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Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT 2017 CanLIIDocs 227 VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY 2017 CanLIIDocs 227 Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays by a Very Public 41 Edited by John Bolan and Rex Shoyama Lawyer Reviewed by Margo Jeske When Canadian Courts cite the Major 9 Philosophers: Who Cites Whom in Canadian Caselaw* 43 By Nancy McCormack 43 Bibliographic Notes Chronique bibliographique Legal Research Blogs in Canada: Uses, Limi- 29 tations & Preservation Concerns By Susan Jones By Michelle Thompson 2017 CanLIIDocs 227 48 News From Further Afield 34 Reviews Nouvelles de l’étranger Recensions Notes from the UK 48 Edited by Kim Clarke and Nancy McCormack Jackie Fishleigh Acoustic Jurisprudence: Listening to the Trial of 34 Letter from Australia 50 Simon Bikindi. Margaret Hutchison Reviewed by Leslie Taylor The U.S. Legal Landscape: News From Across 52 The Business of Innovation: Intellectual Prop- 35 the Border erty Transactions and Strategies in the New Julienne Grant Economy Reviewed by Susannah Tredwell Citizen Journalists: Newer Media, Republican 36 Moments and the Constitution Reviewed by Emily Landriault Handling Provincial Offence Cases in Ontario 37 2016 Reviewed by Bobbie A. Walker The Intellectual Property Regulatory Complex: 38 Overcoming Barriers to Innovation in Agricul- tural Genomics Reviewed by Ken Fox Law and Mind: Mental Health Law and Policy in 39 Canada Reviewed by Willa M. B. Voroney CITED AS Can L Libr Rev CITÉ Rev can bibl dr Canadian Law Library Review is published 4 times a year by the Revue canadienne des bibliothéques de droit est publiée 4 fois par Canadian Association of Law Libraries. année par l’Association canadienne des bibliothèques de droit. Subscription price (non-members) $90.00 Abonnement annuel (non-membres) 90.00$ Publications Mail – Registration No. 10282 Envoi de publication enregistrement no. 10282 © Canadian Assocation of Law Libraries / Association canadienne des bibliothèques de droit ISSN 1180-176X 2017 Canadian Law Library Review/Revue canadienne des bibliothèques de droit, Volume/Tome 42, No. 2 3 ‖‖ EDITORIAL BOARD / COMITÉ DE RÉDACTION EDITOR BOOK REVIEW EDITOR RÉDACTRICE EN CHEF RÉDACTRICE DE LA REVUE DE LIVRES SUSAN BARKER NANCY MCCORMACK Digital Services and Reference Librarian Librarian and Associate Professor Bora Laskin Law Library Lederman Law Library. Faculty of Law University of Toronto Queen’s University E-mail: [email protected] E-mail: [email protected] ASSOCIATE EDITOR BOOK REVIEW EDITOR RÉDACTRICE ADJOINTE RÉDACTRICE DE LA REVUE DE LIVRES WENDY HEARDER-MOAN KIM CLARKE WHM Library Services Director, E-mail: [email protected] Bennett Jones Law Library, Faculty of Law University of Calgary E-mail: [email protected] EDITOR EMERITUS INDEXER 2017 CanLIIDocs 227 RÉDACTRICE HONORAIRE INDEXEURE NANCY MCCORMACK JANET MACDONALD Librarian and Associate Professor Macdonald Information Consultants Lederman Law Library, Faculty of Law E-mail: [email protected] Queen’s University E-mail: [email protected] ADVERTISING MANAGER FRENCH LANGUAGE EDITOR DIRECTRICE DE LA PUBLICITÉ RÉDACTRICE AUX TEXTES FRANÇAIS JACQUIE FEX NATHALIE LÉONARD Reference and Training Librarian Head, Reference Services and Law Libraries Ontario Securities Commission Brian Dickson Law Librarian E-mail: [email protected] Université d’Ottawa E-mail: [email protected] FEATURES EDITOR COLUMN EDITOR RÉDACTEUR DE CHRONIQUES BIBLIOGRAPHIC NOTES JOHN BOLAN Instructional and Reference Librarian RESPONSABLE DE LA RUBRIQUE Bora Laskin Law Library CHRONIQUE BIBLIOGRAPHIQUE University of Toronto SUSAN JONES E-mail: [email protected] Technical Services Librarian, Gerard V. La Forest Law Library University of New Brunswick E-mail: [email protected] FEATURES EDITOR PRODUCTION EDITOR RÉDACTEUR DE CHRONIQUES DIRECTEUR DE LA PRODUCTION REX SHOYAMA RAPHAEL MATURINE Online Development Manager Creative, Graphic and Web Designer Carswell, a Thomson Reuters business Managing Matters Inc. E-mail: [email protected] E-mail: [email protected] 4 2017 Canadian Law Library Review/Revue canadienne des bibliothèques de droit, Volume/Tome 42, No. 2 2017 CanLIIDocs 227 ‖‖ From the Editor / De la rédactrice It is the end of term and I have just finished marking the Michelle’s article provides some background and guidance final assignments for a course on Legal Literature and as to how we might go about doing just that. Librarianship, that Features Editor, John Bolan and I teach at the iSchool at the University of Toronto. The criterion for our While Michelle is a relative newcomer to the profession, final assignment is fairly simple – the students are to write Nancy McCormack is a veteran who has been widely “a substantial research paper on any topic relating to law published and is the winner of numerous awards. This issue librarianship.” I have often said that the teaching relationship features her article, When Canadian Courts Cite the Major is reciprocal and I learn as much from my students as I teach Philosophers: Who Cites Whom in Canadian Case Law. them; I have said this so often in fact, that I must sound like We can’t personally escape philosophy even when we are a broken record by now. Each year the students write on an not thinking about it. We all have personal philosophies extensive range of topics and this year was no exception; that influence our political and personal decisions and I have read papers on diversity in law librarianship, beliefs. The influence of philosophy in our legal system and artificial intelligence and law libraries, prison law libraries, consequently on our daily lives cannot be denied. As Nancy e-resources, open access, and more. This year, my eyes has noted, John Stuart Mill’s using the word “person” as have been opened to a variety of ideas and issues that have a generic term that included both sexes was influential in been presented in ways that have surprised and energized the famous “Person’s Case” (Edwards v AG Canada). Who me. John and I encourage students to submit the best of knows? Without John Stuart Mill we might still have an all those papers to the Canadian Law Library Review so you male Senate. Nancy’s article is an in-depth survey of how too will get the benefit of reading about these new ideas and the major philosophers have been cited in the courts and concepts sometime in the future. their consequential impact on the society in which we live. One of the feature articles in this issue was originally a This is what I love about the Canadian Law Library Review. paper presented to our class. Michelle Thompson’s Legal There is a place for the practical and the highly academic Research Blogs in Canada: Uses, Limitations & Preservation side-by-side; both are equally interesting and valuable. Concerns. Legal research blogs have become a valuable I hope to see you all in Ottawa at the conference. With any source of authoritative legal analysis even to the extent that luck the tulips will be out and we can enjoy that first taste of some have been cited in traditional academic writing as well spring. Enjoy! as in the courts. Blogs are also being used as a publication medium to enhance individual and institutional academic reputation. Because blogs are a new and disruptive and EDITOR yet ephemeral source of information, law librarians have SUSAN BARKER a role to play in evaluating, archiving and preserving this new material in ways that have not been done in the past. 2017 Canadian Law Library Review/Revue canadienne des bibliothèques de droit, Volume/Tome 42, No. 2 5 C’est la fin de session, et je viens de finir de corriger les ant appelés à évaluer, à archiver et à préserver ce nouveau travaux finaux d’un cours sur la littérature juridique et la bib- matériel comme ils ne l’ont encore jamais fait. L’article de liothéconomie que John Bolan, rédacteur aux articles de Mme Thompson présente un cadre général et des indications fond, et moi enseignons à l’iSchool de l’Université de Toron- sur la façon dont nous pourrions nous y prendre pour as- to. Le critère du travail final est assez simple : les étudiants sumer ces fonctions. devaient rédiger un rapport de recherche substantiel sur un sujet quelconque relatif à la bibliothéconomie juridique. J’ai Mme Thompson est peut-être relativement nouvelle dans le souvent dit que la relation d’enseignement allait dans les métier, mais Nancy McCormack est une chevronnée ayant deux sens : j’apprends autant de mes étudiants que ce qu’ils été largement publiée et ayant remporté de nombreux prix. apprennent de moi.
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