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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]

Posted in: Thursday Thinkpiece

Full Federal Hansard Now Online

Some exciting news today for fellow Hansard geeks:

https://twitter.com/LoPInformation/status/403177276843757568

The full digitized historical federal Hansard, Senate and House of Commons, is now available online, browsable and searchable. Canadiana.org’s Historical Debates of the Parliament of Canada portal was launched today: http://parl.canadiana.ca/

The project has been in development for some time. It complements the content that has been available on parl.gc.ca (House: 1994 onward; Senate: 1996 onward), to create a full collection of digital federal Hansard.

https://twitter.com/LoPInformation/status/402900381400719360

Full details about the portal and the search functions are here: http://parl.canadiana.ca/support/about. . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Legislation

Global Entrepreneurship Week

The Canadian Mentorship Challenge is on this week as part of Global Entrepreneurship week. The challenge is for local organizations to mentor 10,000 entrepreneurs this week.

Here in London I spent some time yesterday at Hacker Studios talking to some people with budding business ideas. In addition to legal mentoring, advice is available on topics including accounting, sales, business planning, marketing, and human resources.

There are several groups in London that support an entrepreneur culture. What do other communities do?

A portion of my practice deals with startups and small business in the tech sector. To be frank, some . . . [more]

Posted in: Miscellaneous

What Legal Consumers Want

Legal Futures this week posted on the results of the third annual survey of what clients want from their legal service provider, conducted by legal technology service provider Peppermint Technology in the United Kingdom.

The post included two points that caught my eye. First, the survey found that clients are concerned about whether their legal advisor is able to provide online accessibility:

“There is now a significant body of businesspeople for whom online access has become a necessity of their working life,” the report said. “If their legal advisers are not perceived to be up to speed with this development,

. . . [more]
Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

Google Scholar Launches “Library” Feature

Yesterday Google Scholar Blog announced the launch of Google Scholar Library, a feature that allows a user to:

. . . save articles right from the search page, organize them by topic, and use the power of Scholar’s full-text search to quickly find just the one you want – at any time and from anywhere . . .

You’re able to use “labels” to organize the material you’ve saved to your library.

A user must log in to Google and via this link activate the Library feature.

This is clearly of potential benefit to the profession, because Scholar’s database includes . . . [more]

Posted in: Announcements, Legal Information: Libraries & Research

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed on CanLII and we give you a small sense of what the cases are about.

For this last week:

  1. Hamilton-Wentworth District School Board 2013 HRTO 440

    [2] In a prior decision, 2012 HRTO 350 (CanLII), 2012 HRTO 350 (“decision on liability”), I found that the respondent discriminated against the applicant because of disability contrary to ss. 5 and 9 of the Code, by failing to accommodate the applicant’s disability-related needs from April 2003 and then by terminating her employment on July 9,

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Homebrewing Laws Worldwide

 [I]l est l’heure de s’enivrer! Pour n’être pas les esclaves martyrisés du temps, enivrez-vous sans cesse! – Charles Baudelaire

[T]his is a case about beer and a case of beer is a serious matter.San Miguel Brewing International Limited v. Molson Canada 2005, 2013 FC 156, Phelan J, February 14, 2013.

People are really serious about their beer. In ancient days, you were flogged in the public square if you sold bad-tasting beer. Bad beer was considered to be “a fraud and a hazard to health”. In Germany in the 15th & 16th centuries, those . . . [more]

Posted in: Legal Information

Citation to the Courts

Legal citation to the courts for the past few years has, in some jurisdictions, been different than legal citation in academic works. Here in Alberta, on November 12, 2013 there was a Notice to the Profession from the Court of Queen’s Bench adopting the 7th edition of the Canadian Guide to Uniform Legal Citation (Toronto: Carswell, 2010). There is a lovely example of a law library’s description of the Guide (aka the McGill Guide) from the Lederman Law Library (Queen’s U).

Bob’s column this month references the incongruity of law students being responsible for editorial oversight of law reviews, I . . . [more]

Posted in: Legal Information

Can You Trademark a Colour?

This past summer, the Federal Court considered whether Imperial Tobacco could register as a trademark “the colour orange” on its packaging, under the Trade-marks Act. Imperial Tobacco’s application was contested by JTI MacDonald on the grounds that, inter alia, the colour claimed was not sufficiently specific and that the design claimed was not distinctive. The Imperial Tobacco case is just one of many recent instances in which companies have sought to protect a colour within an unclear legislative framework with regard to protecting colour as a distinctive mark. The Court dismissed JTI’s appeal and sided with Imperial Tobacco, . . . [more]

Posted in: Miscellaneous

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice.

Technology

Two Simple Rules for Avoiding the Dangers of Email Attachments
Dan Pinnington

While email attachments are frequently used to share documents between lawyers, law firm staff, and clients, they are also one of the most common delivery mechanisms for malware. While most . . .

Research

Contact Us
Shaunna Mireau

Through opportunities presented by the Canadian Association of Law Libraries and through my firm, I was able to attend . . . [more]

Posted in: Tips Tuesday

Should Law Firms Accept Guest Blog Posts?

If your law firm maintains a blog, or if you blog personally, there’s a reasonably good chance that you’ve received one of these emails:

Hi Steve!

My name is Joe Schmo and I am a writer at somewebsite.com, a relatively new social media agency.

I was just wondering if you would be interested in us contributing a guest post for your site?

We’ve done many before, and can provide examples of published work if desired. Looking forward to hearing from you! :)

Joe

My advice? Don’t do it. Don’t publish guest post content on firm-owned blogs, and don’t let marketing . . . [more]

Posted in: Legal Marketing

Dreamforce 2013: The Shape of Legal Conferences to Come?

This week I’m attending my first Dreamforce conference, the annual Salesforce.com “user conference.”

I put user conference in quotes because, although that’s where Dreamforce started, over the years it has evolved into something much, much larger. There are nearly 100,000 attendees and over 1,000 sessions covering topics ranging from starting up a new company to collaboration to meditation. Keynote speakers include Marissa Meyer from Yahoo and Sheryl Sandberg from Facebook. Green Day and Blondie are playing a concert for attendees. The breadth and depth of the topics is simply mind-boggling.

The vibe and energy at the conference is amazing. . . . [more]

Posted in: Technology, Technology: Internet, Technology: Office Technology

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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