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As the fall law school term wound down, I found myself thinking about Peter Hogg. With the Alberta Sovereignty Act, the notwithstanding clause and Quebec and Saskatchewan unilaterally amending the Constitution, I’m sure I was not alone. When you teach Constitutional Law in this country, it is hard not to think about Peter Hogg. Like...
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The U.S. mid-term elections are almost over except for the litigation from sore losers. The new Congress will be more diverse and probably more divisive. The old Congress is working on finishing up business by the end of the year, including funding the government. I’m hoping the new Congress will be able to work better...
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From December 7-19, the 15th meeting of the Conference of Parties (COP15) of the UN Convention on Biological Diversity was held in Montreal. Among the discussions abuzz was how Canada, and the over 100 other nations who formally supported the call to protect 30% of the world’s lands and oceans by 2030 in order to...
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There are three keys to public speaking: ethos, pathos, and logos. Ethos is achieved when the speaker is convincingly credible. Pathos is achieved when the audience is emotionally moved. Logos is achieved when the reasoning presented is reasonable. Note that none of these involve the mystical calling of charisma nor haughty concepts like truth. Public...
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The annual World Justice Project (WJP) Rule of Law Index provides independent global insights on factors considered fundamental to the concept of the rule of law. It includes eight factors, which are each assessed based on four or more sub-factors. Factor 7, Civil Justice includes 7 sub-factors of which accessibility and affordability tops the list...
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Online Dispute Resolution (ODR) has gained credibility lately, due largely to a combination of pandemic limitations on in-person dispute resolution and rapid strides in online technology. But it is the product of more than 20 years of steady development and advocacy. I was reminded of this reading a pre-publication copy of ODR: Yesterday, Today, Tomorrow,...
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[Source: Photo by Chandni Dan on Unsplash] In the legal community within the United States, Alaska has a unique feature. With a population of over 700,000 people and rich in natural resources, the largest state in the country has no law school. This unique situation poses a number of salient issues and challenges which Alaskans...
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Evidentiary considerations remain critical from the earliest stages of the case so one cannot competently undertake a litigation file without a thorough understanding of the rules of evidence, as interpreted by current case law. This knowledge will allow you to shape the strategy of your civil case and maximize the odds of a favourable outcome,...
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The Canadian Law Library Review/Revue Canadienne des bibliothèques de droit (CLLR) is currently welcoming article submissions from members of the legal community. The CLLR is the official publication of the Canadian Association of Law Libraries. It is an open access, online journal published three times per year. Articles typically range from 2,000-4,000 words. Prior to...
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Family lawyers cross-examining victims of intimate partner violence (“IPV”) gets little attention in legal ethics literature. To be sure, there is a considerable debate and body of scholarship focused on the conduct of lawyers acting in criminal sexual assault cases, much of which can be analogized to IPV. However, in the family law context there...
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