RSS FeedLaw is Cool – Podcast #13
In this episode, Omar Ha-Redeye interviewed Caitlin Rose, a summering student with Fasken Martineau. A recent graduate of the McGill Faculty of Law, Caitlin was a co-founding Executive Editor of the McGill Journal of Law and Health (formerly the McGill Health Law Publication).
Following that interview, I discussed climate change policies in the context of the upcoming federal election campaign with Miranda Hussey and Jim Johnston. Miranda is a blogger from A View From The Left and the President of the Oak Ridges-Markham Young Liberals. Jim is the candidate of record for the Green Party of Canada in Lambton-Kent-Middlesex.
This podcast is cross-posted at devinjohnston.ca.
Interview with Caitlin Rose
Caitlin began by introducing herself. Caitlin studied law at McGill and worked for one summer in-house with Pfizer during her time there. Subsequently she joined Fasken Martineau as a summer student where she spent one month on secondment at Cirque du Soleil.
Omar asked Caitlin about the McGill Journal of Law and Health. The journal’s name was recently changed from the McGill Health Law Publication to reflect that it is an academic peer-reviewed journal. Caitlin was involved in founding the journal through her involvement in the McGill Health Law Club. She served as an Executive Editor of the journal in its first year of existence. Caitlin commented that the Dean and Faculty at McGill were supportive in helping to get the journal off the ground.
Caitlin also noted that the journal was intended from the beginning to be multi-disciplinary and bilingual. She discussed the broad range of contributors to the first issue including a Law Professor, an MPP, and members of the Office of the Privacy Commissioner, as well as an afterword from the Honourable Mr. Justice Jean-Louis Baudouin.
Omar and Caitlin discussed some of the challenges associated with publishing a peer-reviewed journal, including the struggle to publish the journal on a regular schedule.
Finally, Caitlin commented on her experience interviewing for summering positions. She commented that it is important to have a diverse background that is not merely academic in nature. She found that her experience with the journal was an asset when looking for a job, but also warned that some interviewers may be concerned about whether the candidate wants to practice or pursue an academic career.
Climate Change and the Federal Election
The discussion began with some analysis of the news that Blair Wilson has joined the Green Party, becoming the Greens’ first ever MP. Jim noted that this news adds legitimacy to the Green Party. Miranda argued that Green Party leader Elizabeth May should be included in the leaders’ debate, adding that having a Green MP in Parliament may help the Liberals in the election because of increased attention on the climate change issue.
The panelists discussed the Liberal Party’s Green Shift proposal and similar policies advocated by the Greens. Jim noted that the object of tax shift policies is to reduce taxes on things the goverment wants to encourage and increase the cost of things the government wants to discourage.
The panel also discussed how social media will play a role in the campaign. Jim noted that he learned of his daughter’s engagement via Facebook to demonstrate the changing nature of communications technology. Miranda argued that effective use of technology is essential for political parties in order to engage youth in politics. In light of the prominence of the climate change issue, Jim stated that he believes Elizabeth May stands a good chance being elected in Peter MacKay’s riding of Central Nova.
Miranda and Jim concluded by agreeing that the upcoming election is difficult to predict at this point and much will depend on the weeks to come.
Law is Cool – Podcast #12
In my first podcast for Law is Cool, I had a conference call with Dr. Sam Trosow and a group of political bloggers about copyright and Bill C-61. They are concerned about the impact of the proposed legislation on creators and consumers of digital media. Special thanks to Omar Ha-Redeye and Scott Tribe for making this show possible.
The Panelists
- Dr. Sam Trosow is an Associate Professor at the University of Western Ontario, jointly appointed to the Faculty of Law and the Faculty of Information and Media Studies. He is also a co-author of Canadian Copyright: A Citizen’s Guide.
- Scott Tribe is the author of the blog Scott’s DiaTribes and an Administrator of the Progressive Bloggers community. Progressive Bloggers has come out against Bill C-61 and promoted the Fair Copyright for Canada Facebook group.
- John Klein is the Saskatchewan-based blogger behind Abandoned Stuff by Saskboy. An expert on tin foil hats, he was recently a member of the Bloggers team on CBC’s “Test the Nation”.
- Mike Park is a left libertarian blogger from Ottawa. His blog is called Rational Reasons.
Law is Cool – Podcast #10
Show Notes
25:29 Total Running Time
0:16 Thomas Wisdom and Omar Ha-Redeye introduce themselves, with interviews from David Aylward and Hon. Chris Bentley.
1:14 Omar discusses the 7 Year Law Degree from Jordan Furlong, while Thomas mentions the importance of learning on the job.
2:25 Thomas shares his new smoking habit that he picked up during law school.
4:50 Omar introduces David Aylward, founder and director of COMCARE Emergency Response Alliance, on how to transition out of a typical legal career into other sectors.
5:22 David Aylward describes his educational, legal and political career in Congress and the U.S. House of Representatives.
6:37 David Aylward relates how the discipline of the legal education and the focus on the meaning of words helped him outside the law and creating a non-profit promoting agency interoperability.
7:52 David Aylward explains how in responding to any emergency there is a need for information exchange and a system that allows voice, data and video sharing.
9:31 Public agencies don’t look at the private or commercial sector enough for communications capability and have a higher degree of cultural resistance to sharing, but technically still have similar challenges.
12:02 David Aylward provides career advise on how to psychologically prepare on transitioning into non-traditional legal careers where the essence of the work isn’t the law.
14:42 There are lots of opportunities in North America, and anyone who has a law degree has lots of choices.
15:56 Thomas describes his trip to Florence, Italy and the 10 year delays in the tort system there.
16:28 Omar introduces Min. Chis Bentley, the Attorney-General of Ontario.
17:25 The Attorney-General of Ontario relates his experience teaching at the University of Western Ontario faculty of law.
18:02 Min. Bentley explains the access to justice issue, and changes his office have made to the criminal justice system such as the Justice on Target program.
21:02 Min. Bentley says we have a good human rights system and shares groundbreaking initiatives they have undertaken starting June 30, 2008 which will strengthen human rights in Ontario.
22:22 Min. Bentley explains why human rights are so important to our society, which values optimism and opportunity without barriers and discrimination.
24:52 Omar signs off.
Law is Cool – Podcast #9
Show Notes
Total running time 21:15
0:16 Jacob Kaufman and Omar Ha-Redeye introduce themselves.
0:44 Jacob and Omar discuss final exams.
2:10 Omar introduces Lisa Feinberg of UofO Law and the Canadian Interest and Public Policy Clinic (CIPPC), who is one of the law students that filed a complaint with the Privacy Commissioner over Facebook.
3:19 Lisa describes the 22 violations of PIPEDA that the students identified.
4:12 Lisa explains the effort that went into developing the project
5:01 Lisa tells us how the Privacy Commissioner creates and issues recommendations
5:50 Lisa relates the implications for Facebook users, even outside of Canada
7:39 Even though Lisa uses Facebook, she tells us how much more she learned about the site through the project.
9:11 Lisa expresses her interests in social networking, and how she got involved in the project.
11:23 Jacob shares some Facebook policies that demonstrate their attitude to privacy.
11:45 Jacob quotes James Grimmelman, who likens Facebook to a virus. Omar says it sounds like something out of The Matrix.
12:24 Omar introduces an interview with Khurrum Awan, complainant in a case against Maclean’s.
13:30 Khurrum describes the turnout at the Tribunal by members of the media, and the importance of independent coverage.
15:10 Khurrum explains the procedural elements of the Tribunal, when we can expect a decision, and where the case can potentially go from here.
16:32 Jacob talks about the different ways that law students apply their legal education towards advocacy work in real life.
17:08 Jacob shares some of the things he learned from the Facebook complaint, such as how applications can obtain your information without your explicit consent.
17:45 Jacob mentions Robert J. Sawyer’s theory in Maclean’s that notions of privacy are themselves outdated, and that we should have chips implanted in us at all times to track our movements.
18:40 Jacob mentions David Lat, a former American prosecutor who left the law to blog on Above the Law, and how he documented his weight-loss program online. Omar relates how this could be used in the potential trend of obesity lawsuits we could see in the future.
19:54 Jacob describes a New Brunswick case on the disclosure of Facebook materials, Knight v. Barrett, [2008] N.B.J. No. 102.
20:34 Omar and Jacob sign off.
(Look for an upcoming post on a recent Ontario decision regarding Facebook)
Law is Cool – Podcast #8
Show Notes
(Total running time 24:19)
0:14 Jacob Kaufman and Omar Ha-Redeye introduce themselves
0:25 Jacob mentions Canadian Lawyer’s listing of Law is Cool as the Top Ten of the Canadian Blawgosphere
0:52 Omar congratulates all the winners, as well as some honourable mentions on the site
0:58 Jacob comments on the word “Blawgosphere,” and says it sounds like something out of Dr. Seuss
1:12 Omar introduces Mark Popiel, senior counsel at Bond, Schoeneck & King, PLCC, stationed in Buffalo, N.Y., who specializes in U.S. corporate immigration
2:41 Mark explains how the Internet gives him greater exposure to clients worldwide, and enhances communication and legal services across timezones
4:26 Mark projects some developments in immigration law, that expect increase trade across borders despite recent travel restrictions
5:34 The Internet allows movement of documents at a much more rapid rate, and the emergence of Canadian company Research in Motion’s Blackberry promotes greater accessibility
6:07 Mark explains some of the opportunities for Canadian lawyers, including NAFTA work permits that are quick and inexpensive
7:17 Mark shares how he made the transition to working in the U.S. as a Canadian who decided to study law in the U.S.
8:35 Jacob introduces Ian Hull of Hull & Hull, an estates lawyer with a firm that is a leader in technology initiatives
9:17 Ian describes their daily blogs and two weekly podcasts, which focus on potential clients as well as lawyers in the field, who are their referral sources
10:58 Mark shares how he got involved in blogging and podcasting through Terry Fallis of Inside PR in March 2007
11:38 Mark explains how blogging and podcasts have changed his practice, its usefulness in communicating internally on important issues, and how their audience has grown over time
13:56 Mark explains the learning curve for blogging and podcast, and how their show improved over time
15:16 Mark addresses fears and apprehensions that large law firms have over blogging, likens it to a daily newsletter
16:53 Mark describes how their firm ensures editorial oversight by having a partner review content produced by associates
17:37 Mark mentions Podcasters Across Borders, how their podcast has grown, the perceptions of their firm in the legal community, and an umbrella of benefits that are often not anticipated
19:01 Mark says that lawyers are often technology dinosaurs, and often miss on innovative developments in the field
19:46 Mark provides some feedback about LawIsCool
20:23 Jacob raises some issues with the problems on some social media sites such as Facebook, including a recent case R. v. Sather of potential threats on his status updates, where technology expert Jesse Hirsch testified
21:32 Jacob claims that there have been very few cases mentioning Facebook to date, most not fully understanding it, and how photos of people’s personal activity can affect personal injury cases
22:23 Jacob mentions an upcoming event hosted by Jesse Hirsch where Omar is speaking on a panel on March 18, 2008
22:53 Omar states that Law Is Cool will be slowing down for exams, and indicates that the site will be announcing a recognition of one of the team members who has provided a unique contribution over the past year
23:18 Jacob states that incoming law students for the 2008-2009 interested in joining the site should contact us at: admin[at]lawiscool[dot]com
23:40 Omar signs off
Law is Cool – Podcast #7
Show Notes
0:26 Thomas and Omar catch up on the first semester of law, and the absolutely true horror stories of law school
3:10 Thomas and Omar discuss essay option classes
3:50 Thomas and Omar talk about motivation, actually doing assigned work, and study techniques
4:37 Omar talks about the CLawBie Award, and Marie Winfield’s focus on Global Conference on the Prevention of Genocide in Montreal
5:10 Stanley Khaing of UWO interned with Bridges Across Borders in Cambodia working on reconciliation with the Khmer Rouge
6:28 Lindsey Aufricht, President of International Law Association at Western, shares her experiences at the Global Conference on the Prevention of Genocide
7:29 Lindsey describes her work in chambers for the International Criminal Tribunal for the former Yugoslavia (ICTY)
9:45 Ralph Nader describes law as the catalytic profession, because they are not as easily intimidated and they can bring evidence from other fields to advance justice in society
10:32 Ralph Nader speaks on a public philosophy of life and creating a higher estimation of your significance
11:15 Ralph Nader speaks on Canada’s modest self-perception, and his book Canada Firsts, how Canada ranks highest in the world on dozens of issues
12:41 Omar and Thomas introduce Melissa Kluger, whose site was the runner-up for our CLawBie award
13:35: Melissa tells us how the idea for Precedent magazine developed
14:21 Melissa speaks on the transition from blog to magazine, and how it was useful in building relationships with readers
15:14 Melissa shares some of the upcoming content in Precedent magazine, and examples of law and style coming together
16:21 Melissa explains how Precedent magazine can be useful to law students
17:00 Lawyers and students interested in the magazine are encouraged to read the material, and contact them with ideas if interested in getting involved Melissa [at] lawandstyle[dot]ca
17:36 Omar thanks everyone who has made LawIsCool possible: Gary Schlee at Centennial College, Donna Papacosta of Trafalgar Communications, and Terry Fallis and David Jones of Inside PR
18:14 Thomas signs off
Law is Cool – Podcast #6
Show Notes
(27:53 Total Running Time)
0:13 Jacob Kaufman and Omar Ha-Redeye introduce themselves
0:29 Omar raises the past CBA conference, and the issue of Omar Khadr
0:57 We hear from Muneer Ahmad, faculty at the American University Washington College of Law, and counsel for Omar Khadr
1:36 Muneer Ahmad discusses his Aug. 24, 2007 article in the Toronto Star about Omar Khadr
3:14 Muneer Ahmad discusses the new enemy combatant categorization that is being used to trump the rights and process for child soldiers
5:17 Response from the human rights community and legal academia, and the role of Canada discussed
7:48 The value of Canadian citizenship raised, with Khadr being the only NATO country not intervening on behalf of their citizens
8:24 Another Toronto Star article from Aug. 26, 2007 discussed on how foreign affairs Minister MacKay was briefed on how to avoid the Khadr issue
9:01 The importance of Omar Khadr’s case to Canadian law students raised
11:12 Muneer Ahmad directs listeners to more resources on the Amnesty International website, Cage Prisoners, and the blogosphere
12:58 Muneer Ahmad shares means and potential roles for advocacy on behalf of Omar Khadr
14:56 Bernard Amyot, President of the Canadian Bar Association, of Heinen Blaike in Montreal, graduate of McGill law
speaks on the CBA’s position on Omar Khadr
17:06 Amyot states,“The war on terrorism cannot be won by denying those suspected of terrorism the fundamental right to answer charges in a fair and open process”
17:25 Bernard Amyot speaks of Canadians’ role as champions of due process and the rule of law, how this should affect the Khadr case, and steps that have been taken that have interfered with due process and rule of law for Omar Khadr
18:45 Bernard Amyot reminds the Prime Minister that the 37,000 lawyers and law students represented by the CBA of his duty to this Canadian citizen, and encourages law students to put pressure on the Prime Minister in the same way
20:11 Omar mentions an article in the North Carolina Law Review by John Makdisi, former Dean and Professor of Law, Loyola University New Orleans School of Law, The Islamic Origins of the Common Law, 77 N.C.L. Rev. 1635
21:03 Jacob describes a June 7, 2007 article in the Economist that explains business opportunities in Islamic financing occurring in Dubai, U.A.E.
21:55 Walied Soliman of Ogilvy Renault Toronto shares a information on a presentation for the Ontario Bar Association on Islamic financing products
23:22 Walied Soliman describes the three classes of restrictions in Islamic financing
24:32 Walied Soliman explains some of the business opportunities in this sector, both locally and globally
26:03 Walied Soliman provides some examples of Islamic financing transactions his firm is engaging in
27:16 Omar signs off
Law is Cool – Podcast #5
Show Notes
(7:39 Total Running Time)
0:14 Jacob Kaufman and Omar Ha-Redeye introduce themselves
0:22 The Law is Cool Blue Jays giveaway is mentioned
0:48 Audio comments from the University of Western Ontario are introduced, featuring Dave McKenna, Chris Boyko, Dana Lord and Will Hooper
2:06 Jacob shares the historical common origin of tort and criminal law
2:45 Omar mentions the imbalance of powers between tort law and criminal law
3:51 Jacob shares his thoughts on Foundation for Children, Youth and the Law v. Canada, [2004] 1 S.C.R. 76, 2004 SCC 4
(n.b. the decision wasn not 6-1 it was 6-3, with 1 person dissenting in part)
4:22 Jacob cites the Criminal Code s. 43, the challanged law.
4:50 Jacob cites Foundation for Children, Youth and the Law v. Canada at para. 40 explaining the majority opinion’s new construction of s. 43.
5:13 Jacob cites Foundation for Children, Youth and the Law v. Canada at para. 190 quoting Justice Arbour’s list of the contortions the majority had to go through to reach that new construction.
6:01 Jacob cites R. v. Malmo-Levine; R. v. Caine at para. 133 to show why Parliament, not the court, would have been the better body to rewrite s. 43.
7:01 Omar signs off
Law is Cool – Podcast #4
Show Notes
(11:21 Total Running Time)
0:19 Omar Ha-Redeye introduces Jordan Furlong from the Canadian Bar Association
1:06 Jordan explains how the CBA helps students prepare for their future after graduation
1:54 Advocacy work undertaken by CBA explained, including access to justice (legal aid), lobbying and law reform, Supreme Court of Canada interventions on confidentiality and gay marriage, and the conflict of interest task force
6:24 Ways that students can get involved and professional development opportunities and information services discussed
9:10 CBA Practice Link and CBA Publications mentioned
Law is Cool – Podcast #3
Show Notes
(19:04 total running time)
0:38 Thomas Wisdom and Omar Ha-Redeye mention the special edition podcast with Michael Bryant, the Attorney-General of Ontario, and the new international law content
3:10 The roundtable discussion featuring Amy Chua’s work, and the concept of the Daoist prosecutor are discussed
4:22 Preparations for law school, and anticipation of the rigors ahead are raised, including Jay Feinman’s Law 101
7:01 The Fisher v. Lowe case, where the decision is delivered in poetry, is briefly covered
9:46 Omar introduces Donna Walrond, a recent graduate of Osgoode Law currently
articling in labour, who discussing getting involved in in clinic and mooting
10:34 Donna talks about the Mathews, Dinsdale and Clark Canadian Labour Law Moot
12:34 On campus interviews (OCIs) and the application process
14:36 Donna advises getting involved and talking to lots of people to get more information
15:51 Gender issues in law raised, and need for reform in international gender law
16:24 Article on centralized regulation of securities in Canada discussed
17:34 Blue Jays tickets giveaway for Sept. 16 explained
Intl Law & Political Settlements – Roundtable
Part of the International Conflicts series
Cross Purposes? International Law and Political Settlements – A Roundtable Discussion with All Speakers
A panel of all the previous speakers collectively discussed the challenges with amnesty for war criminals.
The problem with the so-called hacienda model, where war criminals go into exile, is that eventually everyone wants to come home.
We return to the big question of what is the objective of international law. Is it transitional, with the goal of becoming a Western model of democracy? Or is it reconciliation, using the values of the people involved, instead of imposing our own?
How do we deal with tyrants? Threatening them just makes them fight on harder. But creating a tradition of granting impunity can encourage massive crimes.
Should we be developing incentive structures? A dichotomy exists between an economic model and conventional wisdom.
Amy Chua’s book World on Fire was introduced, which states that democracy often creates mass violence through ethnicization of politics. Market dominant minorities become targets of group violence, such as the Tutsis in Rwanda.
Chua, a professor of law at Yale University, says,
In the numerous countries around the world that have pervasive poverty and a market-dominant minority, democracy and markets — at least in the form in which they are currently being promoted — can proceed only in deep tension with each other. In such conditions, the combined pursuit of free markets and democratization has repeatedly catalyzed ethnic conflict in highly predictable ways. This has been the sobering lesson of globalization in the last twenty years.
We also need to start evaluating the cost/benefit of dictators. Iraq now has sectarian violence that simply did not exist before the invasion.
In a joint article in the Washington Post with Jed Rubenfeld, also of Yale Law, Chua says,
Given the conditions that exist today in Iraq — conditions created by colonialism, autocracy and brutality, not to mention the historical schism between Shiite and Sunni Muslims — rushed national elections could very well produce renewed ethnic radicalism and violence …an anti-American government determined to oust U.S. firms from Iraq’s oil fields. Any of these results would create, at best, an awkward moment for the Bush administration. Combined, they could be catastrophic for American interests, for the Middle East and for Iraq.
Nor is universal jurisdiction quite as robust as we normally assume. There is the complexity of individual situations that should be considered, and state sovereignty cannot always be easily dismissed.
Legalistic thinking tends to propose universal solutions for all problems. There is a distinction between international law, and inter-national law. But are there some universals? Perhaps the freedom from great evil?
Some form of accountability is needed. The method most often used (or imposed) is a Western proceduralized legalism, operating under the assumptions of infallibility and that it is the best method available. There is a need for a more pluralized process instead.
The panel asked, “What are the links between group violence, democratization, role of international criminal law?”
They then concluded by saying that the law exists because states believe in what is in their best interests.
Law is Cool – Podcast #2
Note: We are receiving hundreds of visitors looking for information on Michael Bryant. Please see this post on the recent accident in Toronto.
Special edition: Interview with Attorney-General of Ontario, Michael Bryant
Show Notes
(5:03 total running time)
0:15 Omar Ha-Redeye introduces the special edition of the podcast interview with Ontario A.G., Michael Bryant
0:43 Michael Bryant talks about pacing yourself during your first year
1:26 Advice shared from law professor at Osgoode Hall, John McCamus, on exam writing
1:49 Bryant suggests taking courses you enjoy
2:42 Importance of the Law Commission of Ontario discussed
3:16 New legal profession of paralegals reviewed, and their impact on the field
4:33 Omar thanks Michael Bryant and concludes podcast
