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Free Speech Coalition, Inc. v. Paxton (Harvard Law Review)
: The Supreme Court has consistently confirmed that nonobscene sexually explicit content is First Amendment–protected expression. It has treated this sexually explicit content the same... The post Free Speech Coalition, Inc. v. Paxton appeared first on Harvard Law Review
Managing Client Expectations (Slaw)
: 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 appeared first on Slaw
People v. Thompson (Harvard Law Review)
: The Supreme Court has long declared itself “supreme in the exposition of the law of the Constitution.” But that does not leave the state... The post People v. Thompson appeared first on Harvard Law Review
Nebraska v. Su (Harvard Law Review)
: Over two decades after then-Professor Elena Kagan published her seminal article Presidential Administration, presidential involvement in agency action has increased so much that it... The post Nebraska v. Su appeared first on Harvard Law Review
Habeas Class Actions (Harvard Law Review)
: Can habeas corpus cases proceed as class actions? The Supreme Court has never squarely answered that question, even in cases where lower courts certified habeas classes. But the Trump Administration’s wholesale push to expel noncitizens has forced the question to the center of modern civil rights litigation. The post Habeas Class Actions appeared first on Harvard Law Review
Revealed: The Top-Paying Remote Jobs That Will Skyrocket Your Salary! (Business Today)
: Key Takeaways: In a world where remote work has become the new norm, professionals are flocking towards industries and locations that promise not only flexibility but also hefty paychecks. A groundbreaking study conducted by electronic retailer Currys has unveiled the untapped potential of remote jobs, shedding light on the industries and locations that offer the most lucrative opportunities for remote workers. The Remote Revolution: IT Dominates the Landscape With remote work gaining traction post-pandemic, the demand for flexible roles has surged dramatically. A staggering 49% of UK desk workers express a heightened desire for flexible roles, with many citing reluctance The post Revealed: The Top-Paying Remote Jobs That Will Skyrocket Your Salary! appeared first on Business Today
Between a Rock and a Gun (Yale Law Journal)
: The Roberts Court has methodically expanded the scope of Second Amendment rights. But in its first Second Amendment case involving a criminal defendant, United States v. Rahimi , the Court blinked. This Essay explores the implications of that
Co-Governance and the Future of AI Regulation (Harvard Law Review)
: It’s no secret that artificial intelligence (AI) has posed a challenge for lawmakers. Tackling the technological complexity, rapid pace of development, and broad variety... The post Co-Governance and the Future of AI Regulation appeared first on Harvard Law Review
Artificial Intelligence and the Creative Double Bind (Harvard Law Review)
: It has long been taken for granted that creativity is a uniquely human ability. Copyright doctrine, designed to incentivize creativity, is built on such... The post Artificial Intelligence and the Creative Double Bind appeared first on Harvard Law Review
The Compatibility of Substantive Canons and Originalism (Harvard Law Review)
: In recent years, the Supreme Court has developed the “major questions doctrine,” an interpretive presumption that Congress must speak clearly before delegating to an... The post The Compatibility of Substantive Canons and Originalism appeared first on Harvard Law Review
Why I’m protesting against the Palantir contract: a mother’s perspective on raising her son in Poland (EUobserver)
: Poland is not the first European country Palantir has approached, but other allied nations have already drawn the line. In Switzerland, the Swiss armed forces rejected Palantir’s offers nine times. The military’s conclusion was that it was technically impossible to guarantee that sensitive national data would not reach American intelligence
You Can’t Hurry Judge (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 appeared first on Slaw
Introduction: To Keep Government Generally Within the Bounds of Law (Harvard Law Review)
: The current President of the United States has a relationship with the law that is casual at best and contemptuous at worst. Whether the... The post Introduction: To Keep Government Generally Within the Bounds of Law appeared first on Harvard Law Review
New climate case in the European Union : Romania’s first climate lawsuit by Anisia Hereșanu (Blog de Droit Européen)
: In 2019, the UN High Commissioner for Human Rights claimed that “[t]he world has never seen a threat to human rights of this scope” as that posed by climate change. Awareness of this issue is growing, which is why we see more and more cases where the emergency of the climate change crisis is being brought before the Courts. Climate-related lawsuits are multiplying around the
The Big Move: A Financial Titan’s First UK Property Gamble Pays Off (Business Today)
: Mirabaud’s Bold UK Entry In a significant move underscoring its global expansion strategy, Mirabaud Asset Management has marked its first foray into the UK property market with the acquisition of a premier office campus in Crawley, adjacent to London’s Gatwick Airport. This acquisition not only augments Mirabaud’s real estate portfolio to a staggering $700 million but also aligns with its trajectory of investing in strategic, single-tenant properties. Virgin Atlantic’s Nest: A Key Asset The focal point of this acquisition is the office building that has been the heart of Virgin Atlantic’s operations since its inception. This property, built exclusively for The post The Big Move: A Financial Titan’s First UK Property Gamble Pays Off appeared first on Business Today
Scope of Employment (Slaw)
: Copyright has several rules which apply automatically. If an employee creates a work in the scope of employment, and absent an agreement to the contrary, the employer is the first owner of the copyright in the work. [1] The Ontario Court of Appeal had occasion to focus on what is meant by the words ‘in the scope of employment’ in Nexus Solutions Inc. v. Krougly , 2026 ONCA 199. At trial, the Court held that the employer, Nexus Solutions, did not establish that the software in question was created by Krougly ‘in the scope’ of employment, even though Krougly secretly . . . [more] The post Scope of Employment appeared first on Slaw
The Dangers of Catastrophizing in Client Communications (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 appeared first on Slaw
Reconsidering Common Objections to Mediation (Slaw)
: Most of the common reasons for declining mediation are well known. These include concerns that it may be premature, that additional information is required, or that the opposing party is unreasonable. Other justifications include the belief that the law is clear, the case is strong, and mediation would only increase costs. Some of these concerns are legitimate. Not every dispute is suitable for mediation, and even appropriate cases may not be ready for mediation at a particular stage. Ontario has now had mandatory mediation in parts of the province for more than twenty-five years. The program began in Toronto and . . . [more] The post Reconsidering Common Objections to Mediation appeared first on Slaw
Where Are the Law Librarians? (Slaw)
: In recent years, the number of law librarians in public sector and academic roles has declined. Most notably, the Ontario Ministry of the Attorney General (MAG) has reduced the staff of its Toronto-based law library to the point that, as of sometime in 2025, it no longer has a professionally staffed law library. [2] In other words, no actual librarians work at the law library of the Ministry of the Attorney General. [3] This deprofessionalization took place quietly and gradually, with no public announcement, no discussion in the legislature, and no opportunity for public scrutiny. The MAG is not the . . . [more] The post Where Are the Law Librarians? appeared first on Slaw
The Argument for Encouraging Student Use of AI in First-Year Law (Slaw)
: 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
The Contents of EC Tax Review, Volume 33, Issue 05, 2024 (Kluwer International Tax Blog)
: We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Han Kogels, Will the Road to Carbon Neutrality Become Even More Bumpy Than Ever? The first-ever global stocktake of what has been achieved and what still must be achieved since the 2015 Paris Agreement... Continue
The Wellness Lawyer: “How Are You?” (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?” appeared first on Slaw
Shadow AI: A Growing Problem for Canadian Courts (Slaw)
: Many generative AI tools are relatively easy to access and use. For example, no technical expertise is required to pull up and type a prompt into ChatGPT, and the most basic version is free. This reality has led to a significant amount of “shadow AI” use within organizations; that is, uses of AI that are not formally approved or are even contrary to formal policies. Concerns about shadow AI commonly arise in the context of private companies, with some studies indicating that over 80% of workers report using unapproved tools at work. Much less discussed – and worthy of far . . . [more] The post Shadow AI: A Growing Problem for Canadian Courts appeared first on Slaw
Meanwhile, Law Publishing Life Goes On (Slaw)
: 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
FTC, States Sue Amazon Over Secret Ad Surcharge Scheme (Federal Trade Commission - Protecting America's Consumers)
: Today, 22 states joined the Federal Trade Commission in filing suit against Amazon, alleging that the company engaged in deceptive and unfair practices that secretly inflated prices in its online search advertising auctions. The complaint alleges that, for over seven years, Amazon has covertly and substantially increased the prices that more than one million brands and sellers were required to pay to advertise on its platform. As a result, the complaint alleges that Amazon’s scheme has likely extracted tens of billions of dollars from its unwitting advertising customers. “When one of the world’s largest online retailers engages in unfair and deceptive conduct, the impact can be staggering,” said Chairman Andrew N. Ferguson. “Amazon has millions of advertising customers who were misled into paying significantly higher prices. These higher costs were largely passed on to American consumers. The FTC under President Trump won’t allow this deception to continue.” The FTC, along with the attorneys general of Ala[...]
Excited Delirium, Policing, and the Law of Evidence (Harvard Law Review)
: 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
Trade Secrets as an Alternative to Patent Protection (Slaw)
: A perpetual question from clients is whether a new development should be protected by filing a patent application or kept as a trade secret? Patents are granted by national patent offices for new, useful and not obvious inventions. Patents require a full and public description of the idea and the details needed by a skilled person to put that idea into practice. For example, Section 27(3)(c) of the Patent Act requires that for machines, the patent “explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle”. This quid pro . . . [more] The post Trade Secrets as an Alternative to Patent Protection appeared first on Slaw
FTC Seeks Comment on X Corp. Petition to Set Aside or Modify FTC Order Concerning Twitter (Federal Trade Commission - Protecting America's Consumers)
: The Federal Trade Commission is seeking public comment on a petition from X Corp., formerly known as Twitter, to set aside or modify its 2022 settlement order with the agency . In its petition to the Commission, X Corp. cited several reasons why it believes that the order should either be set aside or modified so that it terminates at the end of 2026. The petition argues: The order was imposed on a company that no longer exists, that every individual responsible for the underlying failures has left the company and that X Corp. has since built a world-class privacy and data-protection program; The order no longer serves any valid regulatory purpose, imposing millions of dollars in needless costs to address obligations and protections already required by domestic and international privacy regimes and industry-recognized frameworks that X Corp. follows; Setting aside the order safeguards First Amendment values; and Setting aside or modifying the order is critical to advancing American leadership in artificial i[...]
Shocking Revelations: The Green Revolution That Could Cost You Money! (Business Today)
: Key Takeaways: The Green Job Craze: Sacrifices for Sustainability Recent data from Indeed, a global job matching platform, has unveiled surprising insights into the growing allure of sustainability-focused careers. With a staggering 1 in 4 individuals willing to accept a pay cut for a role that positively impacts society and the environment, the dynamics of the job market are undergoing a profound transformation. The Rising Demand for Green Talent The statistics speak volumes about the shifting priorities among job seekers and employees. A 116% surge in ESG/sustainability-related job postings between 2019 and 2024 reflects an increasing demand for professionals who The post Shocking Revelations: The Green Revolution That Could Cost You Money! appeared first on Business Today
Ninth Circuit Partially Revives ‘Low-FODMAP’ Labeling Suit (The Daily Intake)
: A Ninth Circuit panel has partially revived (Law360 subscription required) a lawsuit alleging that FDA and USDA nutrient content claim regulations violate First Amendment rights by preventing the inclusion of certain information about fermentable oligosaccharides, disaccharides, monosaccharides, and poloyols (FODMAPs) on food labels. The lawsuit was initially filed against FDA, USDA, and USDA's Food Safety Inspection Service (FSIS) in March 2023 after one plaintiff submitted a label to FSIS for approval. FSIS denied the approval, telling the company that it must “remove all references to digestible, gut loving, and fodmap.” According to the plaintiff, FDA had never raised concerns about the claims on labels of FDA-regulated foods. According to the Ninth Circuit, FSIS told the company that it discussed the proposed label with FDA, and FDA agreed that the FODMAP claims were impermissible nutrient content claims. The company modified the label, then filed the lawsuit along with a consumer plaintiff. The plainti[...]
EU-OSHA moves to new headquarters in Bilbao’s BAT Tower in the presence of European Commission Executive Vice-President Roxana Mînzatu (OSHA)
: The European Agency for Safety and Health at Work (EU-OSHA) today inaugurated its new offices in the BAT (B Accelerator Tower), in a ceremony presided over by the European Commission Executive Vice-President for Social Rights and Skills, Quality Jobs and Preparedness, Roxana Mînzatu . Also taking part in the event were William Cockburn , Executive Director of EU-OSHA; Mikel Torres , Deputy First Minister and Minister of Economy, Labour and Employment of the Basque Government; Ainara Basurko , Provincial Councillor for Economic Promotion and First Deputy General; and Amaia Arregi , First Deputy Mayor and Counsellor for Security at the Bilbao City Council. During the inauguration, European Commission Executive Vice-President Roxana Mînzatu highlighted that EU-OSHA’s new headquarters in the BAT marks the beginning of a new chapter for the Agency, which has been based in Bilbao since 1996 and has become Europe’s reference point for occupational safety and health. She noted that the building symbolises values suc[...]
What the Minutes Show: Boards and the Governance of AI (Slaw)
: 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 appeared first on Slaw
Dormancy and Delaware: An Emerging Threat to the Internal Affairs Doctrine (Harvard Law Review)
: A longstanding choice-of-law rule known as the internal affairs doctrine has predominated over corporate law matters in the United States since at least the 1860s. Acknowledged by the Supreme Court and generally followed by the states, the doctrine holds that the internal affairs of a corporation are governed by the law of the state where it is incorporated, notwithstanding where it may be headquartered. The post Dormancy and Delaware: An Emerging Threat to the Internal Affairs Doctrine appeared first on Harvard Law Review
Ecochain Joins PACT Network: Accelerating Carbon Transparency in Business (Business Today)
: Key Takeaways: Empowering Businesses for a Sustainable Future In a move that underscores its commitment to sustainability and climate action, Ecochain has joined the PACT network, a milestone that promises to reshape how businesses navigate their carbon footprints and environmental impact across their value chains. A Step Towards Carbon Transparency Ecochain’s inclusion in the PACT catalog as a PACT conformant solution signifies a pivotal moment in the global effort to achieve carbon transparency. By adhering to the technical specifications set forth by the Partnership for Carbon Transparency (PACT), Ecochain aims to empower businesses with the tools to make informed, carbon-conscious The post Ecochain Joins PACT Network: Accelerating Carbon Transparency in Business appeared first on Business Today
The Gender Credit Crunch: How Women Navigate Financial Rejection (Business Today)
: Key Takeaways: In a revealing study by Fair4All Finance, the not-for-profit financial inclusion organization, it has been discovered that women, once rejected for credit or loans, are more likely than men to perceive “no” as a final verdict. As we celebrate International Women’s Day, the findings shed light on the gender credit crunch, emphasizing the need for addressing financial inequalities faced by women. Breaking Down the Gender Credit Crunch: A Comprehensive Analysis Barriers to Credit Applications: The study, polling 3,101 adults across the UK, uncovered that over a third of women (36%) are deterred from applying for credit due to The post The Gender Credit Crunch: How Women Navigate Financial Rejection appeared first on Business Today
Imagining a Possible Future: Self-Represented Litigant Courts (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
Invisible Ink: Claude Watermarking and the Canadian Legal Profession (Slaw)
: 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
Iranian Lawyers Under Attack in Iran and Abroad (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
Appellate Hypertrophy in the Canadian Justice System (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
Busting Myths About Children’s Capacity to Meaningfully Participate (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 appeared first on Slaw
The Old Québec (Vieux-Québec) historic district: Heritage, tourism and real-estate developers since the post-war years (ESPI2R)
: Introduction There are several ways of conceiving heritage conservation. For the purpose of this paper, we need to start from the premise that what we call “heritage” is a dynamic, evolving reality, and that a historic district such as “Old Québec” can undergo structuring transformations rooted in a process of heritage conservation. In Old Québec, the process of conservation —also referred to “patrimonialization”—has not received the attention it deserves. This paper aims to shed light on the process of functional requalification has undergone by Old Québec since the 1950s, within the broader context of its transformation into a historic district. It is based on discourse analysis (Berthold, 2013), supported by a diversifie body of documentation, including primary sources, such as archival documents, press reviews, geospatial and land-use data, and official reports. It is complemented by a body of scholarly literature devoted to Old Québec since the 1970s. First, we explain the sociohistorical process that l[...]
Canadian Association of Law Libraries Intervention in Upcoming Supreme Court of Canada Copyright Case (Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog)
: By: Susannah Tredwell , Manager of Library Services at DLA Piper (Canada) LLP and James Bachmann , Instructional Librarian, Law Library, University of British Columbia Since 1988, when CALL/ACBD’s Copyright Committee was first set up, CALL/ACBD has advocated for its members' interests in the area of copyright. While the primary focus of CALL/ACBD’s copyright advocacy over the last few years has been on Crown copyright and primary law, CALL/ACBD has also made submissions about such areas as fair dealing and licencing. CALL/ACBD sees this work as not only supporting the needs of its members but also as serving the interests of access to justice as a whole. Continuing this work, on January 18, 2022 CALL/ACBD, along with Library Futures Institute, will act as an intervener in the Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al. Kim Nayyer, CALL/ACBD’s President, and Robert Janes of JFK Law will be representing CALL[...]
Committal for contempt of court: Luton Community Housing Limited -v- Earl and others (Judgement Courts Tribunals England Wales)
: Claim number: M00LU691 In the County Court at Luton Luton Justice Centre 5 June 2026 Before: His Honour Judge Davies Between: Luton community housing limited (“squared”) -v- 1. Christopher Earl 2. David Earl 3. Charlotte Earl 4. Roger Litchfield MR VAUGHAN appeared on behalf of the Claimant THE FOURTH DEFENDANT appeared In Person (part) NO APPEARANCE by or on behalf of all other Defendants Judgement (approved) This Transcript is Crown Copyright. It may not be reproduced in whole or in part, other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved. WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript [...]
A Futile Search for “Truth”? Epistemically Unproductive Expenditures in Civil Lawsuits (Slaw)
: Is this a rabbit, or is it a duck? It’s both. (You’ll see the two animals after a few seconds if you haven’t already). Known as Jastrow’s rabbit/duck, this image has been amusing people ever since it first appeared in a German newspaper in 1892). How much time and money should be spent trying to prove that Jastrow’s drawing is really a duck, or really a rabbit, or more one than the other? No time and no money at all. Our civil justice system tries to search for truth , in order to bring each lawsuit to a just resolution . . . [more] The post A Futile Search for “Truth”? Epistemically Unproductive Expenditures in Civil Lawsuits appeared first on Slaw
Made in USA? Avoiding a Yankee Doodle Don't (FTC USA Business Blog Posts)
: Made in USA? Avoiding a Yankee Doodle Don't wfg-adm109 October 21, 2013 | 11:17AM Made in USA? Avoiding a Yankee Doodle Don't By Lesley Fair There are lots of nifty phone accessories, bottle holders, tow straps, pet items, and lanyards out there. So a label that says the product is Made in the USA may help make the decision for some consumers. When it bears the American flag and says “TRULY MADE IN THE USA,” that just might seal the deal. But according to an FTC lawsuit , a lot of the “Made in the USA” merchandise touted by Logan, Utah-based E.K. Ekcessories wasn’t really made in the USA – turning the company’s claims from a Yankee Doodle Do to a Yankee Doodle Don't. E.K. Ekcessories sells a variety of outdoor equipment through popular retailers and on its own site. In addition to the labels, the company touted its products’ U.S. pedigree with statements like “For 28 years E.K. Ekcessories has been producing superior quality made accessories in our 60,000 sq. ft. facility in Logan, Utah,” and “Our source[...]
UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan (ANJ)
: UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan admin lun 13/09/2021 - 16:45 On 20 July 2021, the French Gambling Authority (ANJ) gathered sports betting’s operators in order to make the overview of the European Football Championship that has been scarred by some abuses. Resulting from a constructive exchange, these operators have agreed on the necessity to proceed at a rebalancing of their practices in order to preserve the recreational model of the French gambling market. As such, the ANJ introduced an action plan that seeks to reinforce operators’ compliance, to adapt and complete existing tools and, where required, to use sanctioning procedures. English Questionable practices highlighted during the European Football Championship UEFA European Football Championship 2021 confirmed the growing place of sports bets in France with EUR 434 million of online stakes. The French team matches have arou[...]
Spilling the beans: The anatomy of a diet craze (FTC USA Business Blog Posts)
: Spilling the beans: The anatomy of a diet craze lfair January 26, 2015 | 1:07PM Spilling the beans: The anatomy of a diet craze By Lesley Fair Some people call it the “Oz Effect” – the bump in consumer demand after a product or ingredient is featured on the The Dr. Oz Show. In a just-announced settlement, the FTC says defendants Lindsey Duncan, Pure Health LLC, and Genesis Today, Inc., took advantage of that phenomenon by deceptively touting the purported weight loss benefits of green coffee bean extract . The complaint recounts how defendant Duncan fueled a diet craze. The story has it all: a national TV appearance, a popular host, claims that people would lose weight without diet or exercise, and a comprehensive marketing campaign designed to take advantage of all of the above. The only thing missing, according to the FTC, was proof the product actually worked. As the complaint recounts, a Dr. Oz producer contacted Texas-based Lindsey Duncan, who had been on the show before, about an appearance to talk abo[...]
First FTC ROSCA case challenges bogus BOGO and "free" claims (FTC USA Business Blog Posts)
: First FTC ROSCA case challenges bogus BOGO and "free" claims wfg-adm109 October 21, 2014 | 12:02PM First FTC ROSCA case challenges bogus BOGO and "free" claims By Lesley Fair It’s called ROSCA – the Restore Online Shoppers’ Confidence Act – and it prohibits marketers from charging consumers for an online transaction unless the marketer has clearly disclosed all material terms of the deal and received the consumer’s express informed consent. Your e-commerce clients will want to know about the FTC’s first ROSCA case , filed recently in Nevada. According to the lawsuit, Health Formulas, LLC and a tangle of related California- and Nevada-based companies and individuals – consumers may know them as Simple Pure Nutrition – pitched a variety of products for weight loss, muscle building, virility, and skin care. The defendants advertised diet supplements like Pure Green Coffee Bean Plus and RKG Extreme as a shortcut to drop the pounds: “Burn fat without diet or exercise,” “Extreme weight loss!” “Shed pounds fast!” “[...]
Patent Publication Dates (Slaw)
: Once a patent is granted, it can be asserted in litigation against an alleged infringer. One of the remedies that can be obtained is “reasonable compensation” for pre-grant infringement pursuant to section 55(2) of the Patent Act . While relief is often sought and granted for pre-grant infringement, the remedy has some subtleties, including those arising from changing practices at the Canadian Patent Office. Section 55(2) of the Patent Act states the following: 55(2) A person is liable to pay reasonable compensation to a patentee and to all persons claiming under the patentee for any damage sustained by the patentee . . . [more] The post Patent Publication Dates appeared first on Slaw
Tips Tuesday: Researching Indigenous Legal Orders (Slaw)
: 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
The Law Firm Inflection Point (Slaw)
: 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 appeared first on Slaw
The Learning Opportunities We Don’t Plan For (Slaw)
: The beginning of another academic year has me reflecting on what more we can give students beyond the curriculum. We spend considerable time thinking about what students need to know and what they need to be able to do. We develop learning outcomes, create assignments, design simulations, evaluate learning, and provide feedback. All those things are important. However, some of the most valuable learning opportunities are not found in the curriculum at all. Sometimes, they arrive in an email. I remember an interaction with a student from several years ago. The student had sent a series of emails that were, . . . [more] The post The Learning Opportunities We Don’t Plan For appeared first on Slaw
Cohen Muriel, Des familles invisibles : Les Algériens de France entre intégrations et discriminations (1945-1985) (Revue européenne des migrations internationales)
: Muriel Cohen’s book contributes to a burgeoning scholarship about Algerians’ place in France in the 20th century. It is part of a historiography that grapples with France’s troubled and troubling history as an imperial nation state. Cohen identifies her goal “to bring out the uniqueness of Algerian family immigration” by considering both their interaction with the state and the “multiple pathways” they took (p. 22). In other words, she reminds us that Algerians’ experiences have been more diverse than depictions—in the media and in political circles—have allowed. Cohen’s work traces the medium durée (p. 19) from the end of World War II through the early Mitterrand administration. It builds on previous scholarship. Structurally, the book has three sections which follow chronologically. The first examines the period of the Algerian War for Independence (1954-1962). Her chapters focus on key problems the French administration identified—housing, social services, and education—via a
FTC Challenges Anticompetitive Medical Device Deal (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission today moved to block medical device supplier Edwards Lifesciences Corp.’s (Edwards) proposed acquisition of JenaValve Technology, Inc. (JenaValve) due to concerns that the acquisition would limit patient access to lifesaving medical devices used to treat a potentially fatal heart condition. The FTC alleges that over the span of two days in July 2024, Edwards executed agreements to acquire both JenaValve and JC Medical, the two leading companies competing to bring to market transcatheter aortic valve replacement devices that treat a heart condition called aortic regurgitation (TAVR-AR devices). Edwards closed its acquisition of JC Medical in August 2024, and its proposed $945 million acquisition of JenaValve would combine the only two companies with ongoing clinical trials in the United States for a TAVR-AR device. The deal threatens to reduce competition in the TAVR-AR market, likely resulting in reduced innovation, diminished product quality, and potentially increased prices for[...]
FTC Recommends Anticompetitive Regulations for Deletion or Revision (Federal Trade Commission Concurrence communiqués)
: On Tuesday, Federal Trade Commission Chairman Andrew N. Ferguson submitted recommendations for deleting or revising anticompetitive regulations across the entire federal government to the White House’s Office of Management and Budget. This report is a response to President Trump’s Executive Order on Reducing Anticompetitive Regulatory Barriers . The Executive Order tasked the FTC with finding unnecessary regulations that exclude new market entrants, protect dominant incumbents, and predetermine economic winners and losers, as a first step to repealing them. “President Trump’s Executive Order recognizes that heavy-handed regulations can hurt competition, including by entrenching incumbent firms, raising costs for new entrants, and discouraging innovative new ways to serve customers,” said FTC Bureau of Competition Director Daniel Guarnera. “Competitive markets lower the cost of living, improve the quality of products and services, and drive innovation. Our engagement with citizens across the country and agenc[...]
UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan (ANJ)
: UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan admin lun 13/09/2021 - 16:45 On 20 July 2021, the French Gambling Authority (ANJ) gathered sports betting’s operators in order to make the overview of the European Football Championship that has been scarred by some abuses. Resulting from a constructive exchange, these operators have agreed on the necessity to proceed at a rebalancing of their practices in order to preserve the recreational model of the French gambling market. As such, the ANJ introduced an action plan that seeks to reinforce operators’ compliance, to adapt and complete existing tools and, where required, to use sanctioning procedures. English Questionable practices highlighted during the European Football Championship UEFA European Football Championship 2021 confirmed the growing place of sports bets in France with EUR 434 million of online stakes. The French team matches have arou[...]
FTC Begins Enforcing the TAKE IT DOWN Act (Federal Trade Commission - Protecting America's Consumers)
: The Federal Trade Commission today began enforcing the TAKE IT DOWN Act (TIDA), a law requiring platforms, at the request of victims, to remove intimate photos or videos shared online without victims’ consent. As part of its enforcement role, the FTC has launched TakeItDown.ftc.gov , a website allowing victims and survivors to submit complaints about platforms that have failed to act on valid requests for the removal of nonconsensual intimate images. The website also accepts complaints about platforms that have failed to create a process for people to request removal of these images. “Thanks to First Lady Melania Trump’s dedication, the public, especially children, will have recourse against digital exploitation and extortion,” said FTC Chairman Andrew N. Ferguson. “In the age of AI, anyone can be targeted, and that becomes even more appalling if children are involved. The TAKE IT DOWN Act empowers families and provides the FTC with an effective tool to protect minors against this form of abuse.” The FTC enf[...]
Light and Shade. The Challenges of Judicial Heritage (Criminocorpus)
: Should the heritage of justice be considered a “dark heritage”? The questions raised in this new issue of Criminocorpus journal in the context of the project’s 20 th anniversary celebrations in 2023 are in line with its long-standing willingness to promote the creation of a museum of justice in France to showcase the entire judicial world and penal chain; a unifying place that could bring together all institutional memories and would be both scientifically demanding and open to the public. The first virtual groundwork was laid in 2016 as we launched the first online digital museum dedicated to the history of justice. Since then, the editorial policy of Criminocorpus has always remained in line with this perspective . The question of the relationship between historians of justice and the notion of heritage was raised as early as the 1990s, when Jean-Claude Vimont set a few milestones pleading in favor of studying the penal heritage of Haute-Normandie by questioning his own
Tax Turmoil: UK Businesses Grapple with Soaring Costs as New Taxes Skyrocket! (Business Today)
: 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! appeared first on Business Today
Exposed: The Shocking Truth Behind Skyrocketing Car Insurance Costs! (Business Today)
: 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! appeared first on Business Today
Revealed: The UK’s Most Accessible Music Venues Unveiled! (Business Today)
: Key Takeaways: In a world where the magic of live music transcends boundaries, ensuring accessibility for all patrons remains paramount. With the live music scene evolving rapidly, a recent study by BonusFinder.co.uk has unveiled the UK’s most accessible music venues, shedding light on key factors that enhance inclusivity and enjoyment for fans of all abilities. London’s Finest: The Epitome of Accessibility Royal Albert Hall: A Beacon of Inclusivity Southbank Centre: A Symphony of Inclusivity Liverpool’s Philharmonic Hall: Harmonizing Inclusivity Navigating Accessibility Challenges: The Road Less Traveled Barrowlands Ballroom: A Struggle for Accessibility Scala: A Historic Venue Grappling with Accessibility Empowering The post Revealed: The UK’s Most Accessible Music Venues Unveiled! appeared first on Business Today
Grow Your Own Future: The Aeroponic Revolution Is Here! (Business Today)
: The Genesis of The Eden Aeroponics Project In Puslinch, Ontario, a groundbreaking initiative has taken root in the form of The Eden Aeroponics Project, spearheaded by Dan Atkinson, a visionary with over thirty years in hydroponics. This project is not just about gardening; it’s a movement towards sustainable living, offering state-of-the-art indoor aeroponic gardens that promise to revolutionize how we cultivate food in our homes and communities. The Future of Home Gardening Aeroponic Advancements The Eden and The Eboo represent the pinnacle of aeroponic gardening, combining style with sustainability. These systems are designed to fit seamlessly into living spaces, producing The post Grow Your Own Future: The Aeroponic Revolution Is Here! appeared first on Business Today
Driving Danger: UK’s Road Collision Epidemic Unveiled (Business Today)
: Key Takeaways: The Alarming Reality of Road Collisions Dominance of Driver Error Recent research has pinpointed driver error as the predominant cause of road collisions in the UK, with two-thirds of accidents each year attributed to this factor. This startling statistic reveals a widespread issue that spans across the nation, with London experiencing the highest incidence rate. The Observation Crisis Failing to look properly is the second leading cause of road accidents, responsible for over a third of collisions. This problem is particularly acute in London, where nearly half of all accidents are due to this oversight, indicating a critical The post Driving Danger: UK’s Road Collision Epidemic Unveiled appeared first on Business Today
Briefcases & Cigarettes: The Law Library of 1978 (Slaw)
: This summer our law library intern (shout out to Bailey Kaye!) is reviewing our archival casebook collection for a digitization project. Among them was a casebook for exchange students arriving at Dalhousie Law School in 1978. It outlined an introduction to the common law, as provided by the Sir James Dunn Law Library. In this casebook, the Sir James Dunn Law Library included a helpful list of general information about library etiquette. Let’s review how you were to conduct yourself in the law library of 1978, shall we? The one rule that has survived nearly word-for-word, across nearly fifty years . . . [more] The post Briefcases & Cigarettes: The Law Library of 1978 appeared first on Slaw
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