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Phrase Selected: San Francisco (CA) United States

Keyword Selected: San

4.1 earthquake strikes near Corona, slightly shakes Southern California

A magnitude 4.1 earthquake was reported shortly before 2 p.m., according to the U.S. Geological Survey.


Inside the far-right plan to use civil rights law to disrupt the 2024 election

Experts describe the plan as a legal long shot, but say it could sow doubts about the integrity of a rematch between President Biden and former President Trump.


Police swarm Cal Poly Humboldt, arresting at least 25 and ending weeklong siege over Gaza war

Pro-Palestinian encampments have sprung up on the campuses of UC Irvine, UC Riverside, Occidental College, Sacramento State and San Francisco State, among others.


Many O.C. residents deny Trump election results, potentially swaying key races, poll finds

In a purple county with several contests that could shape the balance of power in Congress, doubts about elections could keep voters away in November a particularly conservatives.


Column: My Mami's hard life, cut short right when it was about to get really good

The pain I feel at her death from ovarian cancer at age 67 remains raw. The guilt over not appreciating Mami's love until it was too late, haunts me.


Accomplice in shooting death of 6-year-old Aidan Leos pleads guilty, sentenced to time served

Wynne Lee, 26, pleads guilty to one felony count of accessory after the fact and one misdemeanor count of having a concealed firearm in a vehicle. But she won't serve any more time.


How an expensive bet by Emily's List in an Orange County congressional race went awry

The Democratic political group spent big in support of Joanna Weiss during the 47th District primary, only to see her finish third.


Zip ties, guns and a rope: New details emerge on Newport Beach home invasion

Police have arrested a 24-year-old man in connection with a Newport Beach home invasion that occurred early Tuesday.


A drunk driver killed her husband and daughter. His 11-year sentence brings no comfort

The 11-year prison sentence handed to the drunk driver who killed her husband and daughter is not enough, Anaheim woman says.


Column: Disneyland just promised electric cars at Autopia. Gas will be gone by 2026

Disney had previously committed to ditching gasoline engines but left open hybrids as a possibility.


Huge Disneyland expansion to add new rides, restaurants and hotels wins OK

Anaheim City Council approves a plan to amend zoning rules to allow Disneyland to build new rides, hotels and stores within its existing footprint.


California sues Huntington Beach over 'blatantly and flatly illegal' voter ID law

The voter ID lawsuit is the latest clash between California and the conservative town, which has thrust itself into the U.S. culture wars and the crosshairs of state officials.


A home invasion in Newport Beach ends with an apparent suicide

Newport Beach police are investigating a home invasion in which the victims and suspects apparently had a prior connection.


California sues Huntington Beach over 'blatantly and flatly illegal' voter ID law

The voter ID lawsuit is the latest clash between California and the conservative town, which has thrust itself into the U.S. culture wars and the crosshairs of state officials.


Man who killed 6-year-old in freeway shooting gets 40 years to life

A judge sentences Marcus Eriz to 40 years to life in prison for firing into a car on the 55 Freeway, killing 6-year-old Aiden Leos, in 2021.


Samuel Woodward's attorney admits his client killed a gay Jewish teen but denies it was a hate crime

Despite Woodward's association with Atomwaffen, considered a hate group, his attorney said Woodward was not driven by bigotry and didn't plan the killing.


As trial begins, O.C. prosecutors will try to prove Blaze Bernstein's killing was a hate crime

Bernstein was Jewish and gay, while Samuel Woodward, according to one of his attorneys, was conflicted about his sexuality.


Katie Porter is optimistic about the future of her congressional seat a and her career

California has become a key battleground in the fight for the U.S. House of Representatives, and Porter's Orange County seat is one of a handful that will help determine which party wins control.


Scandal shadows Andrew Do's final year on the O.C. Board of Supervisors

Do is now facing an uncertain political future. In a sign of his waning influence, his chosen successor for his supervisor's seat failed to place in the top two in the March primary.


Column: Benny Wasserman handled the heat -- in life and in the batting cage

His last goal was to hit a 90-mph fastball at age 90, and he didn't quite make it. But his life was a home run for the family members who embraced him


Column: He admitted to punching a reporter. A judge wished him "best of luck"

Tyler Laube, then a member of the white supremacist group Rise Above Movement, repeatedly punched a reporter covering the rally for OC Weekly, where I was then editor in chief.


Is baseball still not 'a top priority' for Anthony Rendon? Angel is hitless in 19 at-bats

Anthony Rendon has a huge paycheck, questionable motivation and paltry production. Angels fans might cheer rather than boo the leadoff hitter who has started 0 for 19.


Laguna Beach High School investigates 'inappropriate' AI-generated images of students

Laguna Beach High School administrators have launched an investigation after a student allegedly created "inappropriate images" of other students using artificial intelligence.


California city council meetings stir up heated debate over calls for Gaza cease-fire

More city councils in California have weighed in on the Israel-Hamas war with calls for a cease-fire, often setting off major debates and discord at public meetings.


Former official pleads guilty to embezzling nearly $16 million from O.C. school district

Jorge Armando Contreras used Magnolia School District money to finance a lavish lifestyle including a house, BMW and cosmetic surgery, prosecutors say.


Men arrested in O.C. kidnapping case had criminal record. What did they do with the victim?

The two men charged with kidnapping Tony Lam from outside his Midway City home were former parolees with one serving nearly two decades behind bars for second-degree murder, Orange County prosecutors wrote in court records.


Easter weekend storm to hit L.A.: When will it rain? What events are canceled?

It's shaping up to be a wet Easter weekend in Southern California. Here is a timeline of what to expect.


An advocacy group for California cities supported Prop. 1. Now some members are leaving

Three Orange County cities, Newport Beach, Huntington Beach and Orange, vote to withdraw from the California League of Cities after it backed Proposition 1.


Orange County convicted killer who ditched halfway house is rearrested in Mexico

Ike Nicholas Souzer, 20, was busted by U.S. Customs and Border Protection and Mexican officials in Rosarito on Wednesday after crossing the border into Mexico.


Keyword Selected: Francisco

The first big-rig hydrogen fuel station in the U.S. opens in California

The Port of Oakland is home to the United States' first commercial hydrogen fuel station for big-rig trucks. It's a step on the road to cleaner trucking.


Tesla recalls nearly 4,000 Cybertrucks due to faulty accelerator pedal

Tesla's Cybertrucks are being recalled due to a faulty accelerator pedal, just five months after the electric pickups were delivered to drivers.


China's highflying EV industry is going global. Why that has Tesla and other carmakers worried

A flood of cheap Chinese electric car exports has raised the specter of another trade war with the U.S. And it has Tesla worried.


Column: Disneyland just promised electric cars at Autopia. Gas will be gone by 2026

Disney had previously committed to ditching gasoline engines but left open hybrids as a possibility.


The EV market is in trouble: The latest sign is Tesla's layoffs

The drive to electrify personal cars in California has, at best, hit a rough patch. The big question is whether current conditions will turn out to be growing pains.


Broken and unreliable EV chargers become a business opportunity for L.A.'s ChargerHelp

The women who started ChargerHelp are driven to succeed and to train a workforce of people who are often overlooked. They're also addressing a major issue with EV charging in California: reliability.


EPA issues new clean air rules for heavy-duty trucks. California's rules are tougher

The federal regulations don't mandate electric trucks or school buses, unlike California's tougher standards. But the EPA's rules will curtail a billion tons of greenhouse gas emissions each year.


Biden administration revs up plans to transition from gas-powered vehicles to EVs

A U.S. EPA rule would require car manufacturers to increase sales of electric vehicles while cutting carbon emissions from gasoline-powered vehicles.


What does the future of driverless taxi service in Los Angeles look like? It's already here

Waymo, the self-driving taxi company owned by Google's parent, Alphabet, gets the green light to expand its robotaxi service to Los Angeles County.


Tesla Cybertruck offroading on California beach ends with a glitch

A Cybertruck drove over a sidewalk and past a sign stating 'no vehicles on beach or dunes' at Marina State Beach, then became stranded in the sand.


Waymo is cleared to launch robotaxi service in Los Angeles, sparking new protests

The California Public Utilities Commission on Friday gave the green light for Waymo to expand its driverless taxi service into Los Angeles and San Mateo counties.


Once the darling of the EV world, the electric truck-maker Rivian is reeling

Electric truck maker Rivian was once seen as a rising star in the EV space. But now the company says it will lay off 10% of its employees, and its production targets for this year are coming in lower than expected.


San Mateo County is the latest community expressing concern against Waymo, driverless cars

San Mateo County and others want a say in regulating the operations of companies that deploy driverless cars.


More rain, more car-damaging potholes. Here's how you can get repaid for damage

Rain breeds potholes in aging roads around Southern California. You can file a claim for damage your car incurs, but reimbursement is not guaranteed.


Tesla settles for $1.5 million after allegations of illegally disposing hazardous waste

District attorneys from 25 counties combined their efforts into one civil environmental prosecution that ended Thursday when a San Joaquin County judge ordered Tesla to pay $1.5 million for illegally disposing of hazardous waste.


California board blasts EV charger company, then approves its $200-million plan anyway

Despite complaints over the reliability of EV chargers, California regulators have approved Electrify America's latest plan to expand charging infrastructure.


As EVs gain traction, how will California pay for road repair?

As EV sales grow, gas taxes will fall. That means less money for California road construction, maintenance and repairs.


State insurance commissioner says companies are delaying policies, denying discounts

Department of Insurance says auto insurers are creating barriers for new and renewing members, possibly violating state law.


Why is it so hard for California drivers to get insurance?

Insurers say state regulators are responsible for the difficulties that some drivers are having lining up new policies. Consumer advocates blame greed.


Tesla's response to the DMV's false-advertising allegations: What took so long?

As California's DMV accuses Tesla of false advertising, the carmaker says it has a 1st Amendment right to describe its vehicles as 'Full Self-Driving.'


Elon Musk delivers first Tesla Cybertrucks, calling them 'the most unique thing on the road'

Tesla's pickup has been mired by production delays and skepticism about its utility. Announcing the first deliveries, Elon Musk called the vehicle "actually very useful."


Column: What I learned from watching a 24-hour police pursuit channel

Pursuits are a waste of police resources. Watching them encourages stations to air more of them. And yet, like too many Southern Californians, I just can't quit.


Column: Nonunion automakers are matching the UAW's great contract, but that may be bad for the UAW

Toyota, Nissan, Honda and Subaru are raising wages in the wake of the UAW's Big Three contract, but their goal is to undermine the UAW.


BBC's 'Top Gear' on hiatus for 'foreseeable future' after host Freddie Flintoff's 2022 crash

The BBC is indefinitely pumping the brakes on 'Top Gear,' saying 'it's the right thing' a year after host Freddie Flintoff's test track crash.


Cruise sidelines entire U.S. robotaxi fleet to focus on rebuilding 'public trust'

In the wake of California pulling Cruise's permit to operate robotaxis in the state over safety concerns, Cruise is suspending all U.S. operations.


Column: From the state Assembly to the California Air Resources Board, Hector De La Torre makes his mark

I've written about how CARB's actions too often come off as pie-in-the-sky wokery that doesn't seem to consider how working-class folks might be able to afford living in a purified paradise. That's why I wanted to meet De La Torre, the second-longest-serving CARB member.


A Cruise car hit a pedestrian. The company's response could set back California's new robotaxi industry

A Cruise robotaxi dragged an injured woman 20 feet. The company misled reporters about the facts, and maybe state regulators too.


California DMV pulls permits for Cruise's driverless cars over safety concerns

California officials suspended Cruise's permits to operate driverless vehicles in the state, citing safety concerns. General Motors' autonomous vehicle brand had already been under investigation by federal transportation officials.


Keyword Selected: (CA)

Dealing With a Breach of a Court Order

When a party fails to abide by an interlocutory court order, there can be several consequences. For instance in Ontario, Rule 60.12 of the Rules of Civil Procedure states that “…the court may, in addition to any other sanction provided by these rules, (a) stay the partyas proceeding; (b) dismiss the partyas proceeding or strike out the partyas defence; or (c) make such other order as is just.”

In the recent case, Buduchnist Credit Union Limited v. 2321197 Ontario Inc., 2024 ONCA 57 at para 53, the Ontario Court of Appeal reaffirms that the court’s discretion to respond . . . [more]

The post Dealing With a Breach of a Court Order appeared first on Slaw.


Delays in Access to Justice and Memories

Everyone is the poet of their memories. … But like the best poems, they’re also never really finished because they gain new meaning as time reveals them in different lights.

Richard Hell

The resolution of disputes does not always depend on the memories of parties or witnesses, but when credibility is at issue the memories of actions can be a critical part of resolving disputes. The more we learn about how memories are formed, and more importantly, how they are retained, the more we should have real concerns about the ability of decision-makers to assess credibility of testimony of events . . . [more]

The post Delays in Access to Justice and Memories appeared first on Slaw.


Awakening the Sun

I recently read about an interesting concept about reframing oneas point of view.

It stated that if you wake up with the sun, you are still asleep. However if you awaken the sun, then you are truly awake.

I had to read it a few times to actually understand itas meaning, but then I realized that what this means, is that the way our day develops is completely up to us.

If we set an intention for the day to unfold in a calm and peaceful manner, knowing that we are fully capable of dealing with whatever challenges may arise, . . . [more]

The post Awakening the Sun appeared first on Slaw.


Tips Tuesday: Use the Verbatim Option in Google

You may have noticed that Google has changed its search results so that they now include words related to those in your search string. While this can be helpful, sometimes it means that the search results are not what you really wanted.A

One way of forcing Google to return only the words you are searching for is to put quotation marks around the words or phrases you want. Another way is to use Googleas verbatim option.

To use the verbatim option, go to the Tools option on the Google search page. Click on All Results and then select Verbatim. . . . [more]

The post Tips Tuesday: Use the Verbatim Option in Google appeared first on Slaw.


Mondayas Mix

Each Monday we present brief excerpts of recent posts from five of Canadaas awardA-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.A Global Workplace Insider 2. Vancouver Immigration Law Blog 3. Le Blogue du CRL 4.A Canadian Appeals Monitor 5. The Treasureras Blog

Global Workplace Insider
La Cour suprAame du Canada tranche : les cadres ne pourront se syndiquer au QuA(c)bec

Le 19 avril dernier, la Cour suprAame du . . . [more]

The post Mondayas Mix appeared first on Slaw.


Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec.

PANAL (DROIT) : L’appel de la dA(c)claration de dA(c)linquant dangereux prononcA(c)e A l’endroit de l’accusA(c) est rejetA(c), et ce, bien que le juge de premiA"re instance ait mal A(c)noncA(c) l’A(c)tat du droit et que la structure du jugement de dA(c)termination de la peine soit critiquable; la Cour n’y voit aucune . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.


Book Review: Big Data

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Big Data. Edited by Benoit Leclerc & Jesse Cale. Abingdon: Routledge, 2020. 148 p. Includes illustrations, bibliographic references, and index. Criminology at the Edge series. ISBN 9781138492783 (hardcover) $136.00; ISBN 9781032336992 (softcover) $42.36; ISBN 9781351029704 (eBook) $42.36.

Reviewed by Matthew Renaud
Law Librarian,
E.K. Williams Law Library, University of Manitoba . . . [more]

The post Book Review: Big Data appeared first on Slaw.


Governance Reform and Lawyer Independence in Canadian Legal Regulation: Examining British Columbiaas Bill 21

Earlier this month, the government of British Columbia introduced Bill 21, the Legal Professions Act. This bill amalgamates the Law Society of British Columbia and the Society of Notaries Public of British Columbia into a new corporation, Legal Professions British Columbia (LPBC), while also creating a licensing and regulation structure for paralegals. It could be the most consequential development in Canadian legal regulation in more than 100 years.

The British Columbia legal professionas leading organizations (the Law Society, the Canadian Bar Associationas BC branch, and the Trial Lawyersa Association of BC) strongly oppose Bill 21, with the . . . [more]

The post Governance Reform and Lawyer Independence in Canadian Legal Regulation: Examining British Columbiaas Bill 21 appeared first on Slaw.


Effective Use of Visual Aids in Mediation

The use of demonstrative or visual aids at mediation is more widely accepted by lawyers and mediators since the legal profession began its rapid embrace of technology. Arguably, the pandemic accelerated this implementation. The technology adoption started with the exchange of electronic mediation briefs, improved access to scanned documents, and the use of video software, like Zoom and Teams. Now, counsel more commonly use Power Point or slides and electronic documentation in their introductory remarks, and present demonstrative aids in their Mediation Briefs to bolster arguments by visual communication.

Through technology, counsel can now utilize a variety of demonstrative aids . . . [more]

The post Effective Use of Visual Aids in Mediation appeared first on Slaw.


BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence

Case Commented On: KMN v SZM, 2024 BCCA 70 (CanLII), overturning 2023 BCSC 940 (CanLII)

We have both written previously on myths and stereotypes about intimate partner violence (IPV), one of the most common of which is that women make false or exaggerated claims of violence to gain an advantage in family law disputes (see here and here). In KMN v SZM, 2024 BCCA 70 (CanLII), the British Columbia Court of Appeal (BCCA) recognized the existence of this myth and the need for courts to avoid making assumptions that perpetuate it, holding that it is . . . [more]

The post BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence appeared first on Slaw.


Mondayas Mix

Each Monday we present brief excerpts of recent posts from five of Canadaas awardA-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.A Dooreyas Workplace Law Blog 2. Lash Condo Law 3. Canadian Appeals Monitor 4. Family LLB 5. Avoid a Claim

Dooreyas Workplace Law Blog
SCC: Exclusion of Managers from Labour Legislation Not a Charter Violation

The Supreme Court of Canada released a much anticipated but under the radar . . . [more]

The post Mondayas Mix appeared first on Slaw.


Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec.

PANAL (DROIT) : La juge de premiA"re instance n’a pas errA(c) en dA(c)terminant que la caractA(c)ristique dominante de la poupA(c)e en silicone que possA(c)dait l’accusA(c) est une reprA(c)sentation des organes sexuels et de la rA(c)gion anale d’une enfant dans un but sexuel, ce qui constitue du matA(c)riel de pornographie juvA(c)nile . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.


Remembering Attorney General Roy McMurtry

The Hon. Roy McMurtry had a stellar career, serving as Chief Justice of Ontario, Canadian High Commissioner to the United Kingdom, Commissioner of the Canadian Football League, and Attorney General of Ontario. When he passed away in March, many of the tributes rightly focussed on the critical role he played in reaching athe kitchen accorda which led to the patriation of the Constitution with the enactment of the Charter of Rights and Freedoms, section 35 and the notwithstanding clause. Other tributes noted his participation in the landmark case of Halpern v. Canada (2003), which legalized same-sex marriage.

Because McMurtry . . . [more]

The post Remembering Attorney General Roy McMurtry appeared first on Slaw.


Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, orA learn how you can use Slaw JobsA to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

. . . [more]

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The Lack of Protection for Non-Denominational Identity: The Webber Academy Case

INTRODUCTION

Webber Academy (or athe schoola), a private educational institution in Alberta, defined itself as non-denominational: it did not engage in any overt religious practice (with one possible and qualified exception). Yet, after two Alberta Human Rights Commission (AHRC) decisions, two Queenas Bench (as it then was) (QB) judgements, two Court of Appeal (CA) rulings and two denial of leaves to appeal by the Supreme Court of Canada (SCC), it was held to have discriminated without justification against two Muslim students whom it prohibited from engaging, on school property, in overt prayers. How did this happen? And what does it . . . [more]

The post The Lack of Protection for Non-Denominational Identity: The Webber Academy Case appeared first on Slaw.


Missing Discussions at Center of Union COVID Dispute

Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.

The Supreme Court of British Columbia rendered a decision (2024 BCSC 55 (CanLII)) on judicial review which looked at the employer’s choice to implement a COVID-19 vaccination policy, and whether, under the Labour Relations Code, it was obligated to enter into discussions with the union first. The case provides employers with insight into the difficulty of overturning a tribunal’s decision.

Background

The workplace was a provincially run rapid transit company. The Court considered a union’s petition for judicial review of a decision by the British Columbia Labour . . . [more]

The post Missing Discussions at Center of Union COVID Dispute appeared first on Slaw.


Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams

For those of us raised in Canada and who studied law here, it can be easy to forget that the way we practise law is verya| Canadian.

While weare all aware that there are substantive differences between Canadian law and the law of other jurisdictions, itas much easier to forget that the practice of law varies just as much from nation to nation. Thereas more than one way to do almost anything, and the Canadian legal system is founded on a very specific set of choices, norms, and traditions.

Upon arriving in Canada from her native Australia, and despite her . . . [more]

The post Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams appeared first on Slaw.


R. v. Bykovets: SCC Recognized Privacy Rights for IP Addresses

In R. v. Spencer[1] the Supreme Court of Canada held that a reasonable expectation of privacy attaches to subscriber information a the name, address, and contact information a associated with an individual Internet Protocol (IP) address. In R. v. Bykovets[2], the majority found that reasonable expectation of privacy extends to the numbers which make up an Internet protocol address even though those numbers might be changed at random by an Internet service provider.

The Facts

The Calgary City Police were investigating fraud in online liquor sales and came across a payment processor who processed the suspect transactions. . . . [more]

The post R. v. Bykovets: SCC Recognized Privacy Rights for IP Addresses appeared first on Slaw.


Sharenthood: Turning Childhood Into Lucrative Content

In the 1920s, Jackie Coogan became one of Hollywoodas first child stars after playing the titular role of aThe Kida alongside Charlie Chaplin. Having starred in several box office successes, Cooganas childhood career had earned him an estimated $4 million (roughly $62 million today). When Coogan tried to access his earnings in his 20as, however, he discovered that his mother had spent nearly his entire fortune. In response to public outcry, California passed the Coogan Act, which aimed to safeguard a portion of child actorsa earnings until they reached adulthood and to protect them from abuse and exploitation. The Coogan . . . [more]

The post Sharenthood: Turning Childhood Into Lucrative Content appeared first on Slaw.


Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec.

PANAL (DROIT) : Dans le cadre de l’affaire du meurtre de Guylaine Potvin, le tribunal dA(c)clare recevable le tA(c)moignage d’une biologiste judiciaire A titre de tA(c)moin expert concernant l’utilisation du nouvel outil d’enquAate dA(c)signA(c) comme le A<> et ses rA(c)sultats.

IntitulA(c) :A R. c. Grenon, 2024 QCCS 551
Juridiction . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.


Blaming Victim of Sexual Harassment Not a Good Defence

Written by Christina Catenacci, BA, LLB, LLM, PhD, Content Editor, First Reference Inc.

In January 2024, a British Columbia labour arbitrator had no hesitation concluding that an employee, who was the grievor accusing a female colleague of sexual harassment in this case, was actually the one who was sexually harassing the female colleague. Simply put, the arbitrator found that the grievor’s evidence was not credible, the female colleague’s account was credible and consistent with the evidence, and the female colleague did not do what the employee accused her of. As a result, the labour arbitrator agreed with the employer that . . . [more]

The post Blaming Victim of Sexual Harassment Not a Good Defence appeared first on Slaw.


Democratizing Justice, Whose Problem Is It?

Democratization means making something, usually a public good, accessible to everyone. The democratization of technology related to the internet or the democratization of health care are examples. As digital technologies become more widely adopted in areas touching peoplesa daily lives such as making appointments, applications for employment, being informed about changes in conditions of services or bargains available in the marketplace the reasons for making enabling technologies accessible to everyone become increasingly obvious. In a nation with a long-standing system of publicly funded health care the reasons are obvious although the realization seems to be falling short. In justice democratization . . . [more]

The post Democratizing Justice, Whose Problem Is It? appeared first on Slaw.


What if Access to Justice Was Never Going to Lead to Poverty Alleviation?

I recently read that when legal aid was first developed in the United States in the 1960s, its primary goal was alleviation of poverty rather than access to counsel. However, over time, some stakeholders, mostly on the conservative side of the political spectrum, expressed concern that this was an inappropriate goal for public policy. This led people working in the legal aid sector to rebrand their initiatives as access to justice.[1] The primary difference between framing initiatives as “access to justice” as opposed to “alleviation of poverty” being that access to justice has a goal of improving the legal system . . . [more]

The post What if Access to Justice Was Never Going to Lead to Poverty Alleviation? appeared first on Slaw.


The Court of Owlsa| and Other Things That Mean Different Things to Different People

Note: In this article, the term aculturea is used broadly and is intended to mean anything and everything related to oneas customs, beliefs, behaviours and habits attributable to the make-up of who they are. It embraces the concept introduced to the writer by legendary professor Michelle LeBaron which appreciates that each individual person subscribes to several different cultures. Any one person may have a cultural component of themselves attributable to their age, surroundings, work, etc.

Afsana Gibson-Chowdhury is the founder of Gibson Chowdhury, Clear Collaborative Mediation and a renowned advocate for equity, diversity and inclusion among legal, dispute resolution and . . . [more]

The post The Court of Owlsa| and Other Things That Mean Different Things to Different People appeared first on Slaw.


Anticipating AI-Generated Law Journal Submissions

Last week, I was asked to provide a peer-review of an article submission to a law journal.

After reviewing it thoroughly, I began to suspect that at least some of the content may have been AI-generated.

What Gives?

First off, there were at least two citations that led to dead ends. By now we all know this is a dead give away.

Second, there was little to no language linking paragraphs together. So there might have been two or three paragraphs written on a distinctive topic, but no language to alert the reader that a new topic was about to . . . [more]

The post Anticipating AI-Generated Law Journal Submissions appeared first on Slaw.


Mondayas Mix

Each Monday we present brief excerpts of recent posts from five of Canadaas awardA-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.A PierreRoy & AssociA(c)s 2. IFLS at Osgoode 3. Employment & Human Rights Law in Canada 4. Barry Sookmant 5. Meurrens on Immigration

PierreRoy & AssociA(c)s
ResponsabilitA(c)s daadministrateurs daentreprise : ce que vous devez savoir

Si vous Aates laadministrateur daune entreprise aux prises avec des difficultA(c)s financiA"res, vous . . . [more]

The post Mondayas Mix appeared first on Slaw.


Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec.

PANAL (DROIT) : Dans une affaire de violence conjugale et postconjugale, la juge de premiA"re instance a commis 2A erreurs de principe en omettant d’A(c)valuer correctement le risque que l’imposition d’une peine avec sursis A l’accusA(c) poserait pour la collectivitA(c); une peine d’emprisonnement de 6A mois est substituA(c)e aux 10A . . . [more]

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Keyword Selected: United

What Would Joe Stiglitz Do about WTO Subsidies Rules?

In a recent Foreign Policy piece, economist Joe Stiglitz makes several references to WTO rules "forbidding" industrial subsidies: The current moment is a good illustration. It is the product of longstanding beliefs and power relations. Under this system, industrial subsidies...

Katherine Tai on Negotiating at the WTO

Here's an exchange between Rep. Don Beyer (D-VA) and U.S. Trade Rep. Katherine Tai at a House Ways and Means Committee hearing in mid-April: Beyer: I, with a number of my colleagues here, visited the WTO a couple of years...

Is AD/CVD the Answer to Chinese Non-Market Policies and Practices?

In a recent Washington Post op-ed, Brian Deese, the former director of the National Economic Council in the Biden administration, calls for a coordinated use of AD/CVDs as a way to "discourage" China's "anti-market behavior": Responding to Chinaas anti-market behavior...

Overcapacity and future discussions in the SCM Committee.

Finbarr Bermingham reported on Wednesday, April 23, 2024, that in the recent SCM Committee meeting, there were asharpa exchanges between the US and China related to Chinese aovercapacitya in key sectors owing to subsidies. China objects to the term aovercapacity,a...

Developing country status in the WTO

Buried deep in the EU - Palm Oil report (paras. 7.911-7.915, on page 250!) is a nugget on developing country status in the WTO. Malaysia asserts, in the TBT context, that it is a developing Member. It cites as support...

Katherine Tai on WTO Complaints against China

U.S. Trade Rep. Katherine Tai had a couple exchanges at last week's Senate Finance Committee hearing in which she suggested that WTO complaints against China had not been effective, and for that reason the Biden administration had moved away from...

Katherine Tai on Trade Policy Pitting Americans against Americans

At a House Ways and Means Committee hearing last week, U.S. Trade Representative Katherine Tai said a couple times that she wanted "to stop pitting Americans against Americans" in U.S. trade policy: "Trade should work for all Americans. Our goal...

Senator Whitehouse and Ambassador Tai Talk About Getting Rid of ISDS

Here's an exchange between Senator Sheldon Whitehouse (D-RI) and U.S. Trade Rep. Katherine Tai at a Senate Finance Committee hearing today (2:32:00): Whitehouse: The other thing I wanted to talk with you about is the loathsome ISDS process. We are...

Subsidies, Overcapacity, and Domestic Demand/Savings

There has been a lot of discussion recently about how Chinese subsidies and other government support has led to industrial overcapacity, which can have a negative impact on the manufacturing sector of other economies. If domestic supply exceeds domestic demand,...

Free Trade and Peace Sells ... but Who's Buying?

I remain puzzled by some recent statements questioning whether free trade promotes peace. When I read another one in the Boston Review, I thought I was going to have to go through all my old rebuttals again. The article starts...

The Role of the WTO in Planetary Sustainability

The Role of the WTO in Planetary Sustainability Steve Charnovitz 6 April 2024 Promoting planetary sustainability is within the legal competence of all multilateral organizations. As a result, no international organization is likely to have an exclusive competence to effectuate...

USTR's New Vision for Foreign Trade Barriers

Last week, in the press release for its 2024 National Trade Estimate Report on Foreign Trade Barriers, USTR said that over the years, the identification of trade barriers in this annual report has strayed from the original purpose of the...

Digital Trade Fights: The Case of Korea

In recent years, the U.S. has expressed concerns about digital trade regulation in a number of other countries, with the focus tending to be on the the EU due to its large market and active regulatory efforts (although it sounds...

Data Flows Obligations and Exceptions in the EU - New Zealand FTA

There's a new FTA digital chapter to analyze, with the EU-New Zealand FTA coming into force soon. Let's take a look at the data flows provisions, with the EU-Japan text in the back of our minds as a comparison. The...

New U.S. AD/CVD Regulations Will Take Into Account Weak Property, IP, Human Rights, Labor, Environmental Protections

In a Proposed Rule issued last year, the U.S. Commerce Department said it would take into account "nonexistent, weak, or ineffective property (including intellectual property), human rights, labor, and environmental protections" in various ways as part of its anti-dumping/countervailing duty...

Guest Post: EFTA-India TEPA: Breaking New Ground

This is a guest post by Rohan, a PhD student at the Graduate Institute India and the EFTA countries (Iceland, Liechtenstein, Norway, and Switzerland) signed a comprehensive Trade and Economic Partnership Agreement (TEPA) on 10th March, 2024 after a long...

Is Section 301 the Right Remedy for Chinese Shipbuilding Subsidies?

In the Section 301 petition recently filed by a group of unions, the petitioners argued that "Section 301 provides an appropriate mechanism for addressing Chinaas policies in the maritime, logistics, and shipbuilding sector." They offer three reasons for this: First,...

Katherine Tai on Online Business Models and Digital Regulation

U.S. Trade Rep. Katherine Tai spoke recently at a SeedAI event and had some interesting things to say about both online business models and digital trade regulation. I'll start with a quote that reflects what she has said many times...

Did NAFTA Push White Male Social Conservatives to the Republican Party?

This is the abstract of a new paper titled "Local Economic and Political Effects of Trade Deals: Evidence from NAFTA", which argues that many "white, less educated voters left the Democratic Party" due to NAFTA: Why have white, less-educated voters...

Guest Post: Back from the WTO MC13 a A brief report and some remarks from four scholars who were in Abu Dhabi

This is a guest post by several people from the Research Chair on New Challenges of Economic Globalization, Laval University, Quebec City, Canada: Carla Gomez, Ph.D. Researcher; Antoine Comont, Ph.D. Researcher; Van Anh Ly, Ph.D., Deputy Director of the Research...

Let Them Eat Cake? Reflections on the Labor Provisions in the New India-EFTA Agreement

Iave never understood the expression: they want to have their cake and eat it too. Who on this planet wants to hold onto a piece of cake and not eat it?!? I was at a birthday party this weekend, and...

Mexico Invokes Public Morals, Exhaustible Natural Resources, Indigenous Peoples Exceptions in GE Corn USMCA Dispute

Mexico's initial written submission in the GE Corn USMCA dispute was recently posted. The English public version is here. There's a lot in there and I'm not going to go through it all in this post. I just thought it...

Resolving the Biden Administration's Internal Debate on International Digital Rules, and Reengaging in Negotiations

I've already made these points for the trade policy crowd, but I have now tried to make my pitch on a way forward for the Biden administration on international digital trade rules slightly more accessible (i.e., without so many blockquotes...

Katherine Tai on USMCA Dispute Settlement and the USMCA Six Year Review

At a Brookings event yesterday, Josh Meltzer of Brookings had some interesting exchanges with U.S. Trade Rep. Katherine Tai on USMCA dispute settlement and the USMCA six year review. Here's the one on dispute settlement: Meltzer: What I'd like to...

Conversations at WTO Ministerial Side Events: Subsidy Races and Trade Remedies

As part of the WTO Ministerial Conference last week, there were some side events going on. I was watching one called "Business Forum at MC13" and came across some interesting discussion of subsidy races and trade remedies. The question that...

The Role of WTO Case Law in a USMCA RRLM Proceeding

Here is an interesting exchange from last week's hearing in the USMCA San MartAn mine labor dispute about the role of WTO case law in interpreting the USMCA provisions at issue: Panelist: Mexico raised the question that the United States...

Keyword Selected: States

What Would Joe Stiglitz Do about WTO Subsidies Rules?

In a recent Foreign Policy piece, economist Joe Stiglitz makes several references to WTO rules "forbidding" industrial subsidies: The current moment is a good illustration. It is the product of longstanding beliefs and power relations. Under this system, industrial subsidies...

Katherine Tai on Negotiating at the WTO

Here's an exchange between Rep. Don Beyer (D-VA) and U.S. Trade Rep. Katherine Tai at a House Ways and Means Committee hearing in mid-April: Beyer: I, with a number of my colleagues here, visited the WTO a couple of years...

Is AD/CVD the Answer to Chinese Non-Market Policies and Practices?

In a recent Washington Post op-ed, Brian Deese, the former director of the National Economic Council in the Biden administration, calls for a coordinated use of AD/CVDs as a way to "discourage" China's "anti-market behavior": Responding to Chinaas anti-market behavior...

Overcapacity and future discussions in the SCM Committee.

Finbarr Bermingham reported on Wednesday, April 23, 2024, that in the recent SCM Committee meeting, there were asharpa exchanges between the US and China related to Chinese aovercapacitya in key sectors owing to subsidies. China objects to the term aovercapacity,a...

Developing country status in the WTO

Buried deep in the EU - Palm Oil report (paras. 7.911-7.915, on page 250!) is a nugget on developing country status in the WTO. Malaysia asserts, in the TBT context, that it is a developing Member. It cites as support...

Katherine Tai on WTO Complaints against China

U.S. Trade Rep. Katherine Tai had a couple exchanges at last week's Senate Finance Committee hearing in which she suggested that WTO complaints against China had not been effective, and for that reason the Biden administration had moved away from...

Katherine Tai on Trade Policy Pitting Americans against Americans

At a House Ways and Means Committee hearing last week, U.S. Trade Representative Katherine Tai said a couple times that she wanted "to stop pitting Americans against Americans" in U.S. trade policy: "Trade should work for all Americans. Our goal...

Senator Whitehouse and Ambassador Tai Talk About Getting Rid of ISDS

Here's an exchange between Senator Sheldon Whitehouse (D-RI) and U.S. Trade Rep. Katherine Tai at a Senate Finance Committee hearing today (2:32:00): Whitehouse: The other thing I wanted to talk with you about is the loathsome ISDS process. We are...

Subsidies, Overcapacity, and Domestic Demand/Savings

There has been a lot of discussion recently about how Chinese subsidies and other government support has led to industrial overcapacity, which can have a negative impact on the manufacturing sector of other economies. If domestic supply exceeds domestic demand,...

Free Trade and Peace Sells ... but Who's Buying?

I remain puzzled by some recent statements questioning whether free trade promotes peace. When I read another one in the Boston Review, I thought I was going to have to go through all my old rebuttals again. The article starts...

The Role of the WTO in Planetary Sustainability

The Role of the WTO in Planetary Sustainability Steve Charnovitz 6 April 2024 Promoting planetary sustainability is within the legal competence of all multilateral organizations. As a result, no international organization is likely to have an exclusive competence to effectuate...

USTR's New Vision for Foreign Trade Barriers

Last week, in the press release for its 2024 National Trade Estimate Report on Foreign Trade Barriers, USTR said that over the years, the identification of trade barriers in this annual report has strayed from the original purpose of the...

Digital Trade Fights: The Case of Korea

In recent years, the U.S. has expressed concerns about digital trade regulation in a number of other countries, with the focus tending to be on the the EU due to its large market and active regulatory efforts (although it sounds...

Data Flows Obligations and Exceptions in the EU - New Zealand FTA

There's a new FTA digital chapter to analyze, with the EU-New Zealand FTA coming into force soon. Let's take a look at the data flows provisions, with the EU-Japan text in the back of our minds as a comparison. The...

New U.S. AD/CVD Regulations Will Take Into Account Weak Property, IP, Human Rights, Labor, Environmental Protections

In a Proposed Rule issued last year, the U.S. Commerce Department said it would take into account "nonexistent, weak, or ineffective property (including intellectual property), human rights, labor, and environmental protections" in various ways as part of its anti-dumping/countervailing duty...

Guest Post: EFTA-India TEPA: Breaking New Ground

This is a guest post by Rohan, a PhD student at the Graduate Institute India and the EFTA countries (Iceland, Liechtenstein, Norway, and Switzerland) signed a comprehensive Trade and Economic Partnership Agreement (TEPA) on 10th March, 2024 after a long...

Is Section 301 the Right Remedy for Chinese Shipbuilding Subsidies?

In the Section 301 petition recently filed by a group of unions, the petitioners argued that "Section 301 provides an appropriate mechanism for addressing Chinaas policies in the maritime, logistics, and shipbuilding sector." They offer three reasons for this: First,...

Katherine Tai on Online Business Models and Digital Regulation

U.S. Trade Rep. Katherine Tai spoke recently at a SeedAI event and had some interesting things to say about both online business models and digital trade regulation. I'll start with a quote that reflects what she has said many times...

Did NAFTA Push White Male Social Conservatives to the Republican Party?

This is the abstract of a new paper titled "Local Economic and Political Effects of Trade Deals: Evidence from NAFTA", which argues that many "white, less educated voters left the Democratic Party" due to NAFTA: Why have white, less-educated voters...

Guest Post: Back from the WTO MC13 a A brief report and some remarks from four scholars who were in Abu Dhabi

This is a guest post by several people from the Research Chair on New Challenges of Economic Globalization, Laval University, Quebec City, Canada: Carla Gomez, Ph.D. Researcher; Antoine Comont, Ph.D. Researcher; Van Anh Ly, Ph.D., Deputy Director of the Research...

Let Them Eat Cake? Reflections on the Labor Provisions in the New India-EFTA Agreement

Iave never understood the expression: they want to have their cake and eat it too. Who on this planet wants to hold onto a piece of cake and not eat it?!? I was at a birthday party this weekend, and...

Mexico Invokes Public Morals, Exhaustible Natural Resources, Indigenous Peoples Exceptions in GE Corn USMCA Dispute

Mexico's initial written submission in the GE Corn USMCA dispute was recently posted. The English public version is here. There's a lot in there and I'm not going to go through it all in this post. I just thought it...

Resolving the Biden Administration's Internal Debate on International Digital Rules, and Reengaging in Negotiations

I've already made these points for the trade policy crowd, but I have now tried to make my pitch on a way forward for the Biden administration on international digital trade rules slightly more accessible (i.e., without so many blockquotes...

Katherine Tai on USMCA Dispute Settlement and the USMCA Six Year Review

At a Brookings event yesterday, Josh Meltzer of Brookings had some interesting exchanges with U.S. Trade Rep. Katherine Tai on USMCA dispute settlement and the USMCA six year review. Here's the one on dispute settlement: Meltzer: What I'd like to...

Conversations at WTO Ministerial Side Events: Subsidy Races and Trade Remedies

As part of the WTO Ministerial Conference last week, there were some side events going on. I was watching one called "Business Forum at MC13" and came across some interesting discussion of subsidy races and trade remedies. The question that...

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