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Archive for ‘Columns’

Barriers to Accessing Legal Information

In this post, I would like to highlight the barriers to accessing legal information and ways we can help remove them.

Let’s begin by clarifying the difference between accessibility and availability. Material is accessible when barriers to the content are removed and they can be used by as many people as possible, these barriers can take several forms such as financial or technical limits to access. Material is available when people can easily use it, because it is free of legal and policy restrictions.

A legal document can be accessible, but not available. For example, a member of the public . . . [more]

Posted in: Legal Information

Ten Years of Technology Columns

My most recent column for Slaw.ca, Mutual Recognition of Methods of Authentication, completed ten full years of bimonthly columns here on any technology topic I chose to write about. This time I will dip into some of the highlights to see if there has been any progress, theoretical, practical or personal, on them. I have also published numerous occasional pieces here over that period and before, usually also on technology.

Technology

My first column, in 2010, was on Robot Law. Some of the concerns discussed there – such as the capacity of robots to have an autonomous legal . . . [more]

Posted in: Legal Technology

The Moral Rights of Researchers as Authors

I am working this year on developing a copyright amendment that is intended to do a much better job of supporting open access to research than the current law. This work is catching something of the tailwind filling the sails of open science, brought on by tragic, disruptive turns of the global pandemic. The rising tide of open preprints, data, and article access is accelerating the pursuit of vaccines and cures, and some believe science will never be the same. Yet science operates within an intellectual property regime that makes few distinctions over its particular economy. Thus the need to . . . [more]

Posted in: Legal Publishing

Community-Based Access to Justice: Impact and Opportunity

The COVID-19 pandemic has had wide-ranging and profound impacts on our society. The crisis has led to a surge in legal problems related to tenant rights, employment issues, domestic violence and other areas. Most would agree that, pandemic or not, access to justice is still a goal that is far beyond our grasp. Making real headway is complicated and no easy solutions exist, but in this moment there is opportunity for meaningful change. Can we seize it?

This week CLEO released a new report, Community Justice Help: Advancing Community-Based Access to Justice. It is the product of a fellowship . . . [more]

Posted in: Justice Issues

Connecting Public and Private Legal Information Part II: Linking Your Legal Citations to CanLII Material

A month ago, I introduced Lexum’s first step in providing Knowledge Management as a Service (KMaaS) via Lexbox. This development has made it possible for Lexbox users to start searching their own documents alongside the public legal information made available on the CanLII website. This post covers the upcoming release of the second feature tied to that approach. In a few weeks Lexum will integrate its citator to Lexbox, automating the linking of legal citations included in the body of documents submitted by users to the corresponding cases and legislation on CanLII.

The idea of enabling users to auto-link their . . . [more]

Posted in: Legal Information, Legal Publishing

Online Conferences: The Good, the Boring, and the Unmuted

For Academic Law Librarians, June and July are the conference season. Many law schools don’t have summer classes, and so what would otherwise be a slow part of the year ends up turbocharged with preparing presentations, finalizing travel arrangements, and taking care of other professional development. This summer, of course, most of us will not be attending any conferences in person. The silver lining is that I’ve been able to attend conferences I would not necessarily have been able to attend in person, such as the CALL/ACBD (Canadian Association of Law Libraries/L’Association canadienne des bibliothèques de droit) conference, the LLNE . . . [more]

Posted in: Legal Information

Mired in Conflict? Me Deciding Whether You Can Compete With Me

Does it make sense that lawyers elected by lawyers should effectively decide the permitted scope of practice of paralegals with whom they do or would compete for work? Does it make sense that lawyers and paralegals elected by their peers should decide what legal services can only be provided by lawyers and paralegals and thereby maintain their monopoly?[1]

On the other hand, does it make sense that elected lawyers and paralegals should decide what education and training is appropriate for licensing and what professional conduct should be required for appropriate advocacy in courts and tribunals and generally? Does it . . . [more]

Posted in: Legal Ethics

Unknown Unknowns

The world continues to change greatly and, whatever the future brings and despite any wilful and devious political and corporate hyperbole that abounds on these matters, it may well be that some aspects of the past will disappear or will alter to an extent. In the case of much that has been witnessed of late, we might certainly hope so. Almost without doubt, the pandemic is likely to create beneficial modernisation and efficiencies that can be enjoyed by the use of technology that was previously little-known, avoided or unavailable. We have indeed been forced lately to question much that has . . . [more]

Posted in: Legal Publishing

What I Learned About Innovation From Learning How to Code

I recently completed Harvard’s CS50: Introduction to Computer Science, offered online though edX. Given my role as a Legal Tech and Innovation Specialist, I work with a lot of technology. Gaining a deeper understanding of computer science seemed like an enjoyable side-project. I was partially correct.

(Sample code from one of my projects)

While learning about concepts like data structures, memory, and arrays is incredibly helpful, I was not prepared for how challenging it would be to apply these concepts into workable programs. Things that programmers can do without effort took me hours: iterating across a linked list of . . . [more]

Posted in: Legal Technology

A Journalist Shield Law for the Provinces

This piece is based on my Parkland Institute report entitled, “Alberta’s Inadequate Legal Protection of Whistleblowers, Journalist Sources and Others Who Speak Out in the Public Interest.” The report is expected to be published online later this year.

A person who wants to blow the whistle on wrongdoing in our society has a lot to worry about. On the legal front, they may lose their job or be sued. Whistleblower protections in Canada, which extend only the public sector employment, are poor. Moreover, only three provinces have anti-SLAPP legislation. Most choose to feed a tip, leaked document, or their first . . . [more]

Posted in: Justice Issues

What Does a Third Act Look Like to You? Retirement?

Retirement. What does that word mean to you? Old or wise, laid back or charging ahead? Playing endless rounds of golf or attending endless board meetings?

Retirement has certainly been redefined; we’re working well beyond sixty-five. All we have to do is look to the Supreme Court as a prime example. According to Bloomberg, in an article by David Ingold, the projected age when a justice will leave the Supreme Court is now about eighty-three. That’s a ten-year increase from the 1950s. Wow, that’s ten additional years of being relevant and contributing to the decisions of our country’s most important . . . [more]

Posted in: Legal Marketing

Coffee in the Times of COVID

The COVID-19 pandemic has turned our world upside down. However, new and innovative strategies have emerged to help lawyers reduce stress and improve mental health in these uncertain times of the global crisis. Technology has been a key enabler in supporting people to connect, socialize and engage in dialogue about the impact of the virus in our lives and reminding people that “you are not alone.” A simple gathering for some DIY coffee in a positive virtual environment can stimulate a profound impact on one’s well-being.

One such innovative initiative was launched in May 2020 by the Canadian . . . [more]

Posted in: Practice of Law

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada