ca on August 16, 2022. It is republished here with permission of the author. In my professional experience working as a law librarian in multiple types of institutions, most of the time a question about or related to a situation happening in a foreign country or at the international level comes primarily through one scenario: the researcher read about it in an online media outlet, newspaper, article, blog, tweet, etc. and wants to know more. Understanding, finding relevant sources and making sense of a rapidly (d)evolving and fast moving situation in a foreign country or internationally is an incredibly complicated and labor intensive type of research, no matter how much experience you have in the subject or country. To hopefully alleviate some of[...]