Longreads For the Holidays

The holidays is a perfect time to indulge in a book or a longread. In Twitter nomenclature, a longread is an online article which will typically take longer than the usual five minutes or less one might spend reading a web page. There is a good reason searching the internet is called "surfing": one doesn't want to spend too much time on that big wave. It will either peter out and disappoint or it will come crashing down and inundate us.

In any event, the following is a list of 5 longreads I found:

1.Karyn McCluskey: the woman who took on Glasgow's gangs: This is an article of one person's fight to find peace in a turbulent City. Karyn McCluskey, a former nurse, forensic psychologist, and head of intelligence analysis for Glasgow, turned the City's gang mentality around by understanding how violence worked "like an infectious disease" and beget "recreational violence," which in turn created the City's gang mentality. Through the use of a Boston-based initiative called "focused deterrence strategy," the scheme couples zero tolerance with, what I can only describe as, an intense collective "scared straight" program. 

2. Sleep Disorders Common Among Cops: Study Fascinating longread of a study which indicates 40% of police officers in North America suffer from sleep disorders, which may impair their judgment and reaction time. The actual journal article from JAMA is for purchase only but the Abstract is here. There is also a companion author video here.

3. A Guide to the Occupy Wall Street API There is so much out there on the Occupy movement but this longread puts an apt API spin on it. 

4. Armenian Genocide Articles: I have connected some short read articles on the Armenian genocide issue, which has been re-ignited by the recent French Bill criminalizing denial of the World War I massacre. The incredible reach of this issue makes these connections even more fascinating but the real issue of the massacre is what makes world politics disturbing. Read the articles here, here, here, here, and finally for an article on how art connects to life: here.

5. Who Owns The Words? This is from 2010 but a very relevant longread, Texts Without Context. This is a book review of Reality Hunger, a "book" by David Sheilds. The book is a compilation of excerpts of other writer's works, which are at times manipulated or micro-managed to suit Sheilds's intent. Many of the quotes are taken out of context and as such, become, through a fresh reading of the words, imbued with a new meaning. In this way, Sheilds makes these words his own. Two connections come to mind for me: Stanley Fish's Is There A Text In This Class? and the use of music sampling and remixing in hip-hop and dubstep.

So kick back and relax this weekend with some #longreads or better yet, find some for yourself! As Sir Arthur Conan Doyle wrote as Sherlock Holmes: "What one man can invent, another can discover."

Connecting Hitchens, Havel, And Kim With Human Rights

This past week three extraordinary people died: Christopher Hitchens, Vaclav Havel, and Kim Jong-il. All three impacted the world and human rights, but in very different ways.

When any famous or, shall we also say, infamous people die, there are many news articles, opinion pieces, and blogs about them and their legacies. Some postings were laudatory, as in the case of Vaclav Havel, the enduring symbol of the Czech "Velvet Revolution" or what the Czechs' prefer, "the November events." Havel was an artist, a celebrated poet and playwright. But he was also a dissident who was deeply passionate about his homeland and the concept of democracy. After the Revolution, Havel was appointed President and returned Prague to its magnificence as the "Paris of the East." 

Other articles were castigating: the demise of Kim Jong-il revealed the pathos of a country caught in the iron grip of oppressive dictatorship. A country where "the opium of the people" was the leader himself: worshipped and idolized. To observe the grief of the country over Kim's demise is like watching a slow-moving train wreck as people, young and old, collapse on the streets. A crumpled and lifeless country, devastated by the loss of a caricature of a leader. Truly, the antithesis of Havel - an AntiHavel - not embracing a nation but preserving it under glass as an ornament of the past.

Still other passages were quirky and colourful like the man whom they purported to describe: Christopher Hitchens, himself a demi-God (he would have hated that!) to the witty and smart set. But he was a scrappy fighter for the underdog and a true critic, or shall I say cynic, of the world. He was an observer, who also participated, and that made him the ultimate man of the post-modern era. 

With all three men, we are faced to re-evaluate our own consciousness of being, our own concept of freedom, and our own mortality. Shall we think big and be like Havel: become a social activist and speak out for issues we hold dear? Or shall we look at the individual or micro-rights and change the world, one individual at a time. We definitely will not be Kim and rigidly adhere to a false construction of reality.

Whichever way we decide to "celebrate" these lives and their legacies, what is clear is this: they force us to make choices and to decide what we believe in and on which side we stand. But better yet, I say we think as Hitchens would have liked us to do and ask ourselves "is there really a side at all?"

Chalk one up for humanity in this week of reflection.

A Backgrounder On Reference Cases In Canadian Law

This morning the Supreme Court of Canada rejected the concept of a national securities regulator. They did this under the authority of s. 53 of the Supreme Court Act whereby the Federal government can directly refer to the SCC a question of law or facts concerning the constitutionality of proposed legislation. The Provinces too have similar provincial legislation permitting a Reference to their respective appellate courts. 

On a Reference, answers to the questions posed by the government are not legally binding but due to practice have become so. Typically, the government referring the matter heeds the Court's decisions and either re-draft the legislation to conform to the precepts set out by the Court or return to the negotiating table if it is a matter of social or political policy. Thus, matters referred are issues of public importance, which require the speedy process of a Reference to receive timely input on the viability of proposed legislation before it is enacted.

Such a procedure to determine the correctness of legislation is not a tool broadly used in common law countries. Both the United States and Australia have found such a pre-vetting tool unconstitutional. England has a modified version through the use of advisory opinions.

The International Court of Justice will hear issues on reference. However, this practice has been criticized by many international experts. The procedure been used to garner support for controversial political issues without full support of the international community including the countries directly involved. A list of such reference cases can be found here.

Canada, on the other hand, has successfully used the Reference process for controversial issues. In 1981, the SCC determined, on Reference from three Provinces, the format of the patriation of the Constitution from the UK. As a result, the Federal government could not amend the constitution without unanimity. The provinces and the Federal government returned to the negotiating table, resulting in major changes to the Charter, including the addition of the s.33 "notwithstanding clause." This modification gave the provinces the power to override the application of certain sections of the Charter, including the fundamental freedoms, if such sections conflicted with provincial legislation. This later permitted the PQ government in Quebec to re-enact all of their provincial legislation with the override protection.

The Federal government has also used the Reference mechanism politically when it referred the hypothetical issue of Quebec secession in 1998. The decision, which determined a province could not unilaterally secede, also suggested that if a province had a popular mandate to do so, the Federal government had an obligation to negotiate on the issue.

Thus, we return to today's Reference with perhaps a better understanding of the process and the import of the decision. The SCC has decided, through a division of powers analysis, that a national securities regulator is inconsistent with our Constitution Act. Not doubt, this decision will do as References have done in the past, send the Federal government back to the drawing table and negotiating table, in an effort to implement, albeit in a different manner, their political intentions. The end result may prove, in the long run, to be the best result for Canada.

The Legal Language Explorer

Through RSS feeds and a well-organized iGoogle Home Page, I have learned about the coolest web based search tool: The Legal Language Explorer. This tool, in beta release, searches U.S. Supreme Court decisions from 1791 to 2005 for key words and phrases and then plots graphically the frequency of the word or phrase usage. It also provides a list of the cases, which can be easily and quickly accessed through hyperlinks. Although, any database search tool can provide a search list, a frequency graph is not a usual search engine tool. 

Why is this so interesting and exciting? This kind of visual graphing of results gives the researcher, or really anybody interested, another layer of meaning to case law. The frequency of word/phrase usage can provide much different information than a traditional word search. Generally, it can highlight a case which may be most relevant to your interest or research as typically if the word/phrase is used frequently, the case will revolve around that issue. Specifically, if you are searching for frequency of a "turn of phrase" like the "living tree" doctrine, which has been used to describe American constitutional law interpretation, this kind of search will provide those cases or even the case, in which the term was most used and when.

What may this tell us? This may tell us that during a particular time period the Court relied heavily on this term to determine constitutional cases. It may tell us, which Justice most frequently uses the term to interpret and decide cases. It will allow us to compare why the Court does not use the term in other cases. Or why it does not use this term at all. This kind of legal research, using statistical methodology and practices in legal theory, is called Empirical Legal Theory, a fairly recent legal theory/research area. I find this a most welcome and intriguing area of legal research as it can provide a deeper meaning to legal constructs through analyses of legal bias, judicial decision making, and public opinion. The possibilities of such research touches all areas of justice and enriches our understanding of the law through different perspectives. For more information, I recommend starting with the blog I subscribe to: Empirical Legal Studies, administered by a group of academics, who write and research in the area. 

Back to the Legal language Explorer. I searched for "living tree" and "living tree doctrine" and received no results, yet it is a recognized legal doctrine. However, when I searched for "living constitution", another phrase used for the same doctrine, I did receive some very interesting results. The graph produced three spikes: one case from 1963, one case from 1976, and one case from 1980.

The 1963 case, Gibson v. Florida Legislative Investigation Committee involved the Florida Legislature investigation of the N.A.A.C.P. or the National Association for the Advancement of Colored People for membership connections to "Communists." In some sense this case is the "perfect storm" of civil rights, involving discrimination of belief, race, and association. The ultimate decision in this case, reversing a lower Court decision, found such legislative intrusion was a violation of freedom of speech and association.

True, a fascinating case, but what is the significance of the search term, "living constitution"? It appears only once in the case, as a footnote referencing an academic article from the Harvard Law Review entitled Mr. Justice Black and The Living Constitution. Mr. Justice Black writes a brief concurring decision in this case and states:

In my view the constitutional right of association includes the privilege of any person to associate with Communists or anti-Communists, Socialists or anti-Socialists, or, for that matter, with people of all kinds of beliefs, popular or unpopular. I have expressed these views in many other cases and I adhere to them now.

But it is not Mr. Justice Black who refers to this Harvard review article but Mr. Justice Douglas, who writes a strongly worded concurring opinion. Although he does not directly quote from this article, he does say:

The need of a referee in our federal system has increased with the passage of time, not only in matters of commerce but in the field of civil rights as well. Today review of both federal and state action threatening individuals' rights is increasingly important if the Free Society envisioned by the Bill of Rights is to be our ideal. For in times of crisis, when ideologies clash, it is not easy to engender respect for the dignity of suspect minorities and for debate of unpopular issues. 

This decision is as old as I am, 48 years, and yet the words written are as relevant and as significant today as it was then. And all of this from a legal language search!

There are other significant ideas and learning possibilities from this search but I will leave you to speculate and connect. So try this new search tool, either for your next deep research analysis or just for pure curiosity and joy of learning a new connection. You just might learn something new and interesting or even inspiring.

P.S. We need this search tool in Canada!!!

Holiday Gifts For That Special Lawyer On Your List

In effort to help those who are still struggling with gift giving ideas, I am re-posting (kind of like re-gifting!) a previous blog, from November 26, 2011, on holiday gift giving ideas for the lawyer and non-lawyer on your list. And for those who just can't click on another link, I have reproduced it below:

I am feeling in the holiday mood, despite the Black Friday antics in the USA. If you have a lawyer on your list or just someone special, here are a few suggestions:

1. Donate

Donations are my favourite way of saying "I love you!" and there are many places that need our financial support and help. You can donate as a "gift" to the organization or in honour of a loved one or even in memory of those whom you will miss over the holidays.

As a lawyer in Alberta, I like to donate to the Lawyers Assist program run by the Law Society of Alberta. This organization assists lawyers in need of help for a myriad of reasons such as substance abuse, depression, and the like. Another organization I support is the Legal Archives Society of Alberta. History is so important and is an ideal worth supporting. 

As a criminal lawyer, I support the John Howard Society. This worthy institution provides support for offenders and their families. For a female touch, the Elizabeth Fry Society also helps female offenders in need of guidance. The rehabilitative aspects of these organizations benefits all of society. 

As a lawyer who teaches human rights, I like to donate to Simon Weisenthal Centre, which promotes human rights and holocaust education. The Canadian Civil Liberties Association works hard at preserving and protecting our human rights and civil liberties. The number of cases in which they receive intervenor's status is astounding. A donation there is a big "thank you" to those who volunteer their time to ensure our freedoms are protected.

Personally, I also support the World Wildlife Fund and the Canadian Cancer Society. Buying one of those breast cancer wristbands, I spoke of in my "Keep A Breast" campaign blog would be another great gift. Finally, if you are a member of an ethnic group, as I am, donate to a worthy cause in your specific community. 

2. Gifts Which Say "I Believe In This Worthy Cause"

There are a number of gifts you can give a lawyer or really anyone who cares about an issue. Those breast cancer wristbands for instance. Another idea is a "banned books" bracelet from the American Library Association website. The bracelet, which also comes in a childrens' book version, is made of small stylized front covers of various banned books. My favourite banned book included in the item is "To Kill A Mockingbird," which I recently saw as a play and blogged about here.

If you want to get more radical, buy a T-shirt from Rosa Loves, a website dedicated to what we are dedicated to: they provide T-shirt messages with meaning and as a vehicle for raising awareness and funds. Once the goal has been met, the uniquely designed shirt is no longer available to give way for the next project. An example, is this cool T to raise money for Armonia, a Mexican organization which helps the rural community.

3. Legal Stuff

There is a lot of legal "stuff" out there. If you are channeling former Secretary of State Madeleine Albright, then you will love the "great seal" pin from the Supreme Court Historical Society shop. Or if your taste runs more Canadian, try the cuff links from the Parliament of Canada gift shop. I prefer something to jazz up my dashboard and the bobble-head President Lincoln fits the bill from the Abraham Lincoln Presidential Library and Museum. Although, those Lincoln Logs bring back memories. As a fun piece of trivia, Lincoln Logs were designed by John Lloyd Wright, the son of the famous architect.

4. Retro Gifts

Any lawyer would like a gift that harkens to the nostalgic past. The Star Wars: The Blueprints book would make a nice gift in that memory lane category. This spoof of my son's first baby book Good Night iPad would also be a nifty choice but do not buy Robert Munsch'sclassic Love You Forever, unless you want a good cry. The best retro gift has to be The Beatles Yellow Submarine action figures. Admittedly, I have a few in my basement, including the Blue Meanie.

5. What I Would Like

A T-shirt from the Imaginary Foundation. I love this website, with its mixture of science, art, design, and everything cool, the Imaginary Foundation makes me feel creative. Just check out these T-shirts and you can see why. I just bought my son this Kaku shirt. I also want the National Film Board's production of Blackfly, based on a song by Wade Hemsworth. You can watch it here. Be prepared, it's addictive. I would also like the book recently published on JRR Tolkein's original illustrations. Finally, I would like everyone to watch or re-watch Lord Bertrand Russell's message of tolerance so we can truly have peace on earth this holiday season.

By the way, I did receive the JRR Tolkein's original illustrations as a lovely Chanukah gift.Happy holidays everyone!