August 1: A Day Of Remembrance
This is part of the Middle Passage Law Series and is cross posted on Commercial Law International. Why am I wearing all black today? Am I in mourning? No, not exactly. Then why? Well it…
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How to be a Good Lawyer
Professor Morton is a prof of mine, a down-to-earth, approachable professor and I think it’s impossible not to agree with his article: “The duty to represent even the unpleasant client†I’d just like to add…
What’s in a Name?
Middle Passage Law Series “What’s in a name?†Answer: something, nothing or perhaps everything. The Middle Passage name was carefully chosen and is the everything of the series. A little confused, let me explain. YES,…
Britney Lacks Necessary Mental Element
A reporter recently pressed charges against Britney Spears for running over his foot with her car. But on Friday, Deputy District Attorney Joseph D. Shidler said, [the] only way the victim’s foot could have been…
Unconscionable Organ Donations
“Dr. Horror” Captured An internationally wanted physician from Brampton, Ontario, was caught in Nepal last week. Dr. Amit Kumar was wanted for harvesting organs from poor Indians, usually sold to more affluent people, including international…
How to Case a Brief (non-traditionally)
The Non Traditional Law Student blog, from the Thomas M. Cooley law school in Michigan, has a series on how to case a brief, an essential skill for any new law student. Here are the…
A Graphic Depiction of Law and Justice
Circle = Justice; law be understood and exercised under its order Square = Law, limited by the circle Triangle = How law is implemented to exercise Justice The author explains, The figures are placed in…
LOTR and Legal History
Gwen Seabourne of the University of Bristol School of Law has an interesting article on legal history as it is used in the Lord of the Rings at Common Lawyer. The Oath Binding oaths are…
Limiting Absolute Liability
Common Law Presumptions Due to the challenges inherent to absolute liability offences, the Supreme Court provided that regulatory offences would be presumed as strict liability. In R v. Sault Ste. Marie, the city was charged…
R.I.P., Chief Justice Lamer
One of the longest serving and most influential judges in Canadian history passed away recently. Chief Justice Antonio Lamer died at the age of 74. He was most noted for his ruling over the Quebec…
ON Landowers May Have to do Hard Labour
Background Owners of land in the UK once belonging to a church in Medieval times, known as rectorial land, considered lay rectors. As such, they are liable for the upkeep of the chancel, an area…
Arguing in the Alternative
Arguing in the alternative is a technique often used in criminal law to pre-emptively address the concerns of the opposing counsel by stating their presumed rationale and demonstrating its flaws. Arguing in the alternative can…