New Journals available on HeinOnline

Eighteen new journals have been added to HeinOnline available online to all members behind the portal.

Fifteen are new Criminal Justice journals from SAGE Publications, which will be part of HeinOnline’s revamped Criminal Justice & Criminology collection.

The newly added journals are:

Check here for the HeinOnline Blog for summaries of all these titles, as well as their tip of the month and a feature on their Law Journal Library LibGuide.

Journals update

New issues of the following journals are now available through WestlawNext Canada. If you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

Journal of Environmental Law and Practice Vol. 33

  • Climate Litigation and the Class Action Mechanism–The Potential Role of the UN Sustainable Development Goals, by Rudiger Tscherning,
  • Breaking Ranks (and Precedent): Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74, by Martin Olszynski , Nigel Bankes , Andrew Leach
  • Business as Usual?: The Limited Influence of Climate Change Disclosure and Fiduciary Duties on the Low-Carbon Investment Practices of Canada’s Big 10 Public Pension Funds, by Brandon D. Stewart

Education and Law Journal Vol. 29

  • Big Data, Privacy, and Education Applications, by Priscilla M. Regan, Jane Bailey
  • Interest Arbitration at the Central Table in the Education Sector, by Kristen Allen
  • Violence in Alberta’s Urban Schools: The Perspectives of School Resource Officers, by G. Abela, J.K. Donlevy
  • Rethinking McKinney: To What Extent Should Universities Be Charter-Free Zones?, by Kenneth Wm. Thornicroft
  • The Minister Must “Opt Out”: Ontario Lacks Authority to Make Ancillary Fees Optional at Colleges and Universities, by Emily Lewsen
  • Public Universities, Speech Policies, and the Law: Fourteen Maxims, by Bruce Pardy
  • Accommodating the Commute and the Bumps Along the Way Consequences of Silence: Arbitrator Finds Just Cause to Discipline Teacher for Declining to Answer School Board’s Investigation Questions, by Alec Stromdahl

Canadian Journal of Law and Society Vol. 35

  • Racialized, Gendered, and Sensationalized: An Examination of Canadian Anti-Trafficking Laws, Their Enforcement, and Their (Re)presentation, by Hayli Millar, Tamara O’Doherty,
  • Sites of Resistance: LGBTQI+ Experiences at Trinity Western University, by Heather Shipley
  • Play-by-Play Justice: Tweeting Criminal Trials in the Digital Age, by Tamara A. Small , Kate Puddister
  • Constitutional Law and Abortion in Saskatchewan: The Freedom of Informed Choice (Abortions) Act, by Sarah Burningham
  • La Relation Entre le Judiciaire et les Victimes Dans le Contexte de la Détermination de la Peine au Canada: Un Enjeu Pour L’Évolution Du Droit Criminel, by Sébastien Labonté
  • Récits de Justice et Office du Juge en Chine, by Hélène Piquet
  • Book Reviews:
    • Kent Roach, Canadian Justice, Indigenous Injustice: The Gerald Stanley and Colten Boushie Case. Montreal & Kingston: McGill-Queen’s University Press, 2019. 307 Pp., by Benjamin L. Berger,
    • Dan Kaminski et Philippe Mary (Dir.), La Société des Captifs. Une Étude D’Une Prison de Sécurité Maximale. Bruxelles: Larcier, 2019, 334 P., Traduction Augmentée de Gresham M. Sykes, The Society of Captives. A Study of a Maximum Security Prison. Princeton: Princeton University Press, 1958, by Sophie De Saussure

McGill Law Journal Vol. 64

  • Who’s Afraid of the Lucky Moose? Canada’s Dangerous Self-Defence Innovation, by Noah Weisbord
  • Judicial Audiences: A Case Study of Justice David Watt’s Literary Judgments, by Elaine Craig
  • Property Law and Collective Self-Government, by Malcolm Lavoie
  • Le Droit à L’Égalité et L’Accès Aux Professions Réglementées: Bilan Contrasté de la Jurisprudence Canadienne, by Frédérick Doucet, Geneviève St-Laurent
  • Book Review:
    • Familles, Inégalités et Droit Dans un Espace Mondialisé, Recension Critique de Daphna Hacker, Legalized Families in the Era of Globalization (Cambridge, UK: Cambridge University Press, 2017),Pp 386. ISBN 9781316535004, by Ivana Isailović

Canadian Journal of Law and Technology Vol. 18

  • Can PIPEDA ‘Face’ the Challenge? An Analysis of the Adequacy of Canada’s Private Sector Privacy Legislation Against Facial Recognition Technology, by Tunca Bolca
  • Developing Privacy Best Practices for Direct-to-Public Legal Apps: Observations and Lessons Learned, by Teresa Scassa, Amy Salyzyn, Jena McGill, Suzanne Bouclin
  • Reflections on the Influence of Social Media on Judging, by Peter D. Lauwers
  • Searches of the Person: A New Approach to Electronic Device Searches at Canadian Customs, by Justin Doll
  • Case Comment: British Columbia (Attorney General) v. Brecknell, by David TS Fraser
  • A Better Act, More Bad Behaviour Online: Nova Scotia’s New Intimate Images and Cyber-Protection Act Goes to Court, by Jennifer Taylor
  • Book reviews:
    • The Long Journey to Software Valuation: Risks and Rewards Ahead By Dwight Olson (San Diego: Truman Enamels, 2020), Softcover, 198 Pages, ISBN: 978-1-7344129-0-1. Available at Amazon.com, by Duncan C. Card

Journal of Parliamentary and Political Law Vol. 13

  • Reflections on Canadian Electioneering, by Gregory Tardi
  • A Novel and Necessary Remedy, by Gregory Tardi
  • Enhancing Canada’s Democracy without Electoral Reform, by Connor Macorin
  • Including Emerging Litigation Comprenant les Litiges en Voie de Développement, by Gregory Tardi, DJur.
  • The Ultimate Dilemma of Democracy, Gregory Tardi
  • Book Reviews:
    • Review of: Vernon Bogdanor Beyond Brexit: Towards a British Constitution (2019 I.B. Tauris, London), by Steven Chaplin
    • Review of: Patrick Malcolmson, Richard Myers, Gerald Baier, and Thomas M.J. Bateman the Canadian Regime: An Introduction to Parliamentary Government in Canada 6th Edition (Toronto: University of Toronto Press, 2016), by Nancy McCormack

These newly updated journals are also available with open access on CanLII.org.

McGill Journal of Law and Health Vol. 14

  • End-of-Life Care for Federally Incarcerated Individuals in Canada, by Adelina Iftene and Jocelyn Downie

Asper Review of International Business and Trade Law Vol. 19

  • Liberalizing the Investment Canada Act: Striking the Right Balance between Investment and Economic Security, by Trevor Neiman
  • How WTO Jurisprudence Can Help Resolve Interpretive Uncertainties Generated by Canada’s Domestic Free Trade Agreements, Ryan Manucha
  • Long Live the Delaware Supreme Court Decisions in Smith v Van Gorkom, Auerbach v Bennett, and Zapata v Maldonaldo!: Whether the Business Judgment Rule Should Apply in Nigeria, by Olumide Obayemi
  • Business-to-Business Electronic Communication in Canada: Reforming Canada’s Anti-Spam Legislation, by Maryia Kuzura
  • The Applicability of the Personal Information Protection and Electronic Documents Act to De-Indexing Internet Search Engine Results, by Jessica Pushka
  • Analysis of Global Regulatory Schemes on Chance-Based Microtransactions, by Anthony Wen-Tsun Wong
  • Unravelling Smart Contracts: Smart Contracts and the Law of Rescission in Canada, by Andrew Luesley
  • A Role for ECOWAS in Addressing the Challenges of Ineffective Regulation of Transnational Oil Corporations in Nigeria, by Rahina Zarma
  • RegTech and SupTech for Robo-Advisers: Alternative Regulatory Methods for Enhancing Compliance, by Ihsan Ibrahim Daldaban
  • The Hate Speech Debate: The Supreme Court, the Federal Government, and the Need for Civil Hate Speech Provisions,by Lauren E Scharfstein

Saskatchewan Law Review Vol. 83

  • The Non-Abdication Rule in Canadian Constitutional Law, by Felix Hoehn
  • The Duty to Negotiate and the Ethos of Reconciliation, by Mark Mancini
  • Book reviews:
    • High Time: The Legalization and Regulation of Cannabis in Canada Edited by Andrew Potter and Daniel Weinstock. Montreal: McGill-Queen’s University Press 2019. 234 Pp., $22.95 Pb., by Owen Pennock
    • Flawed Precedent: The St. Catherine’s Case and Aboriginal Title by Kent McNeil. Vancouver: UBC Press, 2019. 334 Pp., $27.95 Pb., by Kylee Wilyman
    • Privacy in Peril: Hunter v Southam and the Drift from Reasonable Search Protections by Richard Jochelson & David Ireland. Vancouver: UBC Press, 2019.244 Pp., $27.95 Pb., by Evan Best
    • Renewing Relationships: Indigenous Peoples and Canada Edited by Karen Drake & Brenda L. Gunn. Saskatoon: Wiyasiwewin Mikiwahp Native Law Centre, 2019. 386 Pp., $65.00 Pb., by Travis W. Smith
    • Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women by Elspeth Kaiser-Derrick. Winnipeg: University of Manitoba Press, 2019. 406 Pp., $34.95 Pb., by Danielle Nichols
    • Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries by Adelina Iftene. Toronto: University of Toronto Press, 2019. 245 Pp., $24.71 Pb., by Miranda Wardman
    • Criminal Trials and Mental Disorders by Thomas L. Hafemeister. New York: New York University Press, 2019. 384 Pp., US$35.00 Pb., by Everhett Zoerb
    • The Jury Crisis: What’s Wrong with Jury Trials and How We Can Save Them by Drury R. Sherrod. Maryland: Rowman & Littlefield, 2019. 170 Pp., $34.00 Hc., by Kennedy Morrow

Contents Update: Estates Trusts & Pensions Journal

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

The current issue, Volume 39 Number 3, May 2020 includes:

From the Law Reports

  • The impact of the Act Respecting the Transfer of Securities and the Establishment of Security Entitlements in Determining the Validity of a Gift under Quebec Law: A Case Comment on Labis v. Labis, by Sharon G. Drucker

From the Legislatures

  • TOSI in the Realm of Trusts and Estates, by Trista Gallant

Articles

  • To Give or Not to Give? An Examination of Bequests in Lieu of Executor’s Compensation, by Jessica Feldman Chittley
  • Estates and Family Law Intersect: Separation from an Incapable Spouse, by Lorisa Stein and Marni M. K. Whitaker
  • Legal Issues Associated with Informal Public Appeals and Crowdfunding, by Johanna C.C. Caithness

If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide them, subject to copyright regulations.

Latest Law Journal Issues

New issues of the following journals are now available through WestlawNext Canada. If you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

Journal of the Canadian College of Construction Lawyers 2020

  • Black Spot or Big Chill: Consequences of J. Cote v. Burnaby
  • How Ontario’s Limitations Act Preserves Construction Project Claims
  • Municipal Power to Discriminate: The Impact of Shell Canada Products v. Vancouver (City) on Public Procurement
  • One Person, Two Hats–The Dilemma of the Design Professional
  • Consolidation of Adjudications under Ontario’s New Construction Act (The “Act”)
  • Canadian Construction Law Reform: A Survey of Recent Developments in Builders Liens, Prompt Payment, Interim Adjudication and Mandatory Construction Bonding

Canadian Family Law Quarterly 2020 Volume 39

  • The Cost of Shared Parenting: An Analysis of Section 9 from 2016 to 2017
  • Bill C-78: The 2020 Reforms to the Parenting Provisions of Canada’s Divorce Act
  • Virtual Parent-Child Contact Post-Separation: Hearing from Multiple Perspectives on the Risks and Rewards
  • Case Comment: Undermining Children’s Rights in A.M. v. C.H.

Criminal Law Quarterly 2020 Volume 86 no. 1

  • Good Judgment: Three Case Studies
  • Compassionate Adjudication
  • Why a New Approach to Privacy Rights and Section 8 of the Chapter Is Required in the Cyber Age and What It Could Look Like
  • Taking the Cryptic out of Cryptocurrency Investigations
  • The Knowledge and Beliefs of Jurors and Non-Jurors Concerning the Fallibility of Memory: Is this Information Common Knowledge?

Saskatchewan Law Review Volume 82 (Also available on CanLII.org)

  • Diefenbaker’s Bill of Rights and the “Counter-Majoritarian Difficulty”: The Notwithstanding Clause and Fundamental Justice as Touchstones for the Charter Debate
  • Climate Change, Constitutions, and Courts: The Reference Re Greenhouse Gas Pollution Pricing Act and Beyond
  • Federalism, Subsidiarity, and Carbon Taxes
  • Federalism and Farm Debt During the Great Depression: Political Impetuses for The Farmers’ Creditors Arrangement Act, 1934
  • Book reviews of:
    • Enforcing Exclusions: Precarious Migrants and the Law in Canada by Sarah Grayce Marsden.
    • A Conviction in Question: The First Trial at the International Criminal Court by Jim Freedman.
    • Health Care and the Charter: Legal Mobilization and Policy Change in Canada by Christopher P. Manfredi and Antonia Maioni.
    • The Charter Debates: The Special Joint Committee on the Constitution, 1980-81, and the Making of the Canadian Charter of Rights and Freedoms edited by Adam M. Dodek.
    • Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession by Elaine Craig.
    • Who Controls the Hunt? First Nations, Treaty Rights and Wildlife Conservation in Ontario, 1783-1939 by David Calverley.
    • First Peoples Law: Essays on Canadian Law and Decolonization by Bruce McIvor, 3d ed.
    • Drug-Impaired Driving in Canada by Nathan Baker.
    • Victimology: A Canadian Perspective by Jo-Anne M. Wemmers.
    • Assisted Reproduction Policy in Canada: Framing, Federalism, and Failure by Dave Snow.

Windsor Yearbook of Access to Justice Volume 36 (Also available on CanLII.org)

  • Introduction – Corporate Social Responsibility Viewed Recently
  • Green Illusions: Governing CSR Aesthetics
  • Dominium and the Empire of Laws
  • The Impact of Whistleblowing Awards Programs on Corporate Governance
  • The Global Social Enterprise Lawmaking Phenomenon: State Initiatives on Purpose, Capital, and Taxation

Journal Updates

New issues of the following journals are now available through WestlawNext Canada and Lexis Advance Quicklaw.
For members of the Law Society of Manitoba, if you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

From WestlawNext Canada:

Journal of Environmental Law and Practice, Vol. 33

  • Bill 4 and the Removal of Cap and Trade: A Case Study of Carbon Pricing, Climate Change Law and Public Participation in Ontario, Canada
  • Heidegger on Technology: Towards a Less-Anthropocentric, Multi-Disciplinary Legal Definition of “Sustainable”?
  • An Initial Evaluation of Canada’s New Sustainability-Based Impact Assessment Act

University of Toronto Law Journal, Vol. 70

  • Irit Samet, Equity: Conscience Goes to Market
  • The Patriation of Canadian Corporate Law
  • Institutions Protecting Constitutional Democracy: Some Conceptual and Methodological Preliminaries
  • Criminal Law in an Age of Mass Incarceration
  • Criminalization, Legal Moralism, and Abolition
  • Marriage, Work, and the Invention of Family Law in English Legal Thought

McGill Journal of Law and Health, Vol. 13

  • Physician Dismissal of Vaccine Refusers: A Legal and Ethical Analysis
  • Surgical Informed Consent and Recognizing a Perioperative Duty to Disclose in Transgender Health Care
  • Could Open Be the Yellow Brick Road to Innovation in Genomics in North America?
  • Le Parcours Judiciaire Des Victimes D’Insalubrité (Le Cas De La Moisissure)

University of Toronto Faculty of Law Review, Vol. 78

  • The Circumstances of Change: Understanding the Bedford/Carter Exceptions to Vertical Stare Decisis
  • Rumours of Corruption: Referrals from the World Bank Sanctions System to National Law Enforcement Authorities
  • Fixing the Odds: Designing Intelligent Loot Box Policy in the Canadian Context

 National Journal of Constitutional Law, Vol. 40

  • Telling Stories: The Crown, Parliament and Canada
  • Flexible and Cooperative Federalism: Distinguishing the Two Approaches in the Interpretation and Application of the Division of Powers
  • R. v. Comeau: Expert Evidence at Trial
  • Ontario’s Human Rights Tribunal Bungles the School Boards’ Human Rights Duty to Accommodate Students with Disabilities–J.F. v. Waterloo Catholic District School Board—An Erroneous Rejection of a Student’s Request to Bring His Autism Service Dog to School

Canadian Criminal Law Review, Vol. 25

  • The Shifting Focus of Canadian Impaired Driving Enforcement: The Increased Role of Provincialand Territorial Administrative Sanctions
  • At the Mercy of the Court: Canadian Sentencing Principles and the Concept of Mercy
  • Objective Fault, Strict Liability, and Javanmardi
  • R. c. Javanmardi ou la Simplicité Trompeuse

From Lexis Advance QuickLaw

Canadian Bar Review, Vol. 97 (also available on CanLII)

  • Shopkeeper’s Privilege: Coming to a Store Near You?, (2019) 97 Can Bar Rev 559 – 589
  • Predictive Coding: Adopting and Adapting Artificial Intelligence in Civil Litigation, (2019) 97 Can Bar Rev 486 – 525
  • A Trojan Horse: Can Indian Self-Government be Promoted Through the Indian Act?, (2019) 97 Can Bar Rev 697 – 720
  • Reconciliation and Ethical Lawyering: Some Thoughts on Cultural Competence, (2019) 97 Can Bar Rev 527 – 557