Indigenous Rights Case Law Database from CEPMLP

Court Interpretation of Indigenous Agreements: Database

The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) – University of Dundee (Scotland)

http://www.dundee.ac.uk/cepmlp/mining/indigenous/

From the database description:

This database has been compiled from over 200 cases and articles from courts/tribunals in Australia, Canada, New Zealand and the United States of America. The decisions collated for the database are those that interpret or apply documents involving indigenous parties. The database records, for each decision:

  • a brief summary of the decision (including URL where available);
  • the details of the document(s) involving indigenous parties; and
  • a summary of the court’s/tribunal’s engagement with that document.

The database’s search function allows users to focus and find decisions and articles according to particular need. For example, if researching the relevance of fiduciary obligations in relation to indigenous agreements, the database allows quick collation of all materials relevant to that.

 

 

 

 

 

Legal Research Guide to Canadian Statutes

Legal Research Guide to Statutes

Eric B. Appleby

Maritime Law Book, 2007

http://www.mlb.nb.ca/site/ffiles/statute.pdf

From the introduction:

This legal research guide is meant to provide instruction on how to find cases that are relevant to an issue in the law of statutes and statutory interpretation. This guide does not provide instruction on how to find statutes or regulations.

Table of Contents

1. The language of statutes – common terms defined

2. Operation and effect of statutes

3. Operation and effect, on earlier statutes

4. Interpretation of Statutes

5. Remedial Statutes

6. Penal Statutes

Hat tip: Ted Tjaden.  One of many nuggets in his excellent book “Legal Research and Writing,” 3rd Edition.

Article: The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

SSRN has posted an article on the use of foreign law by constitutional and supreme courts. The author looks at the use of foreign law in constitutional law cases by courts in Australia, Austria, Canada, France, South Africa,  and Switzerland. The article is only available in Spanish.

The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

Rodrigo Brito Melgarejo

In Dret, Volume 2 (2010)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1639031

http://www.indret.com/pdf/720_es.pdf

Abstract:

Despite the relevance of comparative law in constitutional adjudication has repeatedly been at the center of heated debates, in recent years, an increasingly transnational constitutional dialogue between justices has developed in many countries. Some members of a large number of constitutional courts have embraced the possibility of considering the constitutional decisions of other nation’s courts because the potential benefits of comparative constitutional learning are many. Considering other national court decisions or explaining disagreements with them, for example, may stimulate judges to rethink principles or priorities in ways that alter their own constitutional perspective and to find new valuable arguments that renew its own stock of constitutional ideas.

This paper aims at analyzing the way some constitutional courts are using foreign decisions in constitutional interpretation and tries to demonstrate that comparative constitutional reasoning tends every day more vigorously to universality.

2 new journals for 2010: ILI Law Review and Arctic Review on Law & Politics

Indian Law Institute Law Review (free)

http://www.ili.ac.in/lawreview.htm

Volume 1, Issue 1

http://www.ili.ac.in/issues.htm

journal description:

The ILI Law Review is an initiative of the LL.M students of ILI to encourage scholarship in the fields of law and allied subjects among the budding scholars of ILI and other Universities and Colleges in India and abroad.  It is expected that the ILI Law Review will cater to the felt needs of scholars, researchers, lawyers, policy makers and dedicated law students in the diverse arenas of law

The ILI Law Review will be an Online Journal and each article submitted for publication goes through a three-tier selection process. The selection process includes vetting of the articles by students, experts from ILI faculty and finally by an external expert. There after the student editors of the journal edits the articles selected for publication as per the Journal of Indian Law Institute format.  It is also important to note that the ILI Law Review is proposed to be an environment friendly publication because at no stage of the publication papers are used. Many factors make the Law Review unique and different from other journals. It is the first online law journal in the country to be assigned with the ISSN code, which is indicative of its quality and standard. The involvement of students at every stage of the process ensures that they are exposed to editing procedures under expert guidance. As we believe in unconditional dissemination of knowledge, the journal is open-sourced and all articles are available free of any cost. Through its peer-reviewed processes and constant dedication to maintain international standards, the ILI Law Review aims to be a vehicle of quality legal scholarship within the country and abroad.

Arctic Review on Law and Politics.

Roughly $75 per year for two issues.

http://akademiskweb.com/index.asp?id=129002

Journal description from their Web site:

Arctic Review on Law and Politics is a scientific journal with the goal to publish articles in the field of law and politics. Law and Politics is understood in a wide sense, as it also encompasses research in disciplines like economics, sociology, human geography and social anthropology.

The journal focuses on the arctic and the northern areas, and the aim is to provide new knowledge and understanding of fundamental issues in these areas and thus become a rostrum for debates over the development in the northern areas. The goal is to cover issues like management of resources, environmental issues including economic and legal questions of climate change, and law of the sea. Other topics of current interest are jurisdictional matters and indigenous people’s rights.

Arctic Review on Law and Politics takes aim to be an international journal at a high academic level, publishing peer reviewed articles in two volumes per year.

The journal is established in the «Arctic Capital» of Norway, Tromsø, where the editor-in-chief also is located. In addition to the editor, the editorial board consists of national co-editors from the other arctic countries; Canada, Denmark, Finland, Russia, Sweden and USA.

The Power of Open Data — Case Study: How Open Data Saved Canada $3.2 Billion

A most interesting and valuable case study of savings for the public purse in Canada from the use of open data — by exposing a large tax fraud involving charitable receipts — is:

Case Study: How Open Data Saved Canada $3.2 Billion
by David Eaves

As Eaves writes, in essence, “the power of open data” is “the power to find problems in complicated environments, and possibly even to prevent them from emerging.”

See also Eaves’ three laws of open government data post:
  1. If it can’t be spidered or indexed, it doesn’t exist [i.e., can the data be found?].
  2. If it isn’t available in open and machine readable format, it can’t engage [i.e., to be useful, one needs to be able to play with the data].
  3. If a legal framework doesn’t allow it to be repurposed, it doesn’t empower [i.e., a legal framework is necessary to allow sharing of the data].

Hat tip to Law Librarian Blog, referring in turn to Pew Internet’s Susannah Fox, The Power of Data and the Power of One.

Costs and Funding of Civil Litigation: A Comparative Study

Christopher  Hodges, Stefan Vogenauer and Magdalena Tubilacka have published the following article on SSRN:   Costs and Funding of Civil Litigation: A Comparative Study.

Costs and Funding of Civil Litigation: A Comparative Study

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1511714

Countries studied are Australia, Austria, Belgium, Bulgaria, Canada, China, Czech Republic, Denmark, England and Wales, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Scotland, Singapore, Spain, Sweden, Switzerland, Taiwan, USA.  

The Appendices look very interesting

I. Questionnaire 49

II. Contributors to the Comparative Study 53

III. Ranges of Lawyers’ Hourly Rates 55

IV. Case Studies: Minimum costs risk for claimant 58

V. Summaries of amounts of Court Fees and Lawyers’ Fees 73

VI. Success and Contingency Fees 81

VII. Abbreviations 83

Rule of Law Index

The World Justice Forum meeting in Vienna, Austria has just released the Rule of Law Index. The Index uses numerical indicators to gauge the strength of rule of law in 35 countries, including developed and developing countries.

Here are the 4 broad criteria , with sub-categories, used to create the scores  for each country. It includes compliance with international law.

1. Accountable Government

Government powers limited by constitution

Governmental and non‐governmental checks

Accountable government officials and agents

Accountable military, police, and prison officials

Compliance with international law

 

2. Publicized and stable laws that protect fundamental rights

Laws are clear, publicized and stable

Laws protect fundamental rights

Laws protect security of the person

Laws protect security of property

3. Accessible, fair, and efficient process

Accessible process

Fair and efficient administration

 

4. Access to Justice

Impartial and accountable judicial system  

Efficient, accessible and effective judicial system

Competent and independent attorneys or representatives

Fair and efficient alternative dispute resolution

Rule of Law Index 2009

http://www.abajournal.com/files/WJP_RuleOfLawIndex.pdf

Best Guide to Canadian Legal Research

Catherine Best, a research lawyer at Boughton Law Corporation, maintains the eponymous Best Guide to Canadian Legal Research. This is an easy to navigate site that not just lists resources, but also includes explanatory notes for specific titles or databases.  Both free and pay sites are discussed. Additional guides are available for Australia, European Union, International Law, New Zealand and the UK.  

Hat tip to George W. for finding this great site.

Best Guide to Canadian Legal Research

http://legalresearch.org/

New admissions policy at Osgoode Hall Law School in Canada

Osgoode Hall Law School, York University in Canada recently instituted a new admissions policy for 2008-2009. On the Law School Web site, they have posted the Admissions Committee Report from February 2007. The report details the justification for the new admissions policy and reproduces the admissions criteria used by evaluators and admissions officers. The admissions criteria include academic scores, equity considertions and other factors, such as work experience, leadership and contribution to community. The report makes for interesting reading and a revealing insight to legal education in Canada. Here is additional proof that law schools around the world are struggling with ways to expand the admissions process beyond numeric considerations.

Osgoode Hall Law School Admissions Committee Report (Feb. 2007)

Additional information available here

Fee Fie Foe Firm: law firm search engine

Many thanks to our colleagues in Australia and Malaysia for pointing out Fee Fie Foe Firm, a specialized search engine that indexes law firm Web sites. Separate search engines exist for Australia, Canada, New Zealand, UK and the U.S. The search engines include law firm attorney profiles as well as law firm publications.  

Fee Fie Foe Firm Australia  http://www.feefiefoefirm.com/au/

Fee Fie Foe Firm UK
http://www.feefiefoefirm.com/uk/

Fee Fie Foe Firm US
http://www.feefiefoefirm.com/

Fee Fie Foe Firm NZ
http://www.feefiefoefirm.com/nz/
Fee Fie Foe Firm Canada
http://www.feefiefoefirm.com/ca/