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Archive for ‘Thursday Thinkpiece’ Feature

Thursday Thinkpiece: Uniform Law Conference of Canada on Statutory Wills

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

STATUTORY WILLS FOR PERSONS WITHOUT TESTAMENTARY CAPACITY
Uniform Law Conference of Canada

The paper, excerpted here (pp. 1-3, 12-13) is a Background Discussion on Statutory Wills, as part of the ULCC’s Uniform Wills Act project. The material in the paper has been updated to May, 2012 by Debra Hathaway, with input from Jenna . . . [more]

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Thursday Thinkpiece: Jackman & Porter on Positive Charter Rights

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Rights-Based Strategies to Address Homelessness and Poverty in Canada: the Constitutional Framework
Martha Jackman and Bruce Porter
Social Rights Advocacy Centre Working Paper, November 2012

Excerpt: pp.67-72

G. Positive and Negative Rights

The obligation to implement effective poverty or homelessness strategies has not yet been directly addressed by the Canadian courts. However, as . . . [more]

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Thursday Thinkpiece: Tarantino on Defamation and the Public Figure

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Chasing Reputation: The Argument for Differential Treatment of “Public Figures” in Canadian Defamation Law
Bob Tarantino
(2010) 48 Osgoode Hall Law Journal 595

Excerpt: pp. 597-8; 628-30

(Footnotes omitted; they are available in the original, via the hyperlink above.)

A welcome development in some recent decisions is a movement away from describing the . . . [more]

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Thursday Thinkpiece: Geist on Fair Dealing and Fair Use

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Fairness Found: How Canada Quietly Shifted from Fair Dealing to Fair Use in The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, M. Geist Ed.
Michael Geist
Ottawa: University of Ottawa Press, 2013

(Footnotes omitted; they are available in the version via the hyperlink above.)

ii. . . . [more]

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Thursday Thinkpiece: Crowne on Judicial Plagiarism

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Judicial “Copying” does not affect Independence or Impartiality: Supreme Court of Canada 
Emir Crowne
(July 29, 2013). Journal of Intellectual Property Law & Practice (Oxford), Forthcoming

(Footnotes converted to endnotes and renumbered)

. . . . The Chief Justice, in particular, must have been aware of the copyright implications[1] of her reasons . . . [more]

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Thursday Thinkpiece: Facey & Brown on Antitrust Laws and Mergers

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competitor Collaborations
Brian A Facey, Cassandra Brown
Toronto: LexisNexis Canada, 2013

Excerpt from Chapter 1

Looking back at Canada’s experience with competition law provides only limited insights into its current application. Indeed, the history of Canadian competition law is littered with unsuccessful attempts . . . [more]

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Thursday Thinkpiece: Goudkamp on Contributory Negligence

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

“Rethinking Contributory Negligence,” in Tort Law: Challenging Orthodoxy, Stephen GA Pitel, Jason W Neyers and Erika Chamberlain Eds.
James Goudkamp
Oxford: Hart Publishing, 2013

Note: The book is based on papers that were presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. . . . [more]

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Thursday Thinkpiece: Hollis on Interpretation of International Law

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

The Existential Function of Interpretation in International Law
Duncan B. Hollis
SSRN: http://ssrn.com/abstract=2330642

(Footnotes omitted. They are available in the online version via the link above.)

Introduction

International law does not exist without interpretation. Consider the legality of using force to prevent further atrocities in Syria. Traditionally, international law precludes States from doing . . . [more]

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Thursday Thinkpiece: Pickett on Choice of Forum in Cross-Border Torts

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Cross-Border Torts: Canadian-US Litigation Strategies
Wyatt Pickett
Toronto: LexisNexis Canada, 2013

[Footnotes omitted.]

§3.1If I could reduce the message of this book to one simple axiom, it would be this: “If you can bring your client’s action in more than one jurisdiction, you should bring that action in the forum whose substantive . . . [more]

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Thursday Thinkpiece: Lee on Mistakes to Avoid in Your First Job at a Law Firm

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

The Marble and The Sculptor: From Law School To Law Practice
Keith Lee
Chicago: ABA, 2013

Five Basic Mistakes to Avoid in Your First Job at a Firm

1. Rule #1. Also referred to by seasoned attorneys and judges as “key witness Mr. Green.” Always make sure you get paid.

For someone at . . . [more]

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Thursday Thinkpiece: Kalajdzic, Cashman & Longmoore on Ethical Concerns About Third Party Funding of Class Actions

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Justice for Profit: A Comparative Analysis of Australian, Canadian and U.S. Third Party Litigation Funding
Jasminka Kalajdzic, Peter Kenneth Cashman and Alana M. Longmoore
American Journal of Comparative Law, Vol. 61, No. 2, 2013

III. Canada . . .
C. Ethical Concerns

As a result of Strathy J.’s decision in Dugal [2011 . . . [more]

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Thursday Thinkpiece: Newman on Devolution of Resource Jurisdiction

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Natural Resource Jurisdiction in Canada
Dwight Newman
Toronto: LexisNexis Canada, 2013

Excerpt from Chapter 4 Devolution of Jurisdiction to the Northern Territories

In various areas of natural resource jurisdiction, a problem that can exist is that case law developed in very different contexts — without any contemplation of the effects on natural resource . . . [more]

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