Law Commons^™

Copyright In Photographs In Canada Since 2012, Margaret Ann Wilkinson, Carolyn Soltau, Tierney Gb Deluzio

Law Publications

Photographs perform a unique function because they capture moments in time and that capture is contemporaneous with the subject of the photo: “[a] writer doesn’t necessarily have to be there to produce a story. A photographer, on the other hand, must be at the event when the event happens.”

In 2012, the Copyright Modernization Act changed the Copyright Act in terms of application to photographs. This column will first discuss how copyright now applies to photographs in Canada (who owns copyright and how long it lasts) and then describe the new users’ right now available in respect of commissioned photographs.

The Use Of Summary Judgment Procedures Against Self-Represented Litigants: Efficient Case Management Or Denial Of Access To Justice?, Julie Macfarlane, Katrina Trask, Erin Chesney

Law Publications

Approximately a year ago, a NSRLP lawyer-­‐volunteer began to regularly observe hearings that included SRLs (self-­‐ represented litigants) taking place at a busy Toronto courthouse. She reported that she was seeing a number of procedural motions against SRLs. In these cases, she noted, the SRL was usually bewildered and perplexed by what was happening – they had often come to court expecting to present their case for trial – and instead found that they were suddenly facing the dismissal of their action. At the NSRLP, we began to hear from SRLs who described efforts to dismiss their cases using a …

The Inventive Concept In Patent Law: Not So Obvious, Joshua Sealy-Harrington

Law Publications

The inventive concept in patent law, central to the Supreme Court’s test for whether a patent is invalid because of obviousness, lacks clarity. This article discusses that lack of clarity with reference to the vague and inconsistent treatment of the inventive concept in the jurisprudence of the Federal Court, Federal Court of Appeal and Supreme Court of Canada. In particular, this article discusses two unanswered questions: whether the inventive concept is a necessary part of the obviousness inquiry and what the inventive concept actually means. In answering the second question, this article explores three discrete stages in the evolution of …

The Undue Reliance On Physical Objects In The Regulation Of Information Products, Pascale Chapdelaine

Law Publications

The presence of a physical object (a book, DVD, CD) plays a determinant role in how information products (e.g., commercial copies of computer programs, books, musical recordings, video games, and virtual worlds) are regulated, in contrast with copies of similar information products with no physical embodiment. The presence of a physical object influences how law makers distinguish goods from services, to define a contract of sale or license, to apply the first sale doctrine in copyright law, and to determine which acts reserved to copyright holders are involved in a commercial transaction. In this article, I argue that the emphasis …

Pathway To Potential Externship Pilot Program Evaluation Report, Gemma Smyth

Law Publications

This report examines the results of interviews withstaff and students who participated in a social justice, policy-­‐focused externship pilot project. In this externship, Windsor Law students were employed at Pathway to Potential (P2P), a poverty reduction collaborative in Windsor-­‐Essex. This evaluation was one of two completed for the purposes of examining development of an externship program at Windsor Law. The other report was completed by Adam Vasey, Law Foundation Fellow at Windsor Law. Mr. Vasey’s report is available separately, and deals with some of the theoretical foundations of externship programs. This report was funded by a small Centred on Learning …

Submissions On Consultation Paper On Racialized Licensees From The Equity And Diversity Committee, Faculty Of Law University Of Windsor, Sujith Xavier, Gemma E. Smyth

Law Publications

The Equity and Diversity Committee of the Faculty of Law derives its mandate from the Faculty Council of Windsor Law. The Committee was set up in 2010 to address equity and diversity related issues at Windsor Law. The Committee is delighted to read the LSUC’s Consultation paper on Developing Strategies for Change: Addressing Challenges Faced by Racialized Licensees (Consultation paper) and especially the strategies proposed in that report to change inequities entrenched in our legal profession.

Emerging Issues In International And Transnational Law Related To Climate Change - International Environmental Law Consultation Workshop, Patricia Galvao-Ferreira, Oonagh Fitzgerald, Kent Howe

Law Publications

The International Law Research Program (ILRP) of the Centre for International Governance Innovation (CIGI) held its first multi-stakeholder international environmental law consultation workshop on February 18, 2015. Under Chatham House Rule, in a round table format, there were 29 participants, with 19 making introductory comments. Participants represented the following stakeholder groups: think tanks, private legal practice, public sector (municipal, provincial and federal), non-governmental organizations (NGOs), Canadian and foreign university faculties of law and other relevant faculties, private sector and scholarship students.

Fairness As Appropriateness: Some Reflections On Procedural Fairness In Wto Law, Chios Carmody

Law Publications

No abstract provided.

Independence And Wto Law, Chios Carmody

Law Publications

No abstract provided.

Rights, Loss And Compensation In The Law Of Torts, Andrew Botterell

Law Publications

No abstract provided.

Of Banks, Federalism And Clear Statements: Comment On Bank Of Montreal V. Marcotte, Wade Wright

Law Publications

Federalism-based clear statement rules require governments to use clear statutory language when they pursue initiatives with certain implications for the division of powers. This article makes the case for altering the analytical approach in relation to two of the key federalism doctrines (the doctrine of interjurisdictional immunity and the doctrine of federal paramountcy) by adopting a federalism-based clear statement rule. It makes this case in the context of a discussion of the Supreme Court of Canada’s decision in Bank of Montreal v. Marcotte (2014), an important federalism case that rejected the arguments of several banks invoking both doctrines to avoid …

From Law Grad To Better Citizen, David Sandomierski

Law Publications

No abstract provided.

Personal Plight Legal Practice And Tomorrow's Lawyers, Noel Semple

Law Publications

Commentators have predicted that machine intelligence and off-shoring will steadily undermine demand for lawyers in North America and Europe. This essay argues that this prediction is not equally valid for all types of legal practice. Personal plight practice — in which lawyers help individuals and small businesses involved in legal disputes — is largely sheltered from computerization and off-shoring. The article calls for the profession and legal educators to open doors between tomorrow’s lawyers and personal plight legal practice. Doing so will not only address the economic insecurity confronting tomorrow’s lawyers, but also enhance access to justice.

An Introduction To Exploring Law, Disability, And The Challenge Of Equality In Canada And The United States: Papers From The Berkeley Symposium, Laverne Jacobs

Law Publications

It brings me great pleasure to write this Introduction to Exploring Law, Disability, and the Challenge of Equality in Canada and the United States. This special collection of articles in the Windsor Yearbook of Access to Justice [WYAJ] stems from a symposium of the same name held at the Berkeley Law School at the University of California on 5 December 2014. Writing this introduction allows me to bring together my identities as a law and disability scholar, the principal organizer and convener of the Berkeley Symposium, and editor-in-chief of the WYAJ.

In these roles, I have had the opportunity to …