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.

Solicitor-Client Privilege for Ethics Counsel: Lessons for Canada from the United States
Stephen G.A. Pitel and Jordan McKie
(2013) 91 Canadian Bar Review 313

(Footnotes omitted; they are available in the original, via the CBR link, and in the pre-publication version via the main hyperlink above.)

(c) Privilege and Ethics Counsel

While there . . . [more]

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Women Workers: Is Equality Enough?
Judy Fudge
feminists@law, Vol 2, No 2 (2013)

This work is licensed under a Creative Commons Attribution 3.0 License.

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

. . . After the crisis of World War II, in most democratic capitalist countries . . . [more]

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REPORT AND RECOMMENDATIONS AMERICAN BAR ASSOCIATION TASK FORCE ON THE FUTURE OF LEGAL EDUCATION
ABA Task Force on the Future of Legal Education, January 2014

Excerpt: pp. 22-28

VII. THEMES ADDRESSED TO ALL PARTIES

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.

ARBITRATION ACT: STAY AND APPEAL ISSUES, FINAL REPORT
Alberta Law Reform Institute
ISBN 978-1-896078-58-8

Excerpt pp. 40-43, 43-45

2. WHEN SHOULD COURT APPEALS BE POSSIBLE?

[124] The decision whether to allow appellate access to the courts has always been a balancing act between competing policy considerations. What are the most prevalent, although sometimes . . . [more]

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.

Visualizing the law: Crisis mapping as an open tool for legal practice
Marta Poblet
Journal of Open Access to Law Vol 1, No 1 (2013)

(This work is licensed under a Creative Commons Attribution 3.0 License. This work, as excerpted, has not been altered.)

Excerpt pp. 3-6

2. Maps as Interfaces: Visualizing . . . [more]

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Learning Professionalism in Practice
Shelley Kierstead & Erika Abner
(2013) Osgoode CLPE Research Paper No. 59/203

Excerpt: pp. 35-38

The Hidden Curriculum in Law Firms

In addition to examining the stated curriculum and the interpersonal curriculum in the workplace, available studies also describe components of the hidden curriculum in law firms.

Policy Development . . . [more]

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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]

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]

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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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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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]

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]