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Archive for July, 2015

The Future of Digital Reading

Recently my daughter gave me a book by Naomi S. Baron titled Words on Screen – The Fate of Reading in a Digital World (2015 Oxford). Naomi Baron is Professor of Linguistics at American University in Washington, D.C.

In the U.S.A in 2013, 30% of the books sold were eBooks – page 207.

Professor Baron states “for romance, erotic fiction and mysteries or thrillers, eBooks were strongly preferred over print”. Page 232.

Baron argues that careful reading and careful thinking are the hallmark of higher education, and that such reading and thinking is better done in print. Baron states “the . . . [more]

Posted in: Legal Publishing

Bad Idea: Don’t Google How to Rob a Bank

Why Googling about how to rob a bank is not recommended is just one item in the June 2015 issue of the U.S. bulletin Connected.

The bulletin, which covers news about the impact of new social media on courts, is published by the Virginia-based National Center for State Courts and the Conference of Court Public Information Officers.

It is a great place to find out about how courts are trying to adapt to the world of Facebooking judges, tweeting witnesses, Instagramming lawyers, and jury members doing their own research on the Internet. Most items are American but they have . . . [more]

Posted in: Justice Issues, Technology: Internet

New! Meta Search of Open Access Law Journals!

Click here to try the new search engine!

I recently reviewed the growing list of open access law journals, and re-read Louis Mirando’s series on this topic:

Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 2)
Published February 20th, 2014
Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 1)
Published October 25th, 2013

He had provided a good list of open access law journal projects. We had snagged a few others as well.

In revamping our University of Windsor Paul Martin Law Library website, I realized that the list . . . [more]

Posted in: Legal Information: Information Management

Drama at the Quebec Bar Association: Bencher Suspended After Shoplifting Allegations

On July 3, 2015, Quebec lawyers found out that the recently elected (63% of votes) bencher of the Quebec Bar Association, Me Lu Chan Khuong, was suspended with pay from her duties by the board of directors of said association. . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

Thursday Thinkpiece: Bakht and Palmer on Witchcraft Charges and Constitutionality

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.

Modern Law, Modern Hammers: Canada’s Witchcraft Provision as an Image of Persecution

Natasha Bakht, Associate Professor, University of Ottawa Faculty of Law and Jordan Palmer, PhD Candidate, University of Ottawa Faculty of Law
(2015) 35 Windsor Review of Legal and Social Issues 123

Excerpt: pp 123-125, 131-143

[Footnotes omitted. They can . . . [more]

Posted in: Thursday Thinkpiece

Reviewing CIPO’s Procedural Decisions – Federal Court’s Judicial Anxiety to Uphold Patents

In conducting the public function of granting Patents, CIPO’s actions are often called into question in private disputes, as well as by individual applicants. Although the “high stakes” of patent litigation may often create novel arguments to invalidate a particular patent, broader policy consequences ultimately arise as to how to temper CIPO’s independent administrative functions with the ability of third parties to raise administrative noncompliance as a ground of patent invalidity. The court’s predilection to review, at the request of individual applicants, administrative type decisions regarding fees, may be contrasted with judicial reluctance to revisit CIPO’s actions once a patent . . . [more]

Posted in: Intellectual Property

Advancing the Rule of Law

It’s that time of year again – The Law Society of Manitoba is calling for nominations for the Richard J. Scott Award, an honour presented annually to “an individual who advances the rule of law through advocacy, litigation, teaching, research or writing.”

Richard Scott is Manitoba’s longest serving Chief Justice, having been appointed to the Court of Queen’s Bench in 1985 and elevated to Associate Chief Justice later that same year, and then promoted to Chief Justice of the Court of Appeal in 1990. He retired from the Bench in 2013 and has since returned to legal practice as counsel . . . [more]

Posted in: Justice Issues

When “use” Is Not Trademark “use”

Law sometimes hinges on subtle distinctions that are not obvious, and can lead to surprising results. The meaning of the word “use” for trademark purposes, for example.

A key principle of trademark law is that a business must actually “use” its trademark to keep its trademark registration alive, or to enforce its trademark rights against others.

But the legal concept of “use” for trademark purposes is narrower than most would suspect, and can result in a surprising loss of trademark rights for a business.

For example, a trademark on the side of a building, or on a business card, or . . . [more]

Posted in: Substantive Law: Judicial Decisions

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Meads v. Meads, 2012 ABQB 571

[1] This Court has developed a new awareness and understanding of a category of vexatious litigant. As we shall see, while there is often a lack of homogeneity, and some individuals or groups have no name or special identity, they (by their own admission or by descriptions given by others) often fall into the following . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Fifth Tool: Assigning Tasks

In six preceding articles I have described the idea behind becoming a very highly valued five-tools project manager, ready to manage each of the five progress factors:

  • Manage the project, starting with the project charter.
  • Manage the client, starting with the Conditions of Satisfaction.
  • Manage time, starting with the Off Switch.
  • Manage money, starting with budgets.
  • Manage the team, starting with assigning tasks accurately.

The fifth tool deals with the most important asset on your team. It’s an asset that goes home at night, an asset that defines the biggest difference between project success and failure.

And it’s the asset . . . [more]

Posted in: Practice of Law

How Deep Is Your Usual Legal Research Dive?

Reading Susan Munro’s post about some of the interesting products and services she learned of at the CALL conference got me thinking. Susan noted:

Countervailing forces (for example, the common use of Google as a first stop for all kinds of research) pull us away from deep-dive research. I keep hearing about the legal research habits of law students and newer lawyers: they start with Google and often go no further.

It is interesting to step back and think about what patterns exist for legal research. If most often a legal research need is fulfilled by a surface scrape, what . . . [more]

Posted in: Legal Information: Libraries & Research

I Believe the Law Students Are Our Future

This past spring, I designed and taught an upper-­year course at the Allard (i.e. UBC) School of Law called “Access to Justice and the Modern Litigant.” For three hours each Thursday afternoon, my students and I discussed the deepening crisis in access to justice for working and middle-­class Canadians. We explored the philosophical foundations of the common law, traced the evolution of the concept of equal access to justice, and considered different sociological analyses of how ordinary Canadians interact with the civil justice systems built to serve them. We also reviewed the history of public legal services in Canada, and . . . [more]

Posted in: Justice Issues

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