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Archive for ‘Thursday Thinkpiece’ Feature

Thursday Thinkpiece: Whelan on Finding Legal Information on the Internet

Each Thursday we present a significant excerpt 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.

FINDING AND MANAGING LEGAL INFORMATION ON THE INTERNET, 2nd Ed
David Whelan
Toronto: Canada Law Book, 2012
[© 2012 Thomson Reuters Canada Limited. Reproduced by permission of Carswell, a division of Thomson Reuters Canada Limited.]

Excerpt: pp. 64-67

General Search

The primacy of Google and Bing has not stopped other search engines from entering . . . [more]

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Thursday Thinkpiece: Lawson on the Law of War

Each Thursday we present a significant excerpt 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.

PUTTING THE WAR IN CYBERWAR: METAPHOR, ANALOGY, AND CYBERSECURITY DISCOURSE IN THE UNITED STATES
Sean Lawson
First Monday, Volume 17, Number 7 – 2 July 2012

[
Footnotes omitted; they are available in the original via the hyperlink above. This paper is licensed under a Creative Commons Attribution–NonCommercial–ShareAlike 3.0 Unported License. ]

. . . . [more]

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Thursday Thinkpiece: Glenn on the Future of the Future

Each Thursday we present a significant excerpt 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 Future of the Future H. Patrick Glenn 2. The Concept of the Future and Its Possible Decline We know the future in opposition to the past, and the future is therefore present as the ultimate destination in a linear progression from the (even distant or 'deep') past through the present (always with us) to the future.
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Thursday Thinkpiece: Ruby, Chan & Hasan on Sentencing

Each Thursday we present a significant excerpt 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.

SENTENCING, 8th Edition
by Clayton C. Ruby, C.M., Gerald Chan & Nader R. Hasan
Toronto: LexisNexis, 2012

Excerpt: Chapter 13, Imprisonment, sections 13.1 -13.8

[Footnotes omitted. They are available in a PDF version of the excerpt.]

Imprisonment

§13.1. Imprisonment should be the penal sanction of last resort. Prison is to be used only . . . [more]

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Thursday Thinkpiece: Cohen on Privacy

Each Thursday we present a significant excerpt 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.

WHAT PRIVACY IS FOR
by Julie E. Cohen
126 Harv. L. Rev. (forthcoming 2013)

Excerpt: pp. 16-19 of online symposium paper

[Footnotes omitted. They are available in the PDF version of the article, available via the link on the title above.]

Innovation is never a neutral quantity. Technologies and artifacts are shaped by the . . . [more]

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Thursday Thinkpiece: Gelowitz on Appellate Review

Each Thursday we present a significant excerpt 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 CONDUCT OF AN APPEAL, 3rd ed.
by Mark Gelowitz (see also the author’s website for the book)
Toronto: LexisNexis Canada, 2012

Excerpt by the author: Chapter 2, pp. 67-69

1. Standards of Appellate Review

In recent years, the Supreme Court of Canada has refined its approach to appellate standards of review by . . . [more]

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Thursday Thinkpiece: British Psychological Society on Autobiographical Memory

Each Thursday we present a significant excerpt 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.

GUIDELINES ON MEMORY AND THE LAW: Recommendations from the Scientific Study of Human Memory
by The British Psychological Society

Guidelines on Memory and the Law: Recommendations from the Scientific Study of Human Memory. Leicester: Author, 2010

Excerpt: pages 10 – 12

3.i AUTOBIOGRAPHICAL MEMORY

In general the type of memory we are concerned with . . . [more]

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Thursday Thinkpiece: Pitel & Bortolin on Judges Returning to Practice

Each Thursday we present a significant excerpt 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.

REVISING CANADA’S ETHICAL RULES FOR JUDGES RETURNING TO PRACTICE
S. G. A. PItel & W. Bortolin
(2011) 34 Dalhousie Law Journal 483
Excerpt: pp. 515-520

[Footnotes omitted. They are available in the full PDF version of the article, available at SSRN via the link on the title above.]

4. Prohibiting participation in the same . . . [more]

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Thursday Thinkpiece: Kowalski on Legal Services

Each Thursday we present a significant excerpt 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.

AVOIDING EXTINCTION: REIMAGINING LEGAL SERVICES FOR THE 21ST CENTURY
by Mitchell Kowalski
Chicago: American Bar Association, 2012

Excerpt pp.7-10, edited by the author

 

Maria Fernandez, General Counsel of Kowtor Industries, clicked on the link sent to her. The video player launched and there was Sylvester Bowen, CEO and Chairman of Bowen, Fung & . . . [more]

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Thursday Thinkpiece: Bisgould on Animal Law

Each Thursday we present a significant excerpt 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.

Animals and the Law
by Lesli Bisgould
Toronto: Irwin Law, 2011
Excerpt pp. 279-285

[Footnotes omitted. A PDF file is available with the footnotes included.]

Closing Thoughts

Today’s problems cannot be solved by thinking the way we thought when we created them.
— Albert Einstein

What strikes one most about the profound violence . . . [more]

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Thursday Thinkpiece: Eicks on Educating the Digital Lawyer

Each Thursday we present a significant excerpt 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.

EDUCATING SUPERIOR LEGAL PROFESSIONALS: SUCCESSFUL MODERN CURRICULA JOIN LAW AND TECHNOLOGY
Jeanne Eicks
in Educating the Digital Lawyer, Marc Lauritsen & Oliver Goodenough Eds.
Cambridge, USA: Harvard Law School Program on the Legal Profession, 2010-2011
excerpt Chapter 5, pp. 8-14

[Footnotes omitted. They are available in the original via the linked title above.] . . . [more]

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Thursday Thinkpiece: MacDougall on Estoppel

Each Thursday we present a significant excerpt 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.

ESTOPPEL
Bruce MacDougall
Toronto: LexisNexis, 2012
Excerpt: Chapter 1, paras 1.29-1.33

[Footnotes omitted. A PDF file of this excerpt is available with the footnotes included.]

1.29 Historically, the equitable concern manifested through the use of estoppel was characterized as being about “fraud”, but today estoppel is usually not thought to be based on such . . . [more]

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