Yesterday, in a short, frustrated entry on promulgation, I forgot to mention a curious nuance that nobody seems to talk about—the promulgation of bad law. All the time, state and federal courts are discovering, with the help of scrutinous litigants, that certain legislation is unconstitutional. But, as the courts are striking these laws […]

Tonight, I pushed over all my spare loonies and toonies for bottles of Canadian as the Oilers won a hockey game, then donned my toque and mitts to head out into steady October snow piling up on the Old Strathcona streets.

“Civil procedure” is what lawyers and judges call the elaborate game of suing somebody. The process would be familiar to anybody who’s been through a 70-minute call with the phone company to dispute some outrageous charge on their bill. Except it is longer by many orders of magnitude, so complicated that the U.S. […]