Librarians and information professionals often play a role in advocating for the open access (OA) to information. I consider myself one of those advocates and will discuss what I think that means.

My OA journey began in an academic environment with the open sharing of research and educational materials, and the enthusiastic promotion of Creative Commons (CC) licences. Later experience outside of an academic institution showed me that “open access” can be applied to all types of materials, incorporate different kinds of open licences while respecting copyright law, use intricate business models, and involve competing ideologies.

If we look back . . . [more]

The U.S. Congress may not be getting much done, but the U.S. Government Publishing Office (GPO) and the Law Library of Congress continue to work on making U.S. legal information more accessible. On September 15^th the GPO announced that it had “digitized the Monthly Catalog of U.S. Government Publications, a historical list of publications the Federal Government produced from 1895 to 2004, as well as other historic government publication indexes. Librarians, scholars, students, and the general public can use these indexes to find historic publications of the U.S. Government. These indexes have been digitized and published for the . . . [more]

The “two Michaels,” Kovrig and Spavor, are not the only Canadians who have been unjustly imprisoned in China. Another Canadian, Huseyin Celil, has been jailed in China since 2006 on specious “terrorism” charges for peacefully advocating the rights of Uyghur people.

These cases provide windows into the morass of everyday violations against Chinese human rights advocates ensnared within China’s legal system. They also provide glimpses into some of the ways China flexes its international muscles to sustain its impunity for rights violations, including atrocity crimes.

China’s opaque legal system and international human rights law

China has no independent legal . . . [more]

“Set your business plan to win; raise the bar or you’re not going to be prepared.”
– Swizz Beatz

Anyone else working on their 2022 business plan? If you’re like me, you’re in the thick of it right now – pulling data, plotting year-to-date results, analyzing what’s gone well and what hasn’t, and reflecting on why certain things just couldn’t get done. Business planning can be motivating when the exercise is aligned to a clear and simple process.

Know your firm’s strategic plan inside and out – Marketing and business development are generally a focal point of a law firm’s . . . [more]

I looked at all the patent infringement cases started in the Federal Court over a three-year span 2017 to 2019. There were about 140 cases in this group of which about 24% are still pending today including four waiting on trial decisions and five with trials scheduled in 2022. Of the 140 cases, nine have gone to trial.

The following chart tracks the number of active cases from the original 140 that were still active in six month increments. Note that this is somewhat subjective and is based on what appears to be resolution on the merits rather than the . . . [more]

Samantha has a presentation coming up and wishes she felt more confident. She worries about getting asked questions and not knowing the answers. She is all too aware of how little she knows about the topic.

Tom is heading into a meeting with senior counsel, who has asked him to report on his progress and feels nervous and self-doubting.

In law, it can seem as though confidence is a professional requirement. There is an expectation that you will have the answers. It can also seem like everyone around you feels confident, and you are the odd one out.

Here’s what . . . [more]

Soquij and Slaw continue the vision of Jules Deschênes

Legal Separatism in Canada

In 1979 I was introduced by Simon Chester to Jules Deschênes, Chief Justice of the Superior Court of Quebec, who wished to discuss the role that English language legal publishers such as Carswell could play in addressing what he called “legal separatism in Canada”.

His thesis was that “Quebec has shown the willingness and the ability to contribute to the building of […] a national scheme of federal law, but the legal community of the rest of Canada has, by and large, closed itself off and away . . . [more]

Each semester my students must meet with me to discuss their research, and each semester I put a great deal of thought into how to arrange these meetings. I love the individual attention I can give each student in these meetings, and yet, scheduling these meetings always feels like a nightmare. Sometimes I think I have not properly explained the parameters of our scheduling system, but more often it is their lack of attention to detail that leads to my students showing up late, scheduling meetings when they are already scheduled to be in other classes, or otherwise failing to . . . [more]

“Our administrative law is a never-ending construction site where one crew builds structures and then a later crew tears them down to build anew, seemingly without an overall plan.”

Justice David Stratas, “The Canadian Law of Judicial Review: A Plea for Doctrinal Coherence and Consistency”

“The “Quest”, shall we say, for a unified theory of Administrative Law is a constant yearning or aspiration but such a theory, in my view, is probably unattainable, in large measure because there occurs, all along, these repeated shifts in values, and these cognitive or epistemic shifts, in what we consider just or

Knowing which dispute resolution process to recommend to a client requires a lawyer to know whether there is family violence or a significant power imbalance. The only way to competently provide that legal advice is to have the relevant information by screening for family violence. The recent amendments to the Divorce Act, RSC 1985, c 3 (2^nd Supp) and the Supreme Court of Canada decision, Colucci v Colucci, 2021 SCC 24 suggest that lawyers are required to screen for family violence to be able to competently comply with their statutory obligations. This new legal context also indicates . . . [more]

This submission is part of a column swap with the American Association of Law Libraries (AALL) bimonthly member magazine, AALL Spectrum. Published six times a year, AALL Spectrum is designed to further professional development and education within the legal information industry. Slaw and the AALL Spectrum board have agreed to hand-select several columns each year as part of this exchange. 

A recent Law.com article by Dan Clark highlighted a startling finding: “General counsel are increasingly looking for law firms that can collect and deliver data so corporations can improve their decision-making about risks and spending. But they are often . . . [more]

The UK-based legal information provider, Justis, as was, but now rebranded vLex, having been acquired by the Spanish-based company of that name, seems to me to be one which has been a model of its kind; the acquisition was made in 2019, using, for the purchase, part of a £4.2m loan. Originated as Context, in the mid-1980s, partly in consequence of Thomson having sold Eurolex to Lexis, it has survived changes in ownership. However, it appears to have retained consistency of purpose, a focus on sophisticated and evolving technology and closeness to core markets around the world. . . . [more]