The Osgoode Society has announced the fall line up of new titles in its series of original writings on Canadian Legal History. This year the Society will publish two titles with the University of Toronto Press and one with the McGill Queens University Press.

Security and the Limits of Toleration in War and Peace: Canadian State Trials, Volume IV, 1914-1939, edited by Barry WrightEric Tucker and Susan Binnie, published by the University of Toronto Press.

This latest in the collection of State Trials series looks at the legal issues raised by the repression of dissent from the outset of . . . [more]

Rumors of the book’s death have clearly been exaggerated, and another lament is not needed. Still, I’m finding the books on my desk and shelves noticeably altered by the digital age of Kindles and iPads. My books have assumed a weight, for example, when I’m packing for trip, that I can’t recall them having had before. And sometimes when I turn the page, I have to pause over the extravagance of having had that page printed, assembled, bound, and shipped for me to read but once, perhaps adding a note to its luxuriant margin. Can it be that what remains . . . [more]

It is rarely that I read the opinions and perceptions of Gary Rodrigues and not almost entirely agree. This was very much the case with his article Legal Publishing and Market Research – Getting It Right, in which he succeeds in identifying “form over substance” motives in some publishers’ research and in so doing highlights something short of honesty behind much of it. It set me thinking about the extent to which, in more general terms, form over substance is a familiar feature of the actions, decisions and priorities of some of the legal and professional publishers. Whether or . . . [more]

A profession is a vocation founded on specialized educational training, the purpose of which is to supply objective counsel and service to others (1).

Today in North America a person can become a legal professional by graduating from an accredited law school.

What kind of educational training should be offered at a law school?

I submit that law students must become familiar with basic legal concepts by taking courses such as contracts, criminal law, constitutional law, property, torts, statutes, administrative law, evidence, practice, professional conduct, wills and trusts, company law, labour law, legal research, etc.

Legal encyclopedia list over 150 . . . [more]

I wrote this post in the middle of January. Some unlucky mishandling resulted in it being published just now. Part of my blog was trying to make good fun of colleagues in the industry who were getting close to releasing a product announced as imminent over a year ago. But their product was finally rolled out… before my post. I will have to remember this the next time I think about mocking colleagues.

What remains true is the cold over Montreal. At least that part of my post remains accurate. The picture attached shows how lucky we are in Quebec. . . . [more]

Answer – When it appears in the McGill Law Journal’s Canadian Guide to Uniform Legal Citation (the “McGill Guide”)

In the McGill Guide, a case citation to decision of a court or tribunal in an online database is described as “an online case identifier”. It does not qualify to be considered as a case citation like any other. This makes no sense.

What is a case citation anyway?

Simply stated, a case citation is a reference to a reliable source of the full text of the decision of a court or tribunal. In his Foreword to the McGill Guide John . . . [more]

The Bill and Melinda Gates Foundation has demonstrated the power of philanthropy to reshape the world. Among the many instances, an earlier one touching my own area of work, which involves research on public access to research and scholarship, has been the PLOS Neglected Tropical Diseases, which “is the first open-access journal devoted to the world’s most neglected tropical diseases (NTDs) …affecting the world’s forgotten people,” as the journal describes itself. The launch of the journal was funded by the Gates Foundation. The pointedness of its stance matters. The Foundation enabled a new and open journal that changes the . . . [more]

Early in my career, when I was a freshly hatched legal editor, I pored over the Canadian Guide to Uniform Legal Citation (the McGill Guide). It answered many of my questions about the finer points of legal citation: the meaning of square or round brackets; which words should be italicized; the correct order of parallel cites; and so on. I’m pretty sure I was using the first or second edition (we’re talking about 1988 and 1989). The Guide was tremendously helpful to me; although the rules were somewhat complex, they were clearly spelled out and easy to follow. On reflection, . . . [more]

I wonder if many others, like me, find almost all those uplifting messages posted and spread on social and business media sites, intensely nauseating? Mostly they instruct, or rather order us to have some kind of simplistic emotional feeling surrounding “do something awesome”, “life is like a (any noun will do)”, “17 things that mentally strong people do” or, maybe even more shallow, the command that we “keep calm” followed by something really tedious. However, I could probably live with “keep calm and stop getting childishly over-excited about next to . . . [more]

How many times have you signed long documents which are required to complete a transaction and you did not read the terms. Such as, opening a bank account or signing loan documents. Reading and understanding such long documents is difficult and not feasible in many consumer transactions. Or while using a computer, have you recently clicked on “accepted” or “agree” in an internet transaction, again without reading the several pages of terms.

When you sign documents without reading the terms, can the terms be relied upon by a seller or provider to overcome deception or dishonesty by the seller or . . . [more]

After a year of sabbatical concentration and isolation spent working on a pre-history of intellectual property, it’s good to be back blogging on the here and now at Slaw. The book I finished (with a draft online) still needs work in its tracing of the intellectual properties of learning from Saint Jerome to John Locke. I’ll give it a blog or two later, point, but I’m keen to get back to what currently tickles and troubles learned publishing.

Certainly, the previous academic year has seen gains, if not tipping points, in favor of open access as the model and . . . [more]

A friend of mine is concerned that the existence today of excessive executive compensation is leading to the accumulation of disproportionate wealth and economic and political power in the hands of a few.

No one doubts that individuals try to better their condition.

Business leaders such as Warren Buffett and Charlie Munger of Berkshire Hathaway are critical of excessive executive compensation.

Munger states that Berkshire Hathaway, a large holding company, owns many companies with boards of directors. Munger says that Berkshire Hathaway does not pay directors fees to non-executive board members of its subsidiaries. Munger said that if you start . . . [more]