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Full-Text Articles in Legal Writing and Research

Oscola, The Oxford Standard For Citation Of Legal Authorities, John Kleefeld Apr 2013

Oscola, The Oxford Standard For Citation Of Legal Authorities, John Kleefeld

Dalhousie Law Journal

With the publication of the fourth edition of OSCOLA (the first being in 2000), the Oscolites, if I may adopt such a term, have issued an implicit challenge to other contenders in the world of legal citation. I suggest that the challenge has four prongs. The first aims at what may be called the "hegemony of uniformity."' The second, at a tendency to what Judge Posner has declaimed as "hypertrophy" in the size of legal citation manuals. The third, at barriers to accessing such manuals. And the fourth prong, gentler and more tentative than the other three, at the notion …


Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe Jan 2013

Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe

Books

Openness has become a common concept in a growing number of scientific and academic fields. Expressions such as Open Access (OA) or Open Content (OC) are often employed for publications of papers and research results, or are contained as conditions in tenders issued by a number of funding agencies. More recently the concept of Open Data (OD) is of growing interest in some fields, particularly those that produce large amounts of data – which are not usually protected by standard legal tools such as copyright. However, a thorough understanding of the meaning of Openness – especially its legal implications – …


Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault Jan 2013

Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault

Articles, Book Chapters, & Popular Press

In the laws of most jurisdictions in the world, IP licenses are an unnamed form of contract, most often of a hybride nature, for which no specific legal framework exists, save for rare exceptions. As a result, the formation, content and interpretation of IP licences call for the application of relevant norms from numerous other fields of the law, such as contract law, property law, commercial law, consumer law etc. Despite efforts of harmonisation at the international and regional levels, these related areas of the law remain to a large extent nationally determined, influenced by the legal tradition of each …