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Archive for ‘Thursday Thinkpiece’ Feature

Thursday Thinkpiece

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Royal Succession and the Canadian Crown as a Corporation Sole: A Critique of Canada’s Succession to the Throne Act, 2013
Philippe Lagassé and James W.J. Bowden
Constitutional Forum constitutionnel Volume 23, Number 1, 2014

(Excerpt: pp. 19, 20)

I. The Canadian Crown as Corporation Sole

. . . .

Perpetuity and seamless succession, . . . [more]

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Thursday Thinkpiece: Hughes and Bryden on the Test for Judicial Disqualification

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Refining the Reasonable Apprehension of Bias Test: Providing Judges Better Tools for Addressing Judicial Disqualification
Jula Hughes & Philip Bryden
36:1 Dalhousie Law Journal (2013) 171-192

Introduction

The “reasonable apprehension of bias” test for judicial disqualification has been a fixture of Canadian law for many years, at a minimum since its formulation in . . . [more]

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The Thursday Thinkpiece: Kafka on the Lawyers

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

The Trial
Franz Kafka
Orig: Der Process, Berlin: Verlag Die Schmiede, 1925

Translation by David Wyllie

Chapter Seven
Lawyer – Manufacturer – Painter

……

He was no longer able to get the thought of the trial out of his head. He had often wondered whether it might not be a good idea . . . [more]

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Thursday Thinkpiece: Craig and Laroche on Why Music Is Special

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Out of Tune: Why Copyright Law Needs Music Lessons
Carys Craig & GuIllaume Laroche

In:
Intellectual Property for the 21st Century Interdisciplinary Approaches, B Courtney Doagoo, Mistrale Goudreau, Madelaine Saginur and Teresa Scassa, Eds. (Toronto: Irwin Law, 2014)

(This excerpt is published pursuant to a Creative Commons licence.)

B. THE LAW . . . [more]

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Thursday Thinkpiece: Priel on Negligence Law

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Tort Law for Cynics
Dan Priel
Modern Law Review, Volume 77 (2014)

Introduction

Back in 1949 Lord Justice Denning had an occasion to consider the rules imposing tort liability on the actions of people of unsound mind. He wrote there:

I am aware that these rules of law have been criticized by some

. . . [more]

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Thursday Thinkpiece: Lyon & Sossin on Diversity and Judicial Appointment

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Data & Diversity in the Canadian Justice Community
Sabrina Lyon & Lorne Sossin
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2389410, Draft January 21, 2014

Part One: Diversity & the Judicial Appointment Process

Judges in Canada are no longer simply selected behind closed doors. While serious gaps in transparency remain with the appointment process both provincially and federally, all judicial . . . [more]

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Thursday Thinkpiece: Pitel and McKie on Privilege for Ethics Counsel

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Solicitor-Client Privilege for Ethics Counsel: Lessons for Canada from the United States
Stephen G.A. Pitel and Jordan McKie
(2013) 91 Canadian Bar Review 313

(Footnotes omitted; they are available in the original, via the CBR link, and in the pre-publication version via the main hyperlink above.)

(c) Privilege and Ethics Counsel

While there . . . [more]

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Thursday Thinkpiece: Fudge on Gender and Labour

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Women Workers: Is Equality Enough?
Judy Fudge
feminists@law, Vol 2, No 2 (2013)

This work is licensed under a Creative Commons Attribution 3.0 License.

(Footnotes omitted; they are available in the original, via the hyperlink above.)

. . . After the crisis of World War II, in most democratic capitalist countries . . . [more]

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Thursday Thinkpiece: ABA on Legal Education

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

REPORT AND RECOMMENDATIONS AMERICAN BAR ASSOCIATION TASK FORCE ON THE FUTURE OF LEGAL EDUCATION
ABA Task Force on the Future of Legal Education, January 2014

Excerpt: pp. 22-28

VII. THEMES ADDRESSED TO ALL PARTIES

The Task Force has identified the following nine themes as guides for the efforts of all participants in . . . [more]

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Thursday Thinkpiece: ALRI on Appealing Arbitration Awards

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

ARBITRATION ACT: STAY AND APPEAL ISSUES, FINAL REPORT
Alberta Law Reform Institute
ISBN 978-1-896078-58-8

Excerpt pp. 40-43, 43-45

2. WHEN SHOULD COURT APPEALS BE POSSIBLE?

[124] The decision whether to allow appellate access to the courts has always been a balancing act between competing policy considerations. What are the most prevalent, although sometimes . . . [more]

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Thursday Thinkpiece: Poblet on Visualizing Legal Open Data

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Visualizing the law: Crisis mapping as an open tool for legal practice
Marta Poblet
Journal of Open Access to Law Vol 1, No 1 (2013)

(This work is licensed under a Creative Commons Attribution 3.0 License. This work, as excerpted, has not been altered.)

Excerpt pp. 3-6

2. Maps as Interfaces: Visualizing . . . [more]

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Thursday Thinkpiece: Kierstead & Abner on Learning Professionalism in Law Firms

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Learning Professionalism in Practice
Shelley Kierstead & Erika Abner
(2013) Osgoode CLPE Research Paper No. 59/203

Excerpt: pp. 35-38

The Hidden Curriculum in Law Firms

In addition to examining the stated curriculum and the interpersonal curriculum in the workplace, available studies also describe components of the hidden curriculum in law firms.

Policy Development . . . [more]

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