: 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 appeared first on Slaw
: Today, it seems obvious that criminal defendants can waive constitutional rights. Plea bargains make up the vast majority of criminal convictions, and defendants routinely trade their rights — to indictment, to remain silent, to an attorney, to a jury — in exchange for a faster trial or a lesser charge. The modern criminal legal system is a regime of negotiated justice. Rights used to have more force. The post The First Criminal Procedure Revolution appeared first on Harvard Law Review
: One of the recurring themes of this column has been the extent to which the governance of artificial intelligence in Canada is increasingly being shaped by institutions outside the country while regulatory action within the country is largely stalled. Anthropic’s recent announcement that future versions of Claude will place an invisible watermark in generated text offers the most recent example of this phenomenon. A transparency requirement enacted in the European Union will alter the operation of Claude globally and may therefore leave a detectable signal in legal work prepared in Canada, including work produced through specialized legal-focused AI platforms that . . . [more] The post Invisible Ink: Claude Watermarking and the Canadian Legal Profession appeared first on Slaw
: Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Legal Feeds 2. The Trauma-Informed Lawyer 3. Michael Geist 4. Double Aspect 5. Timely Disclosure Legal Feeds SCC affirms 7-2 that methods of medical treatment cannot be patented in Canada Methods of medical treatment cannot be patented under Canadian law, the Supreme Court of Canada ruled in . . . [more] The post Monday’s Mix appeared first on Slaw
: What is a tort, and what is tort law for? On one leading scholarly account, torts are legal liability rules that seek to promote the welfare of society at large by disincentivizing socially suboptimal behavior and distributing the costs of accidents to those who can best bear them. The post What is a Tort? appeared first on Harvard Law Review
: By standard accounts, there are fifty-four constitutions across the federal, state, and territorial governments of the United States. But in fact, there are 230 other governmental constitutions that currently govern peoples and territories within the United States. These constitutions not only flow from a sovereignty that existed prior to the United States but also came out of a legal movement that asserted its independence from both the U.S. Constitution and state constitutions. This Article tells the story of these constitutions — the constitutions of Native nations. The post Indigenous Constitutionalism appeared first on Harvard Law Review
: Queen’s University Library has added a new chapter on “ An Introduction to Researching Indigenous Legal Orders ” to their Canadian Legal Research Manual . The introduction to the chapter notes that it “provides a very brief introduction to researching Indigenous legal orders. It is not meant to be comprehensive, but rather a starting point primarily intended for non-Indigenous law students researching in an academic setting.” It includes an overview of the terminology, an overview of sources of Indigenous law, a discussion of ethical considerations and limitations of resources, as well as a list of further reading. Suggested resources include . . . [more] The post Tips Tuesday: Researching Indigenous Legal Orders appeared first 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 appeared first 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 appeared first on Harvard Law Review
: A consensus is emerging in law schools across Canada and the US that AI has no place in teaching the core curriculum, because it impedes student learning, especially in first year. Schools are beginning to follow the University of Chicago’s lead in banning AI in first-year core courses. Some profs are also banning laptops in classrooms — taking every precaution to shield students’ developing minds from the corrosive effects of AI. Michael Plaxton, one of the leading voices in Canada thinking through the many challenges AI poses to legal education, crystallizes the argument: “The case for law schools must be . . . [more] The post The Argument for Encouraging Student Use of AI in First-Year Law appeared first on Slaw
: This submission is part of a column swap with the American Association of Law Libraries (AALL) bimonthly member magazine, AALL Spectrum . Published six times a year, AALL Spectrum is designed to further professional development and education within the legal information industry. Slaw and the AALL Spectrum board have agreed to hand-select several columns each year as part of this exchange. Maria spent three weeks searching Google for divorce forms. She reworked an old petition a relative had filed 15 years ago and later paid for updated forms online that were actually available for free elsewhere. By the time she . . . [more] The post The Invisible Law Library: Making Legal Information Visible Through Outreach appeared first 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 appeared first on Slaw
: Preoccupation with the ongoing armed conflict in Iran has diverted attention from the grim aftermath of Iran’s nation-wide protests that began on 28 December 2025, during which tens of thousands of protestors were killed, arrested, or disappeared. Lawyers were prevented from reaching their detained clients. Lawyers themselves were among those detained simply for trying to do their jobs. Protestors are now being tried without legal representation before courts that lack any semblance of independence or impartiality. Frequent executions are now being carried out following hasty and grossly unfair proceedings. Dissidents who flee Iran may be subjected to transnational repression in . . . [more] The post Iranian Lawyers Under Attack in Iran and Abroad appeared first on Slaw
: Background information Date of final decision: 10 July 2025 National case Controller: Poste Vita s.p.a. Legal Reference(s): Article 5 (Principles relating to processing of personal data), Article 33 (Notification of a personal data breach to the supervisory authority) Decision: Administrative fine Key words: Administrative fine, Clients, Data security, Insurance, Personal data breach Summary of the Decision Origin of the case The investigation was initiated following a complaint from an insurance company (Poste Vita) customer who complained about the unlawful disclosure of personal data to an unauthorised third party who had then used it in legal proceedings. The data related to three life insurance policies held by the complainant. Key Findings During the investigation, the Italian Supervisory Authority (SA) verified that the data breach had occurred due to a series of errors committed by the company's operators. They had responded to requests for information regarding the data subject's policies without[...]
: Over the past few years, I’ve delivered presentations to legal groups and member organizations focussed on “Journey Mapping”. [1] Journey Mapping is the visual representation of an individual’s journey through a process that happens over time. It is a collection of touchpoints from the beginning to the end looking at the individual’s experience, the stages in a process, the actors and emotions. It sounds like a simple concept, right? But, what is most complex is trying to explain the value of Journey Mapping in the law, because there is exceptional value, and you only have to see it to see . . . [more] The post A Victim’s Criminal Justice Journey: The Value of Visual Mapping appeared first on Slaw
: Artificial intelligence is proliferating the legal sector. In the article, “ AI Competence Is Now a Professional Obligation “, Soussanna Karas writes that the question is not will lawyers use AI but “whether they will do so competently, ethically, and responsibly”. I think the same question can be extended to the judiciary. At some point, judges will be using AI, and may already be doing so. For example, CanLII uses generative AI . So, when lawyers and judges access CanLII, they could already be considered using a form of AI. But where should we draw the line? In my opinion, . . . [more] The post The Danger of AI in Decision Writing: Where to Draw the Line? appeared first 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[...]
: Planning a social media marketing campaign? Read this first. lfair November 13, 2018 | 12:24PM Planning a social media marketing campaign? Read this first. By Lesley Fair It started as one of those “run it up the flagpole” ideas to enlist big-name gymnasts to promote a brand of mosquito repellent just as news stories about the 2016 Brazil Olympics were sounding warnings about the Zika virus. Public relations firm Creaxion Corporation and specialty sports magazine publisher Inside Publications used a variety of digital strategies on behalf of the brand: athlete endorsements, social media posts, “advertorials,” and consumer reviews. But according to the FTC’s complaint , their efforts violated established FTC advertising principles. Which of those strategies are you using? And are you avoiding legal pitfalls by making appropriate disclosures? Creaxion – an Atlanta-based marketing and PR company – was approached by client HealthPro Brands to help launch its mosquito repellent. They agreed Creaxion would produce[...]
: We can’t go for that (no can do) lfair July 17, 2017 | 11:38AM We can’t go for that (no can do) By Lesley Fair Of course, phantom debt collection – the practice of pressuring people to pay “debts” they don’t owe – harms consumers. But as an FTC complaint demonstrates, when phantom debt collectors strike, they could affect your company, too. According to the FTC , a Florida-based outfit engaged in a scheme to defraud consumers through the collection of debts people didn’t actually owe or the company didn’t have the authority to collect. The complaint charges that the defendants – Hardco Holding Group, S & H Financial Group, Dequan M. Sicard, and Daryl M. Hall (no, not that Daryl Hall) – violated the FTC Act and Fair Debt Collection Practices Act. When contacting consumers, in many instances the defendants allegedly impersonated attorneys and threatened to have people thrown in jail if they didn’t pay up on delinquent payday loans – loans, remember, that many consumers didn’t take out in the first place and de[...]
: Background information Date of final decision: 15 May 2025 National case Controller: SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months Key words: administrative fine, consent, unsolicited communication Summary of the Decision Origin of the case As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the cha[...]
: Background information Date of final decision: 15 May 2025 National case Controller: SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months Key words: administrative fine, consent, unsolicited communication Summary of the Decision Origin of the case As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chai[...]
: 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[...]
: Le texte français suit. Dear CALLeagues, I hope this finds you well and enjoying the first stretch of summer. Our formal post-conference survey has now been released, and I encourage every member to take a few minutes to complete it. If you joined us in Moncton, please tell us what worked, what did not, and what you would like to see from future CALL/ACBD conferences. If you were not able to attend, we want to hear from you as well. This survey is about more than feedback on one event. It will help us understand who is coming to our conferences, why they attend, what they value, and what barriers may be keeping others away. We also want to know what might make attendance easier or more compelling in future years. Your answers will help us improve next year’s conference in Saskatoon and plan more thoughtfully for the years ahead. On that note, I am very excited to share some big news: CALL/ACBD will be heading to Toronto in 2028 to celebrate the Association’s 65th anniversary! Sixty-five years is a remarkable[...]