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Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 2)

...s and Humanities Research Council (SSHRC), the Canadian Institutes of Health Research (CIHR) and the Natural Sciences and Engineering Research Council of Canada (NSERC) – though well-intentioned, are non-committal about open access. Open access is also public access. The concept of free access to law is well established in Canada. CanLII (the Canadian Legal Information Institute) is recognized as a world leader in providing free access to...
Posted in: Legal Information

Does Open Access Publication Help or Hinder Legal Scholarship?

...ubscription and royalty payments that account for their chief budgeted revenues. That subsidy, I argue, is an investment in the production and dissemination of legal scholarship, whose value is unambiguously enhanced by open access publishing. Open Access in a Closed Universe: Lexis, Westlaw, Law Schools, and the Legal Information Market Olufunmilayo B. Arewa 10 Lewis & Clark L. Rev. 797 (2006) This Article considers issues of open access...
Posted in: Miscellaneous

Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 1)

...rs of those institutions. Ratings are provided specifically for both American and International law schools. Just as many law firms are obsessed with their AmLaw rating, many law faculties are equally obsessed with improving their rating with SSRN, an obsession that is ultimately at odds with the open access ideals of unrestricted public access for research and education. Like free access to law, open access is also public access – but more on...
Posted in: Legal Information

Fiduciaries’ Access to Digital Assets

...hing expressed in digital code may be a digital asset, and that fiduciaries should have access to it, unless there is some clear reason why they should not. The ULC Committee has been debating whether the default position is access or no access and whether limits to access should be contractual or statutory. It seem to be moving to a position that the fiduciary of whatever kind should be presumed to have access to digital assets on the same...
Posted in: Legal Technology

Access to Justice Reports Released

...ial Media and Online Tools to Increase Access People with legal problems have expectations that are often not met by our justice system. One way to address the expectations gap is through better, more affordable, and earlier access to legal services. The National Action Committee on Access to Justice in Civil and Family Matters released a working group report last year that offered a number of recommendations to address these issues. This...
Posted in: Justice Issues, Legal Information, Practice of Law: Future of Practice, Reading: Recommended, Technology: Internet

Bill C-12 and “Lawful Authority” Under PIPEDA

...t if by “lawful authority” the legislature meant only “statutory authority”, it could and would have used that term. It must be presumed that the legislature meant more than statutory authority when it used the broader term “lawful authority”. If “lawful authority” has any meaning (other than subpoena, warrant or court order), there must be circumstances involving law enforcement when it is not present. Such circumstances could include statutory...
Posted in: Substantive Law: Legislation, Technology

Open Access and Academic Reputation

...mited proportion of the literature is open access–is the opportunity for authors to have their work evaluated, cited, and utilized by a wider readership than is experienced by comparable articles that have not been made open access. The open access article, in these circumstances, is open to a different level of scrutiny by this wider audience (and potentially through the further openness of its data and sources) and thus the reputation...
Posted in: Legal Publishing

The Access to Clothing Crisis

...manage the work of so many skilled craftspeople. [5] Similarly, the suggestion of expanded scope of practice for para-tailors to assist the self-clothed and unclothed is easily rejected. The essential issue is not really not Access to Clothing but rather Access to Proper Clothing. It is not reasonable to think that anything less than expert tailoring could be sufficient given the importance of clothing. [6] The opinions expressed in this article...
Posted in: Legal Ethics

Indian Kanoon: Sushant Sinha on Innovation and Free Law in India

...o compel gated communities to open their public roads to union members and other members of the public. Both of these instances, Dr. Sinha contended, were consistent with the “development as freedom” view of free access to law. Not only did free access to legal information enable citizens — actually in the first instance and at least potentially in the second — to vindicate their legal rights. One could also plausibly...
Posted in: Legal Information

Is Lawful Access Legislation a Good Thing?

...urveillance. The proposed surveillance powers come at the expense of the necessary privacy safeguards guaranteed under the Charter of Rights and Freedoms. A number of privacy and Internet experts weigh in on the matter the UnLawful Access website via this video: And have a petition from Open Media.ca: http://stopspying.ca As well, there have been letters and articles written; here is a selection: Privacy invasion shouldn’t be...
Posted in: Substantive Law: Legislation, Technology: Internet

The Perfect Storm of Open Access

...nts, and how many articles a year? So I realize that this is currently a limited approach. Nonetheless, as Springer is one of the big four publishers and thus speaks to a bigger movement, to have students saying “no” to open access at this point, or to imagine that open access or article processing fees instantly discounts the quality or prestige, is something that needs to addressed. 2. Further on this “just say no to open access,” it needs to...
Posted in: Legal Publishing

Summaries Sunday: OnPoint Legal Research

...SCC further examined the content of the constitutional principle of rule of law, and found that the rule of law did not support a general right to counsel. In Vilardell, McEwan J of the BC Supreme Court located the right to access justice in the Constitution Act of 1867, by finding that the access to s.96 courts – that is, federally appointed superior courts – was a fundamental premise of Canada’s constitutional arrangement. The...
Posted in: Summaries Sunday