Commentary Archives - Page 9 of 16 - Manitoba Law Library Inc.

Journal Updates

by George Roy | Apr 9, 2020 | Journals, New Books

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

New Journals added to HeinOnline

by Karen Sawatzky | Apr 3, 2020 | Journals, Legal Research

Our subscription to HeinOnline just got even better. Eleven new journals have been added to their collection, including Canadian Tax Journal, published by the Canadian Tax Foundation. HeinOnline is available to members of the Law Society of Manitoba by signing in to the Members Portal and clicking on “Library Resources”.

As we continue to work remotely, being able to access a full library of legal journals wherever you have an internet connection is a valuable resource. Be sure to check out all of the content we provide for you, and don’t hesitate to contact us for help with legal research.

New Journal Update

by Karen Sawatzky | Mar 27, 2020 | Journals, Legal Research, Wills and Estates

Estates, Trusts & Pensions Journal, Vol. 39, No. 2 has just been released.

Contents

From the Law Reports:

Baryla v. Baryla: The Presumption of Advancement in the Family Law Context – Lauren Blake and Caitlin MacDonnell

From the Legislatures:

Disclosure of Trust Information to Beneficiaries under New Zealand’s Trusts Act 2019 – Claudia Shan and Simon Barber

Articles:

Saskatchewan Introduces New Intestate Succession Legislation – Amanda S.A. Doucette

Common Intentions: The Standard of Review for Standard Form Wills – Tom Collins

Cross-Border Planning for Canadian Registered Retirement Plans – Elise M. Pulver, David J. Byun, Ryan M. Murphy and Amy P. Walters

Practitioners Beware: Equitable Remedies are Limited (But the Door has Not Closed) – Rami Pandher and Channing Brown

Taping Wills Instructions – John E.S. Poyser and Krista Clendenning

Lawyers who are members of the Law Society of Manitoba may request a copy of these articles by emailing library@lawsociety.mb.ca.

Journal Updates

by George Roy | Mar 5, 2020 | Commentary, Current Awareness, Journals

From WestLawNext Canada:

Canadian Journal of Administrative Law and Practice, Vol. 33

Waiting for Godot: Canadian Administrative Law in 2019
Undoing Doré: Judicial Resistance in Canadian Appellate Courts
Delegated Legislation and the Charter
The Quebec Reference and Vavilov–Statutory Rights of Appeal and the Core of Superior Court Jurisdiction

Canadian Journal of Family Law, Vol. 32

All Families Are Equal, but Do Some Matter More than Others? How Gender, Poverty, and Domestic Violence Put Quebec’s Family Law Reform to the Test
Introduction to the Special Issue: Shifting Normativities
Intent to Parent Is What Makes a Parent? A Comparative Analysis of the Role of Intent in Multi Parenthood Recognition
Autonomous Motherhood in the Era of Donor Linking: New Challenges and Constraints?
Relationally Speaking: The Implications of Treating Embryos as Property in a Canadian Context
Faire Valoir ses Droits à la Chambre de la Jeunesse: État des Lieux des Barrières Structurelles à L’Accès à la Justice des Familles

Canadian Journal of Law and Jurisprudence, Vol. 33

Describing Law
Equity and Homelessness
The Proportionality Puzzle in Contract Law: A Challenge for Private Law Theory?
Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace
Seek the Good: Professional Trust, Justice, and the Rule of Law
Deciding, ‘What Happened?’ when We Don’t Really Know: Finding Theoretical Grounding for Legitimate Judicial Fact-Finding
Eichmann’s Mistake: The Problem of Thoughtlessness in International Criminal Law
Reasonable Accommodation for Age
Materially Identical to Mistaken Payment
Tax Uniformity as a Requirement of Justice

Criminal Law Quarterly, Vol. 67

Gladue Sentencing and Wrongful Convictions
When One Innocent Suffers: Phillip James Tallio and Wrongful Convictions of Indigenous Youth
Negative Retributivism: A Response to R. v. Ipeelee’s Innovative Call
Plan B for Implementing Gladue: The Need to Apply Background Factors to the Punitive
Sentencing Purposes
‘Shedding Light’ on Gladue and Section 718.2(e)
The Connie Oakes Tragedy: The Same Mistakes and Still No Apology
Ipeelee in the Courts of Appeal: Some Progress but Much Work Remains

Journal of Parliamentary and Political Law

Review of: Vernon Bogdanor Beyond Brexit: Towards a British Constitution (2019 I.B. Tauris, London)
Enhancing Canada’s Democracy without Electoral Reform
A Novel and Necessary Remedy
Hey Court, It’s Me, the Legislature, Speaking– Can You Hear Me?: Towards a True Dialogue between Courts and Legislatures
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)
Reforming the Federal Electoral System in Canada: The Road to Unilateral Amendment
Parliamentary Law and a French Version of the Constitution Act, 1867
Including Emerging Litigation Comprenant Les Litiges en Voie de Développement
Is Democracy Dying? Keynote Address: First Amendment Days, 2018
Extradition–What Kind of a Word is That?
Review of: Adam Dodek the Charter Debates: The Special Joint Committee on the Constitution, 1980-1981, and the Making of the Canadian Charter of Rights and Freedoms (Toronto: University of Toronto Press, 2018)
Outcries from the Media Regarding the Vice Media Supreme Court Decision: When Journalists Cry Wolf
La Représentation du Québec à la Chambre des Communes: le Dilemme de Demain

University of Toronto Law Journal

Introduction: Criminal Law Theory
Criminal Punishment and the Right to Rule
Civil Order, Criminal Justice, and ‘No Justice No Peace’
Civil Order, Markets, and the Intelligibility of the Criminal Law
The Constitution of Criminal Law
Criminal Law and the Constitution of Civil Order
A Democratic Theory of Punishment: The Trop Principle
Criminal Law as Public Ordering
Criminal Justice and the Liberal Good of ‘Order’

From Lexis Advance Quicklaw:

Queen’s Law Journal, (2019) 45:1

Provincial Jurisdiction over Abortion
The Daily Work of Fitting in as a Marginalized Lawyer
International Comity and The Construction of The Charter’s Limits: Hape Revisited
Regulation and Inequality at Work: Isolation and Inequality Beyond the Regulation of Labour The Contested Grounds of Economic Order
Transfer by Contract at Common Law and in Equity

Commentary on CanLII

by Karen Sawatzky | Mar 3, 2020 | Access to Justice, Commentary, Legal Research

There are now 10,000 pieces of legal commentary on CanLII, in the form of books, journals, reports, conference proceedings, case commentary and more.

Commentary on CanLII’s platform is searchable alongside our primary law collection, also openly accessible, to facilitate improved access and discoverability of existing secondary content published around the web.
CanLII Blog

This is an amazing achievement, thanks to the contributions of CanLII’s many partners. Congratulations to all for putting it together and supporting open access to the law.