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Articles by John Willinsky
A Time for Change and Correction
Posted in: Welcome to my 100th and final column for Slaw. It all started innocently enough at the outset of 2008 when the late Simon Fodden, innovative founder of this venue, invited me to contribute a column on scholarly publishing issues. I first wrote of how the Canadian Institutes of Health Research (CIHR) was now requiring those it funded to make the resulting research freely available, if after a 12-month delay (to appease publisher pushback).
Research Integrity and Copyright: A Proposal
The number one issue facing scholarly publishing today is research integrity. The crisis is associated with paper mills selling authorships to fabricated papers; reviewer cabals colluding with special issue guest editors; predatory journals, sans reviewers and editors, acting as auto-publish clubs; and papers rife with image and data manipulation. In response, publishers and editors are scrambling to retract of corrupted papers, close complicit journals, and cease special issues.
Research Integrity and Copyright: A Proposal
The number one issue facing scholarly publishing today is research integrity. The crisis is associated with paper mills selling authorships to fabricated papers; reviewer cabals colluding with special issue guest editors; predatory journals, sans reviewers and editors, acting as auto-publish clubs; and papers rife with image and data manipulation. In response, publishers and editors are scrambling to retract of corrupted papers, close complicit journals, and cease special issues.
Letting Our Research Run With AI Content
This is a case of not closing the barn door after the horse is out, to use a pre-twentieth-century expression for a twenty-first-century issue. But, more precisely, I want to argue for propping the barn door open to enable the rest of the horses to run free after a good number have been questionably sold off. Let me explain.
Letting Our Research Run with AI Content
Posted in: This is a case of not closing the barn door after the horse is out, to use a pre-twentieth-century expression for a twenty-first-century issue. But, more precisely, I want to argue for propping the barn door open to enable the rest of the horses to run free after a good number have been questionably sold off. Let me explain.
Take Advantage of CanLII’s New Interface
CanLII recently unveiled a new interface with the most obvious change being the introduction of a an interactive sidebar for case law and legislation. The sidebar replaces the tabs that used to be located at the top of a page; they include such things as case history and treatment, cited documents, regulations, and AI analysis. The goal of the change was to make legal research on CanLII more efficient, since researchers can see this additional information without moving to a new page.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Eloise Gratton 2. Risk Management & Crisis Response 3. Timely Disclosure 4. Legal Sourcery 5.
The Evasive Passive: The Message from the Law Society of Ontario's Treasurer
Earlier in March of this year, the Law Society of Ontario (“LSO”) removed its CEO following receipt of a report into the circumstances of a dramatic increase in her salary . Subsequently, members of the LSO received an email from the Treasurer, Peter Wardle, dated March 20th entitled “Strengthening governance and accountability at the Law Society of Ontario”, which is the focus of this post.
Creating Stability in Uncertain Times – with the SCARF Model - Slaw
One of the most uncontroversial openings to this article I can offer is this: we are in uncertain and stressful times. Trade war? Check. Measles on the rise? Check. AI bringing untold and unpredictable change to the world? Check. When surrounded by change and uncertainty the best advice I can offer is take hold of what you can control of your life and engage with what you can influence.
Is It Time To Protect the Public Interest in Research?
In the world of research, journal publishers are occasionally compelled to “retract” a published article. It may contain errors that posting a “correction” won’t sufficiently address, may utilize falsified data, may have been published elsewhere, may have been plagiarized, or may have been otherwise compromised. Yet the retracted paper does not disappear. It retains its place in the journal, while being stamped “Retracted” on page after page, along with an explanation.
Right and Wrong Reasons for Privatisation, Especially When Legal Information is Concerned
It may seem somewhat removed and distant from the narrow world of legal information publishing, but I was concerned to read that Williams Lea, within which sits TSO (formerly The Stationery Office in the UK) has been sold to R.R. Donnelley & Sons Company (RRD), in which Chatham Asset Management has a controlling stake; RRD’s interest in acquiring TSO appears to go back many years.
Winter 2025 US Legal Research Update
Belated Happy New Year’s wishes. Things are not looking so happy in the US government so far. Many Civil Service employees are being laid off and/or paid to retire. Information is disappearing or being rewritten on many agency webpages. I just checked out the Department of Justice website that does appear to be reporting business as usual so far. I also found an Associated Press report about why some of the agency webpages went dark in February after an executive order on January 20th.
Monday’s Mix - Slaw
Posted in: Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Librarian of Things 2. OsgoodePD Blog 3. Canadian Securities Law 4. Borderlines Podcast 5.
Book Review: The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better. By Abdi Aidid & Benjamin Alarie. Toronto: University of Toronto Press, 2023. 226 p.
International Day of the Endangered Lawyer 2025: The Persecution of Lawyers in Belarus
The persecution of lawyers in Belarus is the focus of attention during the 15th international Day of the Endangered Lawyer on 24 January 2025. This international day has been observed by lawyers around the world on the 24th of January every year since 2010. Each year the focus is on a country where lawyers and legal professionals are at particular risk. In 2025 the focus is on Belarus.
OsgoodePD’s Micro-Credential Courses Deliver Major Professional Benefits
In a legal industry increasingly defined by change and disruption, micro-credential courses can give lawyers the flexibility they need to adapt and thrive in the profession.
Glimpses of Hope for A2J – In BC and Abroad - Slaw
2024 has been a tough year. I don’t know about you, but I needed to end the year with something good to cling to going into 2025. The Advent season spurred a lot of talk about hope, so I looked for things that provided a glimpse of hope for the future of access to justice in BC and beyond. We are tired and need encouragement to keep working.
A Flurry of Filings: Canada’s AI Litigation Landscape Evolves in a Single Month
One of the earliest projects that was launched at the University of Victoria’s AI Risk and Regulation Lab was a mapping initiative that tracked both how artificial intelligence (AI) is regulated and litigated. To date, litigation tracking has primarily been focused on cases arising from the United States and internationally as until November 2024, there was virtually no domestic litigation to discuss.
University Librarians Want Copyright Reform
Regular readers of this column (thank you) will recognize copyright reform is a common interest of mine, especially as such reform might lead to greater public access to research. Still, I only took up the copyright torch after a very loose consensus – among researchers, publishers, librarians and funders – around open access’ scientific value began to emerge. Such consensus has been called the iron law of copyright reform.
CJC AI Guidelines for Canadian Courts Leave Room For Improvement
The Canadian Judicial Council (CJC) has released its “Guidelines for the Use of Artificial Intelligence in Canadian Courts” (CJC Guidelines), which represent a significant step towards integrating artificial intelligence (AI) into the Canadian justice system. This article evaluates the CJC Guidelines, analyzing their strengths, weaknesses, and potential implications.
Book Review: Indigenous Justice: True Cases by Judges, Lawyers, and Law Enforcement Professionals
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Indigenous Justice: True Cases by Judges, Lawyers, and Law Enforcement Professionals. Edited by Lorene Shyba & Raymond Yakeleya. Calgary: Durvile & UpRoute Books, 2023. xi, 275 p. Includes index.
The Human Rights Tribunal of Ontario: Access to Justice Denied
November 12, 2024 The Human Rights Tribunal of Ontario: Access to Justice Denied Reposted with permission.
Regulation on the Rocks: Why Canada’s First AI Law Looks Likely to Fail
Introduction In June of 2022, the Government of Canada tabled Bill C-27, the Digital Charter Implementation Act,[1] making it one of the earlier countries in the world to commence work on a national level Artificial Intelligence (AI) regulatory framework. Unfortunately, due to a complex array of factors—including criticisms of its scope, legislative delays and political instability—the bill now faces a significant risk of failure.
Wednesday: What’s Hot on CanLII? – October 2024 - Slaw
Each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. For this past month, the three most-consulted English-language decisions were: Subar v. Canada (Citizenship and Immigration), 2022 FC 340 (également disponible en français ici) [1] The Applicant is a 68-year old citizen of Israel, who first visited Canada in 1989.
Good Communications: Don’t Forget Generational Considerations
In November, I’m presenting to law students about plain language and the importance of good communication. As always when preparing for a presentation, my first consideration is ‘who is my audience’ and ‘how best can I deliver my message to this audience’. In this circumstance, who my audience is and the impact on their communications has become the message. The majority of these students will be in their mid to late 20s: Millennials on the upper end and Generation Z on the lower end.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Hull & Hull Blog 2. SOQUIJ | Le Blogue 3. Administrative Law Matters 4. Canadian Securities Law 5.
How Can Unbundling / Legal Coaching Support Clients in Mediation?
Professor John Lande has just published a terrific article “Theory and Practice of Mediation Representation”. He has also posted a summary here. Professor Lande acknowledges that there is much more written about how to mediate (as mediator) than how to represent clients in mediation (as counsel).
Generative AI: The Awards and the Infringement
The week of October 7th this year was quite something for Artificial Intelligence (AI). It was the object of two consecutive Nobel Prizes, awarded just days apart. The first, in Physics, went to John Hopfield and Geoffrey Hinton (a British Canadian) for laying the foundations of machine learning. The second in Chemistry, won by Demis Hassabis, John Jumper, and David Baker, was for utilizing AI to predict millions of intricate protein structures that are key to understanding molecular interactions.
Bad Ballots: Down with Direct Democracy in Law Society Governance
At the LSBC’s AGM tomorrow, several member resolutions will be up for a vote. Among them is a controversial resolution (Resolution 3) submitted by two BC lawyers that calls for changes to certain language in the LSBC’s Indigenous Intercultural Course. The language at issue references an unmarked burial site at the former Kamloops Indian Residential School.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Legal Post Blog 2. Borderlines Podcast 3. The Court 4. PierreRoy & Associés 5.
Ambiguous Patent Claims
Patents have a reputation of being difficult to read and understand and a key part of most patent litigation proceedings is ‘construing’ or providing meaning to the claims of the patent. A recent decision of the Federal Court considered a series of claims which it determined were not possible to be understood – the claims were ambiguous. As a result, the claims were declared invalid. Declaring claims invalid for being ambiguous is rarely done in Canada.
Thursday Thinkpiece: Against the Odds: The Indigenous Rights Cases of Thomas R. Berger
Periodically on Thursdays, 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. Against the Odds: The Indigenous Rights Cases of Thomas R.
Beyond Command and Control: The Case for Empathetic Leadership in Law Firms
There’s a lot of talk, grumbling, and bemused head-scratching in law firms these days among partners of a certain age who lament the younger generation of lawyers who are so good at saying no and preserving their nights and weekends for pursuits other than legal work. What is certain is that the commanding leadership style of previous generations – I will tell you to jump, and you ask how high – are not getting the results they used to.
What Was Heard: Contradictions in Canadian Scholarly Publishing
In July of last year, Canada’s three research-funding agencies set out to improve public and academic access to the studies they sponsor. Open access to research and scholarship is proving to be the digital era’s great gift to science, and all the more so, following open access’ contributions to Covid vaccine development during the pandemic.
Fostering the Development of Junior Lawyers: Embracing Feedforward and Reframing Feedback
Shutting down her computer for the day, Mary noticed how anxious she was. Yet again, she had received no feedback on the legal opinion she had drafted for the partner, and she was beginning to worry if her job was in jeopardy. In law firms, far too often, “no news is good news.” You will hear what you did wrong or badly but are much less likely to hear what went well.
Canada Has a New Open Access Legal Citation Guide
The Canadian Open Access Legal (COAL) Citation Guide/Guide canadien de la référence juridique en accès libre (RJAL) is now available: https://canlii.ca/t/7nc6q Over the course of two years, law librarians from across Canada worked together to create the COAL-RJAL Guide. The English version of the Guide is now freely available and hosted on CanLII (2024 CanLIIDocs 830), and the French version is in progress.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Michael Geist 2. Lash Condo Law 3. BC Injury Law Blog 4. Borderlines Podcast 5.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.
How Hard Could it Be to Write a New U.S. Bar Exam?
Posted in: The bar examination landscape in the United States seems to be in a state of upheaval. The National Conference of Bar Examiners (NCBE) is in the midst of developing a new bar exam, called the Next Gen Bar. Meanwhile, California’s State Bar considered scrapping NCBE entirely and hiring Kaplan to write an exam for California.[1] Though California has now paused this plan, it’s clear that they were looking for other options and thought it might be possible to write a new exam.
Why (and How) is Free Access to CSO E-Search Useful?
I shared news earlier this year, but I wanted to follow up with some tips on how to get the most out of Courthouse Libraries BC’s free access to Court Services Online (CSO) E-search. These tips include pointers helpful for anyone using CSO E-search, even if you are out of the province and don’t know anything about this useful tool for accessing BC court records and file information.
Taming the Ghost in the Machine: Canada’s Journey to AI Regulation, Part 1
Throughout my career, I have been attracted to and fortunate enough to work on various initiatives that push the envelope in particularly challenging and fast-moving areas. This work can sometimes induce anxiety due to its unpredictable nature and pace, but it is never boring and it is often highly rewarding.
The MacDonald Report: What Should We Expect from a Former Chief Justice and Law Students? Part 3
Preamble When students at the Lincoln Alexander School of Law (“LASL” or “the school”) sent a controversial letter (“the letter” or “the October 20th letter”) to the LASL administration, a letter which became public, about the Israel-Hamas conflict, Metropolitan Toronto University (“MTU” or “the University”) filed a complaint under TMU Senate Policy 61, the Student Code of Non-Academic Conduct (“the Code”). The University appointed the former Chief Justice of Nova Scotia J.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. PierreRoy & Associés 2. Canadian Securities Law 3. Blogue SOQUIJ 4. RT Blog 5.
Skillfully Manage Electronic Information with Essential E-Discovery Training
As advances in technology have made the sheer volume of electronically stored information immense, there has never been a more critical time to manage e-Discovery efficiently and cost effectively.
Academic Freedom and the Israel-Hamas War
Posted in: As a faculty member of Simon Fraser University, I recently participated in a SFU Faculty Association vote on a motion “calling upon SFU to divest from Israeli commercial interests, suspend partnerships with Israeli universities, and offer concrete support for Palestinian faculty and students.” Such motions have been common across universities around the world during the “situation in Gaza,” as the motion calls it.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Doorey’s Workplace Law Blog 2. Canadian Privacy Law Blog OK 3. Know How 4. The Docket 5.
Summaries Sunday: Supreme Advocacy
One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from March 15 – May 15, 2024 inclusive. Appeals Aboriginal Law: Treaty Rights; Limitation Periods; Constitutional Declarations Shot Both Sides v.
Spring Roundup of Legal Information News from Washington DC
On May 7 I received some very good news about the Library of the Supreme Court. “David S. Mao has been named the new Librarian of the Supreme Court of the United States. Mr. Mao will be the 12th Librarian of the Court. He succeeds Linda Maslow, who retired in August 2022 after serving 10 years as Librarian and 33 years at the Supreme Court. William Sleeman, the Court’s Assistant Librarian for Technical Services and Special Collections, has served as Acting Librarian since July 2023.
Guide to AI Regulation - Recent Additions
Posted in: For those of you who are watching the regulatory environment for AI, here are some of the latest additions to my Guide to AI Regulation. Federal Updated – Notice to the Parties and the Profession: The Use of Artificial Intelligence in Court Proceedings, (Federal Court of Canada, updated May 7 2024), online. Robert Morrissey, Chair.
Campbell F. Scribner. A is for Arson: A History of Vandalism in American Education Ithaca, NY: Cornell University Press, 2023, 224 pp.
Hostname: page-component-848d4c4894-ttngx Total loading time: 0 Render date: 2024-05-16T09:48:24.327Z Has data issue: false hasContentIssue false Review products Campbell F. Scribner. A is for Arson: A History of Vandalism in American Education Ithaca, NY: Cornell University Press, 2023, 224 pp. Published online by Cambridge University Press: 16 May 2024 Abstract References Type Book Review Information History of Education Quarterly , Volume 64 , Issue 2 , May 2024 , pp.
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