The Canadian Research Institute for Law and the Family has just released a new research report, An International Review of Early Neutral Evaluation Programs and Their Use in Family Law Disputes in Alberta, which includes a literature review of early neutral evaluation programs in Manitoba, Australia, New Zealand, Malaysia, Singapore, the United Kingdom and the United States, and makes recommendations about the implementation of such a program in Alberta. The findings from the literature review are very positive and are likely applicable throughout Canada.

Generally speaking, early neutral evaluation programs are court-based programs that require the parties to a . . . [more]

If you’re at all interested in legal technology, you’ve probably grown tired of the recent influx of fear-mongering articles about “robot lawyers” that are going to put legal professionals out of a job. This sub-genre of legal tech reporting features a lot of buzzwords. There’s “machine learning”, “NLP (natural language processing)”, “AI (artificial intelligence)”, and “predictive analytics”, to name just a few. Regrettably, a lot of these articles discuss legal technologies only in very vague terms, or sometimes don’t bother with definitions at all. And it’s very difficult to have a nuanced conversation about legal tech when it seems like . . . [more]

Unlocking Intellectual Property

Last May, Vancouver Foundation, Canada’s largest community foundation, announced it would develop and adopt an open licensing policy. This is a big deal for an organization that spends over $50 million yearly on its grantees and programs. The right policy could amplify the impact of the Foundation’s spending, and create knock-on benefits shared by other groups working for good causes. On the flip side, a flawed one could dilute the incentives (real or perceived) for grantees expected to share success, credit and perhaps even intellectual property with unknown others.

Meanwhile, Clicklaw Wikibooks, a project I . . . [more]

From time to time governments make law by referring to non-governmental rules. These are often technical matters on which standards are developed by outside experts. For example, a regulation might require manufacturers to comply with a safety standard of the Canadian General Standards Board or the International Standards Organization.

When this happens, should the government have to ensure that the outside standards be accessible to those affected by them? Many standards bodies finance their operation at least in part through the sale of their standards. In other words, access to the text of the standards is not free. Is that . . . [more]

Politico published a story today on Mrs. Trump’s immigration history: “Gaps in Melania Trump’s Immigration Story Raise Questions.” The issue stems from Mrs. Trump’s status if/when she worked in the US during 1995 & 1996. It seems that she may have been working without authorization, a violation of immigration law (in Canada and the US), which would constitute “visa fraud” (in Canada, “misrepresentation”) and lead to an investigation. I am guessing that Mr. Trump is consulting his lawyers to see if Mrs. Trump’s US citizenship is at risk. It may be.

In her own words, Mrs. Trump described how she . . . [more]

I was delighted to see the announcement that Catherine Best’s fantastic work at legalresearch.org will continue on under an excellent editorial board after her retirement. Catherine generously donated the site to CanLII and the site has been renamed The Canadian Legal Research and Writing Guide.

What a fabulous legacy.

The Best Guide is one of those resources that act as a starting point for fresh legal researchers, a reminder for the occasional researcher, and a review for the experienced. It is a frequently referred to resource in student training programs, including the Edmonton Law Libraries Association HeadStart program, which, . . . [more]

Last fall, Leader of the Bar and former Chief Justice of Quebec, Mtre Michel Robert, gave a lecture on the language of judgments. His remarks were reported in the February 2016 edition of the Journal du Barreau. Upset about the lack of visibility of Quebec case law outside this province, Mtre Robert claimed that the reputations of the Quebec Court of Appeal and Superior Court suffer disastrously because their judgments are not translated.

I think these remarks deserve a closer look, one that takes into account the joint effort of the Quebec judiciary and SOQUIJ to promote Quebec case . . . [more]

The Law Library of Congress in Washington, D.C. published a report a little while ago about Miranda Warning Equivalents in more than 100 countries around the world, including Canada.

In the United States, so-called Miranda rights are named after the US Supreme Court decision of Miranda v. Arizona, 384 US 436 (1966) that determined that a person detained by law enforcement and interrogated must be made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if they can’t afford one. . . . [more]

It’s summer vacation season, and worth a reminder about some common business IP scams to watch out for. Staff covering for vacations and unfamiliar with these may be more vulnerable to them. While there are lots of scams out there, these three are the ones I get asked about most by clients.

The trademark registration scam. Scammers monitor the trademark application process, and send an invoice to the trademark applicant that looks like it is part of the trademark application process. If you read it very carefully it says it isn’t an invoice, and it is a pitch for a . . . [more]

LégisQuébec, the website that contains official versions of Quebec laws and regulations, this week went totally free.

The site which offers access to current and former versions of Québec statutes and regulations used to require a subscription for many of its more advanced features.

The revised site has documents in HTML, PDF or EPUB formats.

The material includes the consolidated statutes and regulations for Quebec, historic versions of legislation and regulations, the Table of Amendments to Statutes and the Table of Amendments to Regulations. Information on what period is covered by the historical versions is available in the FAQ . . . [more]

On June 6, 2016, the Ontario government announced that changes to the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act (AODA) will come into force on July 1, 2016, and apply to all organizations providing goods, services or facilities in the province. . . . [more]

In John Willinsky’s, Scholarly Publishing Has Its Napster Moment, it’s clear that unlimited “napster”-like copying was a challenge to academic publishing, and notably to some of the large academic publishing houses that dominate legal publishing.

The situations are similar, and worldwide legal publishing seems just as concentrated, as noted by Gary Rodrigues. It’s not, however, clear if the risks are the same in the legal-publishing world, or if they apply to (law-)books.

The Common Bits

Legal publishing starts out very similarly to academic publishing, with an author who is paid for the work he does, but not for . . . [more]