Because international law supported European assertions of sovereignty over Indigenous territories beginning in the 15^th century it’s appropriate for international law to deal with the issue of Indigenous rights now. The current situation of Indigenous peoples was created by international law. European nations created an international law that allowed European powers to divide up and colonize the rest of the world and profit from it. Europe exported enough of its population to at least some of the colonies in the Americas and the Pacific that when they were decolonized, Europeans or their descendants continued to govern on the basis . . . [more]

Professor Joseph Weiler, Editor-in-Chief of the European Journal of International Law, recently posted an entry on his blog about a criminal defamation charge lodged against him in France for publishing a negative book review. [See also Libel Accusation from a Book Review on Slaw] That post got me thinking about how one would go about finding a criminal procedure code of a foreign country. It’s good to know in case someone charges me with a crime because of any of the book reviews I’ve written.

Image from The Life of Emile Zola

Discovery Tools

To find a foreign code . . . [more]

Many of us have a book living inside just waiting to get out if only we could find the time, energy and courage to write it. Recently, I discovered that someone else has written my book. The book is titled “Women on Top – The Woman’s Guide to Leadership and Power in Law Firms” by Ida O. Abbott. (Available on the National Association of Law Placement website for $80.00.) 

The American author is a well-known writer on many law practice management issues including “The Lawyer’s Guide to Mentoring”. She is also a co-founder and director of the Hastings Leadership Academy . . . [more]

Law firms deal with some of the most confidential and sensitive data in society and yet so many of them have such lax policies on information security. There are some simple things you can do to dramatically improve your information security and they don’t require you to purchase expensive gear.

Keep Your Passwords Your Own

I can’t tell you how many times I’ve been at a firm and heard an attorney come out of their office and say “Patty, I’m going to Phoenix for a couple of days to meet with Acme Co. Check my e-mail while I’m away; my . . . [more]

Over the years I heard from librarians that case law publishing should be regulated. I heard from lawyers who suggested that governments should publish case law reports. I heard a chief justice in Saskatchewan complain about the duplicate publication of judgments of the Supreme Court of Canada.

In the 1970s decisions of the Supreme Court of Canada were published by the Government of Canada in the Supreme Court Reports but many times it took up to two years for a case to be published. In response to a need for the timely publication of Supreme Court of Canada cases our . . . [more]

We’ve spent the last few decades building up a series of myths about legal education. I’d like to take a moment to deconstruct a few of them.

1. The law school from which a lawyer graduated is a relevant and reliable indicator of his or her quality.

This is the pedigree myth. Law firms for years have used “law school reputation” as a handy shortcut to avoid the hassle and expense of actual hard-nosed assessments of a candidate’s qualifications and potential. I’ve met lawyers from schools at the “top” and the “bottom” of the traditional rankings, and I’ve not . . . [more]

In a previous article, I discussed some issues with loose-leaf subscriptions and suggested that a number of them might well be replaced by eBooks. The term ‘eBook’ is used for electronic material produced in a wide range of formats. These formats include, but certainly are not limited to, HTML, PDF, AZW (Amazon’s proprietary format for the Kindle), EPUB (an open e-book format used by the iPad) and Mobipocket. Not all these formats are compatible with all devices. Wikipedia has an excellent list of the various formats, along with a table showing which format will work on what device. . . . [more]

[This is the fourth in a series of articles about the trends, theories, principles and realities that have influenced the redesign of the new library of Osgoode Hall Law School – part of the renovation and rebuilding of the School currently underway.]

A law library is different from other libraries not just in its collections, but in its function and especially in its role within its parent institution. In a law firm, the library and the librarians are an integral part of the firm’s practice. The librarians bill their time when working on client files. Increasingly, the library supports the . . . [more]

One of the skills that legal researchers and authors quickly have to master does not have anything to do with substantive law, but with how to refer to legal materials. This is true in many other areas of specialized knowledge, but citation standards in the legal realm seem to be particularly cluttered with minute details and exceptions, especially in Canada and the United States. Some of us eventually become quite skilled at knowing how to use square brackets, abbreviations and acronyms of legal authorities. The rest of us rely on proofreaders to make sure that every rule in the . . . [more]

In a previous column, I talked about managing expectations when you hire a marketing consultant or agency. Being clear about why you’re hiring a consultant and ensuring that everyone in your firm understands those expectations will get the relationship off to a good start. 

But how do you go about choosing the right marketing consultant for your needs? First, Beware the Brother-in-Law! So many law firms find their suppliers through their families. In-house marketing staff cringe when they hear the words, “My brother-in-law can do that.” That choice is being made not because of what is best for the firm, . . . [more]

The next and most important area for innovation in law firms is not in the way we bill time, structure compensation or in the technology we employ. It is in turning our attention to maximising the output of – in the words of Hercule Poirot – our little grey cells.

Achieving and sustaining excellence takes strategic and practiced use of our biological resources. Work life in the modern law firm is a marathon not a sprint. Developing practices to sustain our energy and maximise our mental effectiveness means we will get more value out of every hour at the office . . . [more]

Morally, legally, financially, environmentally: can we really create huge unprecedented risks in pursuit of our own comfort, and manage them successfully? I am coming to agree with Thomas Homer-Dixon that our destructive capacity has far outstripped our ability to manage or even understand it:

As our world has become more complex, we have, in fact, moved from a world of risk to a world of uncertainty. In a world of risk, we have data at hand that allow us to estimate the probabilities that any given system we are working with will evolve along certain pathways, and we can also