New Journal Issues Update

The latest articles are now available from this month’s legal journal updates. PDF copies of these articles are available by request at library@lawsociety.mb.ca.

Estates Trusts & Pensions Journal
Volume 40 Number 4, August 2021

  • Conflicts when Acting as Trustee and Lawyer 40 Est. Tr. & Pensions J. 347 C. David Freedman
  • Why Estate Planning Matters for the LGBTQ+ Community 40 Est. Tr. & Pensions J. 356 Darren G. Lund, Brittany Sud
  • Is There a Limit to the AG’s Parens Patriae Jurisdiction over Charities? 40 Est. Tr. & Pensions J. 377 Joel Nitikman

Canadian Journal of Administrative Law and Practice
Volume 34

  • Abrametz v. Law Society of Saskatchewan, 2020 SKCA 81 34 Can. J. Admin. L. & Prac. 313 Morgana Kellythorne

“While still purporting to apply the Blencoe framework, the Court of Appeal in Abrametz took a broader and more interventionist approach to delay in administrative proceedings, clearly inspired by Jordan. Indeed, the Abrametz approach would extend greater protection from delay to litigants in administrative proceedings than to those in criminal proceedings.”

  • Wildlife Management, Privative Clauses, Standards of Review, and Inuit Qaujimajatuqangit: The Dimensions of Judicial Review in Nunavut 34 Can. J. Admin. L. & Prac. 265 Daniel W. Dylan
  • Is the Civil Resolution Tribunal Headed for a Crash–How Will the BCCA Apply the Article 35 Reference to Trial Lawyers 2021? 34 Can. J. Admin. L. & Prac. 231 Josh Hunter
  • Book Review Rules for a Flat World by Gillian K. Hadfield, Oxford University Press, Paperback Edition, 2020 34 Can. J. Admin. L. & Prac. 323 Voy Stelmaszynski

Canadian Journal of Law and Jurisprudence
Volume 34

  • Radbruch’s Formula Revisited: The Lex Injusta Non Est Lex Maxim in Constitutional Democracies 34 Can. J.L. & Juris. 461 Seow Hon Tan
  • Why Is Aboriginal Title Property If It Looks Like Sovereignty? 34 Can. J.L. & Juris. 417 Douglas Sanderson (Amo Binashii) , Amitpal C. Singh
  • The Question to Be Faced Is One of Fact: H.L.A. Hart’s Legal Theory through His View of
    International Law
    34 Can. J.L. & Juris. 283 Giovanni Bisogni
  • Making What Present Again? A Critique of Argumentative Judicial Representation 34 Can. J.L. & Juris. 259 Donald Bello Hutt
  • Arbitrariness as Discrimination 34 Can. J.L. & Juris. 391 Meital Pinto
  • Beyond Reasonableness: The Dignitarian Structure of Human and Constitutional Rights 34 Can. J.L. & Juris. 341 Kai Möller

“The last two decades have witnessed a wide-ranging and global discussion of the theory and structure of human and constitutional rights. This debate initially focused on the principle of proportionality and subsequently on the related ideas of the ‘culture of justification’ and the ‘right to justification.’ There is now a far-reaching agreement that both proportionality and justification in human and constitutional rights law are concerned with the reasonableness, alternatively the justification in terms of public reason, of the act under consideration. Thus, reasonableness and/or public reason have assumed a, perhaps the, central place in the theory of human and constitutional rights. This article challenges this picture as incomplete and unbalanced.”

  • The Coxford Lecture Corrective Justice and Reparations for Black Slavery 34 Can. J.L. & Juris. 329 Adrienne D. Davis
  • Recognizing One More Wrong 34 Can. J.L. & Juris. 493 Allan Beever
  • When Contract’s Basic Assumptions Fail 34 Can. J.L. & Juris. 297 Hanoch Dagan , Ohad Somech
  • Justifying (or Not) the Office of Trusteeship with Particular Reference to Massively Discretionary Trusts 34 Can. J.L. & Juris. 365 James Penner

Manitoba Law Journal
Volume 44 Issue 2

  • Introduction and Issue Overview 44 Man. L.J. i Bryan P. Schwartz , Darcy L. MacPherson
  • Justice Côté in 2019: Great Dissenter, Voice of the Court, or Both? 44 Man. L.J. 1 Sandrine Ampleman-Tremblay
  • Hryniak Comes to Manitoba: The Evolution of Manitoba Civil Procedure in the 2010s 44 Man. L.J. 36 Gerard J. Kennedy

“This article investigates whether the Supreme Court of Canada’s 2014 decision Hryniak v Mauldin has led to changes in Manitoba procedural law, largely in the summary judgment context. After introducing Hryniak and civil procedure reform’s place in the context of Canada’s access to justice crisis, the author turns to Manitoba. In addition to exploring the regulatory history of explicit changes to Manitoba’s Court of Queen’s Bench Rules, the author delves into Manitoba case law to determine their jurisprudential consequences and whether they have had effects in terms of the frequency that particular rules are used. Ultimately, it is concluded that, despite some potential to be bolder, by and large, Manitoba has prudently charted its own path in this important area of facilitating access to justice.”

  • Feeling Inadequate: Reframing the Mindsets of Legal Education to Promote Mental Health 44 Man. L.J. 66 Edward Béchard-Torres
  • Reconsidering Legal Pedagogy: Assessing Trigger Warnings, Evaluative Instruments, and Articling Integration in Canada’s Modern Law School Curricula 44 Man. L.J. 87 Richard Jochelson , James Gacek , David Ireland
  • Collaborative Law 44 Man. L.J. 121 Brendan Forrest
  • Alternative Fee Arrangements 44 Man. L.J. 134 Sean Corrigan
  • What Is Cultural Legal Studies? 44 Man. L.J. 143 Jennifer L. Schulz

Latest edition of Ruby on Sentencing

We now have the latest edition of the authoritative text on sentencing by Clayton Ruby available for loan.

Sentencing — 10th ed. by Clayton Ruby

“For over 30 years, this book has set forth sentencing principles and analyses in order to help criminal defence lawyers formulate effective submissions to sentencing judges. Sentencing, regarded by many as “the sentencing bible”, canvasses the law of sentencing in a way that no other books on criminal law and sentencing are able: it succinctly outlines all of the significant facets of sentencing principles and procedure, and provides the reader with a comprehensive range of sentencing for various offences.”

New Journals from Emerald Publishing added to HeinOnline!

HeinOnline has added several new journal titles from Emerald Publishing to the Law Journal Library. This includes full text for all past issues of the journals, excluding the 2 most recent years, which are indexed only. Take a look at what these new titles offer.

International Journal of Law and Management – “International Journal of Law and Management (IJLMA) is a leading journal addressing all aspects of regulation and law as they impact on organizational development, operations and leadership. Organizations and their leaders operate in an increasingly complex world of emerging regulation across national and international boundaries. International Journal of Law and Management seeks to acknowledge the dynamics of that environment and provide a platform for articles and contributions to stimulate scholarly debate in the development of law and practice.”

Journal of Financial Crime – “The journal’s articles are authored by some of the leading international scholars and practitioners in the fields of law, criminology, economics, criminal justice and compliance. Consequently, articles are perceptive, evidence based and have policy impact.”

Journal of International Trade Law and Policy – “an international journal receptive, but not limited, to the methods of economics, law, and the social sciences. As scholars tend to read individual articles of particular interest to them, rather than an entire issue, authors are not required to write with full accessibility to readers from all disciplines within the purview of the Journal. However, interdisciplinary communication should be fostered where possible. Thus economists can utilize quantitative methods (including econometrics and statistics), while legal scholars and political scientists can invoke specialized techniques and theories. Appendices are encouraged for more technical material.”

Journal of Property, Planning and Environmental Law – “publishes original legal research contributions for the benefit of scholars, policy makers and practitioners in these areas, including those operating in the fields of legal practice, housing and planning. International in scope and with a commitment to comparative legal studies, the journal publishes scholarly legal articles dealing with the application of law in these areas as well as theoretical and policy orientated research.”

Policing: An International Journal of Police Strategies & Management – “provides expert discussion, analysis and strategies to achieve greater effectiveness in police management and law enforcement. Publishing peer-reviewed research articles and case studies, the journal provides a truly global and comparative perspective on policing.”

Upcoming titles include Research in Law and Economics and Studies in Law, Politics, and Society. For full access log in to the Member’s Portal.

Contents Update: Estates Trusts & Pensions Journal

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

Volume 40 Number 3

From the Legislature

Is an RESP a Trust?…And So What If It Is?
Kira Domratchev

Articles

Inter Viros versus Testamentary Undue Influence: Origins, Differences, and Recent Developments
Kimberly A. Whaley and John E.S. Poyser

Estate Trustee Compensation: Considerations When Advising Clients in the Estate Planning Interview.
Sara Beheshti

Scottish Trusts in the Common Law
Lionel Smith

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

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 40 Number 2, February 2021 includes:

FROM THE LAW REPORTS

A Tale of Two Patrimonies: Limits on the Flexibility of Trust Law by Lionel Smith
More about Illusory Trusts: Is “Tantamount” to Ownership the Same as “Ownership”? The Privy Council Takes a Step Too Far by Joel Nikitman

ARTICLES

Will Challenges and the Limitations act, 2002: A Resconsideration by Matthew Furrow and Daniel Zacks
Security for Cost Motions in Estate Litigation by Jonathan Keslassy and Nicole Abergil
Guardianship as a Last Resort by Brendan Pooran, Stephanie Dickson and Saquiba Rahman

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

Finding On-Point Articles Using HeinOnline

Guest post by Melanie R. Bueckert, Legal Research Counsel – Manitoba Court of Appeal

I am very thankful for all of the excellent resources that the Great Library provides through our Law Society Member Portal.  My gratitude has increased greatly during the pandemic, while I have been unable to access the law school’s library.  While I often use HeinOnline to locate articles that I have already determined are relevant to my research, I hesitate to run searches of their databases, as the volume of results can be overwhelming.  However, in at least two cases in the past few months, my research has been improved substantially by their “More Like This” feature.  In case you haven’t used it yet, I will walk you through the very simple process.

Once you have located a relevant article in HeinOnline, look at the top of the document for the “More Like This” button.  Click it.  It will bring you to a list of results related to your article.  If you find that they are not particularly helpful, you can tweak the “Interesting Words” weighting on the left-hand side of the screen or remove some of those words.  You can also enter a new filtering term in the “Enter new term” box underneath the “Interesting Words”.  You can also limit your results by date range.

According to HeinOnline:

More Like This uses a program which finds ‘interesting words’ in an article, as determined by an algorithm that analyzes the article’s text. …

More Like This compares all articles in HeinOnline and ranks them in order based on which articles’ interesting words are most similar to the first article. Results include the top 50 most relevant articles available in HeinOnline.

See More Like This in HeinOnline for more information on this very useful feature.